This is why Statutes of Limitation are SO important. This guy filed a claim within 1 year of when he discovered that benzene caused his cancer, BUT it apparently was not filed within a year from when he was diagnosed (although the story is not clear on that). In this case, he got caught in a state law trap. The court told him that state law required that the claim be filed earlier.
Source: www.kake.com
Gerald Michaud of Wichita, Kansas was a malpractice lawyer who took on some ground breaking cases. He died at his home at age 76 of congestive heart failure. One case that he had was a benzene case where he proved that it caused his client’s cancer. He got a verdict for that client. Amount: $34 million.
Source: RedNova.com
What does a railroad or shipyard have to do with Benzene? Other than the fact that benzene is found in many products there, the answer is FELA. FELA is the Federal Labor and Employment Act. This act basically is the workers compensation law that governs these workers. FELA gives many workers the right to pursue a workers comp claim by using a lawsuit instead of the usual administrative state workers comp system.
If you are a shipyard or railroad worker this law basically gives you another option. And using FELA is often to your advantage.
Knowing whether the filter you use is still good has always been difficult. You estimate how long you have used it and then compare that to federal standards. Researchers at Carnegie Mellon University have developed a system that uses small sensors in the filters to tell you when the filters are no longer any good.
The sensors are able to react to different chemicals such as benzene and measure whether the filter is still good.
It’s an interesting article. Read it here… PittsburghLive.com
The FDA turned down a Johnson & Johnson application for a new experimental leukemia drug. The drug was called tipifarnib.
Tipifarnib is an oral medication studied to treat acute
myeloid leukemia in elderly patients who are not candidates for
standard chemotherapy.
Source: Reuters at Yahoo
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