Mesothelioma Fraud with Safeguards
Mesothelioma is a condition of respiratory cancer, which is incurable till today. This cancer is caused by inhaling asbestos fibers which lines the inside of the lungs and brings about this disease. Most cases of Mesothelioma are caused due to asbestos breakage or wear either at work or at places of residence. Mesothelioma does not show until years have past from the time of ingestion. So people who suffer from Mesothelioma are not very certain as to how and where they got it from i.e. if they have been moving about and jumping jobs very often.
People who are detected with Mesothelioma have a zero survival rate and they are hungrily approached by lawyers, who want to make good money quickly. The first Mesothelioma case was filed in 1966 but was lost, the second asbestos related malignant Mesothelioma case was filed immediately after this one, for a co-worker of the first person who brought the case and this was won, with the victim getting $80000. This was way back in 1966 where inflation had not taken its toll as it has now. In 2001, for a Mesothelioma case being awarded the victim stood to get about $1 million, with the lawyer getting about 40% of the booty and if the case did go to trial then the victim got up to $6 million.
With all the money that is being made in Mesothelioma cases, a lot of racketeering and scams have started with people trying to falsify evidence to tap into the money that is being made available. Even genuine Mesothelioma cases are being approached by lawyers and they are conned into signing in with them. These lawyers then leave the victims high and dry with no money left to even pay their bills.
There are also fraud cases on the other side of the fence, where there is proof of companies knowing that Mesothelioma being an asbestos related cancer tried to hide the information from as early as the 1930s. Companies too have observed that the statistics of Mesothelioma patients are higher among those who have been exposed to asbestos in their area of work. There are also known cases of safety officers falsifying documents to pass certain constructions which are unsafe where the asbestos hazard is concerned. The case of Saverio Todaro is similar to this; he was formerly a New York safety inspector, who fraudulently passed about 200 constructions in their toxic reports. He pleaded guilty on March 26th 2011 for 11 counts of felony spanned over a decade.
However, the larger part of this scam in Australia is performed not by the doctors or safety workers but by the lawyers. The manner they operate in is as follows -
• They chase people to detect Mesothelioma and create publicity by having these people medically checked at places like motels, union halls, shopping centers and parking lots for the asbestos related disease.
•The lawyers then convince you that you carry the disease and make you assert your claims without having any symptoms or medical reference.
• They then play with the justice system and make the civil justice themselves give the lawyers’ evidence requirements along with the proximate cause.
• They then go forum shopping looking for jurisdictions that are friendly and biased towards the plaintiffs attorney.
• These lawyers then develop a racketeering gang of physicians, clinics and x-ray readers who are willing to carry out test and even interpret them into a report that will favor the Mesothelioma lawyer.
• The layers then induce the victims to the idea of making good money and as per their study the victims always want to get more out of the company they work for. So, with the victims working in league with the lawyers, they are promised a hefty sum of money to co-operate with them.
With all that is happening in these scenarios, the biggest sufferer of these scams is the medical insurance sector. However, these insurance companies are monetarily fueled by the people themselves. So when the claims are paid off, it is actually a robbery of people’s money and when the people really fall victims to ill-health, then the insurance sector tries their best to turn down the genuine claims. As they are normally successful as the claims, unlike the Mesothelioma claims which are backed by viscous money laundering lawyers. The viscous cycle therefore continues.
For these lawyers to secure their illicit income, they then find the need to purchase politicians, who have the power to slow down the progress of the laws that combat these scams. This significantly handicaps Civil Justice and companies that have even the slightest association with asbestos can suffer huge claims at the hands of these scam generators.
Another Act of these scam lawyers is that they produce to the courts Mesothelioma cases in bulk, which is done so that the concerned judiciary will not take time to address each case under the microscope and observe them individually. On close inspection it can be noticed that the lawyers note on the victim does not say exactly as what the doctor’s certificate says and even the x-ray report does not tally. Some of these cases that come to the Australian courts have an x-ray report without any actual x-ray been taken. These lawyers never allow the victims to go to their own family doctors for the report and x-ray.
A genuine Mesothelioma case is distinguished, when it comes individually to the court and has a report from a genuine clinic. It must be understood that Mesothelioma is a rare cancer and by the sheer amount of cases coming and making claims for the disease, something surely smells fishy.
So for a person who has a genuine case of the disease, it is advisable to pick a lawyer who not only has a history of dealing with Mesothelioma cases but has a spotless record where these scams are concerned. To conclude, as long there will be people thinking that they can beat the system, there will always be scam runners like these Mesothelioma lawyers.