Texas Mesothelioma Lawyer | Danziger & De Llano Law Firm (2022)

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Texas mesothelioma lawyers help victims ofasbestos exposure take legal actions, make claims, and recover damages. Texas ranks fourth out of the fifty states for the highest number of asbestos-related deaths fromillnesses like mesothelioma. The oil and shipbuilding industries carry a lot of responsibility for this statistic.

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Danziger & De Llano Law Firm – Leading Texas Mesothelioma Lawyers

The Texas law firm of Danziger & De Llano has a long history of providing personalized, dedicated legal representation to those whose lives have been impacted by exposure to asbestos. The firm prides itself on providing high-quality legal guidance and superior, compassionate service.

Texas residents who have been exposed to asbestos have benefited from the firm’s aggressive, focused representation, successfully winning multi-million dollar verdicts and negotiating similar settlements that have provided the funds for their medical expenses, as well as compensation for their pain and suffering.

Examples of Danziger & De Llano Settlements and Verdicts

·$6,142,650 (after attorneys’ fees and expenses) for a sixty-eight-year-old woman diagnosed with mesotheliomaafter years of asbestos exposure while helping her husband with his general contracting work, as well as laundering his asbestos-contaminated clothing.

·$5,939,010 (after attorneys’ fees and expenses) for a forty-six-year-old man diagnosed with mesotheliomaafter being exposed to asbestos while repairing boats and while doing demolition and repair of fire- and flood-damaged buildings.

·$4,750,000 (after attorneys’ fees and expenses) for a forty-nine-year-old mesothelioma victimexposed to asbestos during his Navy career.

·$3,921,750 (after attorneys’ fees and expenses) for a sixty-eight-year-old mesothelioma victimexposed to asbestos products during his Navy service, as well as while working in construction and as an auto mechanic.

·$3,600,450 (after attorneys’ fees and expenses) for a sixty-seven-year-old man diagnosed with mesotheliomaafter exposure to asbestos during his Navy service and as a construction contractor on commercial and residential projects.

·$3,403,890 (after attorneys’ fees and expenses) for a fifty-seven-year-old man diagnosed with mesotheliomaafter asbestos exposure during his Navy service and as a refrigeration and air conditioning mechanic.

Texas Office Location:

Houston Mesothelioma Law Office
440 Louisiana Street
Suite 1212
Houston, Texas 77002
Phone: (713) 222-9998

Client Reviews:

“My experience with Danziger & De Llano, LLP was very rewarding and helpful. I will gladly recommend them to anyone for their help and support, and I greatly appreciate the help that they offered me and the patience that they provided for me. Thank you so very much, and I will, if there are others, recommend you.”

-Constance Elaine Williams

“Within days of being diagnosed, my dad had virtually lost hope. The financial burden and emotional stress of this disease caused us all enormous pain. My dad is over seventy years old and was still having to work to pay his bills, let alone cover costs for a terminal illness. Your firm gave us several affordable treatment options and gave us hope he would get through this without having a breakdown. During our meeting, I saw my dad cry for the first time in a decade. He was so happy we found you, and you came into our lives.”

-Glen Donnelly

Legal Options for Mesothelioma Claims in Texas

Whether you were exposed to asbestos in Houston, Dallas, San Antonio, Fort Worth, Austin, Beaumont, Corpus Christi, Galveston, Amarillo, or any other areas of the state, Texas mesothelioma lawyers are ready to help.

You have several options for seeking justice and recovering damages for your asbestos illness. Experienced lawyers will investigate to find out where and when you encountered asbestos, who is liable, and which type of claim is best for you:

  • Personal Injury Claim. If you have mesothelioma, it is probably because of negligent asbestos exposure. You can sue the negligent companies to recover damages for medical and other expenses.
  • Wrongful Death Lawsuit. When a loved one dies from mesothelioma, your options include filing a wrongful death lawsuit to seek damages.
  • Asbestos Trust Fund Claim. Companies that faced a lot of asbestos lawsuits often went bankrupt, but first, they set up trust funds. Your lawyer will find out if you qualify for a claim for compensation with any trusts.
  • Veterans’ Benefits Claim. The VA rates mesothelioma 100% debilitating. If you encountered asbestos during military service, you could be eligible for VA benefits.

How Asbestos Has Affected Texas Residents and Workers

Texas is a large state with a diverse economy and a big population. These factors help to explain why so many people in the state have gotten sick with asbestos illnesses. Between 1999 and 2017, 2,012 people died from asbestosis, and 2,688 people died from mesothelioma. Over 10,000 people died from lung cancer thought to be associated with asbestos.[1]

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Where Was I Exposed to Asbestos in Texas?

Much of the exposure and illness occurred in the more industrial eastern part of the state, especially around Houston, the coast, El Paso, and Dallas.

Job sites account for most of the asbestos exposure in Texas, but a few natural deposits of asbestos can also be blamed for putting people at risk.

The deposits are in El Paso County, and while no mines operated here, some were former prospects.[2] Disturbing the earth where asbestos occurs can cause fibers to contaminate the air and soil, and even water.

Texas Oil

Oil is big business in Texas. There are land-based oil wells, oil platforms in the Gulf of Mexico, and manyrefineriesthat process oil. Some of the biggest companies in the industry operate in Texas, like Shell, Chevron/Texaco, BP, and Citgo, to name a few.

Because asbestos is so good at insulating against heat and protecting against fire, it was used extensively in the construction of refineries and other oil industry facilities in the past. It was even used in protective gear for workers.

Over the years, workers of all kinds in oil refineries encountered this asbestos. Today, asbestos maintenance is important for keeping workers safe.

The family members of oil workers were also put at risk of exposure. A woman named Ginger Hall, whose husband worked for both Texaco and ExxonMobil in Texas, developed mesothelioma. She claimed that the fibers of asbestos her husband brought home on his clothes got into the air of their home.

She inhaled them over many years and eventually got sick. Hall filed a lawsuit against the oil companies her husband worked for, looking for damages and justice.[3]

Asbestos in Texas Shipyards

The Texas coastline along the Gulf of Mexico has been a boon for the regional oil industry, making Texas an essential player in shipping and shipbuilding. Many workers in this industry have been exposed over the years to asbestos.

This is because the mineral was used heavily in ships for many decades. Asbestos, at one time, was in nearly every component of the ships built in Texas. It was so popular for shipbuilding because of its lightweight strength and ability to prevent the spread of fires. Anyone working in Texas shipyards could have been exposed.

W.R. Grace Vermiculite Plant

W.R. Grace operated a vermiculite processing plant in West Dallas from 1953 to 1992. The company mined vermiculite in Libby, Montana, and shipped it around the country to plants for processing.

For decades, the company hid the fact that the Libby vermiculite contained asbestos. The West Dallas plant received nearly 400,000 tons of contaminated vermiculite from 1967 to 1992.

While the miners and residents in Libby were hit hardest by the asbestos contamination, workers in processing plants were also exposed. Even after the plant shut, remaining materials and minerals continued to contaminate the area and expose nearby residents.

More than 20 years after the plant closed, the Environmental Protection Agency (EPA) is testing the site and surrounding areas for remaining asbestos. Health screenings have already uncovered numerous residents with asbestosis and signs of cancer.[4]

Other Sites with Asbestos in Texas

Oil and maritime industries are big in Texas, but the state is also home to many other industries and many different factories, plants, and facilities that have used asbestos.

These industries include chemical plants, power plants, manufacturing facilities, and others. Here are just a few of the known industrial sites that have contained asbestos:

  • Coastal Refining, Corpus Christi
  • Gilman Fabrication Shop, Corpus Christi
  • Port of Houston, Houston
  • Shell Oil Refinery, Deer Park
  • Randolph Air Force Base, San Antonio
  • Lackland Air Force Base, San Antonio
  • Brooks Air Force Base, San Antonio
  • Camp Bullis Army Base, San Antonio
  • General Dynamics Plant, Fort Worth
  • Todd Shipyard, Galveston and Houston
  • Sun Oil, Beaumont
  • Cosden Petroleum Refinery, Big Springs
  • Consolidated Steel Shipbuilding, Orange
  • Bethlehem Steel, Beaumont
  • Fina Chemical Plant, Beaumont
  • Diamond Shamrock Chemical, Houston
  • Sinclair OIl Refinery, Houston
  • Texaco, Houston
  • Platzer Shipyard, Houston
  • Armco Steel Mill, Houston
  • Dallas Steam Electric Station, Dallas
  • S.P.S. Steam Plant, Amarillo
  • Levi Strauss, Amarillo
  • 3M, Austin

Can I Still Be Exposed to Asbestos in Texas Today?

Yes, while most exposure occurred in the past, lingering asbestos continues to put Texas workers and residents at risk. Texas mesothelioma lawyers continue to help victims of ongoing asbestos exposure, mostly through old buildings and abandoned industrial sites.

The construction industry used so much asbestos in buildings that it is still around today in many locations. If those asbestos materials deteriorate or are disturbed by demolition or renovations, they can expose residents, workers, and anyone living nearby.

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Schools are one unfortunate example of where people might still be exposed today. Port Arthur’s Abraham Lincoln Middle School auditorium was recently slated for renovations because of asbestos.[5] Centerville’s high school also recently faced a similar issue with asbestos. Workers discovered asbestos during construction work that could have exposed students and staff.[6]

Texans can also find asbestos in older public buildings, worksites and buildings, and even their own homes, including houses and apartment buildings.

Texas at the Center of Johnson & Johnson Asbestos Lawsuits

Another ongoing issue with asbestos exposure is talcum powder products. Asbestos has been found in some Johnson & Johnson products like Baby Powder. Talc is mined and might contain asbestos, but manufacturing companies are supposed to ensure their products are asbestos-free.

In recent years, many consumers have begun suing the company and others over mesothelioma and ovarian cancer after using talcum products for decades.

Texas recently became a major player in these lawsuits for a strategy Johnson & Johnson implemented known as the “Texas-Two-Step.” Facing billions of dollars in lawsuits, J & J created a new corporation to hold its asbestos liabilities. It created the corporation in Texas, a state often regarded as friendly to businesses in lawsuits.

J & J transferred minimal assets to the new corporation and then it filed for bankruptcy. This strategy shields most of J & J’s assets from asbestos lawsuits. For victims, it means less funding is available to compensate them for their serious illnesses.

The move is controversial, and current plaintiffs in lawsuits against J & J are challenging it. The outcome remains undecided at this point. It will likely go all the way to the U.S. Supreme Court.[7]

What Are the Asbestos Laws in Texas?

Texas laws include several safety regulations. These are supposed to protect state residents and workers from ongoing asbestos exposure. Negligence laws apply to past exposure victims now trying to sue for damages or claim compensation.

Texas Asbestos Safety Regulations

Texas has had substantial problems with asbestos for years. The Department of State Health Services administers state and federal asbestos regulations to protect people now and in the future.

The laws require that any building project be surveyed by an asbestos professional before beginning and, if asbestos is involved, notify the state.

Asbestos professionals must hold asbestos insurance and be certified through the state. These contractors also have to keep records of all asbestos work done. Residences of four units or fewer are exempt from these rules.[8]

Statute of Limitations

Laws regarding the filing ofasbestos lawsuitsin Texas have been strict since adopting new rules in 2005. The new rules require that a person have a disability at the time the suit is filed. In other words, you must have symptoms of your asbestos illness when you file a lawsuit.

There is also a statute of limitations of two years from the time of diagnosis, so you have two years to be diagnosed and develop symptoms that are considered debilitating enough. You must also file within two years to start a wrongful death lawsuit on behalf of a deceased loved one.

Secondary Exposure and Take-Home Duty

Take-home duty refers to a company’s duty to warn workers and their families about the dangers of bringing asbestos fibers from the workplace to the home.

Decades ago, workers were often unaware they carried fibers on their clothing. Many family members were exposed and some got sick. This is secondary asbestos exposure.

Texas does not have a law recognizing a company’s take-home duty or denying it. However, a decision in 2007 set a precedent that indicated companies are not necessarily liable for secondary exposure. In this case, the wife of an Alcoa plant worker sued and won millions in damages.

An appellate court reversed the damages award. It ruled that the company could not have foreseen the risks to the family of workers. This precedent limits how much or if a secondary exposure victim can recover in damages.[9]

Civil Practice and Remedies Code

Texas legislators passed a law in 2015 to require plaintiffs filing asbestos lawsuits to first file claims with all relevant asbestos trusts. They must do this at least 150 days before a personal injury lawsuit begins.

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Plaintiffs are required to submit all information about the claims. If the lawsuit proceeds, the courts can then reduce any jury awards by the amount of money received from the trusts. The new law limits how much a victim can get in compensation for an asbestos illness.[10]

Cancer Care in Texas

If you have been exposed to asbestos in Texas and were diagnosed with mesothelioma or lung cancer, you have a choice of four excellent comprehensive cancer centers as designated by the National Cancer Institute. All of these offer the bestcancer treatmentand support:[11]

  • Cancer Therapy and Research Center at the University of Texas in San Antonio
  • Harold C. Simmons Comprehensive Cancer Center at the University of Texas in Dallas
  • Dan L. Duncan Comprehensive Cancer Center at Baylor College of Medicine in Houston, and the
  • University of Texas MD Anderson Cancer Center in Houston

Contact a Texas Mesothelioma Lawyer Now

Because the period is short for filing an asbestos lawsuit and the laws are restrictive, it is important that you act quickly after getting sick and that you work with a Texas mesothelioma lawyer.

Without this experienced professional on your side, navigating the legal system can be difficult and fraught with the potential to make mistakes that will cost you the opportunity to recover damages. Danziger & De Llano will help you establish your case, file a lawsuit, and argue on your behalf, so you have the best chance of getting justice for your illness or family death.

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Page Written by Rod De Llano, Esquire

Texas Mesothelioma Lawyer | Danziger & De Llano Law Firm (2)

Rod De Llano was born and raised in Laredo, Texas. He graduated from Princeton University with a B.A. in Economics, and earned a law degree from the University of Texas. After working for an international law firm for several years, Rod formed a law firm dedicated to representing persons injured by exposure to asbestos products. For over 20 years, Rod has fought for persons diagnosed with asbestos-related diseases such as mesothelioma, lung cancer, and asbestosis. His clients have recovered over $1 billion over the years.

Connect with Mesothelioma Compensation ExpertRod De Llano

References

  1. Environmental Working Group Action Fund. Asbestos Nation. (n.d.). Asbestos-Related Deaths in Texas.
    Retrieved from: http://www.asbestosnation.org/facts/asbestos-deaths/tx/
  2. Van Gosen, B.S. (2006). Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Natural Asbestos Occurrences in the Central United States. U.S. Geological Survey Open-File Report., 2005-1211.
    Retrieved from: https://pubs.usgs.gov/of/2006/1211/downloads/pdf/Plate.pdf
  3. Yates, D. (2012, June 29). Woman Claims Asbestos Exposure Through Husband’s Work Clothes.
    Retrieved from: https://setexasrecord.com/stories/510618877-woman-claims-asbestos-exposure-through-husband-s-work-clothes
  4. Erickson, B. (2022, July 22). EPA Finds Asbestos in the Soil Near the Former W.R. Grace Plant in West Dallas. D Magazine.
    Retrieved from: https://www.dmagazine.com/frontburner/2022/07/epa-finds-asbestos-in-the-soil-near-the-former-w-r-grace-plant-in-west-dallas/
  5. Malick, O. (2022, April 3). Port Arthur to Begin Asbestos Abatement on Lincoln Auditorium. Beaumont Enterprise.
    Retrieved from: https://www.beaumontenterprise.com/news/article/PAISD-to-begin-asbestos-abatement-on-Lincoln-17051114.php
  6. Surette, R. (2022, August 24). Centerville ISD to Shuffle Classes Following Asbestos Exposure During Construction. KBTX.
    Retrieved from: https://www.kbtx.com/2022/08/25/centerville-isd-shuffle-classes-following-asbestos-exposure-during-construction/
  7. NPR. (2022, September 27). J&J Tried to Block Lawsuits from 40,000 Cancer Patients. A Court Wants Answers.
    Retrieved from: https://www.npr.org/2022/09/19/1123567606/johnson-baby-powder-bankruptcy-lawsuits
  8. Texas Health and Human Services. Texas Department of State Health Services. (2015, August 17). Laws and Rules – Asbestos Program.
    Retrieved from: https://www.dshs.texas.gov/asbestos/rules.shtm
  9. JDSupra. (2022, February 14). Jurisdictional Analysis Shows Divide on Duty for Take-Home Asbestos Exposure.
    Retrieved from: https://www.jdsupra.com/legalnews/jurisdictional-analysis-shows-divide-on-5674470/
  10. Texas statutes. (n.d.). Civil Practice and Remedies Code.
    Retrieved from: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.90.htm
  11. National Institutes of Health. National Cancer Institute. (n.d.). Find a Cancer Center.
    Retrieved from: https://www.cancer.gov/research/nci-role/cancer-centers/find

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