Minnesota Personal Injury News | Sieben Polk Law Firm

Crown Cork & Seal is seeking passage of legislation in Minnesota which would result in Crown Cork no longer being responsible for the harm caused by hazardous asbestos products from a company it acquired many years ago.

Back in the mid 1960’s, Crown Cork acquired a company named Mundet which manufactured various asbestos-containing products.  At the time that Crown Cork purchased Mundet, it acquired both the assets and the liabilities of Mundet.

Since that acquisition by Crown Cork, thousands of asbestos-related claims have been filed against Crown Cork.

Crown Cork (a Pennsylvania corporation) is now seeking legislation which would declare it an “innocent successor” which in turn would aid in establishing that any corporation which similarly acquired the liabilities of an asbestos manufacturer or distributer prior to 1972 would be an “innocent successor.”

In the mid 1960’s, during the time Crown Cork acquired Mundet, there were at least nine workers’ compensation claims filed against Mundet by its own employees for asbestos-related injuries between 1954 and 1963.

Further, the hazards of asbestos were well known, documented, and widely reported back in the 1950’s and early 1960’s by the medical community.

Therefore, because Mundet and Crown Cork were well aware of the hazards of asbestos at the time of the acquisition by Crown Cork of Mundet, Crown Cork was not an “innocent successor.”

Crown Cork has offered testimony before the Minnesota Legislature that it had “bad lawyer advice” at the time of the acquisition and requested this legislation be passed as soon as possible to protect them, and backed this immediate need with irresponsible statements like “This bill isn’t about Minnesota…” and “…because of Wall Street…the interest rates Wall Street is charging are killing us.”

The Minnesota Legislature should not bail out a corporation or deny anyone the right to obtain a fair and just settlement due to an asbestos-related injury or illness because of either “bad lawyer advice” or to “satisfy Wall Street.”

The fact of the matter is that here in Minnesota we’ve had an orderly system of resolving asbestos-related disputes in our courts for 25 years with a state wide asbestos judge and attorneys.  Both the plaintiffs and the defendants agree that we have a fair system here in Minnesota of adjudicating disputes.

Furthermore, what Crown Cork has told legislators versus what it told its own shareholders and the Federal regulators are in direct conflict with one another.  In its 2010 annual report to its shareholders, Crown Cork, a company with net sales of $7.9 billion and $1.2 billion in profits for 2010, told its shareholders [relating to asbestos-related claims] “while it is not possible to predict the ultimate outcome of asbestos-related claims and settlements, the company believes that resolution of these matters is not expected to have a material adverse affect on the company’s financial position.”  Further, in its filing on October 31, 2007 with the Securities and Exchange Commission, Crown Cork stated “resolution of asbestos-related claims is not expected to have a material adverse affect on the company’s financial position.”

Asbestos disease for the past 40 years has affected people from all walks of life.  Several decades ago, asbestos-related injuries predominantly affected people in our construction trades such as insulators, plasterers, sheet metal workers, pipefitters, boilermakers, electricians and plumbers.  However, asbestos injuries affect people who have never worked with asbestos such as wives who wash their husband’s clothes, nurses who work in hospitals which are sprayed with asbestos, Navy and other military veterans who sailed on our country’s ships which were filled with asbestos, and innocent neighbors who happen to live nearby an asbestos manufacturing facility.

The pernicious aspect of asbestos-related injuries is that it typically takes several decades from the time you are exposed to the asbestos until the time you get sick from it.  Because of this “lag time,” it is indeed very difficult to prove asbestos-related claims because evidence of which asbestos products one was exposed to that long ago is very difficult to gather.  In addition, over the past several years, many asbestos manufacturers have sought bankruptcy protection.

Asbestos-related diseases include a cancer known as mesothelioma, which is always fatal, usually within a year or two.  Other asbestos-related injuries include asbestosis (which ends up strangling the victim), and diseases which scar down the outside covering of the lungs preventing proper breathing.

As you can imagine, the medical expenses for chemotherapy, radiation, medicine, surgery, and chest x-rays are enormous and often amount to several hundred thousand dollars.

The opportunity of a citizen in Minnesota to go to court and request that the manufacturer/distributors of asbestos products which resulted in their medical expenses will be further diminished with the passage of this legislation.  If allowed to pass this legislation will ultimately shift the horrendous cost of asbestos-related medical treatment to Medicare, government assistance and private health insurers, and away from those who should bear the financial burden for these product-related illnesses; the manufacturer and distributor.

Please urge your legislator to vote “no” on this legislation as it is both unnecessary and unfair. We have the judicial branch of government and the court system which already fairly adjudicates asbestos-related claims.

The Sieben Polk Law Firm of Hastings, Minnesota, and its attorneys have been recognized with both national and statewide honors. The law firm received U.S. News & World Report – Best Lawyers Tier 1 ranking for “Best Law Firms” in Plaintiffs Personal Injury Litigation for the Minneapolis metropolitan area. Also, Attorney Michael Sieben was named Best Lawyers “Lawyer of the Year” 2012 among the Minneapolis Area Plaintiffs Personal Injury Litigators, and Richard LaVerdiere was named Best Lawyers “Lawyer of the Year” 2011 and 2012 among the Minneapolis Area Plaintiffs Product Liability Litigators. Best Lawyers designate “Lawyers of the Year” in legal specialties in large legal communities. Only a single lawyer in each specialty in each community is honored as the “Lawyer of the Year.” In 2011, Best Lawyers again named Attorney Sieben, LaVerdiere and Michael Polk to the 2011 Best Lawyers in America list. Best Lawyers compiles its list of outstanding attorneys by conducting extensive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

Similarly, Sieben Polk attorneys Michael Sieben, Michael Polk, Richard LaVerdiere, Bernie Dusich, and Michael Strom have once again been named “Super Lawyers” for 2011 as published in Mpls. St. Paul Magazine, Twin Cities Business, and Minnesota Super Lawyers. Mr. Strom was further honored as “Top 100 Super Lawyers” for 2011. Mr. Sieben, Mr. Polk and Mr. LaVerdiere have also been named in the “Top 100” list in past years. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Only five percent of Minnesota lawyers are selected. Additionally, Attorneys Joshua Tuchscherer and Chad Alexander were named “Rising Stars” for 2011. Minnesota Rising Stars recognizes the top up-and-coming attorneys in the state – those who are 40 years old or younger, or who have been practicing for 10 years or less.

The attorneys at Sieben Polk Law Firm are dedicated to helping individuals and families who have been injured. The law firm limits its practice to asbestos diseases, auto accidents, wrongful death, defective products, and medical/professional malpractice claims. The Sieben Polk Law Firm has been serving clients in Dakota County and across the state of Minnesota since 1953.

If you have been involved in a motorcycle accident in Minnesota, there are many important benefits of calling an experienced motorcycle accident lawyer. Experience is the key, as you will need the support of someone who has dealt with the intricacy of these particular types of accidents. The fact is that motorcycle accidents generally involve more serious injuries than almost any other accident. When seeking representation for your case, there are some important factors to carefully consider. After all, these details will determine the final outcome of your case. Some examples include:

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If you have been involved in a semi-truck accident, you shouldn’t attempt to deal with the aftermath alone. The legal arena is governed by rules and procedures that are less clear-cut and intuitive than the “rules of the road,” and you should be sure that a professional is looking out for your best interests. When looking for legal representation, there are three ways a Minnesota semi-truck accident lawyer can help you:

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The first step in the process when diagnosed with malignant mesothelioma is to determine what “stage” the cancer is in. The stages of malignant mesothelioma are divided into two distinct groups; localized and advanced. Localized is considered stage I, while advanced is categorized in stages II, III, and IV.

When cancer is found in the lining of the chest wall, lungs, diaphragm, or the lining of the sac that covers the heart, it’s known as localized malignant mesothelioma or stage I mesothelioma. This is the only localized stage of malignant mesothelioma, once past this stage the cancer has spread to areas other than the point of original exposure. Because the onset of symptoms of mesothelioma can take many years it is possible for the cancer to be past stage I by the time it’s first detected.

Advanced malignant mesothelioma (group two) has three stages. Once the malignant mesothelioma has spread to the lymph nodes on the same side of the chest, the cancer has become stage II or advanced malignant mesothelioma. Stage III of advanced malignant mesothelioma happens if the cancer spreads to the chest wall, the mediastinum, the heart, beyond the diaphragm, to the pertone, or has spread to the lymph nodes on the other side of the chest. These advanced stages of the disease are more complicated to treat and much more serious. When the cancer has spread to distant organs or tissue it is elevated to stage IV. Recurrent malignant mesothelioma is cancer that has come back after it has been treated; this can happen in the chest, abdomen, and other parts of the body.

The stage of the malignant mesothelioma when discovered can play a big role in treatment and outcome. If you or a loved one has been exposed to asbestos and therefore are at risk of mesothelioma contact Seiben Polk law firm, call (651) 437-3148 or visit their web site www.siebenpolklaw.com.

Drunk driving is a huge problem and one of the leading causes of car accidents in Minnesota and Wisconsin. Because accidents due to alcohol abuse can be prevented they seem especially inexcusable, and the lawyers at Sieben Polk aggressively represent the rights of innocent people injured by drunk drivers.

In Minnesota the legal blood alcohol limit for operating a motor vehicle is .08, this or anything higher than this is considered drunk driving and the vehicle operator can be charged with a DWI (driving while intoxicated). Punitive damages may be brought against a driver who is above the legal limit during an accident. In some cases liquor stores, bars, and social hosts may also be held responsible for injuries to innocent people if an accident occurs.

Drinking establishments such as bars, lounges, and restaurants where alcohol is sold and consumed are referred to as Dram Shops. Minnesota law imposes liability to such businesses that illegally sell alcohol. It is illegal to sell alcohol without a license, to people under the legal drinking age of 21, and to people who are already obviously intoxicated. These establishments may be held legally responsible if a person is injured or killed. Minnesota has a two year statute of limitations on Dram Shop cases, so it’s best for victims to act quickly to protect their rights.

Victims of drunken driving accidents can trust the attorneys at Sieben Polk Law Firm. The experienced attorneys of Sieben Polk have successfully represented victims in many drunken driving accident cases that have resulted in large settlements. If you or a loved one has been injured in a drunken driving accident contact Sieben Polk Law Firm by calling (651) 437-3148 or visiting www.siebenpolklaw.com.

The leading cause of mesothelioma is exposure to asbestos. Found naturally in the environment asbestos is a common mineral. Being strong and resistant to heat makes asbestos fibers useful for a wide range of applications, such as in insulation, vehicle breaks, shingles, flooring and various other products.

Asbestos dust, when inhaled or swallowed, can settle in the lungs or the stomach and cause irritation that can lead to mesothelioma. Exactly how this process works is not yet fully understood and it can take 20 to 40 years for the development of mesothelioma as a result of asbestos exposure. Exposure to asbestos particles can happen when asbestos is broken up, such as during insulation removal, or during the mining process. Any time asbestos is broken it can create the harmful dust that can be inhaled or swallowed.

Other factors may be involved in whether someone gets mesothelioma. Some people who have had years of asbestos exposure may never develop mesothelioma, yet others with very brief exposure can develop the disease. It’s possible another health condition could increase the risk of getting mesothelioma, or that a predisposition to cancer could raise the risk level.

People who are exposed to asbestos at work can carry the fibers home with them on their clothing and skin. These fibers can put those living with someone who works with asbestos at an increased risk for mesothelioma. Certain medical treatments have also increased mesothelioma risk over the years. Polio vaccines administered between 1955 and 1963 contained simian virus 40 which some research indicates is linked to mesothelioma. The radioactive substance thorium dioxide has also been sighted as a possible risk enhancer of mesothelioma. This chemical was used along with x-rays to diagnose heath conditions from the 1920’s to the 1950’s.

The risks for mesothelioma may seem varied but it stems primarily from exposure to asbestos. If you or a loved one has been exposed to asbestos contact Sieben Polk law firm for more information, call (651) 437-3148 or visit their web page www.siebenpolklaw.com.

If you, or someone you love, has asbestosis as a result of harmful exposure to asbestos, either through work or by secondhand exposure at home, you owe it to yourself to seek an attorney with a firm that has a solid track record of winning personal injury asbestos exposure cases, and one that has the resources and commitment to provide you with a successful outcome.

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Mesothelioma is a rare and terminal cancer.  The only known cause of mesothelioma is exposure to asbestos or asbestos-containing products.  In individuals who suffer from pleural mesothelioma, asbestos fibers have travelled through the lungs and reached the thin membrane that surrounds the lungs, known as the pleural mesothelium.  The asbestos fibers cause the mesothelial cells within the pleural mesothelium to become cancerous.  Approximately 2000 cases of mesothelioma are diagnosed in the United States each year.  The majority of these individuals have been exposed to asbestos or asbestos-containing products during their work, construction activities, in buildings or their homes.

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If you are hurt in an accident through no fault of your own, a personal injury lawyer can help you recover expenses for unexpected medical bills, medications, hospitalization, loss of wages and long-term rehabilitation or disability. Personal injury lawyers work for injured people to ensure that individuals and corporations compensate people injured as a result of their negligence.

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