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Mesothelioma Legal Glossary

A-Reader

A physician who has submitted six sample x-rays from his or her own files to the Appalachian Laboratory for Occupational Safety and Health (ALOSH) consisting of two x-rays negative for pneumoconiosis, two x-rays showing simple pneumoconiosis, and two showing complicated pneumoconiosis; or who has taken a course approved by ALOSH in the classification systems for diagnosing pneumoconiosis.

actinolite

A basic calcium, magnesium, iron silicate, one of six naturally occurring fibrous minerals forming the group called asbestos. Occurs as translucent bright- to gray-green tough interlocking fibers which are flexible and elastic. Actinolite has not been used commercially, although it is sometimes a contaminant in asbestos-containing products.

adenocarcinoma

Cancer that begins in cells that line certain internal organs.

affidavit

A written statement or declaration whose contents are sworn to be true by the signer before a notary or some other judicial officer authorized to take oaths. A witness's affidavit carries such weight that a judge will frequently accept it place of oral testimony in court.

amosite

A basic calcium, magnesium, iron silicate, one of six naturally occurring fibrous minerals forming the group called asbestos. Occurs as straight, brittle fibers, light gray to pale brown in color. Commonly used in commercial asbestos products.

amphibole

One of the two subgroups of minerals forming the asbestos group, distinguished by their chain-like crystal structure and chemical composition. Asbestos amphiboles include actinolite, amosite, anthophyllite, crocidolite, and tremolite.

answer

A defendant's written response to a plaintiff's initial court filing, called a complaint. An answer normally denies some or all facts asserted by the complaint and may sometimes include counterclaims of allegations or charges against the plaintiff. A defendant usually has 30 days to file an answer after being served with the plaintiff's complaint.

anthophyllite:

a dark brown mineral of the amphibole group; magnesium iron silicate

appeal

Request to a higher court to reverse the decision of a trial court after final judgment or other legal ruling, citing legal reasons for overturning the ruling. No new evidence is admitted on appeal, for it is strictly a legal argument.

asbestos bodies (aka ferruginous bodies)

Asbestos bodies are a subset of ferruginous bodies, the structures formed when iron-protein deposition occurs on fibers in the body. Because asbestos is by far the most commonly occurring core material, the presence of ferruginous bodies in sputum indicates a significant past exposure to asbestos.

autopsy

A surgical procedure after death which involves the examination of body tissues, often to determine cause of death.

B-Reader

A physician who has demonstrated proficiency in assessing and classifying x-ray evidence of pneumoconiosis by successful completion of an examination conducted by the United States Public Health Service.

biopsy

A procedure involving the removal of a sample of tissue for microscopic analysis. Biopsies can be accomplished with a biopsy needle (passed through the skin into the organ or tumor in question) or by open surgical incision.

carcinogenic

Of a substance which causes cancer.

carcinoma

A malignant tumor that begins in the skin or in tissues that line or cover internal organs.

chronic obstructive pulmonary disease (COPD)

A progressive lung disease process characterized by difficulty breathing, wheezing, and a chronic cough. Complications include bronchitis, pneumonia, and lung cancer.

chrysotile

Basic silicate of magnesium, one of six naturally occurring fibrous minerals forming the group called asbestos. White in color, the only mineral of the serpentine subgroup of asbestos. Constituted up to 95% of all industrial asbestos.

class action

A type of lawsuit filed by one or more plaintiffs on behalf of themselves and a larger group of people "who are similarly situated." While allowing one judge to hear all the cases at the same time, the resulting decision is binding on all parties.

closing statement

The final argument in a trial by an attorney on behalf of his/her client after all evidence has been produced for both sides. The lawyer for the plaintiff makes the first closing argument, followed by counsel for the defendant, and then the plaintiff's attorney can respond to the defense argument.

complaint

The first document filed with the court by a person or entity (the plaintiff) carefully stating the factual and legal basis for claiming legal rights against another party (the defendant or defendants).

crocidolite

A fibrous sodium iron chain silicate of the amphibole subgroup of asbestiform minerals, often called "blue asbestos" due to color ranging from Prussian and indigo blue to yellow green. Its fibers generally resemble strands of fine textured hair which can usually bend beyond 90° before breaking. One of three common forms of asbestos found in building materials, formerly constituting about 4% of the world total production of asbestos.

cross examination

The opportunity for the attorney for one party to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. The questions on cross-examination are limited to the subjects covered in the direct examination of the witness, but the attorney may ask leading questions, in which he or she is allowed to suggest answers or put words in the witness's mouth.

cytology

The branch of biological science that deals with the structure and function of cells.

de bene esse

Of formal sufficiency for the time being; conditionally; provisionally.

defendant

The party against whom the court has been asked by the plaintiff to order damages or specific corrective action to redress alleged unlawful or improper action.

deposition

Sworn testimony taken under oath prior to trial before a court reporter in a place away from the courtroom. A deposition is part of permitted pre-trial discovery process, set up by an attorney for one of the parties to demand the testimony of the opposing party (defendant or plaintiff), a witness to an event, or an expert intended to be called at trial by the opposition.

differential diagnosis

The determination of which two or more diseases with similar symptoms is the one from which a patient is suffering, based on an analysis of the clinical data.

direct examination

The first questioning of a witness during a trial or deposition.

discovery

The pre-trial process in which a party to a lawsuit may obtain information from the opposing party and potential witnesses via demands for production of documents, depositions, written interrogatories, written requests for admissions of fact, examination of the scene, and employment of petitions and motions to enforce these rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Much of the fight between the two sides in a lawsuit may actually occur during the discovery period.

epidemiology

The statistical study of the distribution and determinants of disease in populations.

epithelial

Of the cells that line the internal and external surfaces of the body.

expert witness

A person who is a specialist in a subject, often technical, who may present his or her expert opinion without having been a witness to any occurrence relating to the lawsuit. Expertise may be challenged, and the trial judge has discretion based on court examination of the expert's background to qualify the witness or rule he or she is not an expert, or is an expert on limited subjects. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.

"forum shopping"

Practice of filing a lawsuit in the jurisdiction (of the several available to the plaintiff) perceived to be most favorable to the presentation and outcome of the case.

friable

Of a material which when dry, may be crumbled, crushed, pulverized, or reduced to powder by normal hand pressure.

histology

The study of the structure and behavior of cells and body tissues, usually involving microscopic examination of tissue slices.

idiopathic

Of a condition or disorder that occurs spontaneously for unknown reasons.

immunohistochemical staining

A laboratory process of detecting an organism in tissues with antibodies. These antibodies are labeled with a compound that is seen as a colored deposit when viewed microscopically. In general, mesotheliomas require immunohistochemical confirmation before legal measures are initiated.

interrogatories

A set of written questions to a party to a lawsuit asked by the opposing party as part of the pre-trial discovery process. These questions must be answered, normally with help from one's attorney, in writing under oath under penalty of perjury within a specified period of time, such as 30 days.

invasive cancer

Cancer that has spread beyond the area where it first developed to involve other tissues.

joint and several liability

Liability in which each defendant is responsible for the entire amount of the judgment. Often the court will allow the plaintiff to collect from whichever defendant can most easily pay, letting that defendant demand contributions from the other defendants.

judgment

The final decision by a court in a lawsuit or appeal from a lower court's judgment.

judgment non obstante veredicto (JNOV) = judgment notwithstanding the verdict

Reversal of a jury's verdict by the trial judge when the judge believes there was no factual basis for the verdict or it was contrary to law. The judge will then enter a different verdict as "a matter of law", to prevent injustice.

jurisdiction

The authority given by law to a court to try cases and rule over acts committed in a defined territory, over certain types of cases, or over certain groups of persons.

latency period

The period between exposure to a disease-causing agent and the onset or appearance of disease symptoms. The latency period for asbestos-related diseases ranges from 15 years for asbestosis to 30 years or more for lung cancer and mesothelioma.

lawsuit

A common term for a legal action by one person or entity against another person or entity, to be decided in a court of law.

lung cancer

An uncontrolled growth of abnormal cells in lung tissue. Primary lung cancer originates in the lungs, while metastatic lung cancer spreads to the lungs from another organ. Classification is based on the type of cell the cancer originates from: adenocarcinoma, alveolar cell carcinoma, squamous cell carcinoma, large cell, and small cell carcinomas.

lymph nodes

situated along the course of lymphatic vessels, the lymph nodes are the main source of lymphocytes of the peripheral blood and, as part of the reticuloendothelial system, serve as a defense mechanism by removing noxious agents, such as bacteria and toxins, and probably play a role in antibody production.

malignant

a disease that is threatening to life, cancerous, and tends to produce deterioration and death

mesothelial cells

Specialized cells forming a tissue called the mesothelium which lines the chest cavity, abdominal cavity, and the cavity around the heart. These cells also cover the outer surface of most internal organs.

mesothelioma panel

National pathology reference panel for the diagnosis of mesothelioma which grades individual tumors according to the degree of diagnostic certainty.

mesothelium

A layer of specialized cells forming a thin membrane that lines certain body cavities: where it covers the lungs and the inner surfaces of the chest wall, it is called the pleura; where it covers the organs of the abdominal cavity and the inner surfaces of that cavity, it is called the peritoneum; where it constitutes the sac that surrounds the heart, it is called the pericardium.

negligence

Failure to exercise the care toward others which would reasonably be expected of a person in the circumstances, or taking action which a reasonable person would not. In making a claim for damages based on an allegation of another's negligence, the plaintiff must prove a) that the party alleged to be negligent had a duty to the injured party or to the general public, b) that the defendant's action (or failure to act) was not what a reasonably prudent person would have done, c) that the damages were caused by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness.

neoplasm

New growth or tumor which may be benign or malignant.

opening statement

The factual presentation by the attorney for one side at the beginning of a trial of what will be proved during the trial. The defendant's attorney may delay the opening statement for the defense until the plaintiff's evidence has been introduced.

OSHA

The Occupational Safety and Health Administration, which serves as the enforcement agency of the United States Department of Labor for safety and health in the workplace environment. OSHA was created by the Occupational Safety and Health Act of 1970.

palliative

Of a treatment which serves to alleviate symptoms. Palliative therapy does not attempt to cure or alter the course of a disease, but improve the quality of life.

paralegal

A non-lawyer who performs routine tasks requiring some knowledge of the law and procedures and who is often employed by a law office to handle much of the pre-trial paperwork.

pathologist

A specialist physician expert in the origin and development of disease and the microscopic analysis of body tissues.

peer review

An examination and evaluation of the performance of a professional or technician by a board or committee made up of people in the same occupation.

perjury

An intentional lie given while under oath to tell the truth. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document known to contain false information.

plaintiff

The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s).

pneumoconiosis

Fibrosis and scarring of the lungs as a result of repeated inhalation of occupationally associated dust, such as silica, asbestos, and coal dust.

preponderance of the evidence

The greater weight of evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. In civil trials, evidence is required only by preponderance, not beyond a reasonable doubt. The side with the most persuasive or impressive evidence wins the case.

prognosis

a prediction of the probable course, outcome and likelihood of recovery from a disease

pulmonary function test (PFT)

An examination measuring an individual's lung capacity, speed of exhalation, and oxygenation after a period of exertion. This type of test in useful in the diagnosis of chronic obstructive pulmonary disease (COPD), occupational lung disease, emphysema, and asthma.

pulmonologist

A specialist physician expert in the treatment of lung disease.

rebuttal

Evidence introduced to counter, disprove or contradict the opposition's evidence or claim, or responsive legal argument.

respirator

A device to protect the wearer from inhalation of harmful contaminants, classified by the amount of face coverage it provides and its method of protection, e.g. a half-face, negative-pressure, air-purifying respirator; or a full-face, pressure demand, supplied air respirator.

sarcomatous:

of or pertaining to sarcoma; a malignant tumor originating in connective tissues.

screening

Testing for disease in people without symptoms.

Selikoff, Irving J.

The physician and scientist who led the worldwide struggle to prevent exposure to asbestos.

serpentine

One of the two major groups of minerals which form asbestos, distinguished by a tubular structure and chemical composition. Chrysotile, by far the most abundant variety of asbestos, is the only type of asbestos belonging to the serpentine group.

setoff

A claim by a defendant in a lawsuit that the plaintiff owes the defendant money which should therefore be subtracted from the amount of damages claimed by plaintiff.

settlement

The resolution of a lawsuit or legal dispute prior to a final court judgment. Most settlements are achieved by negotiation in which the attorneys and the parties agree to terms of settlement. In practice, most lawsuits result in settlement.

silicosis

A form of chronic lung disease which develops after prolonged exposure to silica (quartz) dust.

"sophisticated employer" defense

A common law defense in which a manufacturer of hazardous products attempts to claim that it should not be held liable for adverse effects to the plaintiff because it had adequately informed the plaintiff's employer of the hazards of its products. With this knowledge, the manufacturer claims, the "sophisticated employer" should have been expected to protect its employees from the effects of such hazards.

state of the art

Latest most effective and reliable, superseding earlier standards.

statute of limitations

A law which sets the maximum period after which the right to file a lawsuit expires, depending on the type of case or claim. In some instances a statute of limitations can be extended based on delay in discovery of injury.

strict liability

Automatic responsibility for damages due to ownership or use of equipment, materials or possessions which are inherently dangerous.

SV40

Simian Virus 40, a monkey virus that contaminated the polio vaccine administered to 98 million Americans from 1955 to 1963, and has been associated with a number of rare human cancers. One controversial theory links SV40 to mesothelioma.

TLV defense

Threshold Limit Values (TLVs) are much-criticized air contaminant standards for the workplace devised and published by a private organization called the American Conference of Governmental Industrial Hygienists (ACGIH) and adopted by the Occupational Safety and Health Administration (OSHA). The typical TLV defense, used as a shield from liability in personal injury lawsuits, quotes the ACGIH saying that TLVs are "thought to be safe for workers -- based on the best available information."

tremolite

A basic calcium, magnesium, iron silicate, one of six naturally occurring fibrous minerals forming the group called asbestos. Occurs as translucent bright- to gray-green tough interlocking fibers which are flexible and elastic. Tremolite has not been used commercially, although it is sometimes a contaminant in asbestos-containing products.

trial

The examination of facts and law presided over by a judge with authority to hear the matter. A trial begins with the calling of the parties to come and be heard and selection of a jury if one has been requested. Each party is entitled to an opening statement by his/her attorney, limited to an outline of what each side intends to prove (the defense may withhold the opening statement until it is ready to present evidence), followed by the presentation of evidence first by the plaintiff, followed by the defense evidence, and then by rebuttal evidence by the plaintiff to respond to the defense. Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers.

After the presentation of all evidence each attorney, plaintiff first, can make a final argument which may include opinion and comment on evidence and legal questions. If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case. Then the jury retires to the jury room, chooses a foreperson, decides the factual questions, and renders a verdict based on the law as given in the instructions by the judge. If there is no jury, the judge will determine legal issues and decide factual questions and render a judgment. Final verdict or judgment usually concludes the trial.

trimodality therapy

Therapy of malignant pleural mesothelioma involving extrapleural pneumonectomy (removal of the lung) followed by adjuvant chemotherapy and radiotherapy. Trimodality therapy appears to help prolong life, though initial surgery does carry significant risks.

verdict

The decision of a jury, which must be accepted by the trial judge to be final. A judgment by a judge sitting without a jury is not a verdict.

vermiculite

A lightweight and highly water-absorbent micaceous mineral that is sometimes used as a substitute for asbestos.

voir dire

The questioning of prospective jurors by a judge and attorneys in court to determine if there is cause not to allow a juror to serve; or questions asked to determine the competence of an alleged expert witness; or any hearing outside the presence of the jury held during trial.

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