Multiple myeloma is a kind of cancer that attacks the plasma cells of the individual who has been diagnosed with it. The plasma cells that it affects are a particular type of white blood cell that assists the body’s immune system by producing antibodies to fight off infections.
When a person develops multiple myeloma, however, these affected white blood cells start to collect in different places throughout the body; specifically, within a person’s bone marrow. This activity then intervenes with the production of healthy red and white blood cells. The reason as to why a person can recover damages for this type of blood cancer is because multiple myeloma is sometimes associated with various claims for toxic tort actions.
The primary symptoms of multiple myeloma tend to include elevated calcium levels in the blood (i.e., hypercalcemia) as well as bone lesions. Some other types of symptoms that persons who have multiple myeloma have been known to exhibit often include pneumonia, kidney failure, and frequent infections caused by a person’s inability to produce antibodies to fight off the infections.
In addition, some people feel dizzy, tired, and weak, which are all symptoms that are linked to the body’s neurological response system. It is important to note, however, that many of these symptoms are also found in other types of medical conditions.
As such, if you feel that you are suffering from any of these symptoms, the first person whom you should go to see is your primary care doctor who can recommend a cancer specialist. You should visit the specialist as well to confirm that you in fact have multiple myeloma. A specialist can help to determine whether you have multiple myeloma or not.
If not, your primary doctor or a specialist can provide a diagnosis for whatever medical condition that you do have (if any at all). Another reason why you should see a doctor is because you will need your medical records if you intend to sue a party whom you believe caused your multiple myeloma.
With these types of lawsuits, plaintiffs will often have to show their condition as well as will have to hire expert witnesses to prove that the defendant was the cause of their disease. Therefore, you will likely need to hire a local personal injury attorney to handle your case since it is not only difficult to prove that a defendant was the cause of multiple myeloma, but also to make sure that you have the right experts and evidence to support your claim.
In addition, a qualified personal injury attorney will be able to provide all of these legal services and will often already know which experts to reach out to obtain sufficient testimony that will support your case.
What Causes Multiple Myeloma?
As with nearly every type of cancer, there is no research on what specifically causes multiple myeloma to occur in the body. However, there are a number of factors that past studies have shown will likely increase a person’s risk of getting this kind of blood cell cancer. These factors also happen to be some of the ones that are often connected with liability in a multiple myeloma lawsuit.
For example, it has been suggested in various multiple myeloma lawsuits that individuals who are above 65 years of age and who have had family members that were infected with multiple myeloma in the past are potentially at an increased risk of developing this kind of cancer.
Another indicator that shows an increased risk of developing multiple myeloma is that persons who are diagnosed with this cancer have been exposed to environmental and conditional factors that are known to be toxic and cancer-inducing, such as benzene, the dioxins in Agent Orange, an ingredient found in a particular brand of weed killer, contaminated drinking water, nanoplastics in seafood, and various other widespread and persistent organic pollutants.
One other factor that has been traced back to causing or increasing the risk of developing multiple myeloma is a person’s background. For instance, research has shown that multiple myeloma tends to affect people who are of a certain ethnicity or race.
Can I Recover Damages for Multiple Myeloma Injuries?
It is certainly possible to recover damages for injuries stemming from a multiple myeloma diagnosis. Oftentimes, these lawsuits will come in the form of a class action that results in the defendant agreeing to settle out of court. In most instances, the plaintiff will either recover a damages award after prevailing at trial or they will become part of a certified class and receive a check during a multiple myeloma settlement action.
It is important to note, however, that a person will only be able to recover damages for injuries sustained from multiple myeloma if they can prove that the defendant was the one who caused those injuries to come about. The reason as to why a person can recover damages awards or multiple myeloma settlements in such cases is due to the fact that people who develop multiple myeloma injuries will often lose their ability to work and earn a living.
A person may also recover damages for multiple myeloma injuries that occur after the fact. For example, an individual with multiple myeloma may be able to bring a medical malpractice lawsuit against a doctor for failing to accurately diagnose the condition. This type of situation can occur when a primary doctor or a cancer specialist was careless or negligent in the manner in which they handled a patient.
Another legal claim that can be used as the basis of a medical malpractice lawsuit involving injuries from multiple myeloma include those caused by a surgeon who was negligent in performing an operation or providing other treatment to remove the cancerous cells from a patient.
Again, it is extremely difficult to show cause of multiple myeloma as well as to provide sufficient evidence for a case. Therefore, it is strongly recommended that a person who has been diagnosed with multiple myeloma speak to a local personal injury lawyer if they intend to bring a lawsuit against a party whom they believe caused them to suffer the harm.
Should I Hire a Lawyer for Help with Multiple Myeloma Legal Issues?
Individuals who believe they have been exposed to toxins that can be traced back to multiple myeloma should first contact a doctor and obtain a medical diagnosis before they take any next steps. Once it has been determined that a person has multiple myeloma, they may want to consider reaching out to a local class action lawyer if they believe that it was caused by someone or something that they were exposed to on a daily basis.
An experienced personal injury lawyer will be able to help you prove that your development of multiple myeloma was either caused or could have been prevented if the defendant had taken certain precautions. Being able to show cause is extremely important in multiple myeloma lawsuits since this is often very difficult to do. Your lawyer will also be able to help you file a claim against the defendant whom you think caused it in civil court.
In addition, your lawyer can perform a number of valuable legal services as well as can provide legal representation on your behalf during a lawsuit. Finally, if you have any questions or concerns about your multiple myeloma case or would prefer to settle than go to trial, your lawyer will be able to discuss all of this information with you as well.
Jose Rivera, J.D.
Managing Editor
Original Author
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: Oct 15, 2021