Mesothelioma Information Center

Asbestos HUB

2009-07-01T17:30:00.001-07:00

Asbestos HUB

Wisconsin Bill Could Limit Asbestos Lawsuits

Posted: 30 Jun 2009 06:47 PM PDT

There is a little-known provision sliding through the state budged in Wisconsin which some fear will stop recovery of damages for asbestos cancer.

The proposal, which has not had any public hearing, would limit plaintiffs' ability to sue companies that merged with smaller companies before 1972.

Supporters of the provision say it is narrowly written to wipe away liability for the Crown Cork and Seal Co. of Philadelphia, which has plants Wisconsin and which has paid out huge damages for buying a company that had previously made asbestos.

Opponents worry the bill could affect lawsuits against more companies than just Crown Cork.

In defense of the legislation, a Crown lobbyist insists the company has already passed similar legislation in 10 states but no company besides Crown has used the provisions to defend itself from lawsuits.

In 1963, Crown bought Mundet Cork Co., a company that had previously made asbestos, for $7 million, McIntosh said. Since then, the company has paid $500 million to asbestos victims.

The proposal is intended to protect companies such as Crown that merged with an asbestos maker by limiting their legal liability in asbestos cases to the present day value of the company that actually made the asbestos. In Crown's case, the present day value of Mundet would be about $60 million, meaning that Crown would no longer be liable in Wisconsin for any damages under the proposal.

Is that fair?

Asbestos HUB

2009-06-24T17:47:00.001-07:00

Asbestos HUB

Don’t Forget Asbestos Claimants in GM Bankruptcy

Posted: 24 Jun 2009 05:42 PM PDT

Asbestos claimants asked for an official committee in the General Motors bankruptcy case, saying the government’s plan to sell the automaker may be unconstitutional since they've been left out of negotiations.

The plan is to sell GM’s best assets to a new company. So where would that leave future asbestos claimants? Probably in the dust.

The sale of Chrysler to a new company owned 20 percent by Fiat SpA is being fought by a group of creditors including asbestos claimants. With good reason, apparently. GM’s liability for asbestos claims was $648 million in 2008 and $637 million in 2007, according to regulatory filings.

The U.S. Trustee appointed a committee of GM's unsecured creditors that included two people suing GM for asbestos exposure and product liability, lawyers said. Only two?

The automaker filed Chapter 11 on June 1, 2009 after failing to reorganize out of court. Under U.S. bankruptcy law, companies with asbestos-related liabilities can channel legal claims into a trust. Lawyers' bills and other costs of official committees in bankruptcy cases are typically paid by the company.

Town of Marshall, NC Cited For Asbestos Removal Violations

Posted: 23 Jun 2009 05:42 PM PDT

Sounds like the Town of Marshall, NC was trying to cut some corners and got busted. Now the NC Deptartment of Labor has cited the town of Marshall with some violations for improper removal of asbestos from the town hall.

According to a notification of penalty issued June 5, the town faces $1,750 in fines for failing to properly protect workers when they were tasked with removing tile that contained asbestos.

The citation came after an investigator with the N.C. Department of Labor's Occupational Safety and Health Division inspected the town hall, which was recently remodeled, to determine if asbestos had been improperly removed from the building as it was being renovated.

An architect who had previously volunteered to give advice for the renovations filed a complaint with OSHA, claiming the town may have improperly removed asbestos. The Town of Marshall might be reconsidering the idea of just how helpful the volunteer was.

In its report, the Department of Labor listed five violations in the town hall renovations, including unregulated work, and that an exposure assessment was not conducted by a competent person — well except for the volunteer architect, who turned out to be a little too competent — also that the town did not use engineering controls and work practices in accordance with law. Workers were apparently allowed to sweep or shovel asbesto — imagine the dust!! — and that the asbestos work was not supervised appropriately. Most importantly, the workers were not provided with respirators since the town didn’t even attempt to identify the presence, location and quantity of asbestos before beginning the work.

In North Carolina, the state requires asbestos-containing materials to be removed prior to any activity that will disturb the material. "Only North Carolina-accredited asbestos professionals can perform these activities," according to the N.C. Department of Health and Human Services.

Marshall Mayor Lawrence Ponder said Alderman Luther Nix was responsible for the renovation work. "We, the town, were told by Katherine Bond to avoid this problem by putting down commercial carpet and not ripping up the tile. But when Alderman Nix said we're not going to do that, we figured he knew what he was doing. He was fully responsible" for overseeing the renovations, Ponder said. Yes, point fingers and lay the blame somewhere else.

The mayor, who only votes in case of a tie on the board, said the town aldermen have been embroiled in numerous arguments for more than a year due to a 3-2 split on the board. "I've said time and time again, a house divided against itself cannot stand," he said.

Contacted Monday afternoon, Nix declined to speak on the record about the mayor's allegations. "What I do is for the people, and the town," he said.

The town has 15 days to respond to the citations.

Asbestos HUB

2009-06-22T17:46:00.001-07:00

Asbestos HUB

EPA To Clean Up Libby, Montana

Posted: 21 Jun 2009 05:35 PM PDT

In June 2009, the Environmental Protection Agency declared Libby, Montana a federal public health emergency, vowing to finally finish a cleanup that has languished for nearly a decade, pledging at least $125 million to speed the work of going door-to-door, raising tents over contaminated homes, removing contaminated soil and vacuuming out attics and any other surface once contaminated by miners returning from work.

The initiative has thus far been met with stoicism by local residents; many of whom have endured the presence of asbestos in their midst for as long as they can remember. For over 70 years, ore was brought to processing plants in Libby, where a smokestack released up to 24,000 pounds of dust a day. Waste from the asbestos mine, known as tailings, was used to line an elementary school skating rink and to build running tracks at local junior high and high schools.

In creating Zonolite insulation from vermiculite, W.R. Grace contanimated the town of Libby, causing hundreds to die. Libby, Montana and its population of 2,600 residents, suffers more than double the national average in its rate of death from asbestosis. Lung-cancer mortality is 30 percent higher than health officials would expect the town to experience.

In a recent trial, federal prosecutors detailed the extent of the health problems and the number of deaths blamed on asbestos from mine owner W.R. Grace & Co. and former executives. All were acquitted of knowingly allowing residents of Libby to be exposed to asbestos.

W.R. Grace insisted that after the mine was closed in the 1990’s, it acted responsibly to clean up the contamination, paying millions in medical bills for residents of Libby and Troy and agreed last year to pay $250 million to reimburse the EPA for cleanup efforts.

The EPA has already removed contaminants from more than 1,100 homes in Libby at a rate of abouto 150 properties per year.

Homeowners must agree to have their residence decontaminated, said Michael Cirian, who runs the local EPA office. The owners of some 800 homes have so far either refused the decontamination or couldn’t be located by EPA, he said.

When the EPA has permission to clean a home, they put a plastic tent over the building and workers in asbestos abatement uniforms with respirators vacuum dust from the attic and all the crevices. They also dig up the front and back yard to remove asbestos outside.

The Health and Human Services Department also said it would spend an additional $6 million on medical assistance for residents suffering from asbestos-related illnesses.

Money for medical care is key, said former mayor Tony Berget. Libby is a remote town, and many people haven’t had a lot of money for health problems, he said.

Asbestos HUB

2009-06-18T17:14:00.001-07:00

Asbestos HUB

Supreme Court Determines Future of Johns Mansville Asbestos Claims

Posted: 18 Jun 2009 04:22 PM PDT

In late June, 2008, the Supreme Court ruled in favor of Travelers Companies Inc, a U.S. property and casualty insurer, saying a lower court erred in overturning the approval of the company’s nearly $500 million settlement of asbestos-related litigation.

The settlement barred new lawsuits against Travelers as a result of insuring Johns Manville Corp, which mined and manufactured asbestos products. For almost 30 years, Travelers was the primary insurer for Manville and argued that asbestos claims should in future be paid out of an $80M trust created by Johns Manville and approved by a federal bankruptcy judge in 1986.

In return for reaching in excess of $500M in settlements with several plaintiffs for 2003 and 2004 cases, Travelers demanded that future lawsuits be barred.

A bankruptcy court judge and a federal judge in New York in 2006 approved the settlement. But a U.S. appeals court subsequently overturned the approval of the settlement on the grounds the bankruptcy judge lacked the authority to bar new lawsuits. So now the Supreme Court has spoken.

By a 7-2 vote, the Supreme Court reversed the appeals court’s ruling.

Justice David Souter wrote for the court majority that the bankruptcy judge’s orders barred state-law actions against Travelers based on allegations of its own wrongdoing while acting as Manville’s insurer or misuse of information obtained from Manville.

Souter said in the opinion that the finality of the 1986 orders generally stand in the way of challenging their enforceability.

Asbestos HUB

2009-06-08T18:09:00.001-07:00

Asbestos HUB

Japan Study Shows 1 in 8 Lung Cancer Cases Due to Asbestos

Posted: 08 Jun 2009 03:12 PM PDT

Pleural plaques, or a thickening of lung membranes due to asbestos exposure, were found in one in eight lung cancer patients in Osaka, Japan. The finding is documented in medical research papers jointly released by 12 medical institutions.

The research team said the number of people who died from asbestos-related lung cancer could amount to several thousand people per year since roughly 60,000 people die from lung cancer each year in Osaka.

In fiscal 2007, only 660 people were recognized as suffering from asbestos-related lung cancer and thus eligible for government aid, indicating that many lung cancer patients are excluded from the aid as the exposure has not been confirmed as the cause of their diseases.

Between 2006 and 2007, the 12 medical institutions examined 471 patients who were diagnosed with nonmetastatic lung cancer, looking for pleural plaques.

The research team discovered pleural plaques in 28 patients, or 5.9 percent, through chest x-rays, and in 58 patients, or 12.3 percent, through high-resolution computer tomography.

Asbestos HUB

2009-06-04T17:41:00.001-07:00

Asbestos HUB

Man Arrested for Gathering Asbestos Hazard Evidence

Posted: 04 Jun 2009 03:12 PM PDT

Eugene Roos, a potential whistle-blower who admits taking asbestos samples from a Long Island elementary school he claims is contaminated was arrested for trespassing on Thursday June 4, 2009.

He was released on $200 bail.

Roos took samples of asbestos insulation and shot video of school interiors, then gave them to a local cable news channel. School officials said collecting the asbestos could have released dangerous fibers.

Roos’ attorney says he is not guilty and was simply trying to document hazards.

The school board says because of the allegations, it will retest air quality in all 11 local schools in the district.

If convicted, Roos could face three months in jail.

Well if that’s not a deterrent for whistle-blowing, what is?

Asbestos HUB

2009-06-01T18:04:00.001-07:00

Asbestos HUB

The Lancet Oncology Reports Carcinogenicity of Asbestos

Posted: 31 May 2009 07:21 PM PDT

The May 2009 edition of The Lancet Oncology reports that in March, 2009, scientists from eight countries met at the International Agency for Research on Cancer (IARC) to reassess the carcinogenicity of metals, arsenic, dusts, and fibers classified as cancer-causing to humans.

Although asbestos has been banned or restricted in many places, its use is increasing in parts of Asia, South America, and the former Soviet Union. The continued use of asbestos in brake linings, and deterioration of asbestos products contributes to environmental exposure worldwide.

Epidemiological evidence has shown an association of all forms of asbestos with an increased risk of lung cancer and mesothelioma. Although the potency differences for different types of asbestos fibers are debated, the generally-agreed conclusion is that all forms of asbestos are carcinogenic to humans.

There is also evidence to show that asbestos causes cancer of the larynx and of the ovary.

The asbestos carcinogenicity assessments will be published as part C of Volume 100 of the IARC Monographs.

Asbestos HUB

2009-05-26T17:26:00.001-07:00

Asbestos HUB

DHHS To Provide $6M Grant For Libby Residents

Posted: 25 May 2009 05:10 PM PDT

Now that the jury has acquitted W.R. Grace & Company of charges of exposing residents in Libby to asbestos that killed hundreds, Sen. Max Baucus of Montana announced a $6 million grant from the Department of Health and Human Services to provide health care for residents suffering from asbestos-related diseases.

According to Baucus, the grant is a first for federal government money provided for medical care for people in Libby who fell ill after exposure to tremolite asbestos from W.R. Grace's vermiculite mine. The money also helps lay the groundwork for a future public health emergency declaration, Baucus said, which would authorize cleanup in Libby homes and require the federal government to provide screenings and health care for residents with asbestos-related sicknesses.

"You have no idea how important this is to me because I want to bring justice to the people of Libby," Baucus said. "This is huge; this is amazing. We've been fighting for this for so long."

Too bad the ineffectual federal prosecutors in the W.R. Grace case didn’t feel the same compunction.

W.R. Grace owned and operated a vermiculite asbestos mine in Libby for decades. But the mine also released tremolite asbestos which sickened people, even with no mining connections. Hundreds died and 2,000 more fell ill from asbestos-related complications.

Asbestos HUB

2009-05-17T18:17:00.001-07:00

Asbestos HUB

Canada Releases Chrysotile Asbestos Risk Report

Posted: 17 May 2009 07:07 AM PDT

The Annals of Occupational Hygiene has published a long-awaited report about a debate on the risks of chrysotile, initiated by Health Canada.

The report discusses two meta-analyses of asbestos epidemiological studies for which exposure–response relationships could be estimated, specifically for the risks of chrysotile asbestos mined in Canada. These were Hodgson and Darnton (2000) (here designated H&D) and Berman and Crump (B&C) and general conclusions are as follows:

(1) Chrysotile often occurs in association with tremolite, which is an amphibole and much more persistent in the lung, and it is reasonable to expect that presence of a small amount of tremolite may increase the apparent hazard of the 'chrysotile'. H&D did not try to discriminate chrysotile cohorts according to the amount of tremolite, so the risk assigned by H&D to chrysotile may include an unknown contribution from tremolite. B&C used available information on the percentage of tremolite present, which is often incomplete, to try to isolate and remove the effect of tremolite from that of chrysotile, so insofar as this was successful, B&C’s estimates are for pure chrysotile without tremolite.

(2) For each cohort, H&D derived an average exposure and an average disease risk and used the results from different cohorts to estimate overall dose–effect relationships. B&C used the disease and exposure information on different subcohorts within each study and estimated the exposure–risk relationship within each study. This meant that H&D could use studies for which there was only one average exposure given, and their single aggregate exposure estimate per cohort was less vulnerable to misclassification of individuals. On the other hand, B&C’s approach enabled them to more systematically adjust for different background lung cancer rates in the cohorts.

(3) In line with classic asbestos risk assessments, B&C assumed linear relationships between disease and exposure, even though they observed some non-linearity for both lung cancer and mesothelioma, but for mesothelioma they assumed that risk depended on the cube of the time since first exposure. In contrast, H&D estimated the best-fitting non-linear relationships. The main difference between the linear and non-linear models shows at low exposures, where there are few epidemiological data to distinguish between them and where the risks are low.

(4) H&D distinguished between pleural and peritoneal mesotheliomas. B&C pooled the two mesotheliomas as one disease.

(5) B&C’s estimates include the Charleston cohort (see below), but H&D’s figures in the table exclude it. They stated the Charleston estimates separately as 'exceptional' (unexplainably high) but possible.

Read the report.

Asbestos HUB

2009-05-13T18:53:00.001-07:00

Asbestos HUB

Asbestos Widow Wins and Loses Lawsuits

Posted: 13 May 2009 05:48 PM PDT

A Florida jury awarded Betty McBride of Lynn Haven $995,600 in damages and medical bills from her husband’s mesothelioma death in May 2009. So what’s the problem? The party they found most responsible was not a defendant in the lawsuit and the judgment is not binding.

Woodrow McBride filed a wrongful death lawsuit on Aug. 10, 2006, against Foster Wheeler, General Electric and other companies that had products in two plants that McBride worked in from 1968 to 1996. McBride was diagnosed with mesothelioma in September 2005, and died on Sept. 20, 2006, at the age of 67.

The jury decided there was no negligence on any of the companies’ parts, but Gulf Power and Foster Wheeler did have a product that was the cause of McBride’s mesothelioma. So they awarded Betty McBride $245,600 for her late husband’s medical bills. Then they awarded her $225,000 for past pain and suffering and $525,000 for future pain and suffering.

The problem is with allocation of blame. The jury found Gulf Power to be 60 percent liable and Foster Wheeler 25 percent liable. Each of the other companies was found to be 1 percent liable.

Gulf Power was never included in the lawsuit and the verdict was an example of an aspect of law called a “Fabre” decision. He said named plaintiffs are allowed by Florida law to name a “Fabre” defendant, who is not included in the lawsuit, as a way to shift blame away from themselves. “Fabre” defendants, however, are not responsible for damages awarded to a plaintiff, he said.

Gulf Power’s portion of the judgment would be $597,360, according to the verdict. Except they were never sued. So Betty McBride wins and loses.

Watch Tom Lamb report on the Asbestos News Minute.

Asbestos HUB

2009-05-12T18:32:00.001-07:00

Asbestos HUB

Things Are Looking Good at W.R. Grace

Posted: 12 May 2009 05:48 PM PDT

W.R. Grace was collectively found not guilty of conspiracy, violating the Clean Air Act and obstruction of justice in the contamination of the town of Libby, Montana. They can now exit from an eight year bankruptcy.

A conviction in the case would have meant more than $280 million in fines and restitution, and a delay in exit from bankruptcy. Not surprisingly, Grace stock went up 36 percent in New York Stock Exchange composite trading.

One former Libby resident reacted angrily to the verdict. Mike Crill, 54, yelled inside the courthouse, "What did they die for? Who's guilty for killing me? They're guilty of killing Mike Crill and his family and everybody."

Crill said his parents, uncle and father-in-law all died of asbestos-related diseases. Crill, who used to fill railroad boxcars with vermiculite at work, said he and his wife have both been diagnosed with scarring of the lungs.

Grace filed bankruptcy in 2001 in U.S. Bankruptcy Court in Wilmington, Delaware, seeking protection from more than 100,000 claims for damages related to asbestosis, most of them unrelated to Libby.

Prosecutors alleged that the company and seven former executives conspired for decades to expose Libby residents to asbestos-contaminated vermiculite.

Asbestos-related diseases, including asbestosis and and mesothelioma, have killed more than 200 people in the Libby area and sickened more than 1,200. Libby residents die from asbestosis at a rate 40 to 80 times normal, the government said.

During the trial, Judge Molloy frequently criticized the prosecution's case outside the presence of the jury, and limited the evidence the government was permitted to present. Several of his pretrial rulings were reversed by the U.S. Court of Appeals in San Francisco before the start of the trial. Despite the roadblocks, W.R. Grace prevailed.

Asbestos HUB

2009-05-11T17:56:00.001-07:00

Asbestos HUB

W.R. Grace Trial Twist

Posted: 10 May 2009 07:23 PM PDT

W.R. Grace & Co. and three former executives were acquitted on charges that they knowingly let residents of Libby, Montana be exposed to asbestos mined there.

During the course of the trial, which began in February, charges against two additional former executives were dropped.

The company filed for bankruptcy in 2001 after a slew of lawsuits by people who fell ill after being exposed to asbestos mined at the W.R. Grace facility in Libby, Montana.

The company has filed plans to emerge from bankruptcy protection later this year.

The government had said Libby residents die from asbestosis, an asbestos-related disease, at 40 to 80 times the normal rate.

So it appears to be business as usual for W.R. Grace.

Asbestos HUB

2009-05-06T19:24:00.001-07:00

Asbestos HUB

The Trial in Libby Goes On

Posted: 05 May 2009 08:59 PM PDT

The New York Times reported in late April 2009 that despite "the failings" of federal prosecutors, he would not dismiss criminal charges against the big chemical products company, W.R. Grace, over the asbestos poisoning of the small town of Libby, Mont.

Judge Donald W. Molloy also said he would not throw out the testimony of the prosecution's star witness, Robert H. Locke, a former company executive who has apparently lied on the witness stand.

The judge dismissed all charges against one of the executives, leaving four to be tried.

Lawyers for Grace had demanded that all charges to be thrown out, accusing prosecutors of repeatedly violating court orders to turn over evidence.

The prosecutors stood before an angry Judge Molloy, and said they were sorry.

"The truth of the matter is that we just dropped the ball," said Tim Racicot, an assistant United States attorney.

Judge Molloy seemed to think so, responding with barbs about their judgment, ethics and tactics.
Judge Molloy said that he believed almost nothing Mr. Locke had told the jury, and that he also doubted the good faith of the prosecutors, whose members sat stone-faced before him.

"There's a failure in the process here," Judge Molloy said, addressing one of the prosecutors. "The question is, What do I do about it? I don't know what the remedy is here; you tell me."

The case is about what Grace executives knew from at least the 1970s about asbestos poisoning workers and residents. The company's lawyers have argued that the government knew of the concerns, too, and did nothing. We knew and did nothing but you knew and did nothing too so it’s ok?

The major question has been whether company studies about dust and asbestos constituted an effort to conceal the dangers, as prosecutors argued, or a good-faith effort to protect workers from those dangers, as the company contends.

As evidenced by the large cemetary, several hundred people in Libby have died from asbestos-related diseases, and many more have been sickened.

The former Grace executives who are charged, all now retired, face up to 15 years in prison if convicted of the most serious charges.

Read the full story.

Asbestos HUB

2009-05-04T18:37:00.001-07:00

Asbestos HUB

Highest Rate of Mesothelioma Deaths Happening in Maine

Posted: 03 May 2009 06:59 PM PDT

The Maine Public Broadcasting Network is reporting that the highest death rate from the disease per capita than anywhere else in the country.

“We noticed that death rate in Maine is 27.5 per million population — the highest rate in the United States,” says Ki Moon Bang, the senior epidemologist at the National Institute for Occupational Safety and Health, which studied mesothelioma mortality rates from 1999 to 2005.

There are apparently naturally-occurring asbestos deposits where Maine borders New Brunswick and Quebec. As we know, there is still an active asbestos mine in Quebec.

The culprit is likely because Maine’s biggest employers in the past used asbestos, such as paper companies, chemical companies, and the shipyard industry.

By the time patients are diagnosed, they are usually given five to 16 months to live, seldom with any hope for a cure.

Read or listen to the broadcast.

Asbestos HUB

2009-05-01T18:39:00.001-07:00

Asbestos HUB

CDC Chart Showing Where the Asbestos Deaths Are Happening

Posted: 01 May 2009 09:26 AM PDT

Hopefully not happening in a state near you…..

The CDC has released a report on malignant mesothelioma mortality from 1999 to 2005, along with a US map showing mesothelioma deaths by state.

What? I want to see this.

Asbestos HUB

2009-04-30T17:50:00.001-07:00

Asbestos HUB

Mesothelioma Deaths To Peak in 2010

Posted: 30 Apr 2009 09:20 AM PDT

According a report from the CDC, deaths from malignant mesothelioma are expected to peak in 2010.

The number of malignant mesothelioma deaths increased from 2,482 in 1999 to 2,704 in 2005, Ki Moon Bang, Ph.D., of the National Institute for Occupational Safety and Health (NIOSH), and colleagues reported in the April 24 issue of Morbidity and Mortality Weekly Report.

“Because mesothelioma manifests 20 to 40 years after first exposure, the number of mesothelioma deaths will likely peak by 2010,” the authors wrote.

Although the health threat posed by asbestos has decreased, it has not disappeared.

In 1975 the Environmental Protection Agency banned the use of asbestos in most types of residential and commercial insulation materials. In 1989 the EPA attempted to implement a total ban on the use of asbestos. The ban was overturned on appeal in federal court in 1991.

Mesothelioma mortality is not expected to return to background levels for another 50 years.

Watch Tom Lamb Report on the Asbestos News Minute.

Asbestos HUB

2009-04-28T17:51:00.001-07:00

Asbestos HUB

New Health Canada Report: Wall of Shame

Posted: 28 Apr 2009 09:03 AM PDT

Canada, in case you didn’t know, mines and exports chrysotile asbestos around the world, all the while insisting it is safe.

A new Health Canada report documents the “strong relationship” between lung cancer and exposure to chrysotile asbestos. So now what?

Canada has thus far protected its asbestos industry, which supports about 550 jobs in Quebec.

A number of experts behind the Health Canada report criticized the “safe-use” idea. Also suggesting that Canada’s practice of exporting asbestos to a poor country like India, hoping they will find a way to use it more safely than it has been used in the wealthy West, is irresponsible.

In 2006, Canada took a posse to the Rotterdam Convention and successfully blocked the naming of chrysotile asbestos as a hazardous chemical. Had it been named a hazardous chemical, Canada would have been required to provide information to importing countries about the dangers.

And then there is the Canadian Government’s own report on the safety of chrysotile asbestos which took forever (okay a year) to be released. And no wonder. It’s a wee bit unfavorable. The British chair of the panel that wrote the report had previously accused the Canadian government of “misusing science” and, in failing to make the report public, of practicing “needless government secrecy.”

Since the report was only just recently released, it remains to be seen what the future holds for the asbestos mine in Quebec.

Asbestos HUB

2009-04-26T18:32:00.001-07:00

Asbestos HUB

UK Teacher Gets Cancer From Asbestos In School

Posted: 26 Apr 2009 09:03 AM PDT

Ok so it’s a UK headline, but horrifying nonetheless. A teacher, not an asbestos worker or family member, or anyone else you’d expect to get mesothelioma.

After being exposed for 30 years to asbestos in schools, Carole Hagedorn was diagnosed in June of last year. At age 58, the secondary school languages teacher has had to retire due to ill-health. The cancer is virtually untreatable.

She wants teachers to campaign for the removal of asbestos from schools. It should be everyone, not just teachers. What about the kids?

“Why should a teacher expect to get an industrial disease?” she said. “The pain can be worse than lung cancer. It’s too late for me, but it’s not too late to get rid of asbestos.”

A UK government school refurbishment and rebuilding programme – Building Schools for the Future (BSF) – was leaving asbestos in schools that did not require a complete rebuild. She told teachers that schools were being fitted with the latest technology, but asbestos was being left in ceilings.

“There’s lots of talk about the technological innovations that can be brought into schools, but surely the government’s basic function is to protect the lives of its citizens.”

In the last 25 years, at least 178 teachers have died from mesothelioma.

Hank Roberts, a former teacher from Brent, London, said some schools had been built to have a lifespan of 20 years.

“Thirty or 40 years on, these buildings are in decay. They are leaking and crumbling, but we, the teachers and our children, carry on working in them – day in, day out.”

The Health and Safety Executive says it is safer to leave undisturbed or undamaged asbestos in place and carefully manage it, rather than risk damaging it by removal. Not in Ms. Hagedorn’s case apparently.

Asbestos HUB

2009-04-23T18:13:00.001-07:00

Asbestos HUB

Asbestos in the United Nations

Posted: 23 Apr 2009 02:59 PM PDT

So now apparently the U.N. Headquarters is about to undergo renovations and the people are worried about security risks and……you guessed it. Asbestos exposure.

The renovation is expected to take years and in the meantime, U.N. employees, contractors and media will be moved to temporary office spaces inside or near the U.N. complex.

Stephen Kisambira, president of the United Nations staff union, held a rare news conference at U.N. headquarters to voice staff concerns about the so-called Capital Master Plan.

“Asbestos abatement is a serious issue,” he told reporters. “The risk is there … They are saying that nothing can go wrong. How can they be sure?”

Indeed. How can they be sure? And now that asbestos is being identified as a danger and removed from more prominent public buildings, perhaps it will get the attention and caution it deserves.

One of the problems, says Kisambira, is that contractors removing the asbestos cannot be sued because the United Nations is technically not U.S. territory. Because of the lack of liability, he said, many staff are worried that the contractors will be less careful than usual.

Kisambira said that New York City authorities took air samples in the building several years ago. And guess what? Their were never released.

Interestingly, there have been no threat or risk assessments conducted for most of the U.N. structures, including the temporary ones where workers will be housed for several years, though requests have been made and ignored.

Asbestos HUB

2009-04-21T19:14:00.001-07:00

Asbestos HUB

W.R. Grace Criminal Trial Update April 2009

Posted: 21 Apr 2009 03:52 PM PDT

Kathleen Kennedy, a former epidemiologist for the National Institute of Occupational Safety and Health (NIOSH), testified during the W.R. Grace trial on April 14, 2009, that W.R. Grace stymied government efforts to study the health effects of Libby vermiculite.

When workers at a plant in South Carolina were diagnosed with "bloody pleural effusions" in their lungs, and it was determined that those workers had been exposed to Libby vermiculite, an investigation was launched.

"The primary purpose was to find out if there was a health hazard caused by the exposure to vermiculite so that workers could be protected if that was the case," Kennedy said.

When Kennedy and her research team contacted Grace, however, they were met with resistance from top officials, she said.

"They told us that they did not want us to do it," she said. "They did not give us any documents."

To make things even more interesting, defense lawyers representing W.R. Grace & Co. claim perjury by a government witness and prosecutors' failure to turn over favorable evidence "irreparably tainted" the biggest environmental criminal trial in U.S. history, saying said government misconduct made it impossible for Grace and five former executives charged in the asbestos contamination of Libby, Montana, to get a fair trial.

That evidence appears to be in the form of one Robert Locke, a former Grace executive who leaped the fence and is now a key prosecution witness. Defense lawyers asked U.S. District Judge Donald Molloy in Missoula, Montana, to throw out the testimony of Robert Locke.

The defendants, all former executives at W.R. Grace, are charged with conspiring to expose Libby residents to asbestos-contaminated vermiculite, a mineral mined in Libby, and used in insulation and gardening, and to obstruct government investigators. All have pleaded not guilty.

The defense claims prosecutors had an improperly close relationship with Locke and other witnesses and that Locke's three days of trial testimony last month should be stricken from the record.

Read the full story on how Grace officials stymied efforts to study vermiculite’s effects.

Read more complaining by W.R. Grace defense counsel. Hey, they’ve got to try, right?

Watch Tom Lamb report on Asbestos News Minute.

Asbestos HUB

2009-04-19T17:09:00.001-07:00

Asbestos HUB

Erionite Linked to Mesothelioma

Posted: 19 Apr 2009 03:47 PM PDT

Scientists want to study the health effects of a mineral used widely in western North Dakota which has been linked to cancer; however volunteers are scarce.

The culprit is erionite. It can collect in the lungs of people who breathe it, much like asbestos fibers, which are also slivers of rock.

Erionite is mined in Killdeer Mountains, and erionite gravel covers many of the roads.

State health officials and the EPA are looking for about 50 test subjects to get chest X-rays and CT scans that will be sent to researchers at the University of Cincinnati. Volunteers will be paid $100 each.

Fewer than 10 people have signed up.

Eric Kehr, owner of the Buckskin Bar & Grill in Killdeer, predicts the government will have a tough time finding enough volunteers.

“Maybe we’d rather not know we have cancer, and if we stick our head in the sand maybe it will go away,” he said. “What can anybody do about it anyway? There is no way to blacktop all these gravel roads, so practically speaking, it’s an unsolvable problem.”

State geologist Ed Murphy notified the EPA of the erionite in the region about three years ago, after he found that in Turkey, the mineral was linked to mesothelioma, though the erionite found in North Dakota is more calcium-based than that found in Turkey, which is sodium-based.

The EPA says erionite is found in at least a dozen states in the West, but not at the levels in western North Dakota, where it’s used on many roads. The EPA says U.S. studies also have shown that erionite causes cancer in lab rats, though the mineral is not regulated by the agency.

State Rep. Shirley Meyer of Dickinson believes the fears over erionite are overblown.

“I grew up playing in that gravel pit, and if there is anyone that has been exposed to it, it would certainly be me,” said Meyer, who nevertheless said she would sign up for the study and encourage residents to do the same.

Read the AP article, and if you live in the area, volunteer.

Asbestos HUB

2009-04-16T17:18:00.001-07:00

Asbestos HUB

Washing Asbestos-Covered Clothes Kills Australian Woman

Posted: 15 Apr 2009 07:07 PM PDT

After shaking off the asbestos and washing her husband’s and father’s clothes for 20 years, Margaret Dawson of Sydney, Australia, died from asbestos disease at age 64.

Mrs. Dawson’s father Gilbert Batchelor and her husband Maurice Dawson were both employees of building material producer James Hardie.

When Mrs. Dawson was diagnosed with mesothelioma in May 2007, she launched legal action against James Hardie through the Dust Diseases Tribunal.

In a landmark case that paves the way for other Hardie victims to seek compensation, the tribunal not only paid her almost $350,000 in personal compensation but another $193,000 in unpaid earning for looking after her two grandchildren.

Sadly, Mrs Dawson lost her fight for life against mesothelioma eight months before the case was settled. Her family described the 18-month battle against James Hardie as “disgusting” - the company appealed to the Supreme Court before finally losing the case late March 2009.

James Hardie vice-president of investor and media relations Sean O’Sullivan refused to comment on the case.

He said it was a matter for the Asbestos Injuries Compensation Fund. The fund was set up by the company 2001 in an attempt to avoid their obligations to asbestos victims.

The family’s solicitor Ann-Maree Pascoli from Turner Freeman said Mrs. showed amazing courage despite a “relentless” fight from James Hardie.

“Margaret was extraordinary. She was determined to fight the matter,” she said.

Unfortunately, Mrs. Dawson’s plight is not unusual and we may unfortunately see more second-hand asbestos exposure claims arising from the wives of asbestos workers.

Asbestos HUB

2009-04-12T17:58:00.001-07:00

Asbestos HUB

Have Some Asbestos With Your Aspirin

Posted: 12 Apr 2009 05:28 PM PDT

So asbestos is everywhere. And now JoongAng Daily, a Korean news website reports that in addition to baby powders and cosmetics that have been found to contain talc contaminated with asbestos, drugs too may carry asbestos.

Pharmaceutical companies whose names have not been released have voluntarily halted sales of seven drugs, including antibiotics, antacids and hemostatic powder — all containing talc that is suspected to be contaminated with asbestos. The list of companies includes the pharmaceutical arm of a Korean conglomerate and a leading pharmaceutical firm.

The Korea Food and Drug Administration under the Health Ministry announced that it will hold a meeting with several groups to discuss the issue.

The total of estimated contaminated drugs is around 320.

Read the article.

Asbestos HUB

2009-04-09T17:09:00.001-07:00

Asbestos HUB

CDC Report in JAMA: Years of Potential Life Lost Before Age 65 Years

Posted: 08 Apr 2009 07:17 PM PDT

Exposure to asbestos fibers can cause asbestosis and other diseases after a latency of 10-40 years from initial exposure to onset of illness. Asbestos still is used in the United States in certain products manufactured domestically.

In addition, an undocumented amount of asbestos continues to be imported in products manufactured elsewhere and a substantial amount of asbestos remains in existing buildings and manufactured products. An estimated 1.3 million construction and general industry workers in the United States potentially are exposed to asbestos each year, mainly from manipulation of asbestos during renovation or demolition activities.

The CDC report describes the results of an analysis that indicated annual years of potential life lost before age 65 years attributed to asbestosis increased 64%, from an average of 146.0 per year during 1968-1972 to 239.6 per year during 2001-2005.

Read the Report at the Journal of the American Medical Association.

Asbestos HUB

2009-04-07T17:29:00.001-07:00

Asbestos HUB

What To Expect in US Asbestos Litigation in 2009

Posted: 06 Apr 2009 07:07 PM PDT

Watch Tom Lamb’s Asbestos News Minute.

Watch for commentary of current asbestos litigation statistics including the number of asbestos cases filed in 2008, how many went to trial with a jury verdict, and average payments.

Asbestos HUB

2009-04-06T17:33:00.001-07:00

Asbestos HUB

Asbestos In The American History Museum

Posted: 05 Apr 2009 07:07 PM PDT

Contractors working on renovation of the National Museum of American History in 2007 failed to take precautions while removing insulation, according to members of a steamfitters union local.

A Smithsonian spokeswoman said they immediately corrected procedures and turned off fans. The museum was closed to the public at the time during a two-year renovation, but the full-time staff of curators and employees continued to work in the building.

Last month, The Washington Post reported that officials at another Smithsonian museum, National Air and Space, knew for 17 years about asbestos in the compound covering wall joints but did not tell the workers.

The American History Museum was constructed from 1958 to 1964, before government restrictions on asbestos. A survey conducted by a Smithsonian consultant in 1989 found asbestos in the building, and removal began during renovations. During the renovation from 2006 to 2008, additional asbestos was discovered by workers.

Read the story at The Washington Post.

Watch Tom Lamb’s commentary on Asbestos News Minute.

Asbestos HUB

2009-04-01T17:38:00.001-07:00

Asbestos HUB

New X-Ray Technology to Aid in Asbestos Disease Diagnosis

Posted: 31 Mar 2009 06:07 PM PDT

Some interesting stuff coming out of the Asbestos Disease Awareness Conference held in California over the weekend (end of March 2009).

Fox News reports that Michael Harbut, M.D., MPH, co-director of the National Center for Vermiculite and Asbestos-Related Cancers announced the use of a new technology to aid in the diagnosis of asbestos-related lung disease.

“Radiographic approaches developed by Carmen Endress, M.D., FACR, Associate Professor of Radiology, Wayne State University School of Medicine and radiologist at the NCVAC, allow us to visualize lesions caused by asbestos exposure in three dimensional detail and often at a much earlier stage than that of the current standard radiographic techniques,” said Harbut.

The new technology will enable earlier detection, and a better way to identify differentiation between patients with scarring on the lungs and other diseases.

According to Harbut, the early detection can have a significant public-health impact.

“If we can identify the ’sentinel’ or first cases of asbestosis or lung cancer at an early stage, then we can help identify asbestos exposures in places where it might not have previously been suspected. Such identification of early detection could help to reduce the death rate from asbestos-related diseases.”

The use of this technology in the diagnosis and treatment of asbestos-related cancers and high-malignancy potential asbestos-related diseases represents another first for Karmanos Cancer Institute scientists and physicians.

Read more about the Karmanos Cancer Institute and the new technology on Fox News.com.

Asbestos HUB

2009-03-29T09:40:00.001-07:00

Asbestos HUB

Air and Space Museum Employee’s Asbestosis Claim Denied

Posted: 29 Mar 2009 09:24 AM PDT

House Administration Committee Chairman Robert A. Brady (D-Pa.) said he would hold a hearing to investigate health-and-safety allegations regarding the handling of asbestos at the Smithsonian Institution.

The hearing is to investigate “dangerous workplace conditions” at the Smithsonian after The Washington Post’s article about a worker who contends that his work on asbestos-containing walls at the National Air and Space Museum made him sick.

Museum lighting specialist Richard Pullman, 53, filed a federal whistleblower claim with the Office of Special Counsel in March 2009 alleging that the institution retaliated by demoting him for reporting workplace-safety violations. The Smithsonian denies retaliating.

Spokeswoman Linda St. Thomas said that the museum is safe for visitors and that tests show there is nothing harmful in the air. “Visitors are not allowed to walk into construction areas — of [Air and Space] or any other museum — and therefore they cannot be exposed to any potentially hazardous fibers,” she said in an e-mail.

Pullman’s diagnosis is of asbestosis, though his workers’ compensation claim was denied, and he is appealing.

Pullman has worked at the Air and Space Museu for 27 years and learned only a year ago that the compound used to join walls at the Air and Space museum contained asbestos.

Brady, who leads the committee that oversees the Smithsonian, criticized museum officials who acknowledged to The Post that notification regarding asbestos had not been passed to workers after a consultant’s finding in 1992 that the walls contained asbestos.

What? Why?

“I am extremely concerned over allegations that the health and safety of Smithsonian visitors and workers have been compromised by a lack of communication and inadequate protection,” Brady said. “The rationale that staff and organizational changes have prevented effective action is unacceptable.”

Well was anyone assigned to ensure that proper notification took place and why wasn’t it brought up again? 1992 isn’t that long ago.

Pullman’s attorney David J. Marshall wrote in a letter to the office, “The museum attempted to clean up the potential asbestos release but its efforts were most likely not adequate because NASM management insisted that cleanup work be completed before the Museum opened at 10 a.m.”

Geez, close the museum and clean it up.

Another recent whistleblower case involved the Air and Space Museum. The U.S. Merit Systems Protection Board in 2007 ordered the Smithsonian to reinstate museum specialist Michael Cross, who alleged he was fired in retaliation for reporting that ranking officials of the aviation museum had used the institution’s world-class aeronautical restoration facility in Maryland for personal projects. The case is now in U.S. District Court, and Cross left the museum earlier this year.

Sounds like some additional oversight is needed to oversee the overseers.

Read Washington Post coverage.

Diary of a Mesothelioma Victim

Posted: 28 Mar 2009 01:42 PM PDT

Parts of a diary kept by a UK man as his life drew to a close while he suffered from mesothelioma was posted on the Daily Mirror website.

Ken Sunderland passed away in late March 2009 but his daughter released the diary in hopes it would help others understand the disease and what it does to the body.

In April 2006 I had a wonderful Golfing holiday in Florida with a bunch of blokes calling themselves, ‘The Friendship Golfing Society’. The last night was finished off in grand style at the Spanish Wells Golf and Country Club with US versus UK Karaoke fuelled by enormous G & T’s. I think we won but can’t be sure. I know we lost the golf match. The next morning I did not feel great and put it partly down to the excesses of the previous night but felt that it was a little more than that. I was a bit tight in the chest and suspected an infection setting in… My symptoms persisted and I eventually consulted my GP and complained of chest discomfort and wheezing. He asked if I had ever been exposed to asbestos and I replied oooyezzz sounding like Churchill the insurance dog. From 1959 when I was 17 years old for a period of 15 years I had worked in the shipbuilding industry as a draughtsman and engineer… I never worked directly with asbestos but at the end of the day it was usual to hose down boiler suits with compressed air to get rid of the excess.

Of course no one was made aware of any dangers and the asbestos was applied and handled in a cavalier manner without thought of precaution.

My Doctor said that whilst cases of mesothelioma were rare they were becoming increasingly common and it would be best to rule it out. I was duly despatched for a chest X-Ray at Alnwick Infirmary on 15th May 2006 and the results were available within a week and revealed a small pleural effusion on the left side… I became increasingly breathless and developed constant aching in my chest and began to feel quite ill… In A &E I was examined promptly, wired up like Frankenstein’s monster and given the full range of tests and checks considered desirable. This included a needle aspiration of fluid from the pleural cavity.

Mr. Sunderland goes into more detail as the disease progresses and the treatments become painful.

During my stay I underwent a blind needle biopsy procedure on the ward. This involved pushing a screw-ended needle in to my back which was then twisted in to the pleura and then withdrawn, removing a core sample…

As his condition deteriorated, Mr. Sunderland underwent surgery and chemotherapy.

I experienced the usual symptoms of chemotherapy including nausea and tiredness and minor hair loss (not on my head), but still well enough to function fairly normally, playing the occasional game of bowls and golf every week. One of the most troublesome symptoms, though, was night-time sweats where my pillows, bedding and pyjamas would be absolutely soaked. I took to wrapping tea towels and towels around my neck on retiring to bed to help soak up the sweat. This continued right throughout the 18 weeks of chemotherapy and beyond. I dutifully filled in my daughter’s - “Ken’s How Am I Feeling Today Record” - on pain of death, giving scores from 1 to 10 against many different categories.

I got in to a routine of CT scans performed at 6-week intervals, and eventually finished the chemo cycle number 6 on the 23rd November. I noted that my tolerance to the chemo was being further tested at every session and on the last one, they reduced the Cisplatin dose because of my symptoms and I was extremely tired for a full week after the last session. At one point I was given a blood transfusion because of anaemia in September. I don’t recall being warned of the possibility or indeed of the existence of, peripheral neuropathy until I was told that the tingling in my hands, but particularly my feet, was due to this condition, which in turn was due to the chemotherapy. The problem in my hands was, and remained, very minor. The problem in my feet grew increasingly worse with a numbness which has continued to this day. In response to my questions at the time on this neuropathy I was told that it was unpredictable but likely to last up to 18 months before recovering - however it ultimately went on much longer than this.

Mr. Sunderland was going to enter a trial being conducted in Germany but did not make it until the end.

Around this time, information surfaced regarding a trial being carried out in Germany in the Frankfurt University Hospital. This was a process of chemotherapy called chemo-embolization whereby chemotherapy is administered directly in to the tumour via the arterial system. Research showed some very positive results and I made contact with a Plymouth patient who had been on the trial programme for less than a year and her tumour had showed over a 50% reduction (now 73%) and she had been told that it was dead and unlikely to revive.

I contacted the programme Director, Prof Vogl, and sent him a copy of my latest CT scan. His response was positive in that he said he thought he would be able to help me. I duly made arrangements to travel to Frankfurt and had a first session on 3rd February 2009. This was all done in a one day visit and involved a high resolution MRI scan, a CT scan and the embolization procedure, and from entering the hospital at 11am, I was in a recovery ward shortly after 2pm. The procedure was painless and the side effects limited to tiredness and the usual constipation following chemotherapy.
Prof. Vogl advised me that I would need 3 sessions at three week intervals and I made a further appointment for 6th March.

On 12th February I was put on a course of diuretics by the NCCT trials unit to combat the potential ascites and arrangements were put in place to have an ultrasound scan to assess the extent of this condition. Within the next two weeks, I met with a palliative care specialist and arrangements were made to add further diuretics to those already prescribed. I made contact with the specialist through the suggestion of my GP to discuss my case with him and to establish his thoughts as to the options that might be open to me in view of the disease progression. It must be understood that I am extremely anxious to avoid hospital admission if at all possible, particularly in view of the earlier experiences described.

Unfortunately due to a communication breakdown between hospital staff, the ultrasound scan was arranged during a planned trip to Portugal and it was subsequently postponed until our return on 3rd March… Unfortunately I found myself insufficiently well to keep the 2nd appointment in Frankfurt on the 6th March. In an email from Prof Vogl when advised of this situation advised me by email that he thought I would be better soon and to “keep my ears up”.

There is more but the diary unexpectedly ends. Rest in peace Kenneth Sunderland.

Read the whole thing.

Asbestos HUB

2009-03-26T17:22:00.001-07:00

Asbestos HUB

UK’s Daily Mirror Posts Turner & Newall Wall of Shame

Posted: 26 Mar 2009 08:56 AM PDT

Director Robert H Turner wrote in 1937: “All asbestos fibre dust is a danger to lungs.

If we can produce evidence from this country that the industry is not responsible for any asbestosis claims, we may be able to avoid tiresome regulations and the introduction of dangerous occupational talk.”

Tiresome regulations, eh?

Turner & Newall was founded in 1871 in Rochedale, UK, under the name Turner Brothers to manufacture cloth packaging. By World War I, it had built an asbestos plant at Trafford Park to make Trafford Tile asbestos cement sheets. By the 1920’s it was Turner & Newall and had opened asbestos mines in South Africa. After World War II the company again diversified into automotive industry components.

From 1939 until 2001, the company operated an asbestos mine at Havelock in Bulembu in the Kingdom of Swaziland, Southern Africa. Former employees have experienced asbestos diseases because they lacked safety-wear to protect them from the hazardous material. The miners of Havelock failed in their efforts to bring a legal action in Britain against the company. The attitude of management, the absence of trade unions or an effective regulatory authority meant that work conditions at Havelock were harsh.

May Charlson was a poster girl for asbestos. As a 16-year-old she worked for Turner & Newall in Rochdale, Lancashire, weaving asbsetos fibers brought from the company’s mines in South Africa and Zimbabwe, into heat resistant cloth.

Nearly 50 years on, as anyone could predict, she was diagnosed with mesothelioma, and died in 2002 at age 64. She was arguably one of the lucky ones since her illness only lasted nine weeks. Mesothelioma is a horrible way to die.

In 1924, Turner & Newall employee Nellie Kershaw became the first official victim of asbestosis.

The firm refused to accept responsibility for her death, saying it would “create a precedent”. Neither Nellie nor her family got a penny.

The 1931 Asbestos Industry Regulations were supposed to limit asbestos exposure but the rules only applied to workers doing certain jobs, such as spinning and weaving asbestos fiber, and less than one quarter of Turner & Newall’s workforce was covered.

Asbestos factory bosses successfully fought against extending the regulations to their cleaners and drivers and, crucially, the tradesmen and women who used asbestos outside the factory gates.

That decision was to cost tens of thousands of lives. Turner & Newall knew the risks all along.

The link between asbestos and cancer was finally proved in the 50s.

Turner & Newall invited Richard Doll of the London School of Hygiene and Tropical Medicine to study their workers - then tried to ban his report when he found their staff were 10 times more at risk of lung cancer.

A letter to Turner & Newall’s directors from their lawyers in 1964 revealed that:

“We have over the years been able to talk our way out of claims or compromise for comparatively small amounts, but we have always recognised that at some stage solicitors of experience would, with the advance in medical knowledge and the development of the law, recognise there is no real defence to these claims and take us to trial.”

But rather than admit defeat, Turner & Newall fought on.

Asbestos regulations were tightened again in 1968 but Turner & Newall safety standards remained lacking. Pictures of workers in 1970 showed them wearing no head gear or masks.

But in 1982, Turner & Newall had a £30million loss, with the costs of compensation payouts topping £6million.

Turner & Newall’s compensation payouts rose to tens of millions of pounds a year and then to hundreds of millions. In 1997 it was sold off to Federal-Mogul Corpration, a US company, which, predictably, moved to protect itself against bankruptcy and just emerged in 2007.

It’s too bad executives at Turner & Newall don’t face the same criminal charges as executives of W.R. Grace for deliberately choosing to withhold safety precautions and kill people. Somehow the ignominious end to the company isn’t enough.

Read the entire story at the Daily Mirror.

Asbestos HUB

2009-03-25T17:30:00.001-07:00

Asbestos HUB

Andrew Schneider to Speak at Asbestos Awareness Conference March 28, 2009

Posted: 25 Mar 2009 08:13 AM PDT

Award winning journalist Andrew Schneider, known for his thorough investigative reporting, was announced as the keynote speaker at the Asbestos Disease Awareness Organization's (ADAO) Fifth Annual International Asbestos Conference to be held on March 28, 2009 in Manhattan Beach, California.

Schneider has years of experience reporting on public health, safety and environmental issues, including asbestos contamination, and has garnered the attention of national and global leaders and has helped voice the plight of thousands of people who have fallen victim to unsafe environmental conditions.

Schneider was a senior national correspondent for investigations at the Seattle Post-Intelligencer before its recent closure. If you follow this blog at all, you know we are huge fans of Andrew Schneider. If you’re in the area, do try to go see it.

Read the Press Release.

Asbestos HUB

2009-03-24T17:47:00.001-07:00

Asbestos HUB

Asbestos at Air and Space Museum?

Posted: 24 Mar 2009 07:53 AM PDT

NPR reports that one of America’s much-loved museums is laden with asbestos.

In a story in Sunday’s Washington Post, reporters James Grimaldi and Jacqueline Trescott report that asbestos is present in the walls of the National Air and Space Museum. Visitors are not thought to be at risk, but one worker is now sick.

A 1992 study by the Smithsonian found that asbestos-containing joint compound was used to seal wall seams; however in the ensuing years, that information was not communicated with museum managers.

The Consumer Product Safety Commission banned the compound six years after construction of the museum began in 1972.

An asbestos awareness class alerted a museum worker to the danger. Richard Pullman was shocked when he was told there was asbestos in the walls of the museum. “I’ve been drilling and sawing into these walls for years, unprotected,” Pullman told Grimaldi.

After the class, Pullman consulted a doctor and was diagnosed with asbestosis, a progressive disease where the ingested fibers work their way into the lungs. Had anyone spoken up or better documented the presence of asbestos, Pullman’s disease would likely have been avoidable.

Museum workers say they weren’t aware of the danger, and the Smithsonian tells Grimaldi that the current administration only found out last year. The awareness sessions are part of the institution’s response to the situation. Better late than never for the news, but what about the workers?

The Smithsonian also says they immediately imposed proper methods of working with the materials that contain the asbestos, but complaints from workers prompted an investigation by the Occupational Safety and Health Administration.

The investigation resulted in a citation for mishandling and improper notification, Grimaldi reports, and the Smithsonian acknowledges that the workers were not properly notified. A citation? For jeopardizing lives?

Grimaldi stresses that there is no danger for visitors to the museum. Tests indicate the museum’s air is safe, and a cleanup operation removed the dust that had accumulated in the building from the drilling and sawing.

At this point, there might be a trust issue with those announcements, no?

Asbestos HUB

2009-03-22T17:51:00.001-07:00

UK Teen Fighting Mesothelioma

Posted: 22 Mar 2009 07:53 AM PDT

Asbestos cancer kills one person every five hours in Britain. Now a UK teen may be one of them.

Sophie Ellis has been fighting asbestos cancer for four years. She was only 13 when she was diagnosed with mesothelioma - making her Britain’s youngest ever victim of this deadly disease.

It is unknown how Sophie came to develop mesothelioma, a cancer linked exclusively to asbestos.

Breathing in just one fibre can trigger mesothelioma. But because it normally develops 15 to 50 years after exposure to asbestos, it mainly strikes the middleaged and the elderly.

Sophie’s case is therefore a little startling but consider how many public buildings and schools have been found to have asbestos lurking in the walls. Perhaps Sophie was exposed somewhere as a very young child. Or she could have passed by a building undergoing asbestos removal with an owner who cut corners and let the dust fly.

Now 17 and about to start a second course of chemotherapy, Sophie says:

“Nobody has a clue where I got it from.”

“We can’t think of a time when I would have come into direct contact with asbestos. It took a while for the doctors to diagnose because they just didn’t expect me to have it at such a young age.

“They said I was the first teenager in the UK to have developed it in the last 30 years.”

Sophie developed a sore side from what she thought was a judo injury. Tests later found a tumor on the lining of her right lung. Eight months of chemotherapy followed before the lung was removed.

The disease lay dormant for a while but cancerous cells still remain and Sophie must now have more treatment.

Sophie still dreams of performing onstage in London’s West End. But with an average survival time after diagnosis of mesothelioma being between six and nine months, she does not know how much time she has to fulfill that dream.

How to Find Reputable & Experienced Mesothelioma Attorneys

2009-03-22T16:15:00.001-07:00

Mesothelioma attorneys are experienced in the highly complicated world of asbestos related law. Mesothelioma lawyers will fight to obtain financial compensation to fund your necessary healthcare, and to secure the financial future of your family. When looking for the services of Mesothelioma attorneys one should never just consult their local telephone book or Google the Internet alone. There is a way in which one must go about these things. Follow these steps to get the help that you need in the event that your life has been touched by this crushing disease.

Step1

The first thing that you must do is be fully aware that there are sharks in the water. Let me explain, Mesothelioma attorneys fall under the category of personal injury law. There are probably millions of personal injury lawyers in the country. However, you DO NOT want just any personal injury attorney handling your Mesothelioma case. When looking at litigation for Mesothelioma, the question is not "if" the offending company is guilty, because the answer is always yes. There is only one way to get Mesothelioma and if you have been exposed, you probably already know how you got it. Unfortunately, there are many personal injury attorneys who know that there is a lot of money to be made off of these types of cases, so they will take your case when they don't have the proper experience. Be very careful.

Step2

Next you should read all that you can about the disease, so that you will know everything there is to know before contacting Mesothelioma attorneys. Quiz the lawyers about the disease and see how much he/she actually knows about Mesothelioma. If it seems as though you are teaching the attorney something brand new, you need to drop them immediately. The best place to go to learn all about Mesothelioma or any other form of cancer is the American Cancer Society (ACS). A link to the ACS Mesothelioma page can be found below.

Step3

When searching the Internet for Mesothelioma attorneys, you will want to be sure to pay attention to the structure of their website. Try to find a site that offers a wealth of information about the disease as well as information about how much Mesothelioma specific experience the attorney has gained over the years.

Step4

When searching for Mesothelioma attorneys in the yellow pages, you will need to find the lawyers that tout their experience in the area. Again, you're not just looking for any personal injury lawyer; you're looking for an experienced Mesothelioma lawyer. This point cannot be stressed enough.

Step5

Once you have come up with a list of possible Mesothelioma lawyers, you will want to check their credentials with your state's Bar Association if you should happen to find a local attorney. Keep in mind that lawyers in this area often have a license to practice in more than one state; therefore, it would be wise to check their credentials in their home state.

Step6

A good resource and referral page for Mesothelioma lawyers and disease information can be found at Asbestos.com. The service is free and the people there are very friendly. They refer people to Mesothelioma attorneys across the nation who will be happy to speak to you about your current situation. The people at Asbestos.com seem to be on the level, and they claim to put the lawyers that they refer through a stringent qualification process for Mesothelioma experience. However, one should never put all of their faith in any one resource. Be wise and be sure to check the credentials of any lawyer in which they or anyone else suggests.

Step7

Asbestos related litigation is the largest and most expensive mass tort in United States history. If you have been diagnosed with Mesothelioma, chances are good that you have been the victim of an awful civil wrongdoing. Therefore, only qualified Mesothelioma attorneys will be able to assist you best. Don't trust your future to just some ad in the phone book or over the Internet.

An Overview of Mesothelioma Cancer

2009-03-22T16:12:00.001-07:00

Cancer takes on many forms and results from many causes. Some cancers are preventable. Some forms of cancer have a good prognosis. The type of cancer that is the focus of this article is called Mesothelioma and it is preventable. If someone develops mesothelioma, typically the prognosis is poor and families need to seek help from a mesothelioma lawyer.

Mesothelioma is caused by exposure to asbestos and the legacy of mesothelioma is a disturbing one. Thousands of people unduly suffer from the effects of asbestos exposure and many more have wrongly died. The hazardous effects of asbestos became know in the 1920s but corporations, who were using asbestos, did not tell their employees of the danger nor did they use alternative materials.

Thousands of persons were unnecessarily exposed to asbestos and as a result many developed mesothelioma in their later years. If you, or anyone you know, have mesothelioma contact a mesothelioma lawyer to help you receive compensation if you were wrongly exposed to asbestos.

If you know someone who died from mesothelioma, it is important that their family contact a mesothelioma lawyer who can recommend whether a mesothelioma lawsuit may result in compensatory benefits.

Mesothelioma attacks what are called mosothelial cells of an organ. The most common organ cells affected by mesothelioma are those in the lungs, heart or abdomen. Pleural mesothelioma is the most predominant type of mesothelioma and it presents as an extremely virulent variety of lung cancer. Pleural mesothelioma is separated into two explicit categories. The first type is called diffuse and malignant (cancerous) and the second type is known as benign (not cancerous).

Malignant mesothelioma is a life-threatening rare condition accounting for almost 75% of all the mesothelioma cases. Malignant mesothelioma must be treated aggressively as it is a malignant type of cancer.

Not only for this reason but, also because more often than not, by the time it is has been diagnosed, the disease has moved into an advanced stage of cancer. The diagnosis of mesothelioma can only be made definitively by taking a biopsy and conducting a pathological analysis.

As the pleural mesothelioma tumor spreads over the pleura, (a thin membrane that covers the outside of the lungs) it produces thickening of this membrane. As the thickening progresses, a restraining type of girdle effect takes place.

As the pleural membrane becomes thicker and more restrictive, the lungs become more restrained and start to diminish and become smaller. The ultimate result of this progression is that the lung(s) are less capable of performing their functions.

One of the first signs someone will begin to experience is shortness of breathe. This will initially be noticeable when they put forth energy or effort in actions such as light exercise, making a bed, and yard work etc.

As the pleural mesothelioma grows and the lung(s) become less functional, the difficulty in breathing expands to occurring when the patient is involved in activities requiring even less exertion than light exercise. Eventually the pleural mesothelioma patient will experience shortness of breath even when lying down, sitting in a chair, and/or resting.

The tumor is constricting the lungs as it moves inward and as it expands outward, to affect nearby tissue of the chest cavity and ribs, it more than likely will create an excessive level of pain.

The second type of mesothelioma mentioned above is referred to as peritoneal. The tumor associated with form of mesothelioma affects the peritoneum membrane that lines several abdominal organs. Peritoneal mesothelioma is not as rare as pleural mesothelioma but it presents more aggressively and as a results in a reduced life expectancy.

As with all cancers, peritoneal mesothelioma can be benign or malignant. Peritoneal mesothelioma takes years to develop and it is generally discovered by sheer chance and prior to symptoms beginning.

Typically the symptoms of peritoneal mesothelioma include: abdominal pain, a generalized weakness, poor appetite with eventual lose of weight, nausea and vomiting, and swelling of the abdomen.

The symptoms of peritoneal mesothelioma progress slowly and as time passes they become more and more severe. As with pleural mesothelioma, there is no cure and the prognosis is affected by the tumor size and stage, the type of tumor cell, and the response to treatment.

Treatment options for both types include: chemotherapy, radiation, surgical intervention, and intra-operative photodynamic therapy; which is the latest drug and light treatment used in the early stages of mesothelioma. If you feel you have been irresponsibly exposed to asbestos, call a mesothelioma attorney today.

Asbestos HUB

2009-03-20T18:33:00.001-07:00

Asbestos HUB

Two Weeks After First Funeral, Harold St. John Gets Another One

Posted: 20 Mar 2009 03:33 AM PDT

Two weeks after Harold St. John’s family held his funeral, they finally will be allowed to bury him. Right before the funeral, attorneys for the defendants in St. John’s asbestos case insisted on taking the body back and conducting an autopsy to examine the asbestos fibers in his lungs, while his family vigorously objected.

NJ.com reports that an appeals court panel has affirmed a decision by a judge in New Brunswick denying defendants the right to have an autopsy performed against the family’s wishes on the 67-year-old St. John, who died last month from an asbestos-related cancer of the lungs.

In a four page decision released today, the appeals panel agreed with Superior Court Judge Philip Paley that “defendants did not present … a sufficient basis from which to conclude that retrieval of lung tissue samples would likely lead to evidence of such significance that a limited autopsy should be ordered over the objections of Mr. St. John’s family.”

Geez, how about objecting just on the grounds that it was in poor taste to yank a body from a funeral?

The family opposes autopsies on religious and moral grounds, according to their attorney, Moshe Maimon.

An order was served on the funeral director moments before St. John was to be buried. Hours later, his family was told his body had been returned to the funeral home.

The order was sought by Honeywell International and Chrysler Motor Corp., two of the many companies St. John and his family sued last year after he became ill with mesothelioma resulting from exposure to defendants’ products while working in a family-owned auto repair shop in the 1950s and 1960s.

The St. John family said a private burial service will be held this week.

St. John’s widow, Diana, and daughter, Debbie Eisenbrey, today released a statement saying the family is “relieved.” Ya no kidding.

The St. John family attorney said:

“Chrysler and Honeywell put the St. John family through the nightmare when, as the court found, an autopsy was unlikely to yield any significant evidence,” Maimon said. “We are relieved that Harry St. John can finally rest in peace.”

Michael Palese, a spokesman for Chrysler, said “we are disappointed with the decision of the New Jersey (appeals court). We are considering our legal options.” However, they also said “Chrysler’s deepest sympathies are with the St. John family for their loss.” Oh please.

Read the story history and developments on NJ.com.

Asbestos HUB

2009-03-18T18:27:00.001-07:00

Asbestos HUB

Andrew Schneider Speculates About What Justice Could Be Done For Libby

Posted: 18 Mar 2009 04:54 AM PDT

First, we are sad to see that the Seattle Post-Intelligencer has closed. They have done a fantastic job reporting on the progress of the W.R. Grace mining, cleanup, after-effects, and now the trial.

As a reporter for the Seattle Post-Intelligencer, I broke the story of the asbestos poisoning of Libby, Mont ., 10 years ago. Tonight, the paper prints its final edition, which means I won't be able to write about the outcome of the W.R. Grace criminal trial for the newspaper that first revealed what happened to Libby and its people.

I'm going to try to keep up with the trial on this blog. But I thought I'd share with you the final post I wrote for the PI: What the people of northwestern Montana that I've spent a decade covering hope they will see coming out of the federal courtroom in Missoula.

Libby resident Les Skramstad has passed on but before his death, told Schneider that he’d give up a year of his fleeting life just to sit in the front row of hard, wooden benches in Judge Donald Molloy's courtroom and watch justice delivered to W.R. Grace and five of its former VPs' and top managers.

Schneider speculates that Skramstad wouldn’t have been happy were he here to witness the trial now.

Les wanted to watch them swing. He anguished over the unbearable knowledge that on his work clothes, he brought that poison from the mine into his home and into the lungs of his wife, Norita, and three of his children. He wanted the death penalty for them, and he offered to build the gallows.

Schneider reports that according to Libby residents he has spoken to in the past month, Grace and its executives should be standing trial for homicide.

Unfortunately, the Clean Air Act of 1999 not have provisions for homicide charges so the accused W.R. Grace executives are only being held accountable for actions after that date.

Read Schneider’s entry in Andrew Schneider Investigates.

Mesothelioma: Mesothelioma Cancer main factors

2008-01-13T19:25:00.000-08:00

Mesothelioma cancer can strike anyone, but appears more often in men than in women. It is a disease mainly linked to asbestos and smoke, since most people who have worked on jobs where they breathed in asbestos particles, have developed this pathology.

Experts believe that smoking does not seem to be a directly related risk for developing the disease only by its own, but its combination with asbestos exposure increases the risk of Mesothelioma, so stop smoking if you are exposed to asbestos in your workplace.

According to statistics eight out of ten of all reported cases were exposed to asbestos, however there are cases of people that have not had any exposure to the fibers of this mineral.

Therefore, the main risk factor for developing Mesothelioma can be found in asbestos, a group of fibrous metamorphic minerals which have an special resistance to fire. Asbestos have been exploited for a variety of purposes, such as industrial products, roof shingles and flooring products.

However, some uses of asbestos are banned in many countries, since it is known that the inhalation of some kinds of asbestos fibers can cause various illnesses, including Mesothelioma, lung, larynx and kidney cancer and asbestosis, a chronic lung ailment, but a non cancerous pathology.

Most asbestos fibers are invisible to the unaided human eye and the problem increases because just one asbestos fiber can become the source of hundreds of thinner and smaller fibers over time. As they get smaller and lighter, they become more mobile and more easily to be driven and carried by the air.

That is why people who work in asbestos mines and mills or producing asbestos products must wear personal protective equipment to lower their risk of exposure, according to acceptable levels of asbestos exposure in the workplace set by the Occupational Safety and Health Administration of the United States.

In order to reduce your chance of getting ill with some of the asbestos-related diseases if you are a asbestos worker, is not only to wear the proper clothes and equipment, but also take a shower and change your clothing before leaving the workplace to diminish the possibility of dust brought home on your clothing or hair.

Next Article: Mesothelioma Symptoms

Article written by the staff of Mesothelioma -10.com a website edited by Hector Milla, if you want to read more articles about mesothelioma cancer information, feel free to visit http://www.mesothelioma-10.com, you can reprint this article in your website or ezine, always mentioning the author above and keeping a live link.

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