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Mesothelioma Lawsuits Against Garlock May Require Immediate Action

Mesothelioma Lawsuits

Mesothelioma Lawsuits

Thousands of individuals who claim their mesothelioma diagnosis was caused by asbestos products manufactured by Garlock Sealing Technologies may only have a few weeks to provide information about their illness so they can get their settlement.

According to Dow Jones Newswires, as part of Garlock’s current bankruptcy proceedings, the company is requesting that the nearly 4,000 people with a pending asbestos lawsuit against it provide information about their mesothelioma claims by February 28,2012. The company claims it needs this information so it can accurately set up a trust that will hold money for the mesothelioma settlements that it will be dealing with in the future.

Under the company’s current bankruptcy plan, which is still subject to court approval, Garlock will be able to settle all current allowed asbestos claims and put $140 million into the asbestos trust to handle future claims. Claimants who do not bring forward information by the deadline could have their cases dismissed.

Setting up monetary trusts for mesothelioma settlements has become the norm for manufacturing companies that used asbestos and have been forced out of business due to the mesothelioma lawsuits brought against them.

If you or a loved one have developed mesothelioma that can be linked toasbestos exposure that was caused by a product or former employer, call American Law Partners today to learn more about potentially pursuing amesothelioma lawsuit.

Asbestos Campaign to Resume in UK Next Year

Asbestos

Asbestos

A successful series of UK advertisements that helped spread the word about the dangers of asbestos but saw its funding cut last year is set to return in 2012.

According to The Daily Mirror, the government-run advertising campaign – dubbed “Hidden Killer” – was started in 2008 and emphasized the increased risk of asbestos exposure that workers in the construction industry faced. However, last year the campaign was halted after its budget was slashed amid a number of budget cuts.

After pressure from a number of anti-asbestos groups and unions, the Health and Safety Executive revived the anti-asbestos ad campaign for 2012.

Educating the public about the dangers associated with asbestos is extremely important in the UK. The Mirror reported that 4,000 people die of asbestos-related diseases annually, and that 2,000 died of mesothelioma in 2010.

If you or a loved one were exposed to asbestos and now suffer from mesothelioma, there is legal action worth pursuing. Speak to American Law Partners today to learn more about mesothelioma lawsuits.

Some Asbestos Cases Just Got Easier in PA

Asbestos

Asbestos

Both plaintiffs and defendants in asbestos lawsuits agree that asbestoscauses 80 to 90 percent of all mesothelioma cases. You would think that it naturally follows that 80 to 90 percent of mesothelioma lawsuit plaintiffs do not have to prove to a jury that asbestos exposure caused their mesothelioma. Until recently, that was not the case. Instead, through a legal process called reverse bifurcation, most if not all mesothelioma lawsuit plaintiffs had to first prove in court that their mesothelioma diagnosis is tied to past asbestos exposure. Once this was proved – and it usually was — most cases settled out of court.

Now, as reported by the Legal Intelligencer, after nearly a quarter of a century of trying asbestos lawsuits with reverse bifurcation, the Philadelphia Common Pleas Court’s mass torts program for asbestos began “straight-through trials” of asbestos cases in which it is uncontested that plaintiffs have mesothelioma because of asbestos exposure.

“Straight through trial” basically means that the plaintiffs do not first have to prove to the court – with documents and records and other evidence – that asbestos exposure caused their mesothelioma. Instead, the court takes for granted that it did, in which case most lawsuits settle out of court. So far though, even those that have gone through to trial have ended favorably for plaintiffs. One such mesothelioma patient and his family won $4.5 million in a recent trial verdict.

It’s good news for mesothelioma victims and not so good news for some defendants who make or have made asbestos-containing products. Examples of companies that had ready defenses to disprove asbestos exposure from their products as the cause of mesothelioma in a plaintiff include break pad manufacturers and insulation companies. These defendants would use reverse bifurcation to fight off taking responsibility for the victim’s illness. Hopefully, more states will follow PA’s lead on this.

If you or a loved one has suffered from asbestos exposure and later developed mesothelioma, call an asbestos attorney at American Law Partners today for a free consultation.

Occupational Exposure to Asbestos in VA Power Plant

Asbestos

Asbestos

When repairs were needed on an old nuclear power plant in Surry, VA, contract workers were called in to do the work. Hundreds of workers were hired including electricians, pipe fitters, general laborers and other contractors from eight different companies. When a dozen workers were caught in a cloud of asbestos after cutting some old pipe, the workers reported the incident. The exposed workers report that they were told all asbestos-containing pipes would be clearly labeled, but they were not labeled at all.

A state investigation ensued and six of the eight companies involved in the plant restoration work were cleared of blame. The company that was in charge of labeling the asbestos-containing pipes and products and that was tasked with safely removing asbestos from the building was Hopewell-based Quality Specialties Inc. and they were fined $4,900 for not labeling the pipes. The state has targeted one other company – Dominion Power, the electricity supplier for VA and NC and the owner of the power plant — to take partial blame for the incident but have not released details of their investigation.

Asbestos was used when the plant was first built to insulate pipes and other parts of the plant from excessive heat. Asbestos has been widely used for such purposes for the past century, but less so in the past 30 years or so since asbestos exposure was definitively tied tomesothelioma and other types of cancer. Asbestos is only carcinogenic when it is airborne and can be breathed into the lungs. Although any amount of asbestos exposure carries risk, mesothelioma victims are usually people who were once exposed to asbestos at a high concentration for an extended period of time.

A spokesperson for the power plant, Richard Zuercher, attempted to assuage the concern of the exposed workers and their families by asserting there was no danger to them. “Most of the asbestos has been removed and replaced with asbestos-free material, including the area where the workers were,” says Zuercher. “There is some equipment with asbestos at the plant, but it has all been abated.”

Zuercher’s statement was proved false, however, after the State Department of Labor and Industry tested the environment and found asbestos fibers on the clothes of the 12 exposed workers as well as in three of the worker trailers.

Exactly how much asbestos the workers were exposed to is indeterminable because the plant’s owner, Dominion Power, did not have air sampling equipment on site at the time of the incident.

Landfill Contaminated With Asbestos

Elbert County in Denver, CO has a unique asbestos abatement project to tackle – that of a public landfill and trash compactor site. The site has historically been used to dispose of roofing and building materials, much of which was from before the mid 1970’s when buildings were routinely constructed with an abundance of asbestos. The landfill has been the primary dumping site for such rubbish but then it is compacted into bundles and shipped off to another landfill.

Concern about asbestos at the site arose when a backhoe company began excavating the grounds in preparation to remove an old missile silo. Local residents in the area called in complaints to authorities that contaminants were being spread by the excavation. Subsequent soil tests and tests to the debris at the landfill showed the presence of asbestos. No charges were filed because the asbestos had not yet gone airborne, but rather was contained to the landfill site.

Upon learning of the presence of asbestos among other environmental contaminants, the excavating was ceased and the area was covered, pending professional asbestos abatement services.

Cory Stark, director of Elbert County Emergency Management determined that the backhoe company, Backhoe Services, was operating without having tested the soil first and without a formal contract with the city. As reported by the Denver Post, Backhoe Services could not be reached for comment.

Stark asserts that there has been no danger to local residents so far as the toxins have been contained. Still, local residents have remained cautious and concerned. They are now taking their trash and debris to an alternate dump site.

Asbestos diseases such as lung cancer, asbestosis, and mesothelioma are the unfortunate result of asbestos exposure. If you have been diagnosed with an asbestos-related disease, contact a mesothelioma lawyer at American Law Partners today for a free consultation.

New Science Part Three Mesothelioma Genetic Link

It’s long been suspected that a person’s genetics play a role in determining susceptibility to the development of mesothelioma following exposure to asbestos fibers. The suspicion caused the U.S. Department of Health and Human Services National Institutes of Health (NIH) to fund research that would discover this genetic link. As of August, 2011, the specific gene mutation was not only found, but identified to also trigger other types of cancer.

The culprit is the gene, BAP1. Not a very creative name, is it? Why not name genes after Greek gods and goddesses rather than assigning them boring codes made up of capital letters and numbers? The former would better match the mystical powers genes have to determine so much about a person from appearance to temperament to health and beyond. Anyway, the research showed that people with a mutation on the BAP1 gene are more susceptible to developing both mesothelioma cancer as well as melanoma cancer of the eye.

The upshot is that people who are exposed to asbestos are far more likely to develop mesothelioma if they have this mutation to BAP1. The research was funded by the National Cancer Institute (NCI), part of the National Institutes of Health, and led by scientists at the University of Hawaii Cancer Center in Honolulu, and Fox Chase Cancer Center in Philadelphia. The study results were published in Nature Genetics and reported the outcome of tests within two U.S. families with a high incidence of mesothelioma and other cancers linked with BAP1 mutations.

The study’s co-leader,Dr. Joseph Testa, notes that “it appears likely that other genes, in addition to BAP1, will be found to be associated with elevated risk of mesothelioma.” In the study, every person in the two families who developed mesothelioma or melanoma of the eye did have mutations of the BAP1 gene. The research team went on to look at 26 additional people diagnosed with mesothelioma but with no family history of the disease and found that 25 percent of them also had the BAP1 mutations.

Dr. Michele Carbone, study co-leader and director of the University of Hawaii Cancer Center, says of the results: “Identifying people at greatest risk for developing mesothelioma, especially those exposed to dangerous levels of asbestos worldwide, is a task made easier by virtue of this discovery.”

This concludes our series on the newest science concerning mesothelioma. These findings are exciting and inspiring of hope that future diagnostic and treatment practices will help people with mesothelioma live longer, healthier lives. Hope is the message we choose to focus on this week following National Mesothelioma Awareness Week.

Mesothelioma New Science Series

In honor of National Mesothelioma Awareness Day, we’re launching a three-part blog series highlighting the newest scientific research regarding mesothelioma. New science has emerged in the last two years that may have significant implications for the future treatment of malignant mesothelioma. In this series, we will look at three important scientific breakthroughs that have the largest potential to affect the future of mesothelioma treatment.

In early 2010, results of a study were published in the American Thoracic Society’s American Journal of Respiratory and Critical Care Medicine that proved the safety of a possible vaccine for mesothelioma.

In late 2010, Dr. Rachel Ostroff, the clinical research director of Somalogic Inc., presented results of an ongoing study at the Fourth AACR International Conference on Molecular Diagnostics in Cancer Therapeutic Development about new biomarkers she discovered for mesothelioma that would impact early diagnosis and provide insight into new therapies for the disease.

Just last month, NIH-funded research discovered a genetic link to mesothelioma.

History of Mesothelioma and Asbestos Exposure

As far back as the early 1900’s, cases of mesothelioma and lung cancerhave been linked to asbestos exposure. It wasn’t until 1970 with the United States Clean Air Act that the Environmental Protection Agency (EPA) was permitted to start regulating asbestos as a hazardous pollutant. With asbestos being more and more regulated in the United States over the past forty years, the rate of new mesothelioma diagnosesin the U.S. each year has risen steadily in men and sporadically in woman.

Currently in the United States, there are an estimated 2000 to 3000 new cases of mesothelioma diagnosed each year. The increase in incidence may be the result of lag time between asbestos exposure and diagnosis, which can be up to 50 years. For this reason, the number of new mesothelioma diagnoses is expected to continue to rise through the year 2020.

New Science – Mesothelioma Vaccine

The continued increase in the rate of mesothelioma diagnosis and the current lack of treatment options is what inspired researchers at the Erasmus Medical Center in the Netherlands to study new therapies. Immunotherapy, which stimulates the immune system to target and destroy cancer cells, had previously shown promise. Based on this previous research, Dr. Joachim G Aerts, a pulmonary physician at Erasmus Medical Center, set out to create a vaccine for mesothelioma. The vaccine, which uses a patient’s own dendritic cells (DC) with antigen from the patient’s tumor, was able to induce a T-cell response against mesothelioma tumors.

In other words, three out of ten patients with malignant pleural mesothelioma of the epithelial subtype showed signs of tumor regression and four others showed evidence of cytotoxicity against their own tumors after vaccination. There is much more work to be done before results can be irrefutably attributed to the vaccine and side effects can be minimized, but the study showed real promise.

Dr. Aerts says of the study: “We hope that by further development of our method it will be possible to increase survival in patients with mesothelioma and eventually vaccinate persons who have been in contact with asbestos to prevent them from getting asbestos related diseases.”

In the next post of this series, we’ll look at mesothelioma biomarkers and the implications they have for possible future treatments

Asbestos is Big Business Abroad

Today, the United States processes more than 2,200 metric tons of deadly asbestos materials each year. In our opinion, that’s 2,200 metric tons too many, even though it is a significant drop compared to our usage 50 years ago. Although our country’s widespread usage of asbestos has diminished significantly over the past three decades, the toxic product is still actively mined, sold and used in construction projects worldwide, particularly in Asia. According to data compiled by the Canadian Broadcasting Corporation, China and India, the two most populous countries on the planet, represented the two largest consumers of asbestos. Other major consumers include Russia, Kazakhstan, Brazil, Thailand, Uzbekistan and Ukraine.

“When asbestos was banned in industrialized countries and [producers] started to lose money, they came to the developing countries to recover their investments,” Dr. Guadalupe Aguilar Madrid told the Center for Public Integrity and the BBC.

Each year, one million metric tons of asbestos is mined in Russia, which exports most of this mineral and keeps only a quarter of this production within its own boundaries. On the other hand, China uses a staggering 626,000 metric tons of the toxic substance annually. But only half of that is mined domestically, and the country relies on other asbestos producing countries, such as Canada, Russia and Brazil, to make up the difference. India uses 300,000 metric tons annually, but produces very little domestically, relying almost exclusively on imports.

Given all that is known about the dangers associated with asbestos use, the numbers are staggering. If you were to look at production per capita, you’d see that Russia, a country of about 140 million residents, mines a whopping 15 pounds of asbestos per person, per year!

Research has shown that there is no safe level of asbestos exposure which avoids any risk of mesothelioma or other asbestos-related diseases. Although it is comforting to know that production and consumption of asbestos in the United States is declining, the substance still poses a risk to Americans at home and abroad, a risk that can only be mitigated with a full ban on asbestos here.

We should encourage Congress to ban asbestos in the U.S., to set the right example for other leading world powers. It’s time to do the right thing. Join our fight. Help us ban asbestos now.

13 Years After a Ban, the UK Continues to Fight the Effects of Exposure to Asbestos

With the rise and fall of the asbestos industry in Canada making headlines recently, it’d be easy for some to think that the global asbestos problem could immediately be solved with a ban. It sure seems to make sense: if we stopped mining and manufacturing asbestos, we’d be able to prevent deaths from asbestos-related cancers such as mesothelioma forever.

Unfortunately, a ban is only step one in the fight to beat asbestos-related diseases. Asbestos once was used so widely that it exists potentially everywhere. It can turn up in places you’d least expect it — in the ceilings and floors of buildings that were built before 1980, in duct tape, caulking and textured paints, and even in car brakes and other automotive parts, just to name a few.

Given the pervasiveness of asbestos over the years, signs of the material and deaths from mesothelioma can occur for decades after a country bans its use. One needs to look no further than the United Kingdom (UK) to see an example of how a country must manage its “asbestos legacy” long after it has been prohibited.

The UK government banned asbestos in 1999 with the passing of The Asbestos Prohibitions Amendment Regulations. However, The Health and Safety Executive, a UK government body responsible for the regulation and enforcement of workplace health, safety and welfare, estimates that more than half a million non-domestic buildings on the island of Britain contain asbestos to this day.

As a result, occurrences of mesothelioma in the UK are among the highest in the world. The UK government estimates that 4,000 residents die as a result of complications associated with asbestos exposure annually. Those numbers are expected to rise, since it can take years to develop illnesses after exposure to the deadly substance. By comparison, in the United States, there are an estimated 10,000 deaths attributed to asbestos-related diseases each year.

The dramatic rise in mesothelioma deaths both at home and abroad underlines the dangers associated with even the smallest exposures to asbestos. The United States will continue to face these same asbestos-related health risks so long as the material is allowed to be used – and perhaps even long after it’s banned.

There’s no reason for our political leaders to delay in banning this deadly material. It’s time to ban asbestos now.

Was Whitey Bulger Exposed to Asbestos?

Now that one of the most dangerous and wanted men in the country has finally been captured after 16 years on the run, we can turn our attention to the real issue: was reputed mob boss James “Whitey” Bulger exposed to asbestos?

Although Bulger appears to be in great physical shape for an 81-year-old alleged murderer, his time in the Princess Eugenia Apartments in Santa Monica, California may have put him at risk for a number of serious and deadly asbestos related diseases such as mesothelioma and asbestos lung cancer. His life could be slowly coming to an end, and he wouldn’t even know it.

 Why?

Because the Princess Eugenia Apartment complex was built in 1970, the peak year of asbestos use in the United States. More likely than not, Whitey Bulger’s apartment contained asbestos.

Fireproof and durable, the deadly mineral asbestos was added into countless products from the 1930s through the early 1980s, when it was largely phased out of use due to its connection with mesothelioma and other illnesses. Products such as roofing, plaster, paint, spackle, joint compound and many other common products likely contained asbestos.

If the asbestos contained in those products is left undisturbed, the risks of asbestos exposure are low. But once the materials are disturbed through such actions as sanding, drilling, cutting, or stashing ill-gotten gains, countless microscopic asbestos fibers can be released into the air where they can be inhaled or swallowed.

Whitey Bulger may have unintentionally put himself and his girlfriend Catherine Greig at risk of mesothelioma by cutting open his wall to make the safe which held his guns and cash.

The latency period between asbestos exposure and mesothelioma can be as long as 40 years, meaning Bulger could be at serious risk of developing mesothelioma around his 120th birthday.