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.

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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.

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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.

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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.

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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.

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The University of Minnesota is responsible for the study, which started in 2008 and will wrap up as early as mid-2012. So far, results indicate that the rate at which residents have contracted mesothelioma is much higher than it should be.

Mesothelioma is a rare and fatal cancer, caused primarily by exposure to asbestos fibers, which often takes 30 years or more after exposure to show up.

Exactly how Iron Range residents have been exposed to asbestos is a mystery. Speculation includes one theory that workers handled asbestos in certain products then carried it home. Another theory is that processing taconite rock (a low-concentrate iron ore that has been mined and processed in Minnesota since the 1950s) releases asbestos fibers from within the rock into the air. The mystery is what provoked the $4.9 million health study, which was approved by state lawmakers in 2008.

Researchers have collected data on people who worked in mining as far back as the 1920’s. So far, the study shows that out of about 46,000 taconite workers who ever worked in the industry, 1,681 developed some sort of lung cancer.

Currently, the results from more than 2,000 air samples taken over the last two years at Minnesota’s six operating taconite plants show safe dust levels. Asbestos levels are extremely low, according to the study. Silica concentration was found to be higher than acceptable in some cases.

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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.

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Dr. Rachel Ostroff, a clinical research director of Somalogic Inc. presented her initial results of this ongoing study at the Fourth AACR International Conference on Molecular Diagnostics in Cancer Therapeutic Development. Her results indicated that with the use of aptamer-based proteomics array technology, biomarkers and protein signatures were identified that are characteristic of cancer at an early stage for both mesothelioma and pancreatic cancers.

Aptamer-based proteomics array technology is fairly new in the world of science, developed and refined over the past ten years or so. Aptamers are nucleic acid molecules that bind to certain proteins and were first discovered about 20 years ago. SomaLogic researchers developed a new breed of aptamers called SOMAmers (Slow Off-rate Modified Aptamers), which can be “programmed” for very specific proteins. What this means is that SOMAmers can identify and count specific proteins, or biomarkers, in complex biological samples, thereby identifying potential or inevitable mesothelioma development in people exposed to asbestos.

Ostroff and her colleagues tested blood from study participants – people diagnosed but not yet treated for cancer — to discover the cancer biomarkers. Once discovered, the same technology could be used to spot these cancers at an early stage, where the potential for effective treatment is much higher than in progressed cases.

The goal was met and the researchers found the biomarkers, which they used to make a “signature” biomarker with extreme accuracy for early detection of each form of cancer. As a byproduct of their intended success, they got a little surprise gift: they found high specificity of correct diagnosis, which means the test will be accurate and not lead to disease-free people undergoing unnecessary treatment.

The study is ongoing and validation testing is underway, according to Dr. Ostroff. The research team hopes to have commercially available diagnostic tests that will ultimately yield clinical benefits for patients.

In the next post of this series, we’ll look at a newly discovered genetic link to mesothelioma and what that means for future treatment options.

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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

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Asbestos

Imagine a hammock that more and more people keep piling into without anybody getting out. The weight would quickly become too burdensome to bear and, sagging with a tangle of limbs and torsos, the rope would break. That’s what companies whose livelihoods were once asbestosdependent are like. With billions paid in asbestos settlements each year, the financial strain of numerous personal injury lawsuits from employees exposed to asbestos is too much for any corporation to hold.

What’s best for both the injured employees seeking compensation as well as the companies themselves is for the hammock to hold, or at least have a safety net in place. That’s why more and more of those companies have filed for Chapter 11 bankruptcies to reorganize their assets and debts as well as put aside money for injured asbestos workers into what are known as asbestos bankruptcy trusts. More and more of these have been established as more and more companies have filed Chapter 11’s over the past two decades.

The only problem with asbestos bankruptcy trusts is that the asbestos workers who are ill from asbestos exposure — whether with asbestosis,mesothelioma, or some other type of asbestos-related cancer — don’t receive what they need and deserve, which is the full value of their settlements. The system was created to make asbestos claims easier to file, often requiring no more than a diagnosis and a form to fill out. Yet, the amount of money that actually makes it to the injured worker is typically less than one third the amount of the settlement, according to a study by the RAND Corporation.

Now, there are around 50 different asbestos bankruptcy trusts paying out billions in asbestos claims each year. However, there are still many solvent companies liable for asbestos exposure injuries. Mesothelioma lawsuits are being filed against these solvent companies as regularly as the spinning of a well-oiled wheel. The companies have lawyers scrambling for ways to limit their liability and avoid taking responsibility for the widespread tragedy of asbestos-related cancer and other illness. To that end, defense lawyers want access to detailed records from asbestos bankruptcy trusts, allowing them to see who is paid how much for what specific illness.

Lately, Republicans in congress are looking at the issue, deciding whether to make changes to these asbestos bankruptcy trusts. As reported by the National Law Journal, asbestos lawyers andmesothelioma attorneys argue that the corporate defense lawyers want this reform only to expose the spokes of that well-oiled wheel so that they can throw in sticks.

There is no telling how soon or in what way Republicans in Congress will act on this issue. Meanwhile, if you have mesothelioma or another asbestos-caused illness, you may have a claim against an existing or future asbestos bankruptcy trust. If you were exposed to multiple asbestos products that were manufactured by different bankrupt companies, you may actually qualify for compensation under several trusts.

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Asbestos, the deadly substance known to cause cancers such as mesothelioma, harms its victims when the fibers are inhaled. Many of the science kits were more than 20 years old, meaning an entire generation of Townsville students were put at risk by using this equipment. It is indeed conceivable that similar situations exist in many American schools; this discovery is certainly cause for concern here, even though officials in Queensland contend that the materials posed little threat to students.

Queensland’s Minister of Education, Cameron Dick, said an alert was issued to schools at the time and a whopping 159 kits were taken out of area schools. According to the Australian Broadcasting Corporation, Dick contended that students were at minimal risk as the asbestos was in rock form. “I’m advised by our asbestos health adviser, Dr. Keith Adams, that there is minimal risk to any student who may have come in contact with that and we have withdrawn all the mineral kits from Queensland schools,” he said.

Meanwhile, NineMSN is reporting that the asbestos-tainted science kits have generated considerable political fights between Queensland officials. “Labor is dangerously exposing our children to asbestos,” Bruce Flegg of the center-right Liberal National Party said on Monday. “We are still seeing far too many examples of children and teachers who are exposed to potentially deadly airborne asbestos fibers. It would seem Labor chose to keep the revelation under wraps to avoid adverse publicity.”

Queensland’s Premier, Anna Bligh of the leftist Labor Party, blamed the opposition for the asbestos material found in the schools. She said, “It was not the Labor Party who put asbestos in schools. It was the Liberal and National parties of Queensland who continued to put it in our schools long after the world knew that it was a dangerous material.” Bligh called her party’s efforts, “The biggest asbestos removal program in the country.”

The finger-pointing between politicians is incredible. Shouldn’t they be more concerned that these potentially dangerous materials were readily available in schools? This attitude is something we see in countries all around the world, including in the U.S. Even though this particular incident occurred in Australia, it’s a good reminder that we should be vigilant about the materials and products our schools and community centers use on a regular basis. Let’s ensure the safety of our children.

Let’s ban asbestos now.

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“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.

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In Gibbstown, N.J., local contractor Lovett Contracting is facing legal action and potentially stiff fines from the United States Environmental Protection Agency (EPA) as a result of the alleged improper clean-up and removal of asbestos-containing materials used in a former DuPont Chemical gunpowder plant. The lawsuit alleges Lovett was in violation of the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants regarding asbestos. The EPA is seeking $32,000 per day and per violation as well as court costs, which can ultimately amount to hundreds of thousands of dollars of violations for the contractor.

According to The Gloucester County Times, the EPA allegations listed six violations, including failure to take required precautions in demolishing or removing about 5,000 feet of piping and 3,000 feet of pipe insulation with dangerous amounts of asbestos that could be exposed to the air. Once airborne, the asbestos becomes a hazard to employees and the local community alike.

While the contractor had no comment to local media, EPA spokesman Elias Rodriguez said, “Asbestos is a known carcinogen, and inhalation of asbestos fibers can cause serious health risks.” He noted, “Using water and equipment such as glove bags and other containment measures prevents the release of asbestos fibers and minimizes the chance of exposure.”

However, high government penalties will not save the lives currently in peril because of this added risk of developing asbestos-related cancers. All these fines can do is punish the offenders. They can not take away the pain, suffering and struggle manymesothelioma and asbestosis victims face on a regular basis. Workers are regularly put at risk during these massive asbestos clean-up projects, with little upfront protection.

Isn’t it time to ban this deadly substance? Join us and help us ban asbestos now.

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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.

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According to a recent WHO bulletin, 92,253 deaths from mesothelioma were reported by more than 80 countries between 1994 and 2008.  (Sadly, this number only included mesothelioma deaths, and did not account for victims of other asbestos-related diseases such as asbestosis or lung cancer.)  Most mesothelioma deaths occurred in the United States and in the western and northern regions of Europe, but more generally, deaths occurred in countries with high incomes.  The 10 countries with the highest incidence of mesothelioma deaths are in the industrialized world, including Japan and South Africa.  Not surprisingly, these countries also had high cumulative asbestos use.  South Africa, for example, was once a major producer of asbestos and was the site of the first diagnosed mesothelioma cluster.  The incidence of mesothelioma in countries with high incomes was 16 times the rate of incidence in low-income countries.

Some other disturbing facts from the WHO bulletin:

• The age-adjusted mortality rate increased by 5.37 percent per year during the study period
• The mean age at death was 70
• The ratio of male to female deaths was 3.6 to 1
• Less than 12 percent of all deaths occurred in middle- and low-income countries

As troubling as these numbers are, the incidence and mortality rates are probably much worse than reported.  The study was not able to draw data from China, India, the Russian Federation, Kazakhstan or Thailand — all countries that have produced and consumed asbestos at high levels over a number of years.

Given mesothelioma’s long latency period – it sometimes takes 10-50 years after exposure for symptoms to surface — it’s expected that these numbers will only continue to rise until asbestos production and usage is banned.

Perhaps the most shocking fact of all is that this deadly material is still legal in the U.S.

It’s time for federal, state and local governments to understand the urgency of the spreading disease, the lack of any safe level of exposure to asbestos, and its lack of discrimination by age, gender or race of victim.

It’s time to join our fight.

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