The Evansville Courier & Press reported last week about a group of advocates who addressed a panel of state lawmakers to make their case. At issue is the amount of time between asbestos exposure and the development of asbestos diseases, like asbestosis, lung cancer or mesothelioma.

Indiana law says someone exposed to hazardous materials – like asbestos – has up to 10 years to file a lawsuit for damages resulting from that exposure. However, research supported by the National Cancer Institute indicates that asbestos diseases, such as mesothelioma, may take anywhere from 10 years to 50 years to develop from the time of exposure. This leaves Indiana residents out in the cold in the search for justice and compensation for their injuries.

Advocates are asking the Indiana State Legislature to make an exception for latent diseases, like mesothelioma and other asbestos-related diseases. According to the Courier & Press, the General Assembly approved such an exception in 1989, but a 2003 state Supreme Court ruling changed the meaning of that law, and stripped it of any usefulness in asbestos exposure cases.

The news story says the call for a new law to reinstate this right to sue is supported by State Senator John Waterman (R-Shelburn), who told the paper that he worked for a company in the 1960s removing old boilers from homes and buildings, and he saw first-hand the clouds of asbestos dust released during the job. He has seen former coworkers die from asbestos disease since, he said.

The Chicago Tribune reported that nobody testified against the proposal that would help asbestos victims, but noted it was debated in the last legislative session with no resulting change in law.

The next regular session of the Indiana State Legislature begins in January, at which time this issue is certain to be revisited.

SOURCE: Mesothelioma Lawyer › Indiana legislature asked to give mesothelioma victims right to sue

While mesothelioma is not always classified as “lung cancer,” it most often affects the lining of the chest cavity and lungs. Caused exclusively by exposure to asbestos, mesothelioma also may affect the lining of the abdomen or, in rare instance, the heart.

Alimta’s clinical trial invovled 663 patients. The drug was given to patients whose cancer had not progressed after initial chemotherapy treatments. According to the story on Forbes.com, patients treated with Alimta lived an average of three months longer than those who did not receive the drug.

Although the drug is approved to treat mesothelioma, it does not appear that this particular study provides data regarding mesothelioma patients who have been receiving Alimta.

Results of the study were published in The Lancet medical journal. As a result of the study’s findings, Forebes. com reports, Lilly shares rose 9 cents to $32.95.

SOURCE: Mesothelioma Lawyer › Success of lung cancer drug Alimta causes bump in stock price for Lilly

Mesothelioma is a deadly form of cancer that is caused by exposure to asbestos. This is the only known cause of the disease, which most often affects the lining of the chest and lungs, but which also may affect the lining of the abdomen or the heart.

The news report states Mrs. Jackson’s husband, Wayne, worked as a pipefitter for Combustion Engineering, where he was believed to have been exposed to asbestos. Mrs. Jackson’s attorneys claimed the asbestos was in products manufactured by North Brothers.

Source: The Pulse

SOURCE: Mesothelioma Lawyer › Tennessee jury finds for mesothelioma widow

Mesothelioma is a rare form of cancer caused exclusively by exposure to asbestos. It generally affects the lining of the chest and lungs, but also may affect the lining of the abdomen or, more rarely, the heart. There is no known cure for mesothelioma. Mesothelioma has a long latency period, between 10 and 50 years from exposure to development of the disease. Historically, it was seen only in older males, usually factory or industrial workers. However, due to secondary exposure, such as being exposed to asbestos dust on clothing of workers (usually family members), as well as in the environment, it is being seen more often in younger people and women. Amanda was diagnosed with mesothelioma in her early 20s.

Exposure to asbesots also can cause a number of asbestos-related diseases and lung cancers, including asbestosis, a severe scarring of the lungs.

Amanda died two years after the Satterfield case was filed, a case initially lost in a Blount County court. However, the Tennessee Supreme Court ruled on Sept. 9, 2008 that relatives of employees who were exposed to asbestos also were eligible for claims against the company in the event of a mesothelioma or asbestos-related disease diagnosis. The ruling established an employer’s “duty of care” that includes keeping others safe from hazardous materials an employee might unknowingly bring home from work.

Doug Satterfield, Amanda’s father, worked at Alcoa for 33 years, beginning in 1973. According to a report in CityView Magazine, the company was required by OSHA regulations in 1972 to prohibit employees who were exposed to asbestos from taking their clothes home to be laundered. However, the magazine reports, Alcoa allegedly did not comply with these regulations. Doug’s hair and clothes held asbestos dust from his day of work, and he unknowingly brought this deadly substance home to his baby daughter.

Additional source: VolunteerTV.com

SOURCE: Mesothelioma Lawyer › Tennessee family settles with Alcoa following asbestos precedent

EPA regulations require companies involved in demolition, renovation and construction projects to notify the agency prior to the start of a demolition and construction project, and to follow specific guidelines, standards and laws to ensure worker and consumer safety, including safe disposal of waste from the job site. Demolition of a structure that contains asbestos without proper safeguards may result in secondary exposure to asbestos for residents, workers and others in the area of the demolition.

Asbestos is most dangerous when it is disturbed, as in a project of this nature, and the fibers are released in asbestos dust, which can be inhaled. The inhalation and ingestion of asbestos fibers puts the exposed person at risk for developing asbestos-related diseases including asbestosis, a severe scarring of the lungs, or mesothelioma, a deadly cancer that affects the lining of the chest and lungs or, more rarely, the abdomen and/or heart. Asbestos exposure is the only known cause of mesothelioma, for which there is currently no known cure.

According to the JusticeNewsFlash, the Vermont job site in question involves the demolition of two buildings at 231 and 235 Pearl Strteet, in Essex Junction. The demolition is part of a project to clear a lot for construction of a new apartment building. The news report says the EPA documented more than 75,000 pounds of demolition debris that was removed from the job site and disposed of without proper measures for asbestos safety.

SOURCE: Mesothelioma Lawyer › EPA fines Vermont companies for asbestos violations

According to a report in the Times-Picayune, city officials estimate repairs to the existing City Hall needed immediately would total close to $10 million, and an additional $31 million for additional repairs, some of which would also need to be made by the end of this year, while others would be “ongoing” repairs.

On the list of “ongoing” concerns is asbestos removal. Asbestos exposure is linked to mesothelioma, a deadly cancer that affects the lining of the chest or abdomen, or even more rarely, the heart. There is currently no known cure for mesothelioma.

The Times-Picayune reports the price for the purchase of the former Chevron HQ comes in around $8 million, which includes renovations that would be necessary to prepare it for the City’s offices. Nagin’s office also argues the existing City Hall facility is not large enough to house all the city services, some of which are currently housed in offices outside the City Hall. That expense, the Mayor’s office says, could be saved by incorporating all the offices in the Chevron building.

Some of the work on the immediate repair list for City Hall is damage from Hurricane Katrina. City Council members said alotting so much of the city’s funds to repair the building would not be received well by New Orleans citizens who are themselves still living in structures badly damaged by that storm.

The Times-Picayune reports the City Council voted to reject the Chevron purchase by a vote of 4-3 at its July 28 meeting, but the debate continues.

SOURCE: Mesothelioma Lawyer › Asbestos removal included in estimate for NOLA City Hall repair

There’s only one problem. The park is home to the largest deposit of asbestos in the United States.

Natural deposits of the carcinogenic mineral form an outcrop larger than the city of San Francisco. Then you have ATVs and motorbikes. What might be a reasonably safe place to visit most times of the year has become a bio-hazard thanks in part to the number of vehicles blazing trails and stirring up asbestos dust. The Los Angeles Times called the park “a virtual death zone.”

Tests conducted by the Environmental Protection Agency revealed concentrations in the air of chrysotile asbestos, which is known to cause lung cancer and other life-threatening diseases when inhaled even in the smallest quantities. Asbestos is linked to the deadly cancer mesothelioma, which affects the lining of the chest cavity and lungs or, more rarely, the lining of the abdomen or the heart.

Levels of the airborne asbestos fibers were high enough in the Clear Creek area to warrant the land being closed for all use. Even Bureau of Land Management officials and others are required to wear respirators on dusty days and follow decontamination procedures after their visits.

The BLM had previously closed the park down in 2005 for the driest and dustiest from June to October. Emily Roberson, a scientist familiar with the Clear Creek case, said that the EPA’s data collection and analysis was meticulously performed. “It is a much greater health hazard than previously thought. And the BLM is going to have to be very careful if they open it up.”

A group called the BlueRibbon Coalition, an organization of off-roading recreational enthusiasts (BRC) disagrees. The group hired a law firm to contest the EPA’s Clear Creek tests and the closure of the park, which it plans to challenge legally once sufficient funds have been raised.

SOURCE: Mesothelioma Lawyer › ATV enthusiasts want Clear Creek reopened despite asbestos dust

Mesothelioma is a rare and deadly form of cancer that most often affects the lining of the chest cavity, spreading to the lungs. This is called pleural mesothelioma. A more rare form of the disease is peritoneal mesothelioma, which affects the lining of the abdomen. About 10-15 percent of mesothelioma is peritoneal.

According to a recent report presented by Dr. Micha Bar-Hana, director of the Health Minsitry’s cancer registry, mesothelioma affected 5.72 per 100,000 residents between 2002 and 2008, the news agency reports. This puts the Nahariaya area only behind Genoa, Italy, which reports the highest rate of asbestos-related cancer in the world.

Among the article’s most striking statistics, there were a total of 606 cases of mesothelioma in Israel between 1990 and 2008, with almost all of that number having died from the disease. In addition, in recent years there have been about 30 new cases of mesothelioma reported each year.

SOURCE: Mesothelioma Lawyer › Israeli city among top in world for number of mesothelioma cases

Mesothelioma is a rare but deadly cancer caused by asbestos exposure. It most often affects the lining of the lungs, but can also affect the lining of the abdomen or, more rarely, the heart.

A 2007 Texas Supreme Court ruling in an asbestosis case requires victims of asbestos disease to show exactly how much asbestos they were exposed to in order to prove causation. Asbestosis is a severe scarring of the lungs caused by exposure to asbestos. The standards in this ruling are currently also applied to mesothelioma lawsuits.

Sen. Duncan argues that the same standards of causation cannot be applied to mesothelioma cases, because of the usually long latency period of the disease. It can sometimes take decades from the point of asbestos exposure until the disease manifests with symptoms. As a result, it is often extremely difficult for plaintiffs to trace back to the source of their exposure and secure qualitative proof of the exact amount of exposure.

Senate Bill 1123 would use what is known as the “Lohrmann standard,” which requires a mesothelioma plaintiff to “prove that exposure to asbestos was frequent, regular and proximal.” The bill would not affect the standard for asbestosis cases.

Some argue that the law will be too lenient, but Risk & Insurance quotes Sen. Duncan as saying the rule will only bring Texas in line with the standard used most widely throughout the rest of the country to determine causation in mesothelioma cases.

SOURCE: Mesothelioma Lawyer › Texas legislation would expedite mesothelioma lawsuits

According to a report in the Newport News Daily Press, five manufacturers were defendants in the case, and the jury originally awarded the family a verdict of $4 million. However, four of the five companies settled out of court before the case went to trial. The jury assigned a percentage of blame to each of the five defendants, leaving the only company to go to trial, John Crane Inc., responsible for 30 percent of the blame for damages, which amounted to $1.2 million. John Crane is an Illinois-based manufacturer of gaskets and other parts used in ships.

Gray passed away before the trial began, but jurors watched a video the man recorded prior to his death. He worked on many ships during his 20-year Naval career, and was exposed to asbestos in his work repairing ships, as parts were replaced. Asbestos was used extensively on ships, including Navy vessels, for decades before its use was discontinued due to health hazards of asbestos exposure.

According to the Daily Press report, Gray’s attorney said the man never blamed the Navy for his illness, and asked hospice workers to allow him to hold a U.S. flag as he died.

SOURCE: Mesothelioma Lawyer › Family of former Navy man awarded $1.2 million asbestos verdict

According to the report, the estimate for”environmental restoration” of the Courthouse comes in at around $391,945, while restoration of the county commissioner’s building will total about $234,415. This cost is “greater than anticipated,” according to Plymouth Redevelopment Authority Executive Director Laura Schaefer.

The inspection followed an April town meeting in which representatives voted to purchase the historic downtown properties, with an estimated total budget of $1.4 million. The town representatives hoped to spend about $1 million to purchase the buildings, and $400,000 to preserve the Daniel Webster Courtroom in the main historic building. However, the renovation costs now far exceed that planned expense.

Town and county officials are currently in discussions with area historic preservation groups, which of course would prefer to see the buildings saved and made usable.

Neither building is currently usable due to environmental hazards, the Wicked Local reports. Scientists have determined that loose asbestos in the courthouse poses “an immediate health risk” to anyone entering the basement of that building, and that there is lead in almost every painted surface of both buildings.

Asbestos exposure has been linked to the development of malignant mesothelioma, which is a deadly cancer that affects the lining of the lungs and, more rarely, the abdomen and/or the heart. It also can cause asbestosis, a severe scarring of the lungs.

There are three underground storage tanks on the property as well, which must be dealt with. While none of the tanks is believed to be currently leaking, two are filled with oil and one with gasoline, which could pose a future environmental hazard to soil and groundwater, and they will need to be removed.

Both buildings are located in the Plymouth Historic District. Negotiations on the purchase of the buildings is ongoing but remains confidential.

SOURCE: Mesothelioma Lawyer › Historic courthouse needs more than $600k for asbestos abatement

According to a report by AHN Media Corp., it was determined that Cundiff, now 66, handled Insulag cement, manufactured by John Crane Inc. and distributed by Lone Star Industries, when he worked for nine months on a project to overhaul the USS Kitty Hawk during his Navy career as a machinist. The insulating cement was laced with asbestos.

Mesothelioma is attributed exclusively to asbestos exposure. It is a rare cancer that most often affects the lining of the lungs, but which can also attack the lining of the stomach and/or the heart. There is no known cure for mesothelioma at this time.

SOURCE: Mesothelioma Lawyer › Jury rules for Navy veteran in mesothelioma case

When inhaled, asbestos fibers can become lodged in the body and cause serious health problems, such as asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, sometimes, the stomach and/or heart.

The mesothelioma lawsuit was filed by Vicki Tatera of Greenfield, and was reinstated on Tuesday by the District 1 Court of Appeals. The defendant is FMC Corp. The case will now go to trial.

Source: Chicago Tribune

SOURCE: Mesothelioma Lawyer › Wisconsin widow can sue for asbestos-related death

Facilities included in the sanction are Phoenix Advantage Charter School, The Arts Academy at Estrella Mountain and South Mountain, The Hearn Academy, Tuscon Preparatory School, and AAEC at Paradise Valley, South Mountain and Red Mountain. Following the inspection, asbestos-containing materials were found and identified at Phoenix Advantage Charter School, Arts Academy’s South Mountain location, and Hearn Academy.

EPA spokesperson Katherine Taylor, associate director for the Communities and Ecosystems Division in EPA’s Pacific Southwest region is quoted as saying, “All schools, including charter schools, need to conduct asbestos inspection and have asbestos management plans.” She went on to say that “asbestos in schools has the potential for endangering the health of students, teachers, and others, including maintenance workers.”

An asbestos management plan is kept on file in school administrative offices, and is available for inspection by parents, teachers and the general public. Schools are required by the EPA to appoint a designated person to oversee asbestos activities, and to conduct periodic re-inspection of asbestos-containing materials in the facility.

Asbestos is dangerous when it is disturbed, when it can release microscopic fibers that can be inhaled and which remain in the body indefinitely. There is no safe level of asbestos exposure. Asbestos fibers can cause asbestosis, a severe scarring of the lungs, as well as mesothelioma, a deadly cancer that affects the lining of the lungs, and sometimes the stomach and/or heart.

SOURCE: Mesothelioma Lawyer › EPA fines Arizona schools for asbestos violations

The former employee, George Gamas, worked at the Anheuser-Busch facility in Merrimack, N.H., for more than 20 years, until 2001. In 2006, he notified the company that he had been diagnosed with asbestosis, a severe scarring of the lungs that results from asbestos exposure. Asbestos also can cause mesothelioma, a deadly cancer usually affecting the lining of the lungs and, more rarely, the stomach and/or heart.

While the asbestosis complaint was not officially filed until 2006, the Court found that Gamas’ physician had supplied the company with a report of the asbestosis diagnosis on May 23, 2004, and then later, in August 2004, Gamas himself told company representatives in a deposition for a civil suit that he had been diagnosed with asbestosis, related to his work.

The Insurance Journal reports that an Anheuser-Busch environmental safety manager went on record that the company was “put on notice” at the deposition of Gamas’ asbesots claims.

The case has been sent back to the CAB for further review.

SOURCE: Mesothelioma Lawyer › Court reopens asbestos injury claim against Anheuser-Busch

According to a report in the Panama City News Herald, defendants in the case were Foster Wheeler, General Electric and several other companies that had products in two Panhandle area power plants, where Mr. McBride was employed between 1968 and 1996.

The jury determined that Gulf Power was 60 percent liable and Foster Wheeler 25 percent liable, with each of the other companies named in the suit 1 percent liable. The judgment includes $245,600 for Mr. McBride’s medical bills, $225,000 for Betty and Woodrow McBride’s past pain and suffering, and $525,000 for Mrs. McBride’s future pain and suffering.

According to the News Herald, Gulf Power spokesman Jeff Rogers says his company was never included in the lawsuit and the judgment is not binding. If upheld, Gulf Power’s portion of the judgment would total $597,360, according to the verdict.

Mesothelioma is a deadly cancer caused by exposure to asbestos. It affects the lining of the lungs and, less commonly, the stomach and/or heart.

SOURCE: Mesothelioma Lawyer › Florida jury awards nearly $1 million for mesothelioma death

The firm of Doran & Murphy handles cases of mesothelioma cancer injury, as well as other personal injury. Michael Doran had been practicing law for more than 25 years.

Our thoughts and prayers go out to the families, co-workers and colleagues of these professionals.

SOURCE: Mesothelioma Lawyer › Mesothelioma attorneys killed in plane crash

St. John passed away Feb. 28, two days before the lawsuit was scheduled to begin. The funeral was held last week, but the funeral home was prevented by a court order from burying the body, and directed to instead return it to the coroner’s office pending the judge’s ruling regarding the autopsy.

According to the Star-Ledger report, the family is relieved by the judge’s decision and hopeful the defendants will not appeal further, allowing them to bury their loved one.

The St. John family filed suit against about a dozen auto parts manufacturers last summer.

SOURCE: Mesothelioma Lawyer › Judge rules against New Jersey man autopsy in asbestos death case

St. John, 67, passed away as a result of mesothelioma on Feb. 28. He and his family had filed a lawsuit last year alleging he contracted mesothelioma as a result of exposure to asbestos in his family-owned auto repair shop, and naming several auto parts manufacturers in the suit. St. John died two days before the case was to go to trial.

While several of the companies settled with the family, six defendants are going to court – Chrysler Motor Corp., Honeywell International, Carlisle Companies Inc., Bosch Braking System, Maremont Corp., Standard Motor Products, and National Gasket.

The Star-Ledger reports that Superior Court Judge Phillip Paley had rejected a request by the defendants to postpone the burial pending hearings on an autopsy, which the St. John family opposed for “sincere, moral and personal” reasons. The family’s lawyer said the defendants already have a sample of lung tissue from when St. John was diagnosed with mesothelioma.

According to the news report, on Wednesday the appeals court sided with the defendants, which then prevented St. John’s burial pending a final decision on the matter.

SOURCE: Mesothelioma Lawyer › Burial delayed by autopsy demand in asbestos death case

The United Arab Emirates passed a law in 2006 banning the sale of sheets of asbestos. Asbestos has been linked to diseases including asbestosis, a severe scarring of the lungs; and mesothelioma, a deadly cancer that affects the lining of the lungs and, more rarely, the abdomen.

The Dubai Municipality is striving to put checks in place that would oversee the removal of asbestos from demolition sites and ensure that it is disposed of properly, but workers says they are regularly approached by people offering to buy the asbestos they are removing from a site, the Times reports.

It is estimated that between 70 and 80 percent of homes in Dubai contain some asbestos. The material is found most commonly in asbesots building sheets, but has also been identified in asbestos water pipes, floor tiles and decorative wallpaper.

Asbestos generally is not dangerous unless it is disturbed, when it releases microscopic fibers that can be inhaled and which remain in the body indefinitely. A large part of the problem is that people are unaware of the lurking danger and expose themselves to these fibers during home renovation projects.

Asbestos has been popular because of its low cost, so it is more commonly found in lower cost accommodations, the Times reports.

SOURCE: Mesothelioma Lawyer › Asbestos available on black market in Dubai

The housing projects include residences along Garden Street, Hawthorne Terrace, Normal Street and Taylor Street, which were constructed in the 1950s. Asbestos in these structures covers pipes as insulation. According to the Pocono Record, an engineer hired by the Housing Authority has assured the organization that the asbestos materials are not hazardous in their present state, as they are not releasing any airborne particles that might be a threat for inhalation or ingestion.

Asbestos causes diseases including asbestosis, which is a severe scarring of the lungs, and mesothelioma, a deadly form of cancer that affects the lining of the lungs and, more rarely, the abdomen.

The news report says the Housing Authority will hire a properly certified asbestos abatement company to remove the asbesots, and all precautions will be taken to protect residents during the removal. Work is expected to begin April 15.

SOURCE: Mesothelioma Lawyer › Pennsylvania public housing to undergo asbestos removal

When asbestos is disturbed, it releases microscopic fibers that can be inhaled, and which can imbed themselves in the lungs or abdomen. Exposure to these fibers can lead to asbestosis, a severe scarring of the lungs, or mesothelioma, a cancer that affects the lining of the lungs and, more rarely, the abdomen.

The problem, according to a report in the Kent News, is that it is difficult to accurately monitor the asbestos in the schools. The News quotes Dr. Alastair Stewart, a consultant chest physician, who recommend an independent assessment of the schools to locate any asbestos and determine the safety of the situation.

Another factor that makes it difficult to assess whether schools that contain asbestos materials are safe is that it is still largely unknown how much exposure to asbestos fibers is too much. Currently, the standard thought is that any asbestos exposure can be dangerous.

The school asbestos study was produced by the BBC, and aired on its Inside Out program. Experts interviewed on the show pointed to an alarming rise in mesothelioma cases among schoolteachers, and expressed concern for children, in whom the asbestos danger may be latent.

According to the News, asbestos is present in 554 of Kent’s 559 schools, and in 111 out of 116 schools in Medway.

SOURCE: Mesothelioma Lawyer › UK school officials work to reassure parents about asbestos dangers

Upon discovering the material, Robinette Demolition notified the Illinois Environmental Protection Agency, as required by law, and hired a licensed asbestos removal firm to properly dispose of the material. The abatement company completed the job of safely removing the asbestos-containing materials on Thursday. Demolition continued Friday and is scheduled to be complete by Feb. 27.

By notifying the EPA and hiring a specialist to dispose of the materials, Robinette acted properly and responsibly to protect public health. An IEPA spokesperson, Maggie Carson, is quoted in the story praising the company’s good work in the situation.

“Asbestos can be a health hazard it it’s not properly manged,” the News-Gazette quotes her as saying. “It could potentially become friable” (or airborne) if not removed before demolition.

Once airborne, tiny asbestos fibers can be inhaled. Fibers can lodge in the body and cause diseases including asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, more rarely the abdeomen.

SOURCE: Mesothelioma Lawyer › Demolition continues after asbestos removal at Illinois site

According to the EPA news release, the violations occurred  in the spring and summer of 2002 at a vacant commercial property. The building in question dates back to the 1800s. The property is owned by Cutting Edge Concepts. Anderson Wilcox is a construction company hired by the owner to perform renovation and construction work at the property.

The release states, “Despite being aware of the likelihood that asbestos was present throughout the basement of the building, the two companies failed to conduct any bulk sampling of suspected material to confirm the presence of asbestos. Nor did they follow proper procedures for the safe removal and disposal of asbestos. ”

The EPA says the companies instead directed a subcontractor to remove suspected asbestos-containing materials from the basement and dispose of these materials in ordinary trash dumpsters. The subcontractor also removed a large amount of vinyl floor tile that were also believed to contain asbestos, and these also were disposed of in open-air trash dumpsters.

The companies were accused of violating the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants for asbestos.

Exposure to airborne asbestos particles can result in serious asbestos related diseases, including asbestosis and mesothelioma, a deadly cancer.

SOURCE: Mesothelioma Lawyer › EPA fines New Haven company for faulty asbestos removal

The story, reported by The Mainichi Daily News, says the settlement was mediated in Yokohama District Court. Two companies that now operate in place of JNR – Japan Railway Construction, Transport and Technology Agency, and the Japan Freight Railway Co. (JR Freight) – will pay the settlement.

The News estimates about 100,000 former JNR workers may have been exposed to asbestos on the job.

SOURCE: Mesothelioma Lawyer › Japan railway companies settle asbestos suits for 17M yen each

The case was heard in San Francisco Superior Court last month. The Times-Herald reports that two weeks into the case, the last of the defendants settled out of court. It is believed the settlement is the richest in California history, particularly for a person of Hilt’s age, the paper reports.

According to the Times-Herald, it is believed that Hilt was exposed to asbestos at a series of jobs in the San Francisco area beginning in 1963 and continuing through 1972, during which he was employed as a janitor and later as a machinist in two shipyards, where he worked on submarines. Following his stint in the shipyards, Hilt worked for the U.S. Mint in San Francisco until 2004. He and his wife, Geraldine, have lived in Vallejo for about 20 years.

SOURCE: Mesothelioma Lawyer › California man awarded $7.5M in mesothelioma case

According to the original settlement, a federal bankruptcy court established a trust fund to cover claims against the asbestos manufacturer. Then, in 2002, new claims were filed against Johns-Manville, and the 2nd U.S. Circuit Court of Appeals allowed the claims to go forward.

Travelers is appealing to the Supreme Court on the basis that the new lawsuits should be barred by the 1986 settlement.

According to a report by the Dow Jones Newswires, published on Morningstar, in its appeal Travelers said, “The Second Circuit’s decision undermines important principles of judicial finality.”

The AP report says the appeals court overturned the settlement based on the notion that a bankruptcy judge does not have the authority to act in such a broad manner.

The Supreme Court will hear arguments in March.

SOURCE: Mesothelioma Lawyer › Supreme Court could reinstate Travelers asbestos settlement

According to the news story, plaintiff Joseph Simonetta has lung cancer, and Vernon Braaten has mesothelioma. Simonetta worked on an evaporator while Braaten was a pipefitter. They claim they were exposed to asbestos during these jobs, resulting in their illness.

The court ruled 6-3 in favor of the defendants in each case, finding that “since the defendents didn’t make, sell or recommend the use of asbestos, they couldn’t be held liable,” according to the Seattle Times report.

The plaintiffs argued that the companies should be liable “because asbestos was key to use of the equipment,” the story states.

SOURCE: Mesothelioma Lawyer › Seattle court rules manufacturers not liable in asbestos case

The Supreme Court ruled in favor of the Texas companies by unanimous vote, overturning a lower court ruling that would have allowed the trial to take place in the state. Richards brought suit against 21 defendants after being diagnosed with mesothelioma in 2005. All defendants manufactured or sold asbestos materials, according to the news report. Three of the defendants are based in Texas.

Richards worked as a mason, and regularly handled pipe insulation made with asbestos as part of his job.

The case was initially brought before a Texas state court in Dallas. At that point, seven of the defendants asked that the trial be moved to Maine, citing the Texas code of “inconvenient forum.” Richards and his attorneys objected to the move, as they feared it would result in the case ultimately being assigned to the U.S. District Court in Philadelphia as part of a multidistrict asbestos litigation. Mr. Richards feared he would not live long enough to see a trial in that case.

Unfortunately, Mr. Richards passed away before the case made it to oral deliberations before the Texas Supreme Court in September.

The three defendants that appealed the Texas state court decision to try the case in Texas were GE, Ingersoll and Warren Pumps. The Supreme Court decision can be found in In Re General Electric Co. et al. The case will be moved to Maine.

SOURCE: Mesothelioma Lawyer › Meso patient dies while Texas court debates inconvenient forum

According to a report by 2theadvocate.com, a news site produced by The Advocate and WBRZ News 2 in Louisiana, Rando filed suit in Baton Rouge state court, naming his former employers on a construction project with asbestos-involved installation work. The 19th Judicial District Court awarded $3.2 million in damages against eight companies named equally in the suit. Six of the companies settled out of court.

The 1st Court of Appeal upheld the judgment against the two defendants appealing the verdict, Parsons Infrastructure & Technology Group Inc. and Jacobs Construction. At that point, they appealed to the state Supreme Court.

Rando worked for the two contractors in 1972. According to the news report, they say Rando’s suit is banned by an exclusivity provision for occupational diseases under the Louisiana Workman’s Compensation Act of 1952, which was in effect when Rando was in their employ. However, the 1st Circuit ruled that version of the worker’s comp law did not include mesothelioma or asbestos in its provisions for work-related disease.

Federal limits for asbestos exposure were not created until 1971.

SOURCE: Mesothelioma Lawyer › Louisiana Supreme Court hearing mesothelioma verdict appeal

A jury hearing the case was asked to award Mr. Morton’s family $10 million in damages against Exxon, because the company knew the risks of asbestos in its ships but did nothing to warn workers of the danger, according to the news story.

Attorneys for Exxon argued the asbestos could have come from any number of vessels or other sources, not just the Exxon-owned craft. They pointed out Morton worked on many types of ships, including Navy ships and cargo ships.

According to the news report, Exxon said it did not know of the dangers of asbestos on it ships until the late 1970s, but Morton’s lawyers alleged Exxon knew about the dangers of asbestos as early as 1937 and cited a 1964 letter from Exxon in which a company official warns that asbestos may be dangerous even to those who do not work in direct contact with the substance.

On Tuesday, the Newport News Circuit Court jury sided with Exxon-Mobil. According to the Daily Press, jurors felt the shipyard should be held responsible for Mr. Morton’s illness. However, the shipyard is protected by worker’s compensation immunity.

SOURCE: Mesothelioma Lawyer › Meso lawsuit in Virginia tries new twist on asbestos litigation

BBC reporter Andrew Hosken talks to people in northeast England, a heavily industrialized area where the rate of mesothelioma has been steadily increasing. It is believed most meso victims in this area were exposed to asbestos through their jobs in ship building and steel manufacturing.

Listen to the BBC Report.

SOURCE: Mesothelioma Lawyer › BBC report estimates 100,000 mesothelioma deaths possible

According to the site, ZAI is a loose-fill, non-roll vermiculite home attic insulation that may contain naturally occurring asbestos.  It was sold from the 1920/1930s to 1984, and it was sold or manufactured by Grace under the brand name of “Zonolite Attic Insulation” and under other brand names, including: Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofil, Quiselle Insulating Fill, Sears Micro Fill, Ward’s Mineral Fill, Wickes Attic Insulation, Attic Plus, Mica Pellets Attic Insulation, Unifil and Cashway Attic Insulation.

ZAI may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. ZAI may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation.

There is a helpful Question & Answer page on the W.R. Grace Bankruptcy Claims Information site.

BEASLEY ALLEN IS NOT INVOLVED IN THE ZONOLITE LITIGATION. THIS INFORMATION IS MERELY PROVIDED AS A SERVICE TO THOSE WITH ZONOLITE INSULATION. TO LEARN MORE ABOUT FILING A ZAI CLAIM, PLEASE VISIT THE GRACE BANKRUPTCY CLAIMS INFORMATION SITE at www.graceclaims.com to download the forms necessary to file your claim.

SOURCE: Mesothelioma Lawyer › Deadline nearing for W.R. Grace ZAI insulation abatement claims

The 2004 law requires that a medical expert personally treat the claimant rather than just review their files and that plaintiffs must offer specific medical evidence that asbestos exposure caused disease or medical impairment. Enacted on Sept. 2, 2004, it made the requirements retroactive to lawsuits filed before that date.

The state Supreme Court said Wednesday the law was valid because the changes were “remedial and procedural” and not in violation of the Ohio Constitution, which bars retroactive laws that change the nature or substance of a law.

Asbestos is a fibrous mineral commonly used until the mid-1970s in insulation and fireproofing material. The U.S. Department of Health and Human Services says the fibers can remain in lung tissue for long periods and that significant exposure to the material increases the risk of lung cancer, mesothelioma and other ailments. The diseases often take decades to develop.

The latest ruling concerned the case of Linda Ackison, who filed a wrongful death lawsuit in May 2004 – months before the evidentiary requirements were enacted – against her late husband’s former employer, Dayton Malleable, among other defendants. The suit alleged that long-term exposure to asbestos in the workplace contributed to the illness and death of her husband, Danny.

Attorneys for Linda Ackison sued, arguing that the heightened requirements made substantive changes to the state’s law and that the less stringent legal standards in effect when she sued should have been applied.

Richard Schuster, an attorney for several Fortune 500 companies and other businesses sued by Ackison, called the high court’s ruling significant, both to the companies and to Ohio’s ailing economy.

“For the businesses located here in Ohio, it will allow the cases to come off their books and allow them to focus on doing business and, hopefully, hiring people here in Ohio,” he said. “It really focuses the attention on those people who are ill, who have a real disease, and allows those cases to move through the courts, which have been clogged up by people who weren’t sick.”

Vin Green, an attorney for Ackison, called it “completely and totally inaccurate” to say that those who filed asbestos-related lawsuits aren’t sick.

“If you have damage to the lining of your lungs, you are sick,” he said. “The extent to which you’re symptomatic is going to vary from case to case.”

Green condemned the high court for what he said was a ruling on the side of big business. “It’s a result-oriented decision in favor of corporations against injured Ohio citizens,” he said.

After the Georgia Supreme Court struck down the retroactivity of that state’s asbestos litigation law, state lawmakers passed another law that has not been challenged in court, Schuster said. A challenge to a similar law in Florida is before the courts and a decision is expected next year. A Kansas law has not been legally challenged.

SOURCE: ASSOCIATED PRESS

SOURCE: Mesothelioma Lawyer › Ohio Supreme Court changes the rules for asbestos victims seeking justice

Although the LADWP owned the structures, located near Niland, Calif., government regulations still require that the EPA be notified of demolition before it occurs, in compliance with the Natural Emissions Standards for Hazardous Air Pollutants regulations for asbestos.

The measure is in place as a precaution, to avoid accidentally releasing harmful asbestos fibers into the air, says Deborah Jordan, director of the Air Division for the EPA’s Pacific and Southwest region. She is quoted as saying, “We can avoid creating a public health threat from airborne asbestos by following the safeguards required by law.”

The inhalation of asbestos can cause serious illness including asbestosis and mesothelioma, a deadly cancer affecting the lining of the lungs and abdomen.

The news release did not report any danger as a result of the building demolition.

SOURCE: Mesothelioma Lawyer › EPA taps LA Water and Power for asbestos violation

In a news release dated Sept. 17, Alfacell President Lawrence A. Kenyon says, “We continue to make progress on the completion of our rolling new drug application (NDA) and have undertaken this project in an effort to accelerate the recognition of the value of ONCONASE (R) as a potential treatment for cancer indications in addition to mesothelioma.”

The company’s website describes ONCONASE as a first-in-class therapeutic product candidate based on Alfacell’s proprietary ribonuclease (RNase) technology. A natural protein isolated from the leopard frog, ONCONASE has been shown in the laboratory and clinic to target cancer cells while sparing normal cells. ONCONASE triggers apoptosis, the natural death of cells.

According to the news release, Alfacell has completed Phase III clinical trials of ONCONASE in unresectable malignant mesothelioma and, in addition to ongoing efforts to complete the related rolling New Drug Application, Alfacell is currently planning for Phase II clinical trials in other oncology indications.

ONOCONASE has been granted fast-track status and orphan-drug status in the treatment of malignant mesothelioma by the FDA, and also has been designated as an orphan-drug in Eurpore and Australia. In the United States, Alfacell has licensed commercial rights for the drug to Strativa Pharmaceuticals. The company also has secured agreements with other companies to market the product in Korea, Taiwan, Hong Kong, Eastern Europe, Southeastern Europe, and Israel.

Alfacell officials say there is no guarantee that the review of its financial strategies will result in a sale of the company, and there are no current negotiations with any buyers. The company says it will not reveal plans for development of ONCONASE beyond the treatment of mesothelioma, or any other product, until its board of directors has approved a specific transaction.

For more information, visit Alfacell online.

SOURCE: Mesothelioma Lawyer › Mesothelioma drug maker Alfacell looks for buyer

The Food and Drug Administration (FDA) announced today that the drug can be used as a first-line treatment for advanced and metastasized non-small cell lung cancer, according to CNNMoney.com. According to the report, the manufacturer said Alimta was approved previously as a secondary treatment for non-small cell lung cancer, following chemotherapy, as well as a treatment for malignant mesothelioma, which affects the lining of the lungs.

Mesothelioma is caused by exposure to asbestos.

The new approval authorizes Alimta as a treatment for the most common form of lung cancer in combination with a standard chemotherapy drug, cisplatin, the report says.

SOURCE: Mesothelioma Lawyer › Alimta now approved for lung cancer

The study notes that despite asbestos regulations, in place in the U.S. since the 1970s, around 200,000 people are diagnosed each year with asbestosis, and there are approximately 4,000 asbestos-related deaths annually. Diagnoses include mesothelioma, asbestosis, fibrosis and lung carcinoma.

Because of the complexity of response to asbestos and the many unanswered questions about its effect on the human body, researchers felt there was a need for a systems biology approach. The study focused on the introduction of crocidolite asbestos in A549 human lung ephithelial cells.

Researchers catalogued a comprehensive data set documenting crocidolite-induced changes in the sample lung cells, and explored the effects of crocidolite in the context of known molecular interactions.

As a result of the study, researchers mapped a complex system of communications between known and previously unknown asbestos-related genes, and identified novel, putative crocidolite-related genes. From this, they were able to develop new hypotheses regarding genes that are important to the asbestos response.

Among its conclusions, the BMC Genomics report says this study represents the first function-based global approach toward understanding the response of human lung epithelial cells to the carcinogen crocidolite, and provides a broad base for further research to follow.

SOURCE: Mesothelioma Lawyer › Study explores genetic link to asbestos disease

The $9.8 million improvement project expands the existing facilities, adding new classrooms, relocating some offices for more efficient use of space, and improving the auditorium. Prior to construction beginning, the contractor identified areas where it expected to find asbestos, and planned proper abatement procedures, which include isolating and sealing the affected areas while removing the substance using proper hazardous materials equipment, clothing and respirators to avoid inhalation of asbestos fibers.

Asbestos is linked to mesothelioma, a deadly cancer affecting the lining of the lungs and, less often, the abdomen. It also is linked to asbestosis, a severe scarring of the lungs that can seriously impair breathing.

After evaluating the job sites within the school, the contractors discovered asbestos in vinyl composition tile flooring in the school’s commons area, which was scheduled for expansion. Proper abatement of this area added two weeks to the project timeline.

The school’s opening is delayed to Monday, Sept. 8, from an original date of Sept. 2, but construction is ongoing, with the project at about 50 percent completion. However, all asbestos has been safely removed, according to school officials.

School officials say students were never in any danger from the asbestos in the facility, as it was completely contained, and there were no airborne particles. Proper abatement procedures have insured safety going forward, they told the Daily News.

Temporary walls have been constructed to keep students away from construction areas. The new classrooms are projected to open in November, and the project should be complete in December.

SOURCE: Mesothelioma Lawyer › asbestos delays school renovation

When signs were posted announcing the asbestos abatement project at the school, parents were concerned, and recent visits to the ball field found it empty. However, town officials insist that the park is safe.

The Post says the asbestos abatement project is being done under the direction of Environmental Assessment and Solutions Associates, a professional abatement company, and that all asbestos levels are being monitored.

Asbestos exposure is a cause for concern, because inhaling the microscopic fibers can lead to serious lung diseases including asbestosis – a scarring of the lungs – and mesothelioma, a deadly cancer of the lining of the lungs and/or the abdomen.

SOURCE: Mesothelioma Lawyer › asbestos scare halts play

According to a report in the Chicago Tribune, Midwest Generation has permission to sift the nearly 15,000 cubic yards of sand to find out if enough of the asbestos particles contained in the sand can be removed to make the sand safe for use in a state road building project.

The Tribune story says Midwest Generation’s sand pile is next door to an abandoned Johns Manville factory that made asbestos shingles and pipe for more than sixty years.

Because asbestos is hazardous at even low levels of exposure, the EPA is requiring the power company to contain the test sift operation within a tent, and to operate special fans and filters to screen out tiny asbestos particles. The company also is required to test the air daily.

Exposure to asbestos can cause asbestosis, a severe scarring of the lungs that impedes breathing and can cause death, and mesothelioma, a deadly cancer.

If the testing process proves to successfully remove the danger of asbestos exposure from the sand, the company will have the green light from the EPA to begin a large-scale sifting operation to clean the sand.

SOURCE: Mesothelioma Lawyer › Sifting sand for asbestos

The medical report, which was published by the American Journal of Industrial Medicine, was written by Dr. Alan Whitehouse, a pulmonologist, and four other physicians, including Dr. Brad Black, also practicing at CARD. The center primarily serves Libby residents who were affected by the W.R. Grace operated vermiculite mine, which was in operation for many years, and at high capacity from the 1940s to the 1970s.

An important point in the new study is that people who had no direct relation to the mine are being diagnosed with mesothelioma. These people are affected by secondary exposure to the asbestos dust released in the mining operation, the report suggests.

The journal article examines 31 cases of mesothelioma that are linked to Libby asbestos exposure, and specifically examines 11 mesothelioma cases not previously reported to CARD. According to the report, the cases occur in non-occupationally exposed people, and appear to have resulted from exposure to contamination of the community, the surrounding forested area, and areas in proximity to the Kootenai river and the railroad tracks used to haul vermiculite.

The results of the study conclude “an epidemic of mesothelioma can likely be expected from this type of asbestos contamination over the next 20 plus years.”

According to the Daily Inter Lake report, more than 200 asbestos deaths have been confirmed in Libby, and the CARD clinic is following about 2,000 additional asbestos cases.

This report is part of an ongoing project in Libby to study the effects of asbestos on the body and to research treatment. In June, the U.S. Department of Health and Human Services and the Environmental Protection Agency announced an $8 million grant to fund a study of the effects of low-level asbestos exposure, like the secondary exposure in Dr. Whitehouse’s study. The EPA study is expected to last 5 years.

SOURCE: Mesothelioma Lawyer › Libby meso epidemic predicted

This ruling affects property-related claims that could include the cost of abatement or removal, the diminution of property value, economic loss or other property-related claims cause by ZAI manufactured by Grace.

The Bar Date does not apply to asbestos property damage claims, medical monitoring claims, non-asbestos claims, settled pre-petition asbestos personal injury claims or non-settled asbestos personal injury claims. Those bar dates have passed.

According to the release, ZAI is a loose-fill, non-roll vermiculite home attic insulation that may contain naturally occurring asbestos.  It was sold from the 1920/1930s to 1984, and it was sold or manufactured by Grace under the brand name of “Zonolite Attic Insulation” and under other brand names, including: Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofil, Quiselle Insulating Fill, Sears Micro Fill, Ward’s Mineral Fill, Wickes Attic Insulation, Attic Plus, Mica Pellets Attic Insulation, Unifil and Cashway Attic Insulation.

For more information, read the complete release here, or call 1-877-465-4817 for a copy of the Bar Date Notice, ZAI Proof of Claim Form and instructions for filing a claim, or VISIT THE GRACE BANKRUPTCY CLAIMS INFORMATION SITE at www.graceclaims.com to download the form.

SOURCE: Mesothelioma Lawyer › File Grace abatement claim by Oct. 31

The stage was set for the criminal trial to begin when, on June 23, the U.S. Supreme Court rejected the appeals of W.R. Grace & Co. Judge Molloy signed the court order on July 9 originally setting the status hearing for Oct. 1, after receiving two notices from the Ninth Circuit Court of Appeals, according to story published yesterday by Montana’s News Station.com, the CBS affiliate for the area. The hearing was later rescheduled for Oct. 24, and Molloy allowed two new defense attorneys to join the case.

The mandates from the Ninth Circuit Court of Appeals signal the end of the appeals process. A trial date could be set at the status hearing.

Asbestos touched the lives of everyone living in Libby, as it the mineral was used extensively throughout the town in projects like ballfields, a school running track and in people’s gardens. Hundreds of residents have died from mesothelioma and other asbestos-related diseases, and everyone is at risk of developing some form of asbestos disease in the future.

SOURCE: Mesothelioma Lawyer › Libby criminal hearing Oct. 24

According to a report in The Western News, a publication in Libby, Mike Cirian, a remedial on-site manager with the EPA, found the 6-inch wide, 50-yard long line of vermiculite in a high-traffic area in the park, alongside the boat ramp and on the building site of a new pavilion that was slated to begin construction today.

The park was cleaned once by W.R. Grace, which owned and operated the vermiculite mining operation that is blamed for the deaths of more than 200 people from mesothelioma and asbestosis, and the asbestos-related illnesses of thousands more; once during the building of the boat ramp; and a third time by the EPA, which dug down as far as 18 inches to remove asbestos contaminated soil.

Cirian does not believe the asbestos could have come up from the soil, but has no other theories about how the material got into the park. However, officials are not ruling out the possibility that it was dumped at the site intentionally.

By the time the asbestos was identified in the park, it had been crushed and scattered by vehicles, and it is estimated that an area of 12,000 square feet must now be cleaned of potential contamination, at a cost of thousands of dollars.

City officials say anyone caught intentionally dumping hazardous asbestos will be prosecuted under a felony Criminal Mischief law.

SOURCE: Mesothelioma Lawyer › Mystery vermiculite find in Libby park

The Illinois Dunesland Preservation Society, an environmental advocacy organization, dubbed the area “Asbestos Beach.”

This weekend, columnist Carol Marin of the Chicago Sun Times – the newspaper that initiated an investigative series about the beach back in 1997 – questioned why residents and visitors that use the six-and-a-half-mile park on the shores of Lake Michigan still do not have answers about asbestos danger at the site. Asbestos can cause mesothelioma, as well as asbestosis and other asbestos related diseases.

Marin points out that during the past 10 years, Illinois and federal officials have assured people the Illinois Beach State Park is safe, even though internal documents from the EPA indicate serious concerns about the area, and a 2006 study shows “significantly elevated” levels of asbestos at the park.

In 2007, she reports, the EPA’s Environmental Response Center conducted another test of the area. EPA personnel in haz-mat gear, including full respirators, stirred up the sand with typical beach activities like volleyball and games of Frisbee, she said, to measure the amounts of asbestos fibers released into the air. Nearly a year later, there still are no definitive answers.

Summer is in full swing, and the beach is open for business. Meanwhile the EPA acknowledges “low levels of potential asbestos exposure for recreational users,” Marin reports, but the full report will not be available until August, “when … beach season will be all but over for another year.”

Too little, too late, again?

SOURCE: Mesothelioma Lawyer › Asbestos Beach open for summer

The prison site is located off U.S. 58, east of Independence, according to the Journal report. Work on the site stopped May 9, when a contractor grading the site noticed a brownish material softer than the surrounding rock that appeared to be asbestos, the paper says. Officials then tested the material and confirmed that it is asbestos.

According to the Journal story, the prison is slated to open in 2010, and was actually ahead of schedule, so delays to deal with the asbestos shouldn’t hamper its planned completion date. However, the State hadn’t planned on the additional costs that will be accrued in the removal process. The prison is expected to create 375 jobs and an estimated payroll of $6 million.

SOURCE: Mesothelioma Lawyer › Asbestos find stalls work on prison

In a media release from the facility, Dr. Robert Taub, director of the Mesothelioma Center at New York-Presbyterian/Columbia and professor of clinical medicine at Columbia University College of Physicians and Surgeons, who is the study’s principal investigator, explains current surgical and chemotherapy treatments for patients with mesothelioma are unsatisfactory, showing little efficacy in prolonging patient survival.

The trial is hoped to find a new option that avoids the often debilitating effects of the surgery, and also reduces toxic side effects associated with traditional systemic chemotherapy. Researchers hope the radiation therapy will kill cancer cells on the surface of the lung while sparing other parts of the lung and surrounding tissue, according to the release.

Clinical trial information states that participating patients will receive several rounds of targeted chemotherapy via surgically implanted catheters, and some patients also will be randomly selected to receive additional systemic (intravenous) chemotherapy. All patients will receive targeted radiotherapy. Patients also may elect to receive additional surgical treatment, including removal of the affected lung lining or lung.

“Overall, it is hoped that this study will decrease the need for patients to undergo radical surgery,” states Dr. Joshua Sonett, study co-investigator, chief of general thoracic surgery, surgical director of the Lung Transplant Program and surgical director of the High-Risk Lung Assessment Program at NewYork-Presbyterian/Columbia and professor of clinical surgery at Columbia University College of Physicians and Surgeons.

Dr. Taub says this is the only study of its kind nationwide to offer this experimental therapy.

The study is being conducted at the Mesothelioma Center within the Herbert Irving Comprehensive Cancer Center at NewYork-Presbyterian Hospital and Columbia University Medical Center.

For information about these trials please call the HICCC Clinical Research Mangement Office at (212) 305-8615.

SOURCE: Mesothelioma Lawyer › Clinical trial for pleural mesothelioma

The court decision opens the door for a court date to be set. The criminal charges were initially filed in 2005, and alleges the chemical company knowingly endangered the lives of mine workers and other Libby residents, according to the Missoulian. Asbestos disease devastated the town of Libby, affecting miners who worked in the now-closed vermiculite mine. In addition, asbestos touched the lives of everyone living in Libby, as it the mineral was used extensively throughout the town in projects like ballfields, a school running track and in people’s gardens.

Hundreds of residents have died from mesothelioma and other asbestos-related diseases, and everyone is at risk of developing some form of asbestos disease in the future.

“We all – everyone in Libby – live under the threat of developing mesothelioma,” says Gayla Benefield, perhaps one of the best-known residents of Libby for her early outcry about the health effects of asbestos on the people in her town. She was a charter member of the board of directors of the Center for Asbestos Related Disease (CARD), a not-for-profit clinic governed by a volunteer community board and devoted to healthcare, outreach, and research to benefit all people impacted by exposure to Libby amphibole asbestos. She only recently retired from her position with that organization.

According to the Missoulian, the case will move back to U.S. District Judge Donald W. Molloy of Missoula, who has made it clear that he wants to bring the case to trial as soon as possible and has set firm deadlines for the attorneys on both sides.

The Missoulan states that David M. Uhlmann, former chief of the Justice Department’s Environmental Crimes Section and currently director of the Environmental Law and Policy Program at the University of Michigan, has called the Grace prosecution “one of the most significant cases ever brought under the federal environmental crimes program.”

SOURCE: Mesothelioma Lawyer › Supreme Court rejects Grace appeal

ExxonMobile was found responsible for the mesothelioma cancer last year. The trial to determine damages began approximately two weeks ago, resulting in the $7.5 million verdict in favor of Mrs. Anderson. According to the report, ExxonMobile plans to appeal the verdict.

SOURCE: Mesothelioma Lawyer › $7 million New Jersey verdict

The News says OSHA submitted 17 citations against the hospital, all related to asbestos, and one a repeat citation related to the facility’s failing to notify employees of the presence of asbestos and its potential health risk. The hospital was previously cited for this in April 2006. The newspaper reports OSHA investigated the hospital after an employee complained of working with asbestos without adequate protection.

Asbestos is the only known cause of mesothelioma, a terminal cancer that affects the lining of the lungs and, more rarely, the abdomen, as a result of inhaling asbestos fibers.

The hospital will meet with OSHA officials this week to discuss the citations and will have the opportunity to contest the fines at that time.

SOURCE: Mesothelioma Lawyer › OSHA fines Niagara Falls facility

The group was founded by Karen Banton, whose husband, Bernie Banton, died of mesothelioma in November 2007. Mr. Banton was a high-profile spokesperson for asbestos disease in Australia. He contracted mesothelioma after working for building materials company James Hardie, according to a report in the Brisbane Times.

According to the ABC report, Dr. Roger Allen at Wesley Hospital says 27,000 Australians are expected to die of mesothelioma in the next 40 years. He is quoted as saying, “We don’t even know why certain types of asbestos cause mesothelioma. They occur in various ratios so that some types of asbestos fibres are more virulent than other, are more likely to produce cancer. They’re really basic questions that we can’t even answer.”

SOURCE: Mesothelioma Lawyer › Oz tackles asbestos disease research

Rando was initially granted the $3.2 million verdict about 15 months ago. The Louisiana Court of Appeal found that because the Louisiana Workers’ Compensation Act does not cover mesothelioma, leaving former employees injured by the occupational hazard of asbestos with no other recourse for compensation, lawsuits brought against employers for mesothelioma cannot be barred on the basis of workers’ compensation.

The appeals court also ruled that the claims Rando made against his employers fell within statute exceptions because his employer, which was a turn-key construction company working onsite at chemical plants, had control over the conditions at the construction sites where Rando was exposed to asbestos.

Source: http://www.reuters.com/article/pressRelease/idUS157278+19-May-2008+PRN20080519

SOURCE: Mesothelioma Lawyer › $3.2 million meso verdict upheld

Mesothelioma (a.k.a asbestos cancer) is a highly aggressive and rare form of cancer. Mesothelioma typically occurs in the lining of the lung (pleural), however it can also occur in the lining of the heart (pericardial) and abdominal cavity (peritoneal).

The only known cause of mesothelioma is exposure to asbestos.

Please contact us today for a free mesothelioma case evaluation.

SOURCE: Mesothelioma Lawyer › Now reviewing mesothelioma cases

According to a May 27 report by the Environment News Service, asbestos fibers were released daily from the Johns-Manville Asbestos Superfund site in Waukegan, Ill., and carried south by Lake Michigan’s currents for at least the past 20 years. The Superfund site is adjacent to the south end of Illinois Beach State Park.

ENS is an independently owned and operated daily international wire service for environmental news, established in 1990.

The ENS report goes on to say that water from the Superfund site is periodically released into Lake Michigan, allowing millions of asbestos fibers per liter of water to contaminate the lake, according to tests conducted by the Environmental Protection Agency in 2002.

Oak Street Beach has the largest deep-water swimming area in the city, and is regularly used for recreational boating, swimming and scuba, as well as by athletes training for triathlons and other races and water sports.

The Illinois Dunesland Preservation Society warns that asbestos is present at Oak Street Beach at rates hundreds of times higher than in common urban settings. Among their precautions for people using the beach are to avoid eating and drinking at the beach, to avoid disturbing the sand and thereby stirring up the asbestos fibers, to shower thoroughly and clean all belongings prior to leaving the beach, and to isolate items used at the beach. Beachgoers are warned to use care in cleaning materials from the beach, avoiding sweeping or vacuuming, which might stir up dust and release asbestos fibers into the air.

However, according to the ENS report, an EPA Region 5 official says results of its study, conducted in September 2005, reveals asbestos concentrations no higher than levels that would be expected in urban areas, and maintains that recreational activity at Oak Street Beach is not a health hazard.

Despite this report, a web site apparently operated by the Illinois Dunesland Preservation Society dubs the beach “Asbestos Beach” and says Illinois and federal officials knowingly dump asbestos-contaminated dredged sand on state beaches.

SOURCE: Mesothelioma Lawyer › Asbestos Beach

The Somerset, N.J.-based biopharmaceutical company said a statistically significant improvement in survival was seen in the treatment of UMM patients who failed one prior chemotherapy regimen. Alfacell said it will submit a new drug application to the Food and Drug Administration for the treatment of this patient population.

The Phase IIIB trial was designed to show a statistically significant improvement in overall survival for patients treated with a combination of onconase plus doxorubicin versus patients treated with doxorubicin alone.

The stock closed the regular session up 5 cents at $1.70.

SOURCE: Mesothelioma Lawyer › Mesothelioma Drug Fails Trial

The ruling by a three-judge panel of the New Jersey Superior Court overturns an earlier decision and clears the way for a products liability case to proceed in the Garden State against Perrysburg, Ohio-based Owens-Illinois, which manufactured the insulation in factories Sayreville and Berlin, New Jersey.

The plaintiffs in the case are 15 Spanish citizens who claim they developed asbestos-related illnesses – specifically, asbestosis — while working on Naval warships in Rota and Cadiz, Spain, between 1950 and 1998.

Lawyers for Owens-Illinois had argued that the case should be heard in a Spanish court.

At issue is exposure to an asbestos-containing insulation manufactured by Owens-Illinois – under the name Kaylo – from 1943 to 1958 in the two factories in New Jersey. The company sold the Kaylo line of products to Owens-Corning Fiberglass Corp. in 1958 and has not made asbestos-containing products since.

In overturning the earlier ruling, the judges found that, wherever they are docked, Navy warships are considered U.S. territory and liability for the plaintiffs’ exposure should therefore be heard in a U.S. court, not a Spanish one.

The decision remands the case to Superior Court for trial.

SOURCE: Mesothelioma Lawyer › Spaniards Can Sue

According to the report, two-time convicted felon John Edward Callahan was sentenced to 21 months in prison for improperly removing cancer-causing asbestos from a government building in Roanoke, Va., without following federal environmental laws according to the U.S. Attorney’s Office and the U.S. Environmental Protection Agency. Callahan also used homeless men to conduct the work.

“The defendant not only broke a law designed to protect the public from exposure to a known carcinogen like asbestos, but also used untrained and vulnerable homeless people to do the work for him,” said Granta Nakayama, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance, in an Aug. 1 EPA news release.

The City of Roanoke hired Callahan to remove asbestos-containing material from a building in March 2004. Callahan hired three homeless men to do the work, knowing the men were not certified or properly trained to remove asbestos. Callahan paid each man $10 per hour for over three days of work.

Callahan did not provide the homeless men with adequate protective gear and instructed them to cut the asbestos-containing material with knives and hack saws without first wetting it, which is required by federal law to safely remove asbestos. By not wetting the materials first, the men created harmful asbestos dust that could be inhaled.

As part of the investigation, EPA’s forensic laboratory in Denver conducted sampling and analysis of the materials and confirmed the presence of asbestos, which is commonly used in thermal insulation, fireproofing and other building materials.

When asbestos-containing materials become damaged or disturbed, the fibers separate and may become airborne and inhaled; exposure can result in serious or fatal respiratory diseases, including lung cancer and mesothelioma. EPA requires anyone disturbing building materials that may contain asbestos keep the materials wet in order to prevent the fibers from becoming airborne.

In this case, the asbestos containing material was placed in unmarked garbage bags and was neither properly sealed in leak-tight containers while wet nor labeled with the proper warning labels. Callahan hired a trash hauler to dispose of the asbestos waste at a landfill in Roanoke. Although the landfill had a special area for asbestos-containing material, the waste was improperly disposed of because Callahan failed to identify the waste.

Another company had to be hired at a cost of $12,000 to properly remove the asbestos from the Roanoke building after Callahan started the job. In February 2006, Callahan pleaded guilty to one count of violating the Clean Air Act by knowingly removing asbestos-containing materials without following environmental laws.

SOURCE: Mesothelioma Lawyer › Exposing Homeless to Risk

In October 2007, the Senate companion bill, sponsored by Sen. Patty Murray (D-WA), passed. The House bill toughened the legislation, under the direction of the Environment and Hazardous Material Subcommittee of the House’s Energy and Commerce Committee, eliminating an exception for asbestos present at 1 percent or less by weight, making the ban a matter of federal statute rather than EPA regulation, and adding enforcement provisions.

The Meso Foundation reports the critically needed medical research funding provisions from Sen. Murray’s and Congresswoman McCollum’s legislation have not yet been added to the Committee Print.

In a statement released yesterday in support of including the research funding, the Meso Foundation said, “for the sake of all those already exposed, those now sick, and those who will be exposed in the future to asbestos already in place, we call on the Health Subcommittee to follow Sen. Murray and Congresswoman McCollum in recognizing the necessity of a robust asbestos disease research program, and to adopt the research funding provisions included in their legislation.”

Supporters are urged to contact their Representative in Washington, DC, to urge inclusion of the research funding and swift passage of the complete bill once the funding is in place.

SOURCE: Mesothelioma Lawyer › Support ban asbestos House bill

The study also will include environmental research.

Funding for the program will come from a special insurance fund overseen by the Department of Commerce.

SOURCE: Mesothelioma Lawyer › $4.9 for meso research in Minnesota

Baroni’s case, filed on his behalf by his family, was the first of several lawsuits pending by former Fisher Scientific workers or their estates to be decided by a jury. Other cased settled prior to trial.

The Baroni lawsuit was filed against the companies that provided Fisher with products that contained asbestos, according to the Gazette story. Three of the four companies settled prior to trial, while Taylored Industries elected to continue to trial.

The other companies involved in the suit are F.B. Wright Co., George B. Hamilton, Inc., and one referred to as the Gage Company: Pittsburgh Gage & Supply Co., which now is owned by IU North America Inc.

The Gazette reports all the companies have outlets in the Pittsburgh area and furnished different asbestos-containing products. Some were used in the equipment in the Fisher plant and others were components of the finished items that Fisher manufactured, such as hospital and laboratory equipment and furniture.

SOURCE: Mesothelioma Lawyer › Jury awards $226,000

According to a report on Business Wire, evidence at trial showed that Georgia Pacific knew that asbestos exposure causes disease, and that its product posed a substantial risk to workers. It sold the asbestos containing joint compound until 1977, after the government banned certain uses of asbestos. The Consumer Product Safety Commission said that exposure to asbestos-containing joint compound for as little as six hours a day, four times a year, could result in thousands of people developing cancer.

Mrs. Mahoney and her husband built and remodeled houses in the 1970s, 80s and 90s. Mrs. Mahoney was diagnosed with mesothelioma in 2006, 35 years after her first exposure to Georgia Pacific’s product.

SOURCE: Mesothelioma Lawyer › Mesothelioma victim’s $20M verdict

According to a story in The Record, published Feb. 27, 2008 at www.northjersey.com, before his death, Buttitta sued General Motors and the manufacturers of the brakes and clutches stored at the warehouse, claiming that the asbestos used to make those products caused his cancer. Defendants included General Motors and Honeywell, which had already reached a settlement with the Buttitta family prior to the jury decision, and clutches supplier Borg-Warner and asbestos mining company Asbestos Corporation Limited of Canada, which are jointly responsible for satisfying the judgment. Both companies are expected to appeal.

The case is unusual because Buttitta doesn’t fit the usual profile for mesothelioma victims. Rather than spending a lifetime in an industrial setting, he was an advertising executive. However, his father, Frank Buttitta, Sr., was a lifelong employee at a General Motors (GM) parts warehouse, where he daily handled brakes and clutches made with asbestos, and Mark Buttitta and his brother, Frank Jr., worked summers in the parts warehouse during college, also handling parts.

Attorneys for the Buttitta family pointed out that Frank Sr. carried home asbestos fibers on his clothing every day, cradling his young son on his lap or settling in next to him on the sofa to watch television. For years, Mark was exposed to asbestos fibers. It has long been held that the families of asbestos workers are at as much risk as the workers themselves due to this type of residual contact with the fibers. No illness has been reported by either Frank Sr. or Frank Jr.

In 2003, Mark Buttitta’s family established the Mark Buttitta Memorial Foundation for Research, which strives to raise awareness about mesothelioma and asbestos-related diseases, with a goal of supporting research for a cure. The web site, www.markbuttittafoundation.com, states that the foundation has raised more than $150,000 to date. A wine tasting and silent auction is held annually for fund raising, with the next event set for March 4 in New York City.

SOURCE: Mesothelioma Lawyer › $30 million meso verdict

MPR says previous Health Department studies had suggested commercial asbestos, which is found in some of the mining operations, could be the cause of the increased mesothelioma incidences. Other researchers, they say, suspect fibers in the dust from the mined material, taconite.

As a result of the study, MPR reports that the Health Department has partnered with the University of Minnesota to launch future studies of the miners. The two organizations have prepared a proposal for government funding for a series of studies focusing on the mining industry, respiratory health among mine workers, and their overall health and causes of death in comparison to the general population.

The estimated cost of the studies is between $5.5 and $6 million.

SOURCE: Mesothelioma Lawyer › Minnesota report on mesothelioma

Dana Corp. filed for bankruptcy protection in March 2006 as a result of suits brought against it in asbestos cases. The company manufactures axles, drive shafts and other automotive parts. According to the AP report, Dana is trying to exit bankruptcy protection through a reorganization plan that would allow creditors to collect between 72 and 86 percent on outstanding claims.

The story says Dana will address any asbestos-related personal-injury claims through the bankruptcy process as planned. As of June 30, there were 150,000 such claims. Court papers show about 7 percent of the claims are for mesothelioma and other cancer diagnosis, while the majority of the claimants had not yet become ill.

The AP says Dana pursued settlements to avoid costs of litigation.

SOURCE: Mesothelioma Lawyer › Dana to settle 7,500 asbestos suits

In his lawsuit, Davis claimed his illness was triggered by exposure to asbestos-containing pipes and valves during his Navy and private-sector career. Davis had been a boiler tender with the Navy.

The Superior Court jury deliberated for less than a day before returning their verdict Friday after a five-week trial.

The verdict includes $100,000 for economic damages; $25 million for Davis’ pain and suffering; and $10 million for Davis’ wife.

The defendants were Florida-based Leslie Controls and Massachusetts-based Warren Pumps. The companies, who supplied asbestos-containing material to the Navy, must each pay 7.1 percent of the damages.

The rest of the money will come from several entities including the Navy.

Attorneys for Warren Pumps argued that their firm didn’t make the asbestos-containing insulation Davis was exposed to.

An attorney for Leslie Controls could not be reached for comment.

Source: mesothelioma-data.com

SOURCE: Mesothelioma Lawyer › Navy sailor wins $35M asbestos suit

The Senate should be commended for passing this monumental act. Hopefully the House will follow suit and pass the legislation, which will require a full ban on asbestos.

The occurrence of asbestos-related diseases, including mesothelioma, lung cancer, and asbestosis, is growing out of control. Studies estimate that during the next decade, 100,000 victims in the United States will die of an asbestos related disease – equaling 30 deaths per day.

Asbestos Disease Awareness Organization (ADAO) was founded by asbestos victims and their families in 2004. ADAO seeks to give asbestos victims a united voice to help ensure that their rights are fairly represented and protected, and raise public awareness about the dangers of asbestos exposure and the often-deadly asbestos related diseases.

ADAO is funded through voluntary contributions and staffed by volunteers. For more information visit www.asbestosdiseaseawareness.org. Our firm is currently handling a number of mesothelioma cases. Mike Andrews, who is the lead lawyer on those cases, can be contacted at (334) 269-2343.

SOURCE: Mesothelioma Lawyer › Asbestos bill passes U.S. Senate

A story by the Seattle Post-Intelligencer said the report indicated that the EPA’s investigation of 265 communities that processed vermiculite ore from Libby, Mont., used outdated criteria and underestimated dangers to people who worked in the factories or lived nearby.

However, public health specialists are reacting more strongly to what is not contained in this report – the EPA’s failure to warn the American public of the asbestos risk posed by vermiculite insulation in their homes.

The insulation was produced by W.R. Grace & Co., usually under the brand name Zonolite. It is estimated that as many as 35 million homes nationwide contain vermiculite asbestos insulation.

The Post-Intelligencer says the EPA promised to launch a national consumer awareness campaign about vermiculite attic insulation in May 2003, which never materialized. The campaign was to have included television and radio ads, as well as distribution of warning posters and brochures in home improvement stores.

SOURCE: Mesothelioma Lawyer › EPA neglects asbestos warning

Questions raised by the LA Weekly included:

• Why charge the president of the company, John Charles Maddux, and not CEO Richard Meruelo, whose Merco Group is listed on documents filed with the county as the site owner of the property at 1060 North Vignes Street, where Meruelos company, Meruelo Maddux Properties, illegally demolished seven industrial structures last year?
• Where did Meruelo Maddux haul the highly regulated toxic debris?
• And, finally, why is Mayor Antonio Villaraigosa refusing to acknowledge what appears to be a troubling pattern of behavior by Meruelo, downtowns largest landowner and Villaraigosas largest campaign contributor who recently was charged in a separate case involving building- and health-code violations, including rat infestation, at the Seventh Street Produce Market?

The Weekly says little is known about the vanished toxic debris, except that it was substantial and it was hauled away by successive truckloads over several days in November 2005.

SOURCE: Mesothelioma Lawyer › Secret asbestos removal

SOURCE: Mesothelioma Lawyer › Thayer addresses Congress

The paper reports the time between diagnoses and death in Hartlepool cases is generally around nine months, but compensation claims are known to take years to come through, leaving bereaved relatives to have the added burden of fighting for financial support. The new government legislation would mean once diagnosed, every sufferer would receive a substantial payment within six weeks of making a claim.

The Mail goes on to say the new proposals would provide financial support to people who were previously not eligible, such as those exposed to asbestos by a relative or because of where they live, the self-employed and people who cannot trace their exposure to asbestos.

Hartlepool MP Iain Wright welcomed the Government proposals that were announced by Secretary of State for Work and Pensions John Hutton, according to the Mail, which quoted Wright as saying, “Mesothelioma is a dreadful disease that devastates the lives of people in Hartlepool. Currently too many people die before they get compensation, or they find they aren’t eligible because they contracted the disease from living near a factory or being exposed to a relative who worked there, rather than working at the factory themselves. That is an awful injustice, so I welcome the Government’s commitment to get legislation through Parliament so everyone with mesothelioma can claim, irrespective of their employment history.”

SOURCE: Mesothelioma Lawyer › Cash sooner for meso victims