A Washington man who worked as a U.S. army machinist for more than 40 years has filed suit in a Madison County (Ill.) Circuit Court, alleging he has developed mesothelioma due to wrongful exposure to asbestos.

James Regal was a machinist for the army from 1962 until 2003 in Illinois and in other locations and also was employed as a maintenance man at various sites in Illinois, Washington and Massachusetts throughout his working career.

Though the U.S. army cannot be sued by Regal for asbestos exposure, the companies that manufacture asbestos products used by the army can indeed by sued. In the case of Regal’s suit, some the 68 defendants include Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, John Crane, MetLife, Owens-Illinois, Philips Electronics and Riley Stoker.

“The plaintiff’s exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants,” the complaint states.

Regal says he was diagnosed with mesothelioma on February 8 of this year. He is currently undergoing treatment for the disease and seeks damages to help pay for the cost of his treatment. In addition, Regal is seeking at least $300,000 in damages for “negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence” among other allegations.

The Hill, a newspaper for Capitol Hill workers, notes that “the 2009 defense appropriations bill has become a battleground for cancer research,” with more than a dozen senators rallying for funds to more closely examine asbestos-related cancer.

Those supporting the push for funding argue that about one-third of all mesothelioma victims are either Navy veterans or worked as a civilian employee at naval shipyards across the country during a time when the widespread use of toxic asbestos was commonplace.

“Without a steady funding stream for mesothelioma research, scientists who may have considered work in such a field have been turned off,” says Chris Hahn, the executive director of the Mesothelioma Applied Research Foundation (Meso Foundation).

“Mesothelioma starts out somewhat as an orphan disease,” Hahn said in an interview with The Hill. “It’s hard to motivate [researchers] unless there are consistent funds.”

Hahn said the main goal of the Meso Foundation is to see mesothelioma listed as a priority part of the Pentagon’s peer-reviewed medical research program. Researchers would then compete for grants from the Department of Defense.

Senators Max Baucus (D-Mont.) and Patty Murray (D-Wash.) have been at the forefront of the effort to secure additional funds for research and treatment of malignant mesothelioma, which kills quickly but can lay dormant in the system for up to 50 years.

“The town of Bremerton in Washington state, near the Puget Sound Naval Shipyard, has one of the highest incidences of asbestos-related cancer. And hundreds of people have been sickened or killed because of asbestos exposure from a now-defunct vermiculite mine in Libby, Mont.,” notes the article, explaining Baucus’ and Murray’s involvement in the issue.

“Advancements in the early detection and treatment of this deadly cancer are greatly needed and the mesothelioma medical and research community is well-positioned to achieve this goal,” the senators wrote to the panel’s leaders. “Funding through the Department of Defense appropriations bill is an important demonstration of our nation’s commitment to addressing the tragedy of mesothelioma and its disproportionate impact on those who serve our country.”

Another asbestos-laden ship is heading towards India’s Alang ship-breaking yards where its owners hope it will be dismantled.

According to an article posted on Yahoo News India, the 682-feet ship S.S. Oceanic, headed for Alang on the Saurashtra coast, is carrying about 250 tonnes of asbestos.

Alang was thrust into the news last year when the Norwegian ship Blue Lady was beached off the coast and later allowed to enter the port. Workers at the ship-breaking yard were eventually allowed to dismantle the ship under supervision of a technical committee, the article notes.

Alang is known for its improper handling of toxic waste from dismantled ships, according to reports by a number of environmental groups, including Green Peace. The shipyard also suffers a high number of industrial accidents caused by poor work safety regulations, experts say.

Sources in the Alang ship-breaking yard said the Blue Lady is being dismantled at present. A spokesperson for the yard, however, said he was unaware that the S.S. Oceanic was coming to Alang for dismantling.

The owner of a downtown Toledo mall that’s laden with asbestos was given two choices by city officials: “clean it or we’ll close it.”

According to an article in the Toledo Blade, the city plans to shut the doors of the nearly empty Southwyck Shopping Center in South Toledo if its owners do not clean up toxic mold and seal off the asbestos contamination found there by inspectors on May 2, said Chris Zervos, the city’s commissioner of building inspection.

“The present condition of the mall makes it a health hazard for the public and employees working there,” Mr. Zervos said. “They’ll have 72 hours to clean up the mold and secure the asbestos so dust is not allowed to escape into the public.”

Zervos says most of the asbestos can be found in the former Montgomery Ward department store. While that particular facility is closed to the public, maintenance workers who travel through the store on a regular basis are thought to be spreading asbestos throughout the rest of the mall.

“In anticipation of our coming, the maintenance man there swept it up and cut a path through it for us,” Mr. Zervos said. “That of course made it airborne. It’s a tremendous health concern for anyone who is there, anyone passing through the building, [and] for walkers who are there.”

Toledo’s commissioner of environmental services, Tim Murphy, said the roof of the closed Montgomery Ward store has leaked, which caused asbestos-containing insulation to become dislodged and fall off onto the floor.

Tenants and patrons, however, seem unconcerned. “I don’t think we are going to die if we don’t leave right now,” said Barb Porter of Perrysburg, who walks the mall as part of her daily exercise program.

The mall’s manager, Glen Anderson, of MD Management in Mission, Kan., declined to comment.

The family of a Texas man who spent his life working as a pipefitter has filed a second asbestos suit on his behalf, alleging that he died from mesothelioma as a result of exposure to asbestos while on the job.

According to an article in the Southeast Texas Record, the estate of Ernest L. Edwards is seeking compensation for a “different malignant asbestos-related injury,” which they claim prematurely ended his life. Edwards sued several years ago when he developed “an asbestos related disease” and received compensation, the article notes.

The suit was filed earlier this month against the A.O. Smith Corporation and 34 other companies. A.O. Smith manufactures electric motors as well as electric and gas water heaters. The claim alleges that those named in the suit knowingly and maliciously manufactured and distributed asbestos-containing products throughout Jefferson County (Texas). Other defendants named in the suit include aerospace giant Lockheed Martin and Zurn Industries, an iron supplier.

“The petition faults Minnesota Mining and Manufacturing Corp. (3M Corporation) and American Optical Corp. for producing defective masks that failed to provide respiratory protection,” the article adds.

Although Edwards has already sued and received a claim, the suit says, “Plaintiff now seeks damages against defendants not released in the previous actions pursuant to Pustejovsky v. Rapid-American Corp.”

In Texas, victims of an asbestos disease such as asbestosis may sue a second time for an asbestos-related cancer if he develops the cancer in the future, after the onset of the original disease.

New data recently released by the U.S. Environmental Protection Agency (EPA) notes that soil is “a prominent source of exposure to vermiculite.” The report suggests that the EPA may have to re-examine its criteria to determine what constitutes “a clean site.”

According to an article in The Western News of Libby, Montana, the research came as a surprise to many experts because it suggests that dangers are mainly a result of exposure to outdoor soil around one’s house. Exposure from indoor activities, the study adds, probably comes from tracking outdoor vermiculite via animals or on shoes into the home.

The data does not apply to homes where asbestos is disturbed, or not well contained within the walls of the house, the EPA stresses.

“This is a powerful data set,” said Paul Peronard, On-Site Coordinator for EPA. “It will help us define the first part of endgame,” notably, how the agency decides that a site is properly cleaned.

The exposure investigation centered on four or five indoor and outdoor activities conducted in the town of Libby, which has been ravaged by the former presence of an asbestos-contaminated vermiculite mine owned and operated by W.R. Grace Co. The activities ranged from mowing the lawn to watching television. The EPA made sure to select a variety of sites, including those that were not treated for vermiculite contamination as well as post-remediated properties.

”Scenarios were played out by testers at these sites, with air filters located near their chests that collected dirt samples, recreating the breathing experience of typical activities,” the article points out.

An EPA spokesperson said this information will go far in determining how risk is assessed at various Libby sites.

After the discovery of an abundance of blue asbestos onboard a Church of Scientology cruise ship, Tom Cruise and other celebrity followers of the religion have been urged to undergo immediate medical examinations to test for their exposure to the toxic mineral.

According to an article in an Indian newspaper, Kerala News, Cruise and many other regular passengers aboard the ship have been alerted to potential exposure. Other celebrity visitors aboard the Freewinds passenger ship include Lisa Marie Presley, Natural Born Killers actress Juliette Lewis, jazz great Chick Corea and JAG and Army Wives TV star Catherine Bell.

Currently, the Freewinds is “under seal” in the Caribbean port of Curacao after it was discovered that dangerous blue asbestos was released during the refurbishment of the ship. The asbestos dust may have wound up in the ventilation system and circulated throughout the ship.

The Church of Scientology uses the Freewinds as “an education center” for devotees of the religion. It has also hosted myriad VIP parties. The ship is 40 years old and was built before asbestos guidelines were issued by the U.S. government in the 1970s.

“Anyone who believes they may have been exposed to asbestos should consult a doctor immediately,” said a Scientology spokesperson, noting that those exposed could be at risk for developing the deadly asbestos cancer known as mesothelioma.

Off-road aficionados who frequent the 31,000-acre area known as Clear Creek, located near Hollister, Calif., are angry that the state has closed their favorite recreation spot.

California’s Bureau of Land Management closed about half the Clear Creek Management Area in the Diablo Range last week following a report by the Environmental Protection Agency (EPA) noting that asbestos in the area posed a serious cancer risk to those who work, hike, camp, hunt, collect gems and ride dirt bikes there. Officials will explain their findings tonight at a meeting at the Santa Clara Convention Center, notes an article in the San Francisco Chronicle.

“Clear Creek contains the largest deposits of asbestos in the United States because of its unique combination of faults and volcanic rock,” said Arnold Den, a senior science adviser for the EPA. Though no studies have been conducted among those who frequently dirt bike there, a 2005 University of California (Davis) study found that people living near naturally-occurring asbestos had a significantly higher cancer rate than those who don’t. Asbestos can cause a fatal, aggressive form of cancer known as malignant mesothelioma. The disease is common among tradesmen who worked with asbestos on a regular basis.

The article notes that hundreds of off-road enthusiasts head to Clear Creek each weekend when the weather is pleasant. Most think the type of asbestos found at the recreation area is not toxic and they can’t understand why the state would deny them access to Clear Creek.
“The recreation community is in a state of shock,” said Don Amador, a frequent visitor to Clear Creek and the Western representative for the Blue Ribbon Coalition, an off-road advocacy group.
“It’s unprecedented, as far as public land issues go. We’re going to want to fight it, either administratively or in court.”
No “Clear Creek regulars” have become sick because of asbestos exposure, Amador added.
“We’re asked our friends and family in the off-road community if they’ve heard of anyone getting mesothelioma, and we haven’t found one case,” he said.

In response to myriad reports published in December noting the presence of asbestos in a number of popular holiday toys, the state senate of Connecticut has passed a key bill that would remove lead and asbestos from children’s toys starting as early as the middle of next year. Now that the bill has passed the Senate, it will go to Gov. M. Jodi Rell for her signature.

According to an article in The Courant, the bill would limit the amount of lead in products manufactured or sold after July 1, 2009. On the same date, it would become illegal to use asbestos in children’s toys, and paint that is sprayed on children’s products would need to meet certain standards.

“Now that the science has been allowed to emerge, policy makers have a responsibility to take immediate action to phase out bisphenol A and phthalates from common, everyday products like food and beverage containers,” said Sarah Uhl, coordinator of the Coalition for a Safe and Healthy Connecticut.

The presence of asbestos in toys like the CSI Fingerprinting Kit, which came under fire just before Christmas, has also been a huge issue for the state senate. As a matter of fact, senate members note that the issue was one of the most heavily lobbied of the year.

In a scenario not often staged in the courtroom, the family of a deceased man is suing 73 corporations, alleging that he died of an asbestos-related disease after being exposed to the mineral dust from the clothes of his wife, who worked in the asbestos industry. Similar secondhand asbestos cases generally center on the wife as plaintiff, usually sickened from exposure to her husband’s asbestos-covered clothes.

According to the complaint, Paul Bowen of Ohio, was employed from 1951 to 2004 as a laborer, truck driver, kiln operator, miner and mechanic at various locations. However, Bowen’s wife was employed as a machine operator, maintenance worker, finisher and striper at various locations, including in jobs that involved direct exposure to asbestos.

”Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the decedent’s wife,” the complaint states.

Bowen was diagnosed with malignant mesothelioma last October and died a little more than two months later. According to an article in the Madison-St. Clair Record, the suit names 73 defendants that include Bondex International, CBS, ConocoPhillips, Ford Motor Company, General Motors, Goodyear, John Crane, Owens-Illinois, Pharmacia, Shell Chemical and Yarway Corp.

The estate claims “the defendants knew or should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of people.”

Bowen’s estate also alleges that “the defendants included asbestos in their products even when adequate substitutes were available and failed to provide any or adequate instructions concerning the safe methods of working with and around asbestos.”