An Illinois state appellate court has upheld a former county court ruling that limits the number of people who can levy asbestos-related claims against an Illinois company. The company, Aurora Equipment Company, is at the center of the controversial ruling. The Appellate Court has ruled that Aurora Equipment Company cannot be held liable for the deaths of people who did not actually come to the business.

The suit originated after the family of Eva Nelson sued for damages after Eva passed away from mesothelioma in 2004. Eva Nelson never worked for Aurora, but her son and husband were both employed by the company for over a decade. During the course of their work, the men painted, packaged and sold steel manufactured items. The suits alleged that the men both came into regular contact with asbestos dust while at work. The suit goes on to state that Eva contracted mesothelioma after being exposed to asbestos fibers while doing laundry. The asbestos fibers were transferred to Eva’s home from the Aurora Company site.

The attorneys for the plaintiffs argue that Aurora Equipment created an unreasonable risk of harm to their employees and those who came into contact with their employees. They further argued that it was Aurora’s responsibility to prevent off-site injuries.

The court found that while Eva’s mesothelioma could be linked to the asbestos from Aurora, to find that the company had a duty to prevent off-site injuries could create an unlimited pool of plaintiffs. The court referenced a prior Supreme Court ruling that states that the victim had to be on the property of the business or have a relationship with the company.

An Ohio couple has filed a lawsuit against 37 different corporations. Clinus and Teresa Slone allege that Clinus developed lung cancer after a lifetime of working in professions that exposed him to deadly asbestos. Asbestos exposure is linked to asbestosis, lung cancer, and mesothelioma.

Mr. Slone was variously employed as a laborer, welder and painter during the period from 1976 to 1992. Slone argues that his exposure to asbestos should have been anticipated by the companies named in the suit. Slone argues that since being diagnosed with lung cancer, he has been “disabled and disfigured, incurred medical costs, experienced great physical pain and mental anguish and has lost large sums of money because of his inability to pursue his normal course of employment,” according to the complaint filed in court.

The complaint also claims that Mrs. Slone has been “deprived of the companionship, society and services of her husband.” The Slone’s are seeking damages in excess of $200,000. They also hope to receive punitive damages from the companies named, which include Sprinkmann Insulation, Sprinkmann Sons Corporation, Sprinkmann Sons Corp. of Illinois, and Young Insulation Group of St. Louis.

Asbestos was once commonly used in many industries. Asbestos has a natural resistance to damage caused by chemicals or flames, which meant it was ideally suited for materials such as automotive brake pads, fireproofing, and insulation. Asbestos has now been linked to various cancers, and the use of the deadly substance has fallen off sharply since the 1980s, when regulations were put into place that stated that asbestos must comprise less than one percent of a newly-manufactured product.

In Kansas City, Missouri, the family of a man who died after contracting mesothelioma has won $4.5 million in damages. The family fought three major corporations in a Clay County court, and was awarded the damages on Wednesday. The family of Robert Wagner took up the lawsuit, alleging that exposure to asbestos-laden products contributed to development of his mesothelioma cancer, and ultimately to his death.

Mesothelioma is a rare but aggressive form of cancer that can manifest in the tissues of the lung, pericardium, or abdomen. Mesothelioma patients rarely live more than two years after being diagnosed, and there is no known cure.

Wagner’s career included years of work installing tiles, wood, and asbestos-containing materials in buildings around Kansas City, including Kansas City International Airport. A majority of Wagner’s exposure to asbestos occurred prior to OSHA’s regulation of the substance at construction sites.

More than 30 years after he began to work with asbestos-containing materials, Wagner succumbed to mesothelioma. This is not uncommon, as mesothelioma has a long latency period and it is not unusual for patients to develop initial symptoms of mesothelioma decades after the initial exposure to asbestos.

Wagner filed suit against Bondex International Inc., of Ohio and Conwed Corporation of Wilmington, Delaware. A third corporation was dismissed from the suit last year and was not involved in the settlement. The jury listened to testimony for the case for three weeks before finding in favor of Wagner and his family.

In Erwin, Tennessee, demolition crews are hard at work at the site of the former Erwin Municipal Building. After a fire consumed the building at the beginning of April, the decision was made to tear down the building. Demolition began on Wednesday, and demolition workers are under a very tight schedule. “We have 23 calendar days to complete the work,” said Dallas Blankenship, superintendent for the D.H. Griffin Wrecking Company.

According to Blankenship, the demolition will be completed in stages. First the debris inside the building will be removed and disposed of. Next, the six man crew of demolition workers will demolish and remove the exterior walls. Finally, the foundation and remaining pieces of the building will be removed. The work is scheduled to be completed on the 25th of June. “Right now, we are still waiting to hear from the town about what to do after that,” Blankenship said. “We will re-grade the property and backfill. It is up to the town on the final stage of the project.” It had been reported that the town is considering building a new civic center on the site.

As the exterior walls come down, one worker’s job is to spray the debris with a hose. By wetting the material, workers hope to minimize the amount of dust and airborne asbestos particles that might be shot into the air during demolition. Airborne asbestos can be deadly, as it is linked to diseases such as lung cancer and pleural mesothelioma. Regarding the asbestos and dust in the debris, Blankenship said “One of our concerns is to maintain clean air quality in the area.”

For those diagnosed with cancer, the goal is to survive. For those who have achieved survival, June 7th is a day to celebrate with loved ones, family, and community members.

National Cancer Survivors Day, which has been observed on the first Sunday in June for the past 22 years, was founded by the National Cancer Survivors Day Foundation, or NCSDF, a Tennessee-based organization that aims to improve the lives of cancer survivors. The NCSDF provides planning assistance and educational materials to cancer centers, hospitals, and other organizations that host National Cancer Survivors Day events.

Twenty years ago, cancer survival rates were nowhere near as high as they are currently. For mesothelioma cancer patients, “survival” was merely a possibility, as there is no cure for the asbestos-caused disease and patients typically only survived for six months to one year following diagnosis. For mesothelioma patients and all individuals dealing with cancer, the development of new drugs, such as chemo drug Alimta®, have contributed to a dramatic increase in survival.

A great number of mesothelioma cancer patients are former members of the US military, most specifically the Navy. In New York State, veteran-focused organizations are reaching out to veterans who have mesothelioma cancer and offering assistance to those who qualify.

While there is still no cure for mesothelioma and several other forms of cancer, oncologists like Dr. Anne Tsao of the M.D. Anderson Cancer Center in Texas, along with cancer researchers and scientists, remain convinced that a cure for various forms of cancer is within our reach. The recent allotment of funding by President Barack Obama for cancer organizations like the National Cancer Institute will make the search for a cure even more possible.

The NCSDF suggests contacting your local American Cancer Society chapter or cancer center for information about events in your area of June 7th. Those who would like to hold an event of their own can contact the Foundation for a free planning kit by sending an email to info@ncsdf.org.

In addition to the US, sixteen additional countries, including Australia, the Netherlands and Canada, will be celebrating National Cancer Survivors Day.

At the 2009 Asian Asbestos Conference held in Hong Kong by the Asia Monitor Resource Center, numerous speakers met to discuss the crippling effects of asbestos and asbestos-related diseases such as lung cancer and mesothelioma on the Asian continent. Hot on the heels of that conference is troubling news from Japan. According to a new study, one in eight lung cancer patients were previously exposed to toxic asbestos particles before developing the disease.

The research study was a massive effort, coordinated by 12 Japanese medical institutions. Each year, lung cancer kills about 60,000 in the country of Japan. The new study indicates that if one of every eight lung cancer patients can attribute their cancer to asbestos exposure, 7,500 of those lung cancer deaths would be a direct result of asbestos.

This number is staggering, as it is much higher than the previously believed number of asbestos-related lung cancer in Japan. The previous figures for 2007 showed that only 660 people in Japan could attribute their lung cancer to asbestos exposure. This is significant, as asbestos-related lung cancer victims are eligible for aid from the Japanese government. This new study may cause thousands of Japanese citizens to apply for aid from their government.

The presence of pleural plaques was used to link asbestos exposure to lung cancer in the study. Pleural plaques are a thickening of lung membranes, and develop due to asbestos exposure. The study examined a total of 471 patients from 2006-2007 throughout Japan. The patients in the study ranged in age from 26 to 94. The research team discovered pleural plaques in a total of 28 patients using chest x-rays. An additional 58 patients were found to have pleural plaques through the use of high-resolution computer tomography.

In Richland, Washington, a newly graduated class of hazardous materials workers is ready to enter the workforce. The group of employees is going to work at the Hanford site, and will support deactivation and demolition efforts. The Hanford site is a decommissioned nuclear complex in Washington State. The employees have been training for the past five weeks at a training facility in Richland.

The employees have received extensive safety training. In addition, they have also been trained in proper handling procedures for asbestos, lead, beryllium and radioactive material. All these substances are highly toxic. Asbestos is a known carcinogen linked to lung cancer and mesothelioma, among other crippling medical conditions.

While they are happy to have extensive training, many Hanford employees are eager to get to work at the Hanford site. “[I'm] kind of anxious to get out there and be a part of everything” said Robert Valdez, new employee.

The training program is coordinated by current Hanford workers, who are in charge of training the new hires. Current employees show the rookies how to use equipment, and prepare them for the day to day work at the site. “We’re out there in the field. We’re hands on experience, teaching them the secrets of the trade and everything else so we can pass it on to them so they don’t have to go through the long learning curve as others have” said Paul Phillis, a trainer for the program.

The training program is important, as it has created new job opportunities. About one-third of the new employees were previously unemployed. Other trainees had previous work experience at construction companies, department stores and coffee shops.

Rochester, New York’s fire chief is worried about the safety of his friends and neighbors. After an increase in the number of fires that consumed vacant buildings throughout the city, Rochester Fire Chief John Caufield is campaigning to use a portion of the city’ $3.4 million demolition budget to board up the vacant structures. Rochester firefighters saw a 36 percent increase in fires in vacant homes and other structures in 2008. As of June 1, 2009, this year’s total fire count for vacant structures is 31.

The rise in the number of fires coincides with an asbestos-related investigation into the city’s preeminent demolition contractor. In late 2008, the city halted all demolition work and canceled contracts awarded to Sinisgalli Inc. Sinisgalli are now facing an ongoing criminal investigation. Three employees for the company have been charged with improperly disposing of asbestos. Asbestos, a known carcinogen, is highly toxic and very dangerous. Airborne particles of asbestos can be inhaled, leading to lung cancer, mesothelioma, and other medical conditions.

With Sinisgalli out of the picture, the pace of demolitions has slowed, and according to Caufield “As soon as we stopped that aggressive demolition, (the number of fires) went back up.” Caufield hopes that by boarding up vacant buildings, trespassers will be unable to get inside, lowering the risk of fires.

For the time being, aggressive demolition does not seem feasible, due to the high cost of demolition and asbestos abatement. Caufield argues that by using an enhanced method of sealing off vacant buildings, the city will face fewer fires. With the enhanced method, city crews use 3/4-inch rather than 3/8-inch plywood to cover up window and door openings. The panels are then nailed, screwed, and spiked into place. While this method is time consuming, it makes it much more difficult for trespassers to gain entrance to vacant structures.

The Supreme Court ruled yesterday in the case of Thurston Hensley, a railroad worker from Tennessee who was awarded $5 million by a jury after being exposed to asbestos on the job. The Supreme Court has ruled that the worker is not entitled to his $5 million payout from CSX Corp.

Hensley sued CSX for damages after being exposed to asbestos, based on his fears of developing an asbestos-related cancer in the future. Asbestos is linked to lung cancer and mesothelioma, among other diseases.

CSX appealed the decision reached in the lower courts because they felt that the instructions given to the jury were skewed to support Hensley. CSX argued that the jurors ought to have been instructed that Hensley had the burden of proof, and it was Hensley’s responsibility to prove his fears of developing an asbestos-related cancer were genuine.

The Supreme Court ruled 7-2 in favor of CSX, and stated that the judge in the previous trial clearly made errors when giving the jurors their instructions. In the court’s opinion, the justices wrote “Although plaintiffs can seek fear-of-cancer damages in some … cases, they must satisfy a high standard in order to obtain them.”

Asbestos was once commonly used in many applications throughout the country, including automotive brake pads, floor and ceiling tiles, insulation, fireproofing, and many other items. Asbestos is now highly controlled, and is no longer used in new construction unless the materials contain less than one percent asbestos. However, asbestos is still present throughout the country in older buildings, where it is considered safe as long as it is not disturbed.

A man suffering from mesothelioma cancer is making headlines around the world after betting on his chances for survival and winning big. In fact, he did so well the first time that he decided to bet again, and won again. Jon Matthews is 59 years old, and was diagnosed with mesothelioma back in 2006. At the time, his doctors informed him that he only had months left to live.

Matthews, a resident of the United Kingdom, decided to place a small bet with betting agency William Hill. Matthews bet that he would live to see June 2008 and June 2009. Each bet was made for £100 (about $160) with 50-to-1 odds. Matthews thought the bet would be a bit of fun that would also give him an extra incentive to fight off his mesothelioma cancer. “I think I’m the first person in the world to bet on my own life,” Matthews said.

Last June, Matthews collected his first set of winnings — £5,000 (about $8,000.) Yesterday, Matthews collected his winnings for this year, which will be the same amount. Matthews has also placed another bet on his own life. His newest bet with William Hill is that he will last another full year, and live to see June of 2010. This time, the odds are higher at 100-to-1.

The story has people all over the world rooting for Matthews, and even agents at William Hill are happy to be paying out to Mr. Matthews. “Never in 30 years in the business have I been so pleased to pay a winning client £10,000,” said William Hill spokesman Graham Sharpe. “With, I trust, a further £10,000 to come next year.” Matthews told members of the press that he plans to donate a portion of his gambling winnings to charity. One charity he plans to donate to is Macmillan Cancer Support.