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Archive for January, 2011

$2.4 million awarded to a forklift worker who contracted mesothelioma on the job

Monday, January 31st, 2011

A jury in Baltimore, Maryland has awarded $2.4 million to the family of Daniel Edwards, a forklift driver who died in 2008 of mesothelioma, a rare cancer of the protective lining of the body’s major organs and cavities that is caused almost exclusively by prolonged exposure to asbestos. Edwards’ cancer specifically affected the lining of his chest and lungs.

Edwards’ family claimed that he had contracted mesothelioma while moving bags of asbestos with a forklift for six years at Charlotte, North Carolina-based National Gypsum Co., where Edwards began working in 1969. Mesothelioma generally takes between 20 and 50 years to develop and only becomes symptomatic when it reaches stage three or four. There is no cure for this or any other cancer, but mesothelioma prognosis is particularly grim. Life expectancy is usually no longer than 18 months, even when patients receive aggressive treatment.

Union Carbide Corp. mined and supplied the asbestos that Edwards was in charge of moving. Ye the company failed to warn workers about the risks asbestos exposure. Whenever asbestos is disturbed, carcinogenic asbestos fibers become airborne. These fibers are easily inhaled and lodge in the lungs where they fester for decades eventually leading to the development of mesothelioma.

Attorneys for Houston, Texas-based Union Carbide argued that National Gypsum was responsible for issuing the aforementioned safety warnings to employees. In order to protect itself from asbestos suits, National Gypsum filed for protection from creditors under Chapter 11 of the US bankruptcy code in 1990.
Under a Maryland law setting a cap on legal damages, the award will be reduced to USD2.2 million.

British teachers and students suffering from asbestos cancer

Sunday, January 30th, 2011

A report commissioned by the Environment Department of the United Kingdom has warned that Britain has the highest rate of mesothelioma in the world. This rare cancer of the protective lining of the lungs, heart, chest and abdomen is caused almost exclusively by exposure to asbestos.

Asbestos is a toxic mineral that was commonly used in construction throughout the 19th and 20th centuries. To this day, asbestos is still found in many older school buildings, which is why Britain’s official statistics now report that asbestos in the country’s classrooms is claiming the life of one teacher per month. And for every teacher at risk, at least 20 children are also exposed.

In the past five years, 64 school teachers have died of malignant mesothelioma, and at least 272 teachers have contracted this aggressive cancer over the past decade.

“The Conservative-led coalition refuses to order an audit of asbestos in schools,” says Michael Lees, the husband of Gina Lees, a primary school teacher who died of mesothelioma at the age of 51 in 2000. “In opposition Nick Gibb, schools minister, said the problem of asbestos in schools must not be swept under the carpet, yet now his Government is doing just that, saying risk assessments are the responsibility of local authorities, which are so strapped for cash it is the last sort of thing they are going to do if they are not forced to. Most schools have no idea whether they have asbestos in their buildings or how to treat it.”

Like Lees, mother-of-two Dianne Willmore died two years ago of asbestos cancer at the age of 49. However, she’d been exposed to asbestos as a student at a school in Huyton, Liverpool.

Bandon resident with mesothelioma may have to leave Oregon for treatment

Saturday, January 29th, 2011

Steve Underdown, an owner of Bandon Golf Supply in Bandon, Oregon, began suffering from abdominal pain early last summer. By the fall, Underdown was diagnosed with peritoneal mesothelioma, a rare cancer of the protective lining of the abdomen that is caused almost exclusively by prolonged asbestos exposure. Further tests are currently underway to determine an appropriate treatment regimen.

Mesothelioma is an incurable disease. Treatment, which generally consists of some combination of surgery, chemotherapy and radiation, generally only helps to extend a patient’s life. However, even with treatment, mesothelioma patients rarely live longer than 18 months past diagnosis.

Underdown has been unable to work since mid-November and regularly travels to Portland for evaluation and treatment. Therefore, in part of what is being called “Operation Underdown,” a bank account has been opened at Evergreen Bank to accept donations to aid Underdown’s family. Donations will be used to cover the family’s expenses, which including travel, medical consultations and treatment and any other expenses that may arise.

There are no doctors specializing in mesothelioma in Oregon, so it is likely Underdown will have to travel to another state to seek treatment. Underdown is currently at home being treated by a nurse and is very frail. He has requested no visitors or telephone calls, but welcomes cards and letters.

“This has been a terrible blow for our family,” said Underdown’s wife, Cathy. “To see such a strong and vibrant man stricken with this terrible disease is heart-breaking. But it is also inspirational, because Steve is a fighter. He is determined to battle this disease aggressively.”

Asbestos plaintiff process streamlined in Connecticut

Friday, January 28th, 2011

Up until very recently, asbestos litigation in the state of Connecticut has only been dealt with in the Judicial District of Fairfield at Bridgeport. However, need to expedite the movement of these long and complex cases through the court system, has led the Judicial Branch to allow asbestos cases to be filed anywhere in the state.

Asbestos is a toxic mineral that was commonly used in construction and industry throughout the 19th and 20th centuries. It as banned from use in the 1980′s when it was publicly proven that asbestos causes such fatal diseases as asbestosis, lung cancer and mesothelioma, a rare cancer of the protective lining of the lungs, heart, chest and abdomen. Many asbestos-related suits are place by people who have contracted any of the aforementioned diseases due to contact with asbestos-containing materials.

This change has not come without opposition. “The same lawyers will be running all over the state,” says one Connecticut asbestos and mesothelioma attorney. “In that sense, it doesn’t make any sense. There will be a bunch of new judges trying to figure out what [asbestos litigation] is all about and how to manage these cases.”

Yet Judge Barbara Bellis, presiding civil judge in Bridgeport, believes this change “made the most sense.” According to Bellis, there were approximately 600 asbestos pending cases five years ago. That number has since decreased to 287, and one-third of those cases have been pending for over five years.

“These tend to be more like the medical malpractice cases where you have complicated issues and a lot more parties…so they take longer to go through the system,” explained Bellis. “Imagine you have 75 defendants and they’re filing motions, the [plaintiffs] are filing motions. One case could be a full-time job for a judge.”

Prison riot causes asbestos exposure scare

Thursday, January 27th, 2011

A New Year’s Day riot at Ford Prison in West Sussex, England led to the burning of one of the buildings. Now it has been confirmed that the leveled building contained asbestos, which has caused worries over exposure. Asbestos is a highly toxic mineral that was commonly used in pre-1980′s building materials. A ban on the use of asbestos was instated because exposure is known to cause asbestosis, lung cancer and mesothelioma, a rare cancer of the protective lining of the lungs, heart, chest and abdomen.

Residents are now concerned that they are at risk of contracting any one of the aforementioned fatal diseases, but the Prison Service says there is no risk. However, locals don’t seem too convinced that they are in the clear.

“It’s very worrying for us all along here, because breathing in asbestos can lead to all kinds of health problems. People with asthma, for example, are particularly vulnerable, and it could be really dangerous for them,” says nurse Andrea Hixon. “We are having to breathe it in, just because we live near the prison.”

Asbestos is relatively safe when left undisturbed, but fire, cracking or crushing can cause the release of carcinogenic fibers that become airborne, travel long distances and eventually inhaled. These fibers lodge in the lungs, causing damage over decades that eventually develops into asbestos cancer.

The Prison Service has since claimed that only a small amount of asbestos was present. “Following the fire, reassurance air tests were completed to ensure no fibres had been inadvertently released. This was confirmed by tests. There is no risk to the public, staff or prisoners. This part of the building is cordoned off and is being managed as per regulations,” said a spokeswoman.

Reinsurer of asbestos liabilities sued

Wednesday, January 26th, 2011

A New York State appeals court has reinstated a lawsuit against a reinsurer created in the 1990′s to bail out underwriters at Lloyd’s of London from asbestos and environmental liabilities. The Global Reinsurance Corp’s U.S. Branch (located in New York City) suit against Equitas Ltd alleges that the arrangement that led to the foundation of Equitas was anti-competitive and used to the plaintiff’s financial disadvantage.

The suit was initially dismissed by a lower court in March 2009. However, the appellate court found the Global Reinsurance’s complaint was incorrectly dismissed because the company’s claims about the international reinsurance market and Lloyd’s status within said market were not properly considered.

Lloyd’s of London is a group of competing insurance syndicates that specialize in large-scale risk coverage. In 1996, Lloyd’s underwriters created Equitas to reinsure their non-life insurance liabilities, which included claims for asbestos exposure. Asbestos is a toxic mineral causes fatal diseases, such as asbestosis, lung cancer and mesothelioma, a rare cancer of the protective lining of the lungs, heart, chest and abdomen. Asbestos is commonly used in certain industrial manufacturing, and can still be found in pre-1980′s construction made with asbestos containing materials. Many asbestos claims are filed by workers exposed on the job who have developed malignant mesothelioma.

In 2006, Equitas reinsured its liabilities with Berkshire Hathaway’s National Indemnity Co. National Indemnity took all of Equitas’ staff and operations, and Berkshire’s Resolute Management Services Ltd. took over management of the run-off process. Britain’s High Court approved the transfer of liabilities from the underwriters to Equitas in 2009.

BHP-Billiton Worsley Alumina refinery issued asbestos improvement notices

Tuesday, January 25th, 2011

In response to the potential exposure of employees to asbestos in 2010, the BHP-Billiton Worsley Alumina refinery in Worsley, Australia has been improvement notices by the Department of Mines and Petroleum (DMP). A DMP departmental inspector inspected the refinery the day after being notified of the potential exposure during the on-site removal of a flange gasket.

Asbestos is a toxic mineral that was use regularly in industry in throughout the 19th and 20th century for its strength and heat and fire resistant properties. Asbestos use is now banned in most developed countries because it is known to cause such fatal diseases as asbestosis, lung cancer and mesothelioma, a rare cancer of the protective lining of the body’s major organs and cavities. However, many asbestos-containing products can still be found in older structures and industrial machinery.

The DMP investigated the refinery incident and discussions were held with BHP and John Holland site management. “The inspector also held a number of on-site meetings with employees to discuss their concerns about potential health effects from possible short-term exposure to asbestos fibres,” said the DMP’s resources safety division principal health adviser Mike Rowe.

Rowe also explained that the DMP had checked into “whether the site used appropriate risk assessment procedures for identifying and handling potential asbestos containing materials.” These procedures are of the utmost importance to worker safety and the prevention of asbestos cancer.

BHP has since confirmed that the investigation had been thorough and that detailed feedback had been provided to employees and contractors. The refinery claims to have taken action to comply with the DMP’s recommendations.

New York attorney disbarred over asbestos removal cover-up

Monday, January 24th, 2011

Lawyer Steven Mancuso of Utica, New York has been disbarred from practicing law upon his conviction for conspiring with his brother, Paul Mancuso, to cover-up illegal asbestos removal operations. Steven, Paul and their father, Lester Mancuso, were sentenced to three years in federal prison last June.

Asbestos is a toxic mineral that was used throughout the 19th and 20th century in construction and industry because of its heat resistant and fire retardant properties. Asbestos was banned in the U.S. in the late 1980′s for causing such fatal diseases as asbestosis, lung cancer and mesothelioma, a rare cancer of the protective lining of the lungs, heart, chest and abdomen. Malignant mesothelioma is particularly aggressive and difficult to detect and is almost exclusively caused by prolonged asbestos exposure.

An attorney since 2002, Steven Mancuso wa found guilty in a federal trial of wrongfully aiding his brother in the creation of fraudulent partnerships and submission of false legal documents in an effort to conceal the illegality of Paul Mancuso’s asbestos business. Steven denied the charges, yet U.S. District Court Judge Frederick Scullin ruled that he had used his legal skills in the furtherance of his brother’s criminal conspiracy.

“When an attorney used his law license to commit crimes and to aid another in the commission of crimes, the appropriate sanction is disbarment,” state the December 30th ruling.

Steven Mancuso is currently in the process of appealing the conviction. He arguues that a variety of legal issues were not properly handled by the trial’s prosecutors.

Framingham firefighter lost to mesothelioma cancer

Sunday, January 23rd, 2011

Early this month, Framingham, Massachusetts firefighter Mike Urban, 57, lost his battle with mesothelioma cancer. This aggressive disease that affects the protective lining of the body’s major cavities and organs is rare and caused almost exclusively by exposure to asbestos.

Urban’s passing comes on the heels of the loss of 58-year-old retired firefighter Michael Marshall to lung cancer last month. Lung cancer is yet another disease commonly cause by asbestos exposure, along with asbestosis.

Urban’s family has been unable to conclusively pinpoint the cause of the mesothelioma. His wife speculated that exposure to asbestos could have taken place in his childhood home, at a fire station, while firefighting or from using carpentry materials, as Urban was a self-employed carpenter before joining the Fire Department.

Asbestos is a U.S. Environmental Protection Agency regulated mineral fiber has been commonly used in construction materials, as insulation and as a fire retardant. When asbestos is disturbed or burns, it realeases toxic fibers that become airborne and are easily inhaled. These fibers lodge in the lungs for decades causing damage. Urban had pleural mesothelioma, which specifically affects the lining of the lungs, leaving no doubt that he’d likely inhaled asbestos for a prolonged period of time.

The local Hollis Street and Saxonville fire stations both have had asbestos, and several years ago, an area in Station 2 was closed off and bolted before the contamination was cleaned up, making exposure at his station a real possibility.

“Mike was family, and we lost a member of our family, and we’ll deal with that the way any family does,” said Station 2 captain at the Saxonville firehouse Paul Barlow

For every four mesothelioma cases, one case goes unreported

Saturday, January 22nd, 2011

The latest statistic presented by the Cary, North Carolina-based, government journal Environmental Health Perspectives (EHP) regarding mesothelioma cancer, which affects the protective lining of the lungs, heart, chest and abdomen, states that for every four to five cases reported worldwide, at least one case goes unreported. This is the first study to offer a global estimate of unreported mesothelioma cases. The collective experience of countries with available data on asbestos disease was used to generate the estimation.

Malignant mesothelioma is caused almost exclusively by prolonged exposure to asbestos. People are generally exposed to asbestos by inhaling microscopic, carcinogenic fibers released whenever asbestos is disturbed. These fibers collect and fester in the lungs, explaining why the mesothelioma most commonly occurs in the lining of the lungs.

The EHP study used mesothelioma deaths as a proxy mesothelioma cases because mesothelioma patients usually die shortly after diagnosis and in many countries deathsto be more uniformly and accurately reported than diagnoses. The scientists studied the correlation between country-level asbestos use from 1920 to 1970 and mesothelioma deaths reported between 1994 and 2008. Out of the 56 countries included in the study, there were approximately 174,300 mesothelioma deaths from 1994-2008.

Cumulative asbestos use in 89 countries, from 1920 to 1970, totaled over 65 million metric tons. The United States, Russia, United Kingdom, Germany, and Japan were the leaders in production and exportation. They were also some of the first countries to adopt the ban on asbestos use in the 1980′s.

The study found that a country’s cumulative use of asbestos in prior decades can reliably predict the number of recent mesothelioma deaths in the countries reporting mortality data. It is estimated that an additional 38,900 cases may have occurred in the 33 countries not providing mesothelioma data over the same 15-year period.