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News Center
| National Mesothelioma Awareness Day 2011 |
National Mesothelioma Awareness Day 2011 marks opportunity to take note of present-day asbestos dangers Monday (Sept. 26) is National Mesothelioma Awareness Day, an occasion created to give voice to American victims of mesothelioma, a deadly cancer caused by asbestos exposure. Congress approved a resolution in 2009 establishing National Mesothelioma Awareness Day. Mesothelioma Awareness Day 2011 comes at a time when the public now is beginning to truly recognize the dangers of mesothelioma and the asbestos products that cause it. Although mesothelioma awareness is not yet widespread, the public for years has known of the dangers of asbestos. Asbestos is an insulating material used because of its extreme cost-efficiency. However, exposure to it is the leading cause of mesothelioma. Over many decades, millions of American workers were exposed to asbestos. The result is that, today, around 3,000 people annually are diagnosed with mesothelioma. A common misperception, however, is that asbestos products have been erased from the market and that the risk of mesothelioma has been eliminated. Not true. Granted, in the 1970s, federal regulations clamped down on the allowable uses of asbestos, but millions of buildings and utility systems nationwide still contain the substance. Moreover, asbestos is still being mined, produced, and marketed elsewhere on the planet, giving rise to new generations of asbestos exposure victims in China, India and other countries with emerging economies that have a demand for cheap insulation products. And, despite the enormous health risks, millions of dollars worth of asbestos continue to be exported from North America to these nations, putting workers at danger. Mesothelioma from asbestos exposure may become a health crisis in these countries in the coming decades. National Mesothelioma Awareness Day is an opportunity to make this nation aware of the current state of asbestos production in the global economy. Weitz & Luxenberg has, for the past three decades, been one of the nation’s leading champions of Americans exposed to asbestos and then afflicted with mesothelioma. We have won many millions of dollars for workers who were exposed to asbestos. This Monday, we want to take a moment to help raise awareness for the future victims of asbestos exposure. Please, on Monday, help get the word out about mesothelioma and the clear and present dangers of asbestos. If you or someone you know has a question about mesothelioma or asbestos exposure, feel free to contact our representatives. And if you or a loved one has mesothelioma, that is all the more reason to let your voice be heard.
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| 1978 Pinto explosion lawsuit, like asbestos verdicts, held negligent corporations responsible |
33 years ago today, three teenage girls died after their 1973 Ford Pinto caught fire after being rear-ended by a van on an Indiana highway. The tragedy ended in a historical lawsuit in which the Ford Motor Company was charged with reckless homicide. Much like the asbestos verdicts, the lawsuit taught corporations what Americans would not accept: deadly workplaces, dangerous products, and “callous indifference to public safety.” The explosion that killed the Erlich girls was not the first: rear-impact collisions involving Ford Pintos had a tendency to end in a burst of flames, and the ensuing lawsuit was not the first leveled against Ford because of the Pinto’s flammability. But it was the first lawsuit that charged a corporation with murder. As often happened with asbestos verdicts, the jury sided with the plaintiffs, finding Ford responsible for the deaths of the three young women. When a grand jury returned indictments against Ford on three counts of reckless homicide in the Ehrlich case, it was the first time that a corporation had been charged with murder. (History.com) Though the reckless homicide conviction was ultimately overturned, the case was part of a nationwide change in mindset about corporate responsibility, which had begun in the 1960s with the first asbestos and mesothelioma lawsuits and landmark asbestos verdicts. An earlier lawsuit against Ford for an explosive death in situation nearly identical to the Erlich girls’ was upheld, with a California appeals court finding that Ford’s "institutional mentality was shown to be one of callous indifference to public safety." In May 1972, a woman was killed when her Pinto caught fire after being rear-ended on a highway. Her passenger, Richard Grimshaw, suffered burns on over 90 percent of his body, and sued Ford for damages. Mr. Grimshaw’s lawyer found that the Pinto's gas tank was located behind the rear axle, leaving it vulnerable to rear-end collisions. Not only had Ford known about this design flaw, they opted not to change it because of costs—a decision one could only classify as callously indifferent to public safety. As with asbestos corporations, cost-effectiveness had been prioritized over public safety. It was only through lawsuits and compensatory asbestos verdicts that large corporations learned it was more cost effective to create safe products and in the case of asbestos, safe products and workplaces. |
| Tornado Sheds Devastating Light on the Asbestos Problem in Joplin |
In May, the region of Joplin, Missouri was struck by a devastating tornado, “the deadliest to have hit the United States since 1953.” (Time)
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| Researchers fear North Dakota erionite will lead to mesothelioma epidemic, as it did in Turkey |
Michele Carbone of the University of Hawaii Cancer Center (which recently received $3.6 million from an anonymous donor, to support mesothelioma research) has spent much of his career working with three mesothelioma-stricken towns in Turkey. Years of research led the doctor and his team to the conclusion that erionite in rocks used to build villagers’ homes was the cause of the towns’ astounding mesothelioma mortality rates. Ed Yong provides the following figures to demonstrate the abnormality of the Turkish communities’ plight: “Since the 1970s, this rare type of cancer has been responsible for almost half of all the deaths in three villages – Tuzkoy, Karain and Sarihidir. For comparison, in 2008, the disease only accounted for 0.4% of deaths in the UK.” Now Dr. Carbone is worried about people in towns nowhere near Honolulu or Karain. In Dunn County, North Dakota, there is naturally-occurring erionite in the gravel paving over 300 miles of road. Carbone and fellow researchers had cause for concern, and their findings in a recent study validate those concerns: “Airborne erionite concentrations measured in ND along roadsides, indoors, and inside vehicles, including school buses, equaled or exceeded concentrations in Boyali [an erionite-rich town in Turkey], where 6.25% of all deaths are caused by MM [malignant mesothelioma].” However, there was some good news: “With the exception of outdoor samples along roadsides, ND concentrations were lower than those measured in Turkish villages with MM mortality ranging from 20 to 50%.” This does not mean that North Dakotans should assume they are safe, however—the physical and chemical properties of erionite from Turkey and ND are “very similar, and they showed identical biological activities.” Dr. Carbone writes, “We hope that the lessons learned from such experiences will help to prevent a possible new wave of [malignant mesothelioma] in the United States that could be caused by erionite.” |
| U.S. Navy asbestos exposure under the sea: innovative recycling or recipe for disaster? |
Will a manmade reef—made from The USS Arthur W. Radford, a 563-foot naval destroyer active from 1977 to 2003—bring Navy asbestos exposure to the underwater ecosystem it is supposed to support? Like the asbestos materials meant to protect the sailors and ships that instead gave many sailor asbestosis, mesothelioma, and other asbestos diseases, will the contaminants aboard the Radford do more harm than good? That’s the argument going on between supporters of the artificial reef and skeptical environmentalists. The Seattle Times reports that private contractors are preparing to sink the Radford into the Atlantic Ocean, twenty miles east of Fenwick Island, in “the latest addition to a Navy recycling program that turns outworn warships into habitats for marine life.” Sinking naval vessels for artificial reefs is meant to create a habitat for animals, a boost in tourism by creating an unconventional reef, and way to get rid of decommissioned Navy ships. Environmentalists worry that pollutants like PCB and asbestos could affect the fish native to area, draw in fish from other places, disrupting the ecosystem, and possibly poison people who eat the fish that live in the artificial reef. Though PCB-contaminated fish does not cause lung cancer, like asbestos can, it is a frightening prospect, and one that environmentalists like Colby Self, the green-ship recycling coordinator for the Basel Action Network, can envision all too well. “They're throwing debris down there and saying it's an economic opportunity, but they're not looking into the environmental impacts," he said. Despite the worries of federal officials and marine biologists, the Navy still plans to sink the destroyer.
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| Former Projectionist Wins Over $2.3 Million to Date in Mesothelioma Settlement |
| Written by Victoria Davis |
| Monday, 19 July 2010 18:29 |
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A New York City man who worked for more than 20 years as a professional projectionist for the airlines and in dozens of movie theaters in the New York metro region found out too late that asbestos insulation that was used on projector lamp wires exposed him to asbestos, a mineral that can lead to mesothelioma cancer and lung cancer. Tragically, his work-related exposure to asbestos caused him to develop malignant mesothelioma. While many mesothelioma cancer patients typically lose their lives during the first year after their diagnosis, this man has been valiantly battling his illness for almost eight years. During the years he has been fighting his illness, his lawyers at the New York City law firm of Weitz & Luxenberg have been fighting for justice for this man and his children, having secured approximately $2.3 million in lawsuit settlement proceeds. As part of his mesothelioma cancer lawsuit, he gave testimony about his work history, mesothelioma diagnosis and his prognosis. His first exposure to the dangerous mineral came when he was a small child. His father, who worked at New York City’s Brooklyn Navy Yard for several years prior to WWII, worked with asbestos products on the job. He recalled his father arriving home each night covered in what he now knows were asbestos-containing dusts: “I remember him coming home….he would come home all full of dust and all kinds of dirt.” For a short time before enlisting in the military and for approximately one year after his discharge, the man testified he worked for a plumbing supply company in the Coney Island section of Brooklyn as a clerk. His daily duties required him to cut asbestos pipe covering for customers, handle large bags of asbestos-containing cement, and sweep up the storeroom where the pipe covering was cut and asbestos-containing materials (ACM) were stored. Asbestos Insulation in Projectors and Projection Rooms In his deposition, the man described the work of a professional projectionist and his work with commercial movie projectors during the 1960s-1980s. An average- length movie would be shipped to theaters on 6 reels of film, and the screening of those films required him to load and reload the reels onto one of the two projectors in the projector room. During the screening of a movie, he testified he would have to clean out the lamp house multiple times during the day: “After each reel of film you'd clean out the carbons, the carbon drippings, and flaking from the asbestos would get in there… you had to keep the lamp house clean at all times to get the most out of the light.” Symptoms of Mesothelioma First Discovered After his surgery, the man underwent 35 sessions of concurrent radiation and chemotherapy. He testified that the treatment left him with recurring nausea from the chemotherapy and a constant feeling that something was caught in his throat that made it hard to swallow. Emotional and Financial Effects on His Life and his Family He testified that both parents suffered from medical conditions that prevented them from being able to drive and that both parents required assistance with shopping, household chores and other day-to-day help “to get around.” He also testified that his older brother and two adult children both lived in the New York area, leaving both he and his parents without other family to provide day-to-day assistance with his health problems or to help his parents. When asked about how his condition was affecting his life, he expressed concern about his aging parents and who would provide care for them if his illness prevented him from helping them. He was also worried about how his health would impact his plans to serve as his son’s best man at his wedding, which was scheduled for the following year. He also expressed sorrow about his prognosis, and sadness about whether he would survive his illness long enough to see his children start their own families. The financial implications were also a concern, as his only income at the time was from a small pension from his job as a toll booth attendant for the State of Florida, and testified that his $367 per month pension was reduced to under $100 after monthly insurance premiums were deducted. At the time of his deposition, he had not filed for either workers’ compensation or social security benefits. About Mesothelioma Cancer Mesothelioma disease is an asbestos cancer that is almost always caused by asbestos exposure. The cancer affects the mesothelium, the membrane that forms the lining of bodily cavities. When mesothelioma develops in the chest cavity, it is known as pleural mesothelioma (or lung mesothelioma). When it develops in the abdominal cavity, it is known as peritoneal mesothelioma. Currently, there is no cure for mesothelioma and treatment options are generally palliative in nature, i.e. they are designed to provide relief from mesothelioma symptoms. Frequently reported symptoms of mesothelioma are coughing, difficulty breathing, abdominal swelling, fever and night sweats. One mesothelioma treatment approach is photodynamic therapy. The mesothelioma treatment PDT utilizes light of a specific wavelength to kill cancer cells. Weitz & Luxenberg Mesothelioma Attorneys If you or a loved one has been diagnosed with mesothelioma, a Weitz & Luxenberg mesothelioma attorney may be able to help. Weitz & Luxenberg is a leading mesothelioma law firm that has recovered millions of dollars in mesothelioma cases. The firm's clients include former mechanics, sheet metal workers, construction workers, electricians, plumbers and others suffering from mesothelioma. Weitz & Luxenberg asbestos attorneys have been recognized as the "Best Lawyers of New York" by New York Magazine. For a free, online case review from an asbestos lawyer, visit http://www.weitzlux.com. For more information on jobs that involve a risk of developing mesothelioma, visit http://www.mesotheliomajobs.com. |
| Last Updated on Thursday, 05 August 2010 21:45 |


