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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 NYC Sanitation Worker Wins Over $4.7 Million to Date in Mesothelioma Settlement |
| Written by Gustoff Melman |
| Friday, 23 July 2010 19:08 |
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For over 20 years, a New York City man who spent each day breathing in noxious fumes while collecting trash for the Department of Sanitation developed a serious form of asbestos cancer—not from what he could see and smell while on the job—but from the microscopic asbestos fibers from flaking insulation and vehicle brake repair work conducted at the Department’s garages. During his battle with his disease, his lawyers from the law firm of Weitz & Luxenberg have also been fighting for him, his wife and his adult children. As part of his mesothelioma lawsuit, the man provided testimony about his work history and how he came to be exposed to cancer-causing asbestos. During his tenure with the Sanitation Department, the man was assigned to department garages in the Bronx and Queens, where he worked as part of crews that completed trash collections in areas where daily collections could not be completed. During the winter months, the man also drove and worked on crews that cleared snow and salted streets throughout the city. He testified that when not on the road, he was required to spend his shift time onsite at Sanitation Department garages, where he routinely would bring trucks to the mechanics’ bays for service and repairs, as well as move trucks in the mechanics area. While he did not perform brake repair work for the Department, he recalled that he was often in the mechanics’ area when brake repairs were performed, causing him to be exposed to asbestos. He also related information about a Sanitation Department garage in Queens that was suddenly closed because of asbestos contamination: “…We were sent there to work at this certain garage… and went there to report in and there was no one there, it was locked up…They were doing construction work and one day -- actually, the security man, which was a sanitation worker, said everybody is in the huts over there, they shut this place down for asbestos.” In addition to his asbestos exposure while working for the Sanitation Department, he also testified that he had secondary exposure to asbestos as a child. He related that his late father, who worked as an electrician at New York’s Brooklyn Navy Yard, worked in areas where asbestos was present, even though he was unaware of his father’s asbestos exposure history until many years later: “He would come home every night dusty, dirty; dusty and dirty. And at the time I had no idea what it was.” Diagnosis with Mesothelioma Cancer The man underwent surgery, where the tumor was removed. However, he had to undergo a second surgery several months later: “…I was in a lot of pain and I took another x-ray and they blamed it on the scar tissue and dried blood that was still remaining in the lung. And I had to go back in and they put a couple tubes down me to drain out the lung.” During his initial treatment and surgeries, the man also recalled that his doctors began to ask him questions about how, when and where he had been exposed to asbestos, and that his medical team had explained to him that his malignant mesothelioma was caused by asbestos exposure. Worries about Health, Prognosis and Finances He also expressed worries about his wife of almost 40 years, who had been battling ovarian cancer for a number of years. He testified his wife had taken on more responsibilities at home because of his own health problems: “Well, especially in the beginning, I couldn't do anything. But even as of now, take turns at even walking my dog. It's hard, especially when it's so cold out, she'll help me there. I couldn't help with a load of Christmas decorations, little things. She's -- she's really doing a lot of stuff that I would do.” At the time of his deposition, he and his wife were living on his pension and social security benefits. Aside from daily living expenses, he testified that he was paying out-of-pocket medical expenses for his medical care, including some significant medical expenses not covered by his insurance. He also related that his finances were being drained because of medical co-pays: “And every time I see a doctor, there's $10 co-payment, you know, maybe just a couple hundred on prescriptions, $10 here, $10 here.” Thanks to the dedicated work of his asbestos lawyers at Weitz & Luxenberg, he, his wife have benefited financially by over $4.7 million in mesothelioma lawsuit settlement proceeds. About Mesothelioma 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 a leading mesothelioma 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 21:44 |


