Cancer Society: Ban Asbestos to Stop Mesothelioma and Asbestos Cancer Death

Canada has long been the world's largest exporter of chrysotile asbestos, which accounts for more than 90% of the asbestos historically used in the United States.

The Canadian government continues to claim that chrysotile asbestos is safe.

Now Canadian cancer experts are taking a stand against this long held government policy which seeks to protect the prized, but deadly, mineral and the profits it brings to Canadian mines and manufacturers.

The Canadian Cancer Society is now calling for an asbestos ban.
http://www.canada.com/topics/news/story.html?id=50d51cc6-b606-4ffd-a1c9-db40c1e8d42b&k=15816

According to this Canada.com article: "The society believes that exposure to asbestos must stop so that asbestos-related diseases can be eliminated," Barbara Whylie, CEO of the Canadian Cancer Society, said in a written statement.

In response, Pat Martin, an MP and former asbestos worker was quoted as saying:

"....it was high time a group as credible as the Canadian Cancer Society 'debunked the myth' that chrysotile asbestos is safer than other types of asbestos."

It is refreshing to see an influential group like the Canadian Cancer Society challenge the Canadian government's irresponsible position that has caused tens of thousands of workers in Canada and the United States to develop mesothelioma and asbestos cancer.

The same propaganda put out by the Canadian government is adopted by American corporations who seek to avoid responsibility for compensating asbestos victims.

Chrysotile asbestos accounts for nearly all the asbestos ever used in the United States and is the greatest contributor to malignant mesothelioma in this country.

Early Diagnosis of Mesothelioma By Testing Levels of Mesothelin in Pleural and Peritoneal Effusions

Mesothelioma researchers in Australia have announced that mesothelioma can be diagnosed at an early stage by testing levels of mesothelin in fluid taken from a pleural effusion or peritoneal effusion. http://www.cancerpage.com/news/article.asp?id=11098 Such effusions are a classic mesothelioma symptom and testing fluid from pleural and peritoneal effusions is often the first diagnostic test for suspected cases of mesothelioma.

According to the article in Cancerpage.com, the team of Australian researchers, led by Dr. Jenette Creaney, maintains that: "Measurement of mesothelin levels in effusions could facilitate earlier diagnosis."

The article also states: "Dr. Creaney and associates previously showed that serum levels of mesothelin had high specificity and moderate sensitivity for mesothelioma. Based on these findings, the US Food and Drug Administration has approved the use of serum levels of soluble mesothelin for disease monitoring in mesothelioma."

The possibility of a test that could detect mesothelioma at an early stage could extend and perhaps even save lives. Most cases of mesothelioma are diagnosed at advanced stages when the mesothelioma has already spread in sheets throughout the pleura or peritoneum.

We hope this break-through will lead to earlier mesothelioma diagnoses and ultimately a mesothelioma cure.

Texas Suit Claims Asbestos Caused Refinery Worker's Colon Cancer, Death

According to an article on asbestos exposure in the Southeast Texas Record, William Holmes, a local refinery worker, died of colon cancer more than a year ago. His benefactor, Joy Holmes, claims William's cancer was caused by asbestos and is suing Chevron U.S.A. and Texaco for negligently exposing him to the "toxic" dust during his employment at the Port Arthur plant.

According to the American Cancer Society, colorectal (colon) cancer is one of the leading causes of cancer-related deaths in the U.S. There is no single cause for colon cancer. Nearly all colon cancers begin as benign polyps, which slowly develop into cancer. And in almost all cases, early diagnosis can lead to a complete cure.

However, Joy Holmes and her attorney are confident William Holmes colon cancer developed from asbestos exposure.

"During Holmes employment as a laborer and outside machinist, he used and was exposed to toxic materials including asbestos dust and/or fibers," the suit said. "As a result of such exposure, Holmes developed an asbestos-related disease, specifically colon cancer, for which he died a painful and terrible death on March 1, 2006."

The suit alleges that the oil conglomerate knew for decades that asbestos-containing products could cause the disease asbestosis and other asbestos-related cancers but still allowed its employees to work with and around the naturally occurring mineral.

Asbestos, an excellent fire retardant, was used for centuries in the construction of buildings.

Joy Holmes is suing for exemplary damages and seeks "to recover from the defendant an amount in excess of the jurisdictional limits of this Court. "Further, plaintiff seeks a claim for prejudgment interest for all elements allowed them," the suit said.

Asbestos and the World Trade Center Ad

I was doing a little more research on Asbestos and the World Trade Center buildings, and I came across the above advertisement on Gawker.com and their ongoing Lies Well Disguised series of Blog Posts. Back in 1981, there was research coming out that Asbestos was cancer causing and this ad was in rebuttal to that research touting the benefits of using Asbestos. The text over the Twin Towers states, "When the Fire Alarm Went Off, It Took Two Hours to Evacuate New York's World Trade Center." I do not need to remind anyone of the images of September 11th and this ad. The copy below the ad goes on to mention all of the places that Asbestos was used in the World Trade Center. I can not not think of all of the innocent victims in the area that were exposed to all of the dust, smoke and inherent asbestos that was in the air after the buildings collapsed. The cloud of smoke went across the entire city and potentially exposed hundreds of thousands of individuals to asbestos. Hopefully there can be a cure or treatment for Mesothelioma before all of these potential victims are diagnosed.

Questions Surrounding Asbestos from World Trade Center Collapse

According to a recent USA TODAY article, when the World Trade Center collapsed, thousands of tons of asbestos spewed into the air of Lower Manhattan. In recent months, the asbestos has aroused more fear and blame than any other pollutant in the controversy over air quality near Ground Zero. Asbestos does not cause the respiratory and eye problems that many New Yorkers are experiencing, but the microscopic fibers do cause lung cancer.

Officials at the Environmental Protection Agency say city officials took responsibility for whether buildings should be reoccupied. So the EPA restricted its testing to air and dust levels outdoors. Despite the lack of monitoring, EPA officials started reassuring the public soon after Sept. 11 that asbestos posed no problem. "EPA is greatly relieved to have learned that there appears to be no significant levels of asbestos dust in the air in New York City," EPA chief Christie Whitman said Sept. 13. Whitman and other EPA officials neglected to say that the agency tested only outdoors, where air pollution and toxic dust are quickly diluted to harmless levels.

Dozens of private firms have run tests, but the results can be controversial. A private scientific firm hired by elected officials found up to 79,000 of the most dangerous types of asbestos fibers per square centimeter in the dust in an apartment near Ground Zero. "These dust numbers are extraordinary," says Richard Lee, president of RJLee Group, a materials lab and consulting firm. "I think you'd have to recommend, based on (these) numbers, that these be professionally cleaned."

Even one-time doses of asbestos, if large enough, can raise the risk of mesothelioma, a rare cancer.

Alimta Plus Platinum Compound May Help Treat Malignant Pleural Mesothelioma

CancerConsultant.com reported today on new results for the treatment of malignant pleural mesothelioma with the cancer drug Alimta plus a platinum compound such as cisplatin or carboplatin. http://patient.cancerconsultants.com/CancerNews.aspx?DocumentId=40044

According to the article, "the chemotherapy combination consisting of Alimta plus a platinum compound provides signficant anticancer activity in patients with newly diagnsed mesothelioma.

According to Eli Lilly, Alimta in combination with Cisplatin is the only chemotherapy agent to be FDA approved for the treatment of maligant pleural mesothelioma. http://www.lillyoncology.com/professionals/alimta_mpm_clinical_data.jsp

Mesothelioma Clinical Trial Utilizing Gene Therapy Offers Hope for Longer Survival

Daniel H. Sterman, M.D. is the lead doctor at University of Pennsylvania treating patients with mesothelioma in a clinical trial using gene therapy. This new mesothelioma treatment offers hope for extending life for mesothelioma patients. One patient who developed mesothelioma from asbestos exposure was recently featured in the Philadelphia Enquirer after he survived for more than three years with mesothelioma. He was treated with gene therapy at the University of Pennsylvania. http://www.philly.com/inquirer/obituaries/7780776.html

Dr. Sterman's mesothelioma clinical trial has been described at http://www.nynjmesothelioma.com/new-mesothelioma-treatment.php

For more information, contact Dr. Sterman at: http://www.uphs.upenn.edu/lungctr/paccd/pulmonary/physicians_staff/faculty/dsterman.html

Dr. Sterman is one of the top mesothelioma doctors searching for a mesothelioma cure.

New York Mesothelioma Lawsuit Proceeds to Trial on Behalf of New Jersey Victim

The New York mesothelioma lawsuit involving Joel Rosenberg, one of many New Jersey mesothelioma victims who have filed mesothelioma lawsuits in New York City, is proceeding to trial.

Mr. Rosenberg, who died at the age of 64, was a life-long electrician with the International Brotherhood of Electrical Workers ("IBEW"), Local 3 (www.local3.com). His father, also an electrician for IBEW, died from mesothelioma in 1981. Electricians, such as Mr. Rosenberg and his father, sustained asbestos exposure from a variety of sources including the cutting and splicing of wire and cable that was insulated with asbestos.

Mesothelioma is a rare asbestos cancer, which occurs primarily in the lining of the pleura (surrounding the lungs) and the peritoneum (surrounding the abdominal cavity). There are only approximately 3,000 cases of mesothelioma diagnosed annually; in comparison approximately 160,000 case of lung cancer are diagnosed each year.

Mr. Rosenberg was diagnosed in New Jersey with pleural mesothelioma in April of 2006 and later received mesothelioma treatments including specialized chemotherapy. Prior to his death in May 2007, Mr. Rosenberg gave sworn testimony, by videotape, which will be shown to the jury at trial. The Rosenberg lawsuit is being continued by Mr. Rosenberg's widow, Sharon Rosenberg, who is also a plaintiff in the case. The companies expected to stand trial include manufacturers of products causing asbestos exposure, contractors who used asbestos materials at work sites, and at least one premises owner who specified the use of asbestos materials.

The New York and New Jersey Mesothelioma Attorneys from Levy, Phillips & Konigsberg, LLP ("LPK"), www.lpklaw.com, have represented victims of mesothelioma in lawsuits for more than 25 years and represent the Rosenberg family.

Read more about the New York Mesothelioma Rosenberg Lawsuit.

Asbestos Deaths in U.S. Rising, Study Says

According to a recent article, about 10,000 people die each year from diseases caused by asbestos. These numbers are set to rise. This growing public health crisis was the subject of a new study carried out by the Environmental Working Group (EWG) in Washington, D.C. The study states that over the next ten years the number of deaths will far exceed 100,000. It also calls for a ban on asbestos and asks for federal asbestos screening.

Senator Orrin Hatch (Utah) called for a session to finish legislation to replace asbestos lawsuits with a victims' fund that would be supported by companies and insurers. However, Richard Wiles, the author of the report, called the Senate proposal “grossly insufficient,” adding that this was a public health issue, not an economic one.

The researchers in this study looked at deaths from just two causes: mesothelioma and asbestosis, gathering government data over a period of 25 years. While most deaths were among people who had been exposed to asbestos as a material for fire-proofing many years ago, over a million Americans today are exposed to asbestos in their work. Millions of others are exposed to asbestos in the environment. Inhaled asbestos fibers are linked to cancer and other illnesses. Concluded Wiles, “We're at the beginning of a tidal wave of asbestos diseases and mortality that needs to be brought to the attention of the public, federal policymakers and health officials."

Average Age of Mesothelioma Patients Dropping - Younger People Continue To Be Diagnosed

The Asbestos Disease Awareness Organization (ADAO) has reported that people are being diagnosed with asbestos-related diseases including mesothelioma at younger ages. A good write-up on this new report appears in a June 13, 2007 article at http://www.occupationalhazards.com/News/Article/67510/Study_Asbestos_Disease_Patients_Younger_Now.aspx

Occupational Hazards.com also quotes Dr. Robert Taub of the Columbia University Mesothelioma Center in New York City:

“The average age of our peritoneal mesothelioma patients is 51.7,” said Dr. Robert Taub, Milstein professor of clinical medicine and director of the Columbia University Mesothelioma Center. “And less than 50 percent had immediately recognizable asbestos exposure.”

Two comments about Dr. Taub's statement:
(1) The young average age of peritoneal mesothelioma patients reinforces the need for more money for mesothelioma research with the ultimate goal of finding a mesothelioma cure.
(2) The fact that asbestos exposure is not "immediately recognizable" in many cases means that is very important for doctors to take a detailed occupational and social history designed to identify possible sources of asbestos exposure, so that the cause of the person's mesothelioma can be determined and so other workers can be protected in the future.

In our mesothelioma law practice at Levy Phillips & Konigsberg, LLP, www.lpklaw.com, we investigate all possible sources of asbestos exposure for our clients who have developed mesothelioma. In this way, the companies responsible for causing the disease can be held accountable. For more information visit, www.nynjmesothelioma.com.

Senator Boxer's Statment in Support of Ban on Asbestos Opens Hearing

Senator Boxer opened a Senate Hearing today on the subject of banning asbestos in the United States with a statement that has been posted online at http://www.yubanet.com/artman/publish/article_58942.shtml

Senator Boxer stated: "This is an important hearing for millions of Americans who have been exposed to asbestos, for their families, and especially for the thousands of American families who have lost family members to asbestos-related lung disease and cancer. Millions of Americans are still being exposed to asbestos today, and if we don't act, countless more people will get sick and die in the future."

In her compelling speech, Senator Boxer described the stories of several women who died from mesothelioma and showed a photograph of a human lung "damaged by mesothelioma".

Senator Boxer described the shameful and continuing importation of asbestos products into the United States including automotive brake and clutch parts.

The problem of asbestos in brakes and clutches and the risk of mesothelioma caused by automotive repair has been discussed at http://www.nynjmesothelioma.com/news_asbestos_ford_training.php

In fact, the above article discusses the fact that even the automotive industry itself acknowledges the health hazards posed by the use of asbestos in brakes and clutches.

New Approaches to Cancer Treatment Now Studied

Because chemotherapy drugs have not been very effective against advanced mesothelioma, several new approaches to cancer treatment are now being studied. These include anti-angiogenesis drugs (which kill cancers by stopping their blood supply) such as Bevacizumab (Avastin) and anti-growth factor drugs (which interfere with substances some cancer cells produce to stimulate their own growth) such as Erlotinib (Tarceva).

Avastin is the first U.S. Food and Drug Administration (FDA) approved therapy designed to inhibit angiogenesis, the process by which new blood vessels develop and carry vital nutrients to a tumor. You can learn more about it here.

Tarceva is a pill taken by mouth to treat cancer. It is prescribed for patients with advanced Non-Small Cell Lung Cancer (NSCLC) who have received at least one previous chemotherapy regimen. You can learn more about it here.

If you live in the NY area and have mesothelioma that may have been caused by negligence, you may be entitled to compensation. Contact the law firm of Levy Phillips & Konigsberg LLP for more information.

Response to MesoBlog.org Post on Mesothelioma and Asbestos Exposure

This is a response to the MesoBlog.org post dated June 5,2007 at http://www.mesoblog.org/blog/mesothelioma-incidents-increasing-in-younger-people/.

While it is true that the median age of those diagnosed with mesothelioma is decreasing, and that younger people are being diagnosed with increasing frequency, it is not true that 40% of people diagnosed with mesothelioma "never came in contact with asbestos."

It is well-established that a history of occupational asbestos exposure is reported in the vast majority of mesothelioma cases. In fact, the National Cancer Institute states that 70-80% of mesothelioma patients have a "history of asbestos exposure at work". http://www.cancer.gov/cancertopics/factsheet/Sites-Types/mesothelioma

Of the remaining cases of mesothelioma, many can be attributed to some identifiable household exposure, such as laundering the clothing of a family member or performing home renovations and repairs that utilized asbestos-containing products. http://www.nynjmesothelioma.com/exposure.php#homerenovation

Questions to Ask When Choosing a Mesothelioma Law Firm in New York or New Jersey.

You live in New York or New Jersey and you (or a family member) have just been told that you have mesothelioma. You learn that you have a potential mesothelioma lawsuit, given that asbestos is the only established cause of mesothelioma in the United States. You go on the Internet and find out that there are many law firms in the United States that advertise themselves as "Mesothelioma Law Firms". What questions should you ask when choosing a "Mesothelioma Law Firm", particularly if you live (or were exposed to asbestos) in New York or New Jersey.

Here are some important questions to ask:

1. Does the law firm have offices in New York and New Jersey?

2. Has the law firm obtained jury verdicts in mesothelioma cases in New York and New Jersey?

3. Does the law firm have a proven track record in litigating mesothelioma cases in New York and New Jersey?

4. How many clients does the law firm represent? Will your mesothelioma case be "just another number" to the law firm handling the case?

The answers for Levy Phillips & Konigsberg, LLP ("LPK"), http://www.lpklaw.com, are:

1. Yes.
2. Yes.
3. Yes.
4. LPK represents a limited number of clients and gives individual attention to each case.

These Qs and As appear in more detail at: http://nynjmesothelioma.com/qanda.php

Asbestos Mesothelioma Lawsuit Moves to Trial

Levy Phillips & Konigsberg, LLP filed an asbestos mesothelioma lawsuit on behalf of a New Jersey woman who was exposed to asbestos as a result of her husband and children performing brake work. The woman was diagnosed with mesothelioma in 2002 and died from her illness shortly after mesothelioma treatments were attempted at Virtua West Jersey Hospital. The suit is set to go to trial this summer.

Brake dust, containing asbestos, can be released when a brake disk or drum is removed from a vehicle. The dust is frequently invisible to the naked eye, but if the brakes contain asbestos, then the dust released from the brakes will contain asbestos.

During the trial, it will be argued that the brand predominately used for the brake work was asbestos-containing Bendix brakes. The victim was unknowingly exposed to asbestos as a result of her laundering the dusty clothes and the used rags that were used by her husband and children after they performed the brake work in the garage and driveway of their New Jersey home from the 1960s through the 1980s. The victim would shake out the dirty clothes and dusty rags and then launder them without any realization that she was neither in any danger nor that she was being exposed to asbestos-laden dust.

This lawsuit is coming on the heels of a new set of recommendations from the Environmental Protection Agency in March 2007 entitled, “Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers” which is similar to guidance that EPA has been distributing since 1986. The EPA states in this publication that by using the recommended practices, home mechanics can minimize potential exposure to asbestos and reduce their potential risk of developing asbestos-related disease.

To read the entire article, please see Asbestos Mesothelioma Lawsuit filed by New Jersey Mesothelioma Attorneys Levy Phillips & Konigsberg, LPP, Moves to Trial.

9/11 Death Toll Rises 6 Years Later

In an article put out by The Associated Press last week poses a new question for 9/11 survivors - how many will they be added to the list of victims?

Family members of ground zero workers who died after breathing in toxic dust from the collapsed World Trade Center say they want their relatives officially recognized as victims of the terrorist attacks of Sept. 11, 2001.

The official list of victims increased by one, nearly 6 years after the 9/11 terrorists attacks. A New York attorney, Felicia Dunn-Jones, who died of lung disease months after the attack, probed her family members to find out what distinguished her death from the scores of others attributed to the aftermath.

According to the article, the city medical examiner's office said that her death was the only Sept. 11-related fatality it has been asked to review and definitively link to the twin towers' collapse. In the future, the medical examiner will review any case if a family makes such a request.

This raise in death-toll, to 2,750, nearly 6 years later poses questions in the minds of family members who have since lost someone who could possibly be added to this ever-increasing list. It's up to Chief Medical Examiner Charles Hirsch to decide whether to reclassify any deaths.

Family members want their loved one to be honored as an official 9/11 victim and at least two families are seeking re-examination. These cases include a police detective who became sick and died in 2006 of respiratory diseases and Deborah Reeve who also died last year of an asbestos-related cancer from the toxic dust at ground zero.

Since Dunn-Jones fled the collapsing towers from her office a block away and her death is being added to the official list of victims, another question is posed against the city, will there be lawsuits accusing the city of negligence for failing to protect workers and residents from toxic air at the site.

Are you or a family member a possible victim of 9/11? Get representation by New York and New Jersey asbestos attorneys, Levy Phillips & Konigsberg LLP.

Submit your case for review.

How to find a Mesothelioma Law Firm on the Internet

If you search the terms mesothelioma, mesothelioma lawyer, mesothelioma attorney, etc. you will be bombarded with websites promising free consultations from "mesothelioma lawyers". Be careful. You only have one opportunity to get the compensation that you and your family deserve.

The first thing you should ask yourself is: who owns this website and exactly who is going to be calling me about a free consultation. First of all, you want to know whether the law firm has experience in mesothelioma lawsuits. How long have they been handling mesothelioma lawsuits? Have they ever taken a mesothelioma case to trial. If so, what were the results? Where does the law firm have offices?

Believe it or not, many people masquerading as "mesothelioma lawyers" on the Internet, have never even handled a mesothelioma case. A good comparison would be a company that signs you up for a mortgage for your home and just ships the loan to another company.

The lawyers at my law firm, Levy Phillips & Konigsberg LLP, directly handle mesothelioma cases in New York and New Jersey. My partner Stanley J. Levy was one of the first lawyers in the country to file a mesothelioma case. He blazed a trail about thirty years ago that has been followed by the attorneys at our firm. The best way to review a firm's track record is to review their website. If the you can't find a website for a law firm, that is a good sign that the are not a legitimate mesothelioma law firm. Check out our law firm website at www.lpklaw.com and our firm's mesothelioma information website at www.nynjmesothelioma.com.

Posted by Jerome H. Block, Esq.

Asbestos Lurks on CSUN Campus

At California State University, Northridge, 21 buildings have been identified to have asbestos contained materials within them.

Twenty-one buildings on campus have asbestos in their tile floor, thermal pipe insulators, or other forms of pipes. Notices have been sent out to faculty members and notification letters have been placed by the entrances each of the buildings. Areas with asbestos-contaminated pipes have stickers or placards on them to identify the asbestos.

If a person comes into contact with asbestos fibers, it can be brought home with them, by remaining in their shoes, clothes, skin and hair, according to the National Cancer Institute. However, it could take 10 to 40 years or more for an asbestos-related problem to pop up.

The Environmental Health and Safety Department has no plans to remove the minerals any time soon. In its current condition, the asbestos-containing material, supposedly does not pose any health risk. The asbestos poses a serious health risk when it is deteriorating, disturbed, or damaged.

Have you been exposed to asbestos in the workplace and want more information? Read more on asbestos exposure.

The Search For Better Asbestos Removal Technology

Earlier this week, the Environmental Protection Agency released a Project Summary for the Alternative Asbestos Control Method. In this draft report, alternatives for the demolition process for buildings containing asbestos are evaluated. Two years ago, scientists and engineers from EPA’s National Risk Management Research Laboratory and the Dallas regional office compared the current process of demolishing a dilapidated, asbestos-containing structure with a new method called the Alternative Asbestos Control Method (AACM).

The pilot cleanup project was successfully completed in May 2006 at a secure location at Fort Chaffee, Arkansas. The location offered scientific side-by-side testing of the current asbestos removal procedures and the Alternative Asbestos Control Method (AACM).

Last month, EPA’s Office of Research and Development released for public and peer review a 205-page draft report titled “Comparison of the Alternative Asbestos Control Method and the National Emissions Standard for Hazardous Air Pollutants Method for Asbestos-Containing Buildings”.

Preliminary findings show the AACM procedures to be protective for clean up of many asbestos-containing buildings.

Read the Project Summary for the Alternative Asbestos Control Method Demonstration Project #1 at Fort Chaffee Redevelopment Authority, Fort Smith, Arkansas.

According to NYNjMesothelioma.com, in the United States, asbestos is the only confirmed cause of mesothelioma. Read more about asbestos exposure.

Hospital Fined Over $10k for Asbestos Violations

According to Statesman Journal of Oregon, Oregon State Hospital has been slapped with civil fines totaling $10,200 for asbestos violations. The penalties stem from in an incident in which hazardous amosite asbestos fibers may have been released into the air.

The Hospital hired a contractor to install a new water line dug into an old, asbestos-insulated pipeline at the Salem psychiatric facility in January, according to the state Department of Environmental Quality. A 1990 survey documented where asbestos is hidden at the 144-acre hospital campus, the pipeline being one of the places. The hospital failed to tell the contractor, Emery & Sons Construction, about the presence of asbestos.

The Department of Environmental Quality found asbestos insulation in a pile of dirt and debris next to the excavated pit. Insulation materials are considered "friable," which means they are likely to release fibers into the air when disturbed.

There is no safe level of exposure to asbestos, experts say. Inhaled fibers can lodge deep in lung tissue, increasing the risk of lung diseases, including cancer. Amosite asbestos, one of two types of asbestos found in the pipe insulation, is considered particularly hazardous.

Oregon State Hospital has until Aug. 18 to appeal regulatory fines totaling $10,200 for asbestos violations. Emery & Sons Construction has until Aug. 17 to appeal a $3,600 fine for conducting asbestos-abatement work without a license.

For more information, see the article on StatesmanJournal.com, Hospital fined for asbestos violations.

Asbestos exposure in the New York New Jersey area provided by NYNJMesothelioma.com

Asbestos-Related Cancer Claims Third Family Member Lawsuit Filed

New York Mesothelioma Attorneys File Lawsuit in Syracuse, NY After Rare Asbestos-Related Cancer Claims Third Family Member

Levy, Phillips & Konigsberg, LLP, New York mesothelioma attorneys, filed a lawsuit today in New York State Supreme Court, Fifth Judicial District, Onondaga County, Syracuse, on behalf of the third family member from Jefferson County, New York, to die from mesothelioma.

Donald Lozo, 67, who died in August 2005, was exposed to asbestos from talc, as was his late sister, Catherine, and late mother, Mary, who also died of asbestos-related cancer. Donald Lozo worked for more than a decade at the Carbola Talc Mine, Natural Bridge. Natural Bridge had a population of approximately 392 persons according to the 2000 Census and zero mesothelioma deaths would be expected.
The Lozo family's mesothelioma tragedy began in the 1930s when Alfred Lozo, husband of Mary and father of Donald and Catherine, began working at the Carbola Mine. For decades Albert Lozo would return from work at the mine with talc dust on his clothing and in the family car. Mary, Donald and Catherine were constantly exposed to this asbestos-laden talc dust.

Donald Lozo, whose estate filed its case today, also was exposed to contaminated talc when he worked in the mill at Carbola Mine in the 1950s and early 1960s. He also was exposed to asbestos used in industrial products while working as a member of Iron Workers Union, Local 60 beginning in the mid 1960s. The Carbola Chemical Company is one of the entities believed to be responsible for mining and milling operations during the years in which Alfred and Donald Lozo worked at the Natural Bridge facility, according to Patrick J. Timmins, Esq., another one of the New York mesothelioma attorneys working on the Lozo's case.

For years scientists have noted the high rates of asbestos-related cancer in New York State talc mining counties. One 2002 study published by the British Occupational Hygiene Society found Jefferson County, in which Natural Bridge is located, with the second highest mesothelioma death rate for females in the U.S. and the sixth highest for males, according to Komitor. Additionally, published studies have independently confirmed at least 15 mesothelioma deaths among talc workers in New York State.

Independent scientists and the National Institute of Occupational Safety and Health ("NIOSH") analyzed New York State talc in the 1970s and concluded that it was contaminated with asbestos. More recently, the New York State Department of Health again confirmed the presence of asbestos in the talc ore, Komitor said.

To read the full article and case captions visit Levy, Phillips & Konigsberg, LLP

New York Supreme Court Permits Asbestos Exposure Lawsuit to Go to Trial Against Cable Manufacturer, Okonite Company

A New York Supreme Court Justice has ruled that the asbestos exposure lawsuit of a former Elizabeth, New Jersey resident will move to trial, denying a motion for summary judgment filed by a cable manufacturer, The Okonite Company.

Leonard Shafer died at the age of 73 from mesothelioma. He was first exposed to asbestos working as an electrician at the Brooklyn Navy Yard in the 1950s. Evidence submitted by Shafer’s mesothelioma trial attorneys to the Court proves that, as early as January 10, 1941, Okonite was approved to sell asbestos-containing armored cable to the Navy. At the time of the approvals in 1941, cable manufacturers were required, under Navy Specifications, to include asbestos in heat and flame resistant, armored cable. However, military records establish that, in September 1941, cable manufacturers were given a choice whether to use asbestos or glass fiber. Despite the asbestos hazards to health, Okonite continued to sell to the Navy asbestos-containing armored cable.

Carmen St. George, a mesothelioma trial attorney in the New York and New Jersey offices of Levy Phillips & Konisberg, said that, "Mr. Shafer's death from mesothelioma could have been avoided if these companies would have acted responsibly and warned about the health hazards of asbestos. Justice Freedman's ruling properly places the factual issues surrounding Mr. Shafer's asbestos exposure where it belongs -- in the hands of the jury."

If successful, the Shafer mesothelioma case may pave the way for other litigants to proceed against Okonite for asbestos exposures into the 1950's.

Employees Exposed to Asbestos

According to The Post-Standard, Aapex Environmental Services could be fined thousands of dollars for exposing employees to asbestos during a botched cleanup project at the former Agway building in DeWitt.

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) cited Aapex for six "willful and serious" health violations and proposed fining the company $57,000. OSHA inspectors began investigating Aapex in November last year. OSHA identified several laws the company broke while doing work at the former Agway building, such as failed to monitor its employees' exposure to asbestos, falsified records, failed to perform proper air-sampling tests, failed to train employees on how to properly contain asbestos and allowed asbestos-contaminated water to leak from work areas.

According to the article, an Aapex supervisor in charge of the asbestos removal pleaded guilty last month to one felony count of conspiracy to violate the Clean Water Act, Clean Air Act and Superfund law and faces up to five years in prison and up to $250,000 in fines when he is sentenced Aug. 21 in federal court.

This wasn't the first violation for Aapex, in 2002 after owners admitted to improper practices during a job at Crucible Specialty Metals, OSHA issued Aapex four serious citations and the company agreed to pay $3,087 in fines.

Have you been exposed to asbestos in the workplace and want more information? Read more on asbestos exposure.

Asbestos Hazards in Ford Training Manuals Ruled by Court

On March 5, 2007, New York County Supreme Court Justice Karen S. Smith ruled that training manuals from Ford Co., and other companies, can be submitted at trial. Admissions of Ford that its asbestos-containing brakes are hazardous and can cause cancer. This ruling was handed down in a case involving complex asbestos litigation filed in New York City by the mesothelioma lawyers of Levy Phillips & Konigsberg, LLP.

The Ford training manuals' references to the asbestos hazards contradict Ford's position that asbestos-containing brakes are safe. The training materials are part of Ford's nationwide training program for independent Ford dealership employees, vocational instructors and automotive students. Ford offers its training materials to these groups as well as the public at large through the sale of publications, videos, and web-based training. In these materials, whenever Ford addresses asbestos in brakes, it warns of the asbestos hazards to health and often warns that asbestos from brakes can cause diseases including cancer.

To read the full article see Levy Phillips & Konigsberg, LLP news release, New York County Supreme Court Justice Rules that Admissions in Ford Training Manuals that Reference Asbestos Hazards to Health Are Admissible at Trial.

New York and New Jersey mesothelioma lawyers, Levy Phillips & Konigsberg, LLP, have filed complex asbestos litigation on behalf of numerous mesothelioma victims who were exposed to asbestos health hazards from automotive brakes. To seek legal counsel from Levy Phillips & Konigsberg, LLP go to www.LPKLaw.com

Regulations Loosened for Asbestos Demolition

The Sun Herald, a publication in South Mississippi, annouced in an article entitled, Asbestos demolition rules loosened for Coast, that a federal extension granted by the U.S. Environmental Protection Agency (EPA) late last week will allow twelve hundred more hurricane-destroyed houses in South Mississippi will be torn down under looser asbestos-handling requirements.

The U.S. Environmental Protection Agency (EPA) approved No Action Assurance to run until September 30, 2007. The extension applies to hurricane-destroyed houses in Hancock, Harrison, Jackson and Pearl River counties of South Mississippi.

The Mississippi Department of Environmental Quality (MDEQ), which sets regulations for air emissions of asbestos from building demolition and renovations for the state, estimated that at the end of the extension, 4,200 houses will have been torn down.

So what do these losser regulations mean? They mean county and city governments do not need to examine each structure (house) they allow to be demolished for asbestos if the structure appears to be unstable.

What can exposure to asbestos cause? In the United States, asbestos is the only confirmed cause of mesothelioma but not all asbestos exposures are the same. One breath of asbestos taken over a lifetime will not likely cause a disease. On the other hand, it is not necessary to be an “asbestos worker” in order to develop mesothelioma clinical symptoms. Read more on asbestos exposure.

Makers of Potential Mesothelioma Treatment Seeks Orphan Drug Status (Part 2)

Back in December we posted news about Biopharmaceutical company Alfacell Corp. asking the Food and Drug Administration to grant its lead drug candidate, Onconase, orphan drug status in the post - Makers of Potential Mesothelioma Treatment Seeks Orphan Drug Status (Part 1)

On January 30th, the Food and Drug Administration granted U.S. orphan drug designation for ONCONASE(R) for treatment of malignant mesothelioma. The generic name for Onconase(R) is Ranprinase.

Use the following links for orphan products:

• List of Orphan Products Designated January thru February 2007
• Cumulative List of All Orphan Designated Year to Date 2007
  

For more information on malignant mesothelioma and Onconase, please visit:

• Onconase: Potential Malignant Mesothelioma Treatment
• Asbestos Mesothelioma Resource for New York and New Jersey Residents

Ban Asbestos in America Act of 2007

On March 1st, the Mesothelioma Applied Research Foundation offered the endorsement of Senator Patty Murray's legislation, "Ban Asbestos in America Act of 2007."

Dr. Harvey Pass, Chairman of the Foundation's Science Advisory Board, testified before a Senate panel responsible for overseeing workplace safety. Pass praised the legislation Senator Murray introduced today for placing a high priority on federal funding for mesothelioma research and mandating a collaborative effort be made among the National Institutes of Health, the National Institute for Occupational Safety and Health and the Department of Veterans Affairs to find the disease in its early stages so that newer therapies can prolong patients' lives.

The Mesothelioma Applied Research Foundation is a non-profit organization, devoted to eradicating mesothelioma as a life-ending disease.

Use the links below to find more information about Mesothelioma:

• What is Mesothelioma?
• Where could I get asbestos exposure?
• Asbestos Mesothelioma Resource Center
  
• Mesothelioma Asbestos Attorneys in New York & New Jersey

Celebrities Gather for Mesothelioma Benefit

More than 350 guests gathered for a benefit in Los Angeles on February 10th to hear Grammy award winning trumpeter Chris Bottie and Jordan Zevon (Warren Zevon’s son), see Barbara McQueen as she promoted her latest book "Steve McQueen: The Last Mile", and listen to 2006 Tour de France winner Floyd Landis make a plea to raise awareness for the devastating disease. The Pacific Heart, Lung & Blood Institute raised $250,000 for asbestos cancer research.

The Institute feels that this fundraiser proved to be an enormous breakthrough for the cancer research they feel it does not receive the attention or funding that other types of cancer receive.

Dr. Robert Cameron, chief of thoracic surgery at UCLA's David Geffen School of Medicine and one of PHLBI's Scientific Advisors unveiled the latest research currently underway at the Institute. He said, "This event shows what can happen when people pull together for mesothelioma research. We have promising projects underway that may lead to more effective management of this disease for this and future generations."

Some donors included the International Association of Heat and Frost Insulators and Asbestos Workers Union, the estate of David “Punch” Worthington, PHLBI Directors John Markovich and Roger Worthington, and asbestos manufacturer Owens-Illinois, among many others. Proceeds from the benefit’s auction also brought in an additional $9,000.

PHLBI will also be conducting a clinical study over the next few months on union workers who were former heavy smokers and also exposed to asbestos for a free clinical trial using Celebrex. Testing is to determine whether or not Celebrex is effective as a preventive treatment for lung cancer for those who might be at risk.

For more information on asbestos-related mesothelioma, or to get in touch with a lawyer, please visit LPK Law.

New Study Brings Hope to Mesothelioma Patients

In a recent NYU study, doctors may now be able to better monitor patients with mesothelioma. The MESOMARK test by Fujirebio Diagnostics effectively measures proteins in the blood that indicate changes in the disease. The MESOMARK Assay is the first – and only – in vitro test for mesothelioma.

The disease, commonly contracted by exposure to asbestos, causes fluid to accumulate around the sac lining of the chest as well as the abdominal area. The test detects soluble mesothelin-related proteins (SMRP) which were previously elusive in laboratory tests.

Per Dr. Harvey Pass at the Department of Cardiothoracic Surgery, NYU School of Medicine, “we might finally be on our way towards improving survival rates and the quality of life for patients diagnosed with this aggressive and often fatal disease.”

Mesothelioma can often be difficult to diagnose as its symptoms can be related to many other causes. It can sometimes as long as seventy five years to develop, but once it does it’s aggressive and usually has about a 10 percent survival rate for patients three years after diagnosis. More than 100 million people worldwide have been exposed to asbestos in varying professions over many years. Most are completely unaware of the potential danger at the time of exposure or are unaware that they have been exposed. An estimated 10,000 new cases are diagnosed each year worldwide.

If you have asbestos-related mesothelioma, please visit LPK Law.

Man names 91 major corporations in asbestos suit

For 61 years, Rolland Bowan worked in a variety of jobs from a laborer and a mechanic, to a pest exterminator and factory worker. Bowan claims that he contracted mesothelioma as a result of inhaling, ingesting, or otherwise absorbing asbestos fibers emanating from certain products he was working with and around.

Bowan filed an asbestos suit in Madison County Circuit Court on January 25th claiming the disease was wrongfully caused. He names 91 corporations as part of the suit including the likes of Discount Auto Parts, Dow Chemical, Ford Motor Company, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, John Crane, Owens-Illinois, Sears and U.S. Steel.

The suit states that "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."

Bowan was diagnosed with the aggressive cancer in October, 2005. He maintains that the defendants knew or should have known that their asbestos-containing products would have a negative effect on people’s health. Bowen also alleges that the defendants used asbestos in their products when they could have eliminated using them in exchange for asbestos-free products.

Bowan seeks damages to cover the cost of his treatment. The suit seeks $250,000 in damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations.

Mesothelioma is an aggressive form of cancer that affects the linings of the body’s internal organs. Survival rates from time of diagnosis to death are from 4 to 18 months. Asbestos is the leading cause of mesothelioma although some unrelated cases also exist. Victims of mesothelioma can take legal action for compensation.

Well Known Mesothelioma activist dies

Those that work or have ties to the asbestos mesothelioma community are today grieving the loss of Les Skramstad. Skramstad passed away in his Libby, Montana, home of mesothelioma. He was 70.

Lee is best known as one of the first people to suspect a connection between working in mines and mesothelioma, an aggressive form of cancer. A former vermiculite miner from 1959 to 1962, Skramstad’s warnings were largely unheeded until 1999 ,when a Seattle newspaper published an expose. In it was documentation showing dangerous levels of asbestos plus proof that officials knew about it.

Mesothelioma has a latency period extending from 10 to 40 years and often acts as a time bomb for those who worked in the affected mines. When the EPA came in, they declared the Montana town a Superfund site and called the contamination “the most horrific environmental disaster in this country's history.”

Vermiculite is a lightweight mineral used in insulation and gardening soil. Years ago it was used in 35 million homes as well as New York’s World Trade Center. The Libby facilities emitted about 5,000 pounds of asbestos into the air each day, often spreading as far as 30 miles. It was eventually shut down in 1990.

For more information on mesothelioma, please visit NYNJMesothelioma.com

USG Makes Final Asbestos Trust Payment

USG Makes Final $3.05 Bln Payment to Asbestos Trust

USB made it's last payment to the USG Asbestos Trust, fulfilling the building materials maker's financial obligations under a settlement announced in January 2006. Asbestos Trust was organized to pay all valid asbestos personal injury claims for which USG has legal responsibility.

Additional Resources for USG asbestos victims:

• USG Asbestos Trust Distribution Procedures
• USG Asbestos Personal Injury Trust Agreement
• Mesothelioma Asbestos Attorneys in New York & New Jersey

Makers of Potential Mesothelioma Treatment Seeks Orphan Drug Status (Part 1)

Today, Biopharmaceutical company Alfacell Corp. is asking the Food and Drug Administration to grant its lead drug candidate, Onconase, orphan drug status. Onconase is aimed at treating malignant mesothelioma, a rare form of cancer where malignant cells are found in the chest, abdominal cavity lining or the lining around the heart. The drug is currently in its confirmatory phase 3b trial for the treatment of unresectable malignant mesothelioma.

The Food and Drug Administration's orphan-drug designation is for drugs that treat diseases affecting fewer than 200,000 people in the United States. If granted, the designation will give Onconase seven years of market exclusivity as a malignant mesothelioma treatment

For more information on malignant mesothelioma and Onconase, please visit:

• Asbestos Mesothelioma Resource for New York and New Jersey Residents
• Onconase: Potential Malignant Mesothelioma Treatment

Nation’s First Talc/Asbestos Mesothelioma Verdict

On November 22nd, Levy Phillips & Konigsberg, LLP, Mesothelioma trial attorneys, announced the first-ever U.S. mesothelioma verdict connecting industrial talc with asbestos-related cancer. Industrial talc, an open-pit-mined mineral used in ceramic, paint, and paper manufacturing contains lethal, cancer-causing asbestos fibers responsible for a pottery artisan’s fatal mesothelioma.

R.T. Vanderbilt, Incorporated (“Vanderbilt”) claimed that talc from its New York State mines contained fibers that may have looked similar to but were not a lethal form of asbestos, a position that the company has maintained for decades. However, the Middlesex County Superior Court jury rejected the claims and award the New Jersey widow $3 million in compensatory damages. Hammill & Gillespie, Inc., which sold the industrial talc, was also found liable.

In the next phase of the trial, punitive damages will be sought against the defendants. It is scheduled to begin November 28th before the Hon. Ann G. McCormick, according to mesothelioma trail attorney Moshe Maimon, Esq., of Levy Phillips & Konigsberg, LLP who represents the estate of pottery artisan Peter Stanley Hirsch.

Early Symptoms of Mesothelioma

Early symptoms of mesothelioma can be general and non-specific, which is why many victims will have symptoms for mesothelioma 2 to 3 months before seeking assistance from healthcare professionals.

According to the American Cancer Society, symptoms of pleural mesothelioma (lining of the chest) may include:

• pain in the lower back or at the side of the chest
• shortness of breath
• trouble swallowing
• hoarseness
• cough
• fever
• sweating
• tiredness
• weight loss
• swelling of the face and arms
• muscle weakness

Symptoms of peritoneal mesothelioma (lining of the abdominal cavity) may include:

• belly pain
• weight loss
• nausea
• vomiting
• fluid or a lump in the abdomen

Keep in mind, these symptoms can also be attributed to other diseases. For many, the big factor is whether or not they've been exposed to asbestos in the past. If so, then the American Cancer Society recommends checking with your healthcare professional right away.

Are you a New York or New Jersey resident, have been diagnosed with mesothelioma and are wondering what to do next? Get the facts on Mesothelioma from NY NJ Mesothelioma.com by ordering your FREE information package on mesothelioma today.

Class Action Tobacco Lawsuit Validated by Lung Cancer Detection Findings

Class Action Lawsuit Validated by Finding that Scans Lead to over 90% Survival in Lung Cancer Patients Through Early Lung Cancer Detections – Levy Phillips & Konigsberg

A study released on October 26, 2006 by The New England Journal of Medicine regarding lung cancer detections further validates a significant class action tobacco lawsuit filed by New York City product liability lawyers, Levy Phillips & Konigsberg. The October 26th New England Journal of Medicine reports the results of a study demonstrating that annual low-dose CT screening offers early lung cancer detections (Stage 1) in 85% of the cases in which lung cancer is detected by this break-through technology. The 10-year survival rate in patients raises by 92% when lung cancer is detected early and promptly surgically removed.

The class action tobacco lawsuit asks Phillip Morris to accept tobacco corporate responsibility and provide annual low-dose CT Screening for a class of residents in New York State who are 50 years of age or older and have smoked a pack a day of Marlboro cigarettes for at least 20 years. These early lung cancer detections could significantly decreasing the number of deaths from lung cancer -- the No. 1 cause of cancer deaths.

“Lung cancer is the leading cause of cancer death in the United States and the State of New York. Over 160,000 people die annually in the U.S. from this awful disease,” said Jerome Block of Levy Phillips & Konigsberg. “Lung cancer deaths can be prevented since lung cancer is usually curable when diagnosed in its early stage. Philip Morris seeks to blame addicted smokers for what it calls ‘personal responsibility’. We are asking Phillip Morris to accept ‘tobacco corporate responsibility’ and save their customers’ lives by provide low-dose CT Screening of the chest for early detection of lung cancer,” says Mr. Block, one of the leading New York City product liability lawyers.

Mesothelioma Lawyers Sponsor NY NJ Mesothelioma.com

Levy Phillips & Konigsberg, LLP, mesothelioma lawyers with offices in New York and New Jersey, are sponsoring NY NJ Mesothelioma.com. NY NJ Mesothelioma.com provides asbestos mesothelioma information for New York and New Jersey residents. Visitors can get answers to their questions about asbestos mesothelioma:

• What is Mesothelioma?
• What physicians in New York and New Jersey area specialize in assisting asbestos mesothelioma victims?
• Where could I get asbestos exposure?
• What questions should I ask when choosing an asbestos mesothelioma law firm?

Additionally, NY NJ Mesothelioma.com offers a free information package on asbestos mesothelioma, which includes a comprehensive booklet entitled Asbestos in the Workplace, and an informative DVD.