Asbestos turns up in toys, children's clay and other products

Asbestos turns up in toys, children's clay and other products

According to an article on asbestos, the substance that can cause malignant mesothelioma was found in toys and children’s clay.

Asbestos has been found in a variety of consumer products, including one of this season's biggest-selling Christmas toys, according to the nation's largest asbestos victims’ organizations.
The CSI Fingerprint Examination Kit, two brands of children's play clay, powdered cleanser, roof sealers, duct tapes, window glazing, spackling paste and small appliances were among the products in which asbestos was found by at least two of three labs hired by the Asbestos Disease Awareness Organization.

The group, which was created in 2004 by asbestos victims and their families, spent more than $165,000 to have government-certified laboratories examine hundreds of consumer products over 18 months to determine whether asbestos was present.

The product that is of greatest concerns to some public health experts is the fingerprint kit, which is a huge seller, according to sales personnel interviewed by the Seattle P-I.

The kit, made in China, is one of several items licensed by CBS after its popular "CSI" science-crime shows. This model has an extensive array of plastic tools, inks and three types of very fine powders -- white, black and glow-in-the-dark. The analysis done for the victim's organization found high levels of two types of asbestos in the white and the glow powder.

Physicians are especially concerned because of the significant likelihood of children breathing in asbestos fibers as they hunt for fingerprints and use a soft-bristled brush to move the powder around.

CBS Consumer Products responded quickly when told of the reported contamination.
"We've asked our licensee to immediately conduct an independent test in the U.S. for asbestos. If the toy is determined to be unsafe, then we will insist that the licensee remove it from the market," a statement from a CBS spokesman said.

The manufacturer and distributor -- Planet Toys in New York City -- said in an e-mail that it frequently inspects the plants in China that make the CSI toys. "We respect anyone's right to test our products and should their or our future tests reveal anything unacceptable, we'll of course take swift action to remove contaminated products from the market."

Another product the labs said contained asbestos was Art Skills' Clay Bucket, where asbestos was found in six colors of clay.

The Pennsylvania-based family business uses clay from Thailand and, Jennifer Hogan said, produces "a safe and hazard-free product" which has "passed all toxicology tests required to conform to applicable United States safety standards."

Hogan says her firm appreciates the seriousness of the organization's concerns "and will pursue vigorously any evidence of hazardous substances in our products."

The laboratories reported asbestos in Scotch High Performance Duct Tape and its All Weather Duct Tape, both of which are manufactured in Canada, according to 3M.

"3M has a policy against using asbestos in our products," said Jackie Berry, a corporate spokeswoman, "and we don't use asbestos in our duct tape."

The labs also said asbestos was found in numerous tests of DAP Crack Shot Spackling Paste and DAP's 33 Window Glazing.

David Fuller, vice president of marketing for DAP, said "neither product contains asbestos. As a responsible company, DAP has been, and will continue to be, in regular contact with our suppliers and will routinely review information and regulations relevant to ensuring the safety and efficacy of our products."

Paul Zygielbaum, a survivor of mesothelioma, and his wife, Michelle, proposed tests of products readily available on U.S. store shelves. "Our reasoning was that, while the continuing legality of asbestos doesn't seem to cause public outrage, the actual, unsuspected presence of asbestos in everyday products might do so," said Zygielbaum, who managed the testing.

After reporting its findings at a news conference in Washington on Wednesday morning, the organization says it will submit its testing information to the Consumer Product Safety Commission and the EPA.

Asbestos in the Workplace: The Occupational Time Bomb

A blog posting on asbestos in the workplace asserts that there are entire classes of workers who have been put in danger without even knowing it.

Contrary to popular belief, asbestos when left alone, poses little threat to human inhalation though those asbestos containing materials should be replaced as a rule. However it is when it is damaged by heat, weather, or other force which renders it “friable,” when it is most dangerous.

When the asbestos fibers become loosened or otherwise disturbed by any number of factors they become airborne and inhaled.

Occupational hazards are the most common origin of asbestos related health complications. Duties which engage asbestos materials are those who are the most likely to disturb the particles and inhale them. This can happen in a myriad of occupational situations but is most common in shipyards, construction sites, and some areas of manufacturing.

Asbestos related diseases, such as the lung cancer mesothelioma, are incredibly painful and debilitating ailments, in which in the absence of a cure the body will eventually asphyxiate itself. Often the symptoms of asbestos related respiratory complications will not appear for several years, even decades after an exposure.
This can lead many to be unaware of the causal relationship between a prior occupational exposure and the reality that they now have to deal with.

It is important that if you have been exposed to asbestos, or think you may have been exposed while working in one of the above or related industries that you seek the assistance of a physician. There are medical, emotional, and legal support structures already in place to assist victims of occupational asbestos exposure. Early detection of the disease is the primary variable which can increase treatment and quality of life management options.

If you, a coworker or a family member has been exposed to asbestos, contact the law firm of LEVY PHILLIPS & KONIGSBERG, LLP. LPK has been a pioneer in representing victims of asbestos exposure, and is one of the nation’s premier law firms in the areas of toxic torts, product liability, personal injury, and discrimination law.

Benefit Concert for Asbestos Disease Awareness and Research Funds

According to an article on asbestos disease awareness, a concert will be held on December 8th,, Presented by Jones House Music, to Be Held at Maverick Saloon in Santa Ynez, CA – Featuring Tributes from Jordan Zevon and Other Well-Known Artists.



WHO:

Friends of Warren Zevon Featuring:
-- Jordan Zevon, Warren Zevon's son and ADAO National Spokesperson whose debut album is scheduled for release in early 2008 on New West Records
-- Mike Campbell and The Dirty Knobs, Rock and Roll Hall of Fame guitar player with The Heartbreakers; performed on Zevon's Grammy winning album, the Wind
-- Kenny Edwards, co-founder of the Stone Poneys with Linda Ronstadt and Bryndle with Karla Bonoff; recorded numerous Zevon songs and performed on Zevon's Excitable Boy album
-- Matt Cartsonis, multi-instrumentalist and composer for film, television and various commercials; performed in Zevon's final tour
-- Phil Cody, singer and songwriter; toured with Zevon in the 1990's
-- Plus - up and coming young artists: Crosby Loggins and Paul Cartwright and Friends



WHAT:

Tribute Concert to Warren Zevon, who was taken in 2003 by the asbestos cancer, mesothelioma. Presented by Jones House Music, the concert will include songs from a myriad of performers who played with Zevon in various settings, including for his final album, The Wind, which earned two posthumous Grammy Awards in 2004 for Best Rock Performance By A Group or Duo for "Disorder in the House" along with longtime friend Bruce Springsteen, and Best Contemporary Folk album.

Warren Zevon's legendary career includes over 18 albums, 2 gold records, 1 platinum record, 2 Grammy awards, an honorary presidential award from NARAS, and numerous Songwriter of The Year Awards from publications like Rolling Stone Magazine. His biggest hit, "Werewolves of London" continues to make critic lists as one of the best Rock songs of all time.

Funds will be used to support the Asbestos Disease Awareness Organization (ADAO) and the Mesothelioma Applied Research Foundation (MARF). The occurrence of asbestos-related diseases, including mesothelioma, lung cancer and asbestosis, is growing out of control. Studies estimate that during the next decade, 100,000 victims in the United States will die of an asbestos related disease - equaling 30 deaths per day.

Tickets are $35 and are available starting November 5 at http://www.warrenzevontribute.com/ or at the Maverick Saloon http://www.mavericksaloon.org/.

$250,000 pledged for mesothelioma research

According to an article on mesothelioma research, a study on the cause of mesothelioma — a rare, as-yet-incurable cancer — among some Iron Range miners has been given a financial boost.

A $250,000 appropriation that would help pay for medical examinations of miners as part of a University of Minnesota and state Department of Health study was unanimously approved Thursday by the Iron Range Resources and Rehabilitation Board at a board meeting at IRR headquarters near Eveleth.

Since 2003, 58 Iron Range miners have been diagnosed with mesothelioma, a rare, fatal form of cancer linked to asbestos exposure. Iron Range lawmakers have fought passionately to move ahead with a study that would pinpoint whether iron ore dust causes the disease.

The $250,000 IRR appropriation, which Gov. Tim Pawlenty still needs to approve, would be spent locally for x-rays, MRIs or other diagnostic services on miners, Rukavina said.

Senate passes Murray bill to ban asbestos

Senate passes Murray bill to ban asbestos

According to a recent article on a bill to ban asbestos, on Thursday, the Senate voted unanimously to pass [Sen. Patty] Murray's ban on the importation of asbestos, which still is found in more than 3,000 consumer products. If approved by the House and not vetoed by the president, the United States will finally join more than 40 other nations that have banned the cancer-causing material.

With an intensity that bordered on obsession, Murray and her staff became experts on asbestos, where it came from and how it killed.

Corporate opposition to Murray's efforts was enormous.

"When you go after an issue like this, you're fighting a lot of big-time money. Lobbyists for manufacturers, the sand and gravel folks, people with commercial interest and a lot of clout fought this," Murray said. "I wasn't surprised that many other (lawmakers) didn't want to get involved because they thought it was impossible."

Early in the fight, the White House did all it could to stymie discussion, let alone passage of the ban. Murray's efforts were a victim of collateral damage from a three-year Republican effort to pass legislation favored by President Bush that would have prevented people injured by exposure to asbestos from suing the companies involved.

For the past seven months, Murray said, she worked closely with Republican Sen. Johnny Isakson of Georgia. He convinced Republicans of the importance of the ban, she said.
Murray says she's sure it will become law.

Murray says that two years after her bill is signed into law, there will be no asbestos in hair dryers or brake products or ceiling tiles or 3,000 other imported products.

Among the many demands in the legislation is the banning of the importation, manufacture, processing and distribution of products containing asbestos. It orders the Environmental Protection Agency to ensure asbestos products are off the shelves within two years of the bill's enactment.

It would create a $50 million "Asbestos-Related Disease Research and Treatment Network" of 10 new centers dedicated to finding better treatment, earlier detection and methods of preventing asbestos-related disease.

It says the EPA shall conduct a public education campaign to increase awareness of the dangers posed by products containing or contaminated by asbestos, including in homes and workplaces.
For more information on asbestos and mesothelioma, the deadly cancer caused by the material, visit the website of the law firm of LEVY PHILLIPS & KONIGSBERG, LLP.

Quaker Chemical Settles Asbestos Dispute

According to an article on the Quaker Chemical Corp asbestos dispute, Quaker Chemical Corp. said Thursday its SB Decking Inc. unit reached a deal with Employers Insurance Co. of Wausau related to a coverage dispute for some asbestos claims.

The companies entered a claim handling and funding agreement in which Wausau will pay 27 percent of defense and indemnity costs incurred by or on behalf of SB Decking in connection with the asbestos bodily injury claims for at least five years, according to a filing with the U.S. Securities and Exchange Commission.

Either company can end the agreement after three years, provided they give at least two years' written notice. The deal remains in effect until such notice is given.

SB Decking may still pursue a claim against Wausau for coverage for asbestos claims made after the deal ends.

Shares of Quaker Chemical fell 12 cents to $23.87 in morning trading

September 26th is National Mesothelioma Cancer Awareness Day

According to an article on Mesothelioma cancer awareness, September 26th is National Meso (mesothelioma) Awareness Day. Begun by the Meso Foundation, this day is dedicated to raise awareness of the problems, symptoms, and need for research into mesothelioma, one of the lesser-known forms of cancer.

A person with mensothelioma may eventually be suffocated so that breathing is painful, or the heart or other organs can be crushed as the cancer grows. Most people who are diagnosed with meso die within 4 to 14 months.

Meso is caused by asbestos exposure. It can take years (30, 40, or even 50 years) to develop. According to the Meso Foundation, the U.S. EPA identified asbestos as," one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings."

The EPA estimates that over 20 million American workers have been exposed to asbestos particles. Every year approximately 3,000 people are diagnosed with mesothelioma.

According to the Meso Foundation, treatments for mesothelioma were largely ignored. While asbestos was known to be a carcinogenic, businesses were allowed to continue using it. Developing treatments for meso were ignored, perhaps because of potential legal minefields.

With a myriad of reasons behind it, the bottom line is that funding for research into treating meso has lagged far behind that of other forms of cancer. The Meso Foundation hopes to change this by drawing awareness to this rare but painful form of cancer.

Actor Steve McQueen died of meso only 11 months after his diagnosis in 1980. In 2003, singer-songwriter Warren Zevon was also diagnosed with meso. He died one year after being diagnosed with it. The treatment of meso has not changed much since 1980.

Ban Asbestos Act moves to Senate Floor

The bill titled the Ban Asbestos in America Act of 2007 would ban the importation, manufacture, processing and distribution of products containing asbestos into the United States. In addition, the measure, which is expected to be voted on later this year or in early 2008, calls for the creation of a $50 million asbestos-related disease research and treatment network and a public awareness campaign highlighting the dangers posed by asbestos-containing products. For more about the bill, read "Murray ReIntroduces Asbestos Bill.".

The bill initially had been introduced in 2001 and had little chance of passage until this year. On July 31, the bill passed the full Senate Environment and Public Works Committee (EPW) with unanimous, bipartisan support. The bill now heads to the Senate floor.

Diagnostic Tools for Lung and Mesothelioma Cancers to be Developed

In a recent article on Mesothelioma Cancer Diagnostic Tools, Rosetta Genomics, Ltd. announced that it has partnered with NYU Medical Center with the aim of developing a line of early detection diagnostic products for lung and Mesothelioma cancers.

The early detection test will mainly target over 45 million Americans who are at an increased risk of lung cancer due to smoking, as well as those who have been exposed to asbestos fibers. The test will utilize Rosetta Genomics' proprietary protocol to extract microRNAs from a simple blood draw.

"A test that will be able to detect cancer at an early stage using a simple blood draw will have far reaching implications on the fight against cancer," noted Dr. Harvey Pass, Professor and Chief, Division of Thoracic Surgery and Thoracic Oncology at NYU Medical Center. "MicroRNAs have been shown to hold great potential as effective biomarkers for various cancers, and I believe that NYU Medical Center's vast experience with lung cancer and Mesothelioma, coupled with Rosetta Genomics' expertise in the microRNA field, will allow us to successfully advance this much needed test forward."

On 6th anniversary, one more 9/11 victim

On September 11, 2007 another victim's name will be read from the list of victims who died in the attacks of September 11.

Felicia Dunn-Jones died just five months after the towers fell. The addition of Dunn-Jones, a 42-year-old civil rights attorney, to New York City's Sept. 11 death toll occurred in a year that sharply focused on post-Sept. 11 illness — and the legacy of the cleanup of ground zero — more than ever before.

Doctors published more studies establishing direct links to respiratory illnesses and the exposure to the mixture of pulverized concrete, asbestos, mercury and other toxins that wafted over ground zero for close to a year. One study showed a powerful connection to sarcoidosis — the lung-scarring disease that killed Dunn-Jones — and city firefighters.

"We are not about to abandon the men and women who helped lift our city back onto its feet during our greatest time of need," Mayor Michael Bloomberg said at the time.

Three months later, city Medical Examiner Charles Hirsch surprised many by adding Dunn-Jones' name to the official Sept. 11 victims' list.

Citing "accumulated scientific research" that linked sarcoidosis to ground zero exposure, Hirsch wrote in May, "the Office of the Chief Medical Examiner has thus concluded that Mrs. Dunn-Jones' exposure to World Trade Center dust on 9/11/01 contributed to her death and it has been ruled a homicide."

On Sept. 11, while her husband, Joseph Jones watched planes hit the towers from the Staten Island Ferry terminal, Dunn-Jones tried to escape her office a block from the north tower. She put a piece of clothing over her face but couldn't keep the choking, white dust out of her lungs, Jones said.

Dunn-Jones was added to Staten Island's Sept. 11 memorial first in 2005, but "we still hadn't given up on the 9/11 thing," he said.

After receiving letters from Feinberg, U.S. Rep. Carolyn Maloney and others, Hirsch reached a new decision on May 23.

Ex-Deutsche site worker: Boss said no to asbestos gear

According to an article on asbestos gear, an asbestos worker at the former Deutsche Bank building told the Daily News she quit her job at the unsafe, underprotected site after her boss berated her for wearing an asbestos mask to protect herself.


Helen Rocos was one of a handful of handpicked workers chosen for the lucrative job of searching for human bone fragments amid gravel on the roof of the toxic 130 Liberty St. in spring 2006.


She said she and other employees were assured the roof had been cleaned of asbestos, so they wore ordinary work clothes as they shoveled stones and pawed through the roof debris to find the remains of those killed on 9/11.


"They told us they got rid of the asbestos, but as I'm digging, I'm thinking, 'How did they magically get rid of the asbestos, but still leave all this healthy dirt behind?'" said Rocos, 57, a tough-talking certified asbestos handler with haz-mat training.


After lunch the first day, Rocos came back to work wearing an asbestos mask. She said her Bovis Lend Lease supervisor was furious.


"He yelled, 'Helen! Take that mask off your face! You are spooking everybody, spooking the people from the medical examiner's office!'" Rocos recalled.


Staff from the medical examiner's office was overseeing the bone search as TV helicopters circled overhead filming the dust plumes.


"I said, 'No!' I said I doubted they could clean the asbestos on the roof and leave all this other dirt untouched. You had people picking through the dirt for bones, then getting up and eating a Dunkin' Donut, licking their fingers," she said. "It was insane."


When she balked at taking off her mask, the Bovis supervisor called her a "loudmouth" and a "troublemaker" in front of the rest of the crew, though he later suggested she wear a cloth mask as a compromise, she said.


The fight over the mask was the last straw, she said, so she quit. Days later, by the end of April, the Environmental Protection Agency had suspended the search for bone fragments because the roof was "not properly cleaned" and asbestos particles were discovered in the dust, officials said.

New Clinical Trial to Test Effectiveness of Vorinostat (Zolinza) on Malignant Pleural Mesothelioma

The National Institute of Health Clinical Center has started to test the efficacy of vorinostat and the treatment of patients who have been diagnosed with pleural malignant mesothelioma. The trial is testing for toxicity levels and any side effects that may come about.

Dr, Raffit Hassan is the protocal chair of the, “A Phase III, Randomized, Double-Blind, Placebo-Controlled Trial of Oral Suberoylanilide Hydroxamic Acid (L-001079038) in Patients With Advanced Malignant Pleural Mesothelioma Previously Treated With Systemic Chemotherapy,” and can be contacted via the National Cancer Institutes's website.

Study: Residents Near Asbestos Plant Have High Mesothelioma Risk

A new study by doctors with the Cancer Epidemiology Unit of the University of Turin (Italy) of people living near an asbestos cement plant confirms that asbestos is a potent cause of mesothelioma not only among people working with the product, but also among people exposed through environmental pollution.

The conclusion published in the abstract for the article states: "This study provides strong evidence that asbestos pollution from an industrial source greatly increases mesothelioma risk. Furthermore, relative risks from occupational exposure were underestimated and were markedly increased when adjusted for residential distance."

The risk of mesothelioma from asbestos is so powerful that, according to the study, people living 10km from the source of the asbestos pollution were at increased risk for mesothelioma.

This article is published during a time when asbestos companies continue to claim that their products did not release sufficient asbestos to cause mesothelioma. Believe it or not, this argument is made in Court even when workers report seeing visible dust in the air coming directly from the manufacturer's asbestos products. The fallacy of this litigation argument is that government and world health agencies are in agreement: There is no safe level for exposure to asbestos.

For more information about mesothelioma - disease caused by asbestos, visit LPKLaw.com

Experimental Mesothelioma Treatment Tested in Clinical Trial at New York's Columbia Presbyterian Hospital

There is currently an experimental mesothelima treatment being tested in New York's Columbia Presbyterian Hospital. The researchers are trying to determine if oxaliplatin and gemcitabine will help patients who have been diagnosed with malignant peritoneal mesothelioma or malign pleural mesothelioma.

There are certain conditions that patients need to be aware of and for those wanting to learn more, they need to visit http://www.centerwatch.com/patient/studies/stu92728.html. Patients can also learn more about Dr. Robert Taub who is an expert in the field of experimental treatments for mesothelioma by visiting www.nyp.org.

The Facts About Pleural Mesothelioma

A recent article relating the facts about pleural mesothelioma states that pleural mesothelioma is the most common form of mesothelioma by far and accounts for 75% of all mesothelioma cases. Pleural mesothelioma affects the respiratory areas of the body such as the lungs. More specifically, the cancer attacks the lining of the lungs and ribs called the pleura hence the name pleural mesothelioma.

The main cause of pleural mesothelioma is exposure to asbestos. Only a couple of months of being exposed to the deadly dust and fibres of asbestos without protection can lead to pleural mesothelioma thirty to fifty years later. Elderly men of ages sixty to seventy are those most at risk to asbestos because this was the generation which worked with asbestos with little protection from the dust and fibres.

Due to the long latency period of pleural mesothelioma (30-50 years), these men are only just discovering they have the deadly cancer. Currently, many of these men are lodging million dollar lawsuits against the companies who exposed them to asbestos. Asbestos fibres get into the lining of the lungs by inhalation and become lodged inside the lungs.

The symptoms that are associated with pleural mesothelioma include persistent coughing, difficulty swallowing, facial swelling, weight loss, fever, rasping and coughing up blood. Patients may additionally experience shortness of breath because as the tumour on the lining of the lungs expands, this leaves less room for the lungs to function properly. Some patients also begin to feel severe pains in their chest and this is due to the spreading of cancerous cells. A lot of these symptoms are similar to diseases and conditions which are far more common than mesothelioma which means that pleural mesothelioma is often very difficult to diagnose until it is too late.

Treatment of pleural mesothelioma is limited and as yet there is no proper cure. Research is being conducted in labs all over the United States and many pharmaceutical companies are also testing for new treatments. Treatments for pleural mesothelioma include chemotherapy, radiation therapy and surgery. A patient’s age, medical record, weight and other such factors are taken into account before treatment. Generally, chance of survival is far more likely if pleural mesothelioma is treated aggressively in its early stages because once the cancer has developed and matured it is very difficult to cure.

Mesothelioma Clinical Trial in New York City Tests Cisplatin, Pemetrexed, and Bevacizumab

Researchers at Columbia Presbyterian Hospital in New York City are currently conducting a mesothelioma clinical trial to test a potential new treatment for mesothelioma. Patients who have enrolled will be given three therapeutic drugs--cisplatin, pemetrexed, and bevacizumab-which will be used together to see if this new drug combination has the potential to be a more effective form of treatment.

For patients to be eligible for this mesothelioma clinical trial, they must not have undergone prior chemotherapy for the treatment of mesothelioma or have been treated with any of the drugs under the consideration of this study. For this mesothelioma clinical trial, patients must also be willing to take B12 vitamin and folic acid supplements. New York City is the home of top cancer institutions such as Columbia Presbyterian Hospital. For more information about this hospital and its cancer treatments, please click on the following link: http://www.nyp.org/

Those interested in learning more about this new mesothelioma clinical trial testing the combination of Cisplatin, Pemetrexed, and Bevacizumab, please click on the following link: http://www.centerwatch.com/patient/studies/stu92726.html

San Diego Gas and Electric Convicted for Improper Asbestos Removal

According to a recent press release at the US Environmental Protection Agency’s website on improper asbestos removal, San Diego Gas and Electric was convicted for improper asbestos removal. A federal jury in San Diego found San Diego Gas and Electric Company guilty on three counts of violating asbestos work practice standards and one count of making false statements on July 13. The charges relate to the company's removal of asbestos from 9.23 miles of underground piping at the former Encanto Gas Holder facility in Lemon Grove, Calif., in 2000 and 2001.



In addition, Kyle Rhuebottom, the project manager for the prime contractor on the site, and David Williamson, a company employee, were each found guilty of one count of violating asbestos work practice standards.



According to court documents, the company knew the piping at the Encanto facility was coated with asbestos, based on analytical testing. Once the company decided to sell the property, they solicited bids for demolition and removal of the asbestos-coated piping. Despite knowing that the piping coating contained asbestos, the company began removing the pipe wrap without treating it as regulated asbestos containing material.



The jury found that the company, Rhuebottom and Williamson failed to contain the asbestos or place it in a leak proof container. The jury also found that the company failed to provide adequate notice in advance of the asbestos removal, failed to adequately wet the asbestos during removal, and falsely claimed that a company employee was a certified asbestos consultant.



The defendants are scheduled to appear before United States District Judge Dana M. Sabraw, Southern District of California, on Sept. 6, 2007 for further proceedings.

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