Mesothelioma News: Contractor Sentenced to Prison for Asbestos Violations

2010-05-30 01:32:42 (GMT) (WiredPRNews.com - Law, Mesothelioma Asbestos, Press Releases)

Chicago, IL, USA Cooney & Conway // Mesothelioma attorneys: Cooney & Conway

Going beyond monetary penalties, a federal judge in Michigan sentenced the owner of a demolition company to more than a year in prison for violating asbestos regulations―and exposing workers and residents to potentially deadly disease.

Scott Tucker, 43, who had pled guilty to the illegal handling of asbestos at projects in Ohio and Michigan, will serve a 13-month term and pay a $1,000 fine. According to charges filed by the U.S. Department of Justice, Tucker knew asbestos was present during the work but did not comply with rules intended to mitigate the risk of asbestos-related disease.

In handing down the prison term, U.S. District Judge Robert Holmes Bell said that the sentence was meant as "a message"―not only to Tucker, the owner of H&M Demolition Company in Holland, Mich., but also to others who might be inclined to cut corners and skirt asbestos-related rules.

"I am convinced that the message has to be sent out to the larger community," said Bell. "This is not to be tolerated. This is also way out of bounds." If he sentenced Tucker only to probation or fines, the judge added, others would "think it's just the cost of doing business."

With his business struggling, Tucker had taken dangerous shortcuts and exposed many―including his own workers and those living and working near the sites―to asbestos, a building material that has long been scientifically linked to diseases including lung cancer and mesothelioma, an almost always fatal cancer of the protective lining that covers many of the body's organs.

While contractors, building owners, and others who have known of but ignored or otherwise mishandled asbestos risks have often faced civil penalties, prison sentences are rare The more common civil penalties comprise fines levied by government agencies, or verdicts or settlements obtained by attorneys who bring asbestos lawsuits on behalf of victims

The incarceration of Tucker points to lawmakers' and the courts' increasing frustration with those who refuse to handle asbestos properly, and in the process, put others at grave risk.

In this case, Tucker had instructed workers at a defunct lumber company's kiln-drying building to knock asbestos panels down with an excavator, despite federal regulations that the panels be removed only by hand, carefully lowered to the ground, and kept wet until properly disposed of.

Workers told investigators that to avoid the high cost of proper asbestos disposal, Tucker had them take tons of asbestos-containing debris to a cement-recycling facility. Not only did this result in potential asbestos exposure for the recycler's employees when the debris was crushed, but it meant that purchasers of the cement also risked asbestos exposure.

According to a sentencing memorandum filed by the U.S. Department of Justice, Tucker told workers to "keep your mouth shut" and not say anything about the project to Michigan's Department of Environmental Quality.

The demolition work, the government's memo noted, took place near a residential neighborhood and a Home Depot store. This is particularly troubling because asbestos is most hazardous when airborne; any fibers inhaled by those nearby could put them at increased risk for asbestos-related diseases like mesothelioma, often diagnosed decades after exposure when the prognosis is usually grim.

Tucker, the father of six, will spend three years on supervised release once his prison term ends. During that period, Judge Bell said, he must seek out troubled young men and serve as a mentor. Tucker was also forced to surrender his Michigan license to do asbestos-abatement work.

In an earlier case, Tucker's wife, Jaline, was fined $1,200 after pleading guilty to charges that she ordered workers to haul away large quantities of asbestos-containing debris, which caused asbestos dust to be released into the air.

In a letter to the judge, Tucker wrote: "My shortcomings have resulted in me and my family being in this situation. I am incarcerated. Separated from my family. I have learned a huge lesson!"

This news story was brought to you by the asbestos mesothelioma lawyers at Cooney & Conway. For more than half a century we have been advocating for, and fighting for, those who have been injured by the actions of others―including victims of asbestos exposure and the deadly diseases that result, like lung cancer and mesothelioma. We haven't just brought our clients recovery in their asbestos lawsuits: We've given them answers―and justice.

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Decades after Asbestos Dangers Known, Regulation Still Proves Challenging

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The dangers of asbestos are well known by now. Exposure to the material―widely used for decades in construction, particularly for insulation and ceilings―can result in lung cancer and other diseases, including asbestosis and mesothelioma, an almost always fatal cancer of the protective lining covering many of the body's organs.

The diseases can manifest themselves years after asbestos exposure―mesothelioma typically isn't diagnosed until decades after asbestos fibers were inhaled.

The legal consequences of asbestos exposure are also well known. Over the years, many mesothelioma lawsuits and other asbestos-related claims have ended in verdicts and settlements paying victims millions of dollars. Such recourses have forced manufacturers, property owners, and employers―who knew about asbestos risks, but did little or nothing to mitigate them―to take responsibility for their actions.

What is less known is how the law has treated asbestos itself. There is a widespread―and incorrect―belief that since the material is so clearly harmful, it has been banned.

While the U.S. Environmental Protection Agency did propose a ban―one that would be implemented in three states over a six-year period―it was challenged by industry and ultimately invalidated by a federal appeals court. Regulatory schemes like the Clean Air Act put asbestos rules in place, but imposed no outright prohibition on the substance.

So asbestos―to the surprise of many―remains on the market, still used today in goods like some brake pads. It is also present in many buildings, which raises concerns about demolition and renovation work, because asbestos is most harmful when it is airborne. Disturbing the material can release dangerous asbestos fibers and particles into the atmosphere. Individuals can then breathe in asbestos, putting them at risk for mesothelioma and other diseases.

"Asbestos is a term we have gotten used to over time, and familiarity breeds a certain feeling that we don't have to be as concerned," says Robert Ford, manager of the Utah air quality division that oversees asbestos in that state. "We've become accustomed to it, so we don't fear it as much."

But of all the substances regulated under the Clean Air Act, says Ford, asbestos has been linked to the most deaths―a fact that has kept many mesothelioma lawyers busy, because victims seek answers and compensation.

With no outright ban, state regulators oversee and enforce rules pertaining to asbestos. But those rules can vary from state to state. Utah, for example, has a very strict standard that goes beyond what the federal government mandates. The state averages about 1,400 asbestos inspections each year.

Yet some have criticized Utah's tough standard, questioning why the state exercises regulatory oversight on even small projects like remodeling a home. Others, meanwhile, complain that Utah doesn't do enough when it comes to possible asbestos exposure. It's a scenario that many other states are grappling with as well.

"Finding the right level of regulatory control is very challenging for a state agency," says Ford.

As a result, Utah is surveying other states to see how it compares. The data the state collects will be passed on to lawmakers.

The real challenge, of course, will be to enforce whatever rules ultimately result. While asbestos regulations may vary, the consequences of asbestos exposure do not. For too many families, asbestos has meant disease and suffering―and a lawsuit instead of a cure.

This news story was brought to you by the asbestos and mesothelioma lawyers at Cooney & Conway. For over half a century we have found―and vindicated―those victims injured by the negligence and wrongful acts of others. We have prosecuted, won, and settled some of the country's most significant asbestos lawsuits, bringing relief―and answers―to victims of mesothelioma and other asbestos-related diseases.

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Runner takes to street to fight asbestos ailment

Alissa Boardley and her partner Patrick Andersen train for their half-marathon run on Sunday. The race begins at 9 a.m. ET on May 30 in Ottawa. (courtesy CMF Mesothoners)

An Ottawa woman is hoping to raise money to help treat her father's diseased lungs by giving her own lungs a workout on Sunday, as part of the city's annual race weekend.

Alissa Boardley is one of a team of 20 Ottawa residents running in Sunday's half-marathon to raise money for the fight against mesothelioma, a rare form of cancer found in the lungs or abdomen. It's caused by exposure to asbestos.

The 33-year-old said she knew little about the gravity of the disease until after her father was diagnosed with it a year ago. Since then, she's seen its impact first-hand.

Ottawa Race Weekend road closures

"He is such a fighter," said Boardley. "He is the most inspiring man ever, he's so positive. He's been through hell with all the treatments...going through chemotherapy and recently radiation treatment, and both he and my mom are taking it one day at a time."

Her team - dubbed the Mesothoners - has raised $5,000 for the Canadian Mesothelioma Foundation.

Disease takes over 25 years to develop

The foundation's founder, Michael Konviser, said there are about 200 to 300 cases of the disease diagnosed every year. It tends to develop about 25 to 30 years after exposure, said Konviser.

"So this disease will continue to be around for the next 15 to 20 years before falling off," he said. "So it's still an issue."

Konviser said his foundation has raised close to half of the $100,000 they are hoping to raise to fund a fellowship in mesothelioma at Toronto's Princess Margaret Hospital.

Many of the 38,000 runners lacing up this weekend are like Boardley, racing for various causes and raising money for medical research.

The races, closing with Sunday's marathon, are also expected to close many roads in the National Capital Region and draw crowds of thousands of supporters on the streets. Boardley's father Michael is planning on being one of those cheering runners on.

He said he plans on driving from the family cottage on the Bruce Pennisula to be on the race course Sunday.

"One of my desires is to see her run," he said. "I don't know where she gets the running bug from, certainly not my side of the family."

With files from the CBC's Chad Pawson

Read more: http://www.cbc.ca/canada/ottawa/story/2010/05/28/ott-race-asbestos.html#ixzz0pSnd2Wm1

Mesothelioma and the Need to Ban Asbestos Recently Recognized On a Global Scale

Recent events in Canada and Mexico, in addition to an asbestos hazard warning released by the World Health Organization (WHO), have brought attention to mesothelioma and the urgent need to ban asbestos worldwide.

Asbestos exposure is the primary cause of mesothelioma cancer. Exposure occurs by either inhaling or ingesting asbestos fibers. These fibers have the potential to become lodged in the lining of the lungs, heart or abdominal cavity, where they can cause damage that leads to cancer. Due to the latency period of mesothelioma symptoms, which can range between 20 and 50 years after exposure, the average mesothelioma life expectancy for patients upon diagnosis is four to 18 months.

On May 12, a series of high profile events occurred in Ottawa, Canada that garnered much public participation and media coverage. A well-supported anti-asbestos march and rally followed a press conference that criticized Canada's continued production of asbestos.

Tom Mulcain, a Member of Parliament and member of the New Democratic Party in Canada, stated during the press conference that Canada's current policies which promote the use of asbestos in the developing world is "scandalous and shameful." Mulcain pointed to the evidential fact that Canada-produced chrysotile asbestos is scarcely used in Canada and stated the Canadian asbestos industry's line on controlled use of chrysotile is a lie.

The following march and rally was attended by asbestos victims, trade unionists, academics and politicians. Calling for an asbestos ban, protestors held signs boasting strong slogans and the march even featured a symbolic procession of coffins to illuminate the global epidemic.

The following day (May 13) the World Health Organization just so happened to release a document on the world's top 10 hazardous substances, listing asbestos among other carcinogens such as lead, mercury and arsenic. The WHO stated in the document that "All types of asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary, and asbestosis (fibrosis of the lungs)… Currently about 125 million people in the world are exposed to asbestos at the workplace. In 2004, asbestos-related lung cancer, mesothelioma and asbestosis from occupational exposures resulted in 107,000 deaths and 1,523,000 DALYs" (disability-adjusted life year).

A third day of international anti-asbestos news hit the media on May 14 as community activists in a Mexico City suburb gathered to protest the exposure risk at an American-owned asbestos brake linings factory.

The WHO believes the fight against asbestos can be taken through public health actions, stating, "Elimination of asbestos-related diseases should take place through the following public health actions: a) recognizing that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos; b) replacing asbestos with safer substitutes and developing economic and technological mechanisms to stimulate its replacement; c) taking measures to prevent exposure to asbestos in place and during asbestos removal (abatement), and; d) improving early diagnosis, treatment, social and medical rehabilitation of asbestos-related diseases and establishing registries of people with past and/or current exposures to asbestos."

With dedication to the above public health actions recommended by WHO, the world may see an end to unnecessary asbestos exposure and a subsequent reduction in asbestos-related diseases such as asbestosis and mesothelioma.

Additional information on mesothelioma and asbestos exposure is available through the Mesothelioma Center.

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Mesothelioma cancer widow begging for justice

A woman who lost her husband to mesothelioma is begging government officials to rewrite legislation in place that is currently preventing her and others like her from obtaining monetary compensation. Ms. Caroline Squires, a resident of the United Kingdom, believes she could be offered a six-figure payout from her husband's former employers. There's just one problem: she is unable to track them (and their insurers) down.

Mesothelioma, a rare form of cancer, is caused in almost all cases by exposure to asbestos-containing materials. There are about 2,300 cases of mesothelioma diagnosed each year in the UK, and that number is expected to increase each year, peaking around 2038. The disease typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms, and the majority of patients lose their battle with this cancer in less than two years following diagnosis despite mesothelioma treatment.

Mr. Squires, who also left behind two children and four grandchildren, was likely exposed to asbestos on the job with a heating company in Guildford between 1962 and 1964. Mrs. Squires told reporters that her husband had been trying to gain financial compensation for his mesothelioma disease before his death. "It was important to my husband to claim compensation," she said.

He was worried about providing for his family following his death. It is difficult to believe that there are no records of who the insurers were. The quicker [changes are made to the system] the better, not just for me but for all victims of asbestos disease," she told reporters.

U.S. Navy Veterans, Former Merchant Marines May be at Risk of Mesothelioma from Asbestos Exposure

The law firm of Hissey Kientz, LLP wishes to alert Veterans of the U.S. Navy and Merchant Marines that they may be at risk of developing mesothelioma or other forms of cancer if they were exposed to asbestos during their time in the military. Mesothelioma is a rare form of cancer caused by exclusively by exposure to asbestos. According to some estimates, Veterans account for 30% of all mesothelioma victims in the United States, including many Naval Veterans and former Merchant Marines.

(Vocus/PRWEB ) May 28, 2010 -- The law firm of Hissey Kientz, LLP wishes to alert Veterans of the U.S. Navy and Merchant Marines that they may be at risk of developing mesothelioma or other forms of cancer if they were exposed to asbestos during their time in the military. According to some estimates, Veterans account for 30% of all mesothelioma victims in the United States, including many Naval Veterans and former Merchant Marines.

 

Mesothelioma is a rare form of cancer caused by exclusively by exposure to asbestos, a naturally occurring mineral that was once commonly used for insulation and heat protection. Beginning in the 1930s, nearly all ships built by the U.S. Navy contained insulation or other machine parts containing asbestos.

Thousands of U.S.Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers who handled asbestos products are also at risk of developing one of these diseases.

The U.S. Navy stopped building ships with asbestos during the 1970s. Because of the long latency period of the disease, it may take up to 50 years before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products onboard U.S. Navy and Merchant Marine ships. These Veterans' lawsuits have alleged that they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.

About Hissey Kientz, LLP
Hissey Kientz, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as those who have suffered side effects of Yaz, Yasmin or Ocella birth control, Duragesic or fentanyl overdose deaths, acute phosphate nephropathy as a result of Fleet Phospho-soda bowel cleansing products, Digitek, Zicam, the Composix Kugel mesh patch, gadolinium MRI contrast dyes, Reglan, FELA railroad injury lawsuits, zinc denture creams, the Ortho Evra birth control patch and primary pulmonary hypertension (PPH) caused by Fen-Phen, as well as other defective drugs and devices. To learn more about the law firm and other drug cases, visit us online or call toll-free at (866) 275-4454.

New shipbreaking document issued by OSHA

The Occupational Safety and Health Administration (OSHA) recently released a new document available online outlining safety standards and practices for shipbreaking workers. Shipbreaking involves dismantling decommissioned ships for scrap recycling, and it can be hazardous work. Among other dangers, workers can be exposed to mesothelioma-causing asbestos if safety procedures are not followed. The document outlines safety procedures and contains links to regulations and additional safety resources.

Asbestos-Ridden Stratton Building Renovation/Replacement on Hold over Budget Deficit

In Springfield, Illinois, the aging Stratton Building at 401 S. Spring Street, built in 1953 at a cost of $11.5 million, contains so much asbestos that, according to Rep. Rich Brauer (R-Petersburg), maintenance crews have to hire an asbestos abatement firm every time they replace a light bulb.

It is an exaggeration, of course, but the building - which houses state offices and is home base to the Illinois General Assembly - is caught in a budgetary impasse which prevents the state from either demolishing it or renovating it, even though the Stratton Building is described as one of the state government's "most inefficient buildings".

Demolition, under the $250-million Capital Development Fund approved in 2009, is being hampered by the fact that the Fund relies on the state-licensed video poker venue for revenues. Unfortunately, more and more Illinois cities and municipalities are opting out of that plan, meaning the money just isn't there.

Even worse, asbestos remediation and demolition are likely to cost more than the Capital Development Fund has allocated, according to Fund spokesman Dave Blanchette. Which means that the asbestos-ridden, H-shaped Stratton Building remains in limbo, irritating the noses, throats and visual aesthetics of state lawmakers, who have offices in the building.

Asbestos, once considered a "miracle substance" for its chemical resistance, stability, and highly effective insulative qualities, was used during most of the 20th century in all manner of building, automotive and household products. In buildings, the most common uses were in floor tiles or sheet flooring, mastics, acoustical ceiling tiles, acoustical or decorative plaster-type ceiling and wall sprays, window and door caulk, plaster/drywall patching compound, and as insulation around boiler hot-water pipes and furnace ductwork.

Asbestos, which causes asbestosis (a chronic respiratory disease) and some lung and digestive system cancers, is also the only known cause of mesothelioma, which in 75 percent of cases manifests as malignant pleural mesothelioma, or MPM, a cancer of the mesothelial sheath which surrounds and protects the lungs.

Mesothelioma also occurs as pericardial mesothelioma, around the heart, and peritoneal mesothelioma, in the abdomen, two locations where mesothelial tissue is also present. In all cases, mesothelioma is a cancer of long dormancy, producing few if any specific symptoms for up to 50 years.

After that, however, the symptoms usually drive victims to consult a doctor, and the prognosis is almost invariably the same; a year, or perhaps slightly more, to live. Little has changed to improve this prognosis in the last quarter century, and radical therapies like surgery, radiation and chemotherapy are largely palliative, designed to improve breathing and reduce pain, than curative.

For state representatives, staff, and visitors, the Stratton Building could be a time bomb with a 50-year fuse, but it is the only building the state currently has setting up health effects that reveal themselves only after half a century.

In fact, the building doesn't even have any architectural merit. At eight stories, and constructed largely of concrete with dark green glass windows, it is only the building's proximity to the state capital (yes, Springfield, not Chicago) that warrants its use for anything. Fortunately, according to Steve Brown, a staffer working for House Speaker Michael Madigan (D-Chicago), the master plan for replacing the building is 75 percent complete. Little has been said about how to finance the new construction.

Sources: Springfield State-Register, Illinois General Assembly website

New York State Asbestos Rules Violated by Motel Demolition

The New York State Department of Labor has issued an advisory for people to avoid a demolition site in Warrensburg.  The area is next to Potter's Diner where a motel was demolished that contained asbestos.  The discovery was made when a May 17 visit to the site found that a sample of the motel's felt and roofing shingles tested positive for asbestos after the building was already gone.  Asbestos is a deadly carcinogen and asbestos exposure can cause a number of health problems including mesothelioma, a rare and aggressive cancer.

State Labor Department spokesman, Joe Morrissey, stated that NY's regulations mandate an asbestos survey be performed prior to any demolition.  For this reason, Richard Galusha, one of the owners of the land, has received 3 violations which include not conducting the asbestos survey, having an unlicensed contractor perform the demolition, and having an uncertified worker handling asbestos.  Despite the fact that the building is already torn down, state officials have demanded the survey be performed and the area be cleaned.

But Mr. Galusha claims that he was never informed of the required asbestos test.  There seems to be confusion in this particular case as to who was responsible for informing him, the town or the county.  Of more concern is the health of the workers who demolished the asbestos-containing building and disposed of the hazardous materials without knowledge of the danger they were in.  It will be years before the workers determine whether they have been exposed because most asbestos-related health issues often take up to 15 years to surface.

Study Focuses on Asbestos and Mesothelioma Risk in Firefighters

Firefighting is a highly risky profession, not only because of the dangers posed by flames and fragile burning buildings themselves.  In addition to smoke and soot, firefighters are routinely exposed to chemical substances, such as asbestos, in those buildings that may put them at risk for diseases later in life.  Asbestos has been classified by the CDC as a carcinogen and has been shown to cause severe lung irritation, lung cancer, and a rare and aggressive cancer of the organ linings called mesothelioma.

To determine just how great the risk of mesothelioma and other cancers is to firefighters, the National Institute of Occupational Safety and Health (NIOSH) in partnership with the U.S. Fire Administration will conduct a study on the health records of more than 18,000 current and retired career firefighters.  NIOSH is a division of the Centers for Disease Control and Prevention (CDC).  The study will examine connections between cancers such as mesothelioma in firefighters and exposure to asbestos and other toxins on the job. 

Asbestos was used in thousands of building products such as floor tiles, drywall compounds, adhesives, insulation and shingles for more than 50 years in the U.S. and it still lingers in millions of homes, schools and other public buildings.  Left undisturbed, it is not usually a threat.  But when asbestos is burned, or is disturbed in the course of fighting a fire, tiny fibers of the mineral may be released into the air.  When inhaled, these sharp airborne mineral fibers have been shown to lodge deep in lung tissue, potentially triggering a chain of physiological reactions that may result in mesothelioma 20, 30 or even 50 years after the initial exposure.

Fortunately, the protective gear firefighters wear when entering a fire is usually sufficient to shield them from exposure to asbestos and other toxins.  But, if they have to remove that gear for any reason, such as to help a fire victim, their own lungs are unprotected.  After the initial fire has been put out and there is no longer a risk of smoke inhalation, it is not unusual for firefighters to go into a damaged building without breathing equipment in order to assess damage, at which time they may also encounter asbestos, as well as other noxious substances such as formaldehyde.

By analyzing deaths among firefighters, the NIOSH researchers hope to be able to expose links between their exposure to contaminants like asbestos and the development of cancers like mesothelioma.  The multi-year study is the largest health study ever conducted on firefighters.  The findings may help NIOSH and the Fire Administration to craft recommendations and safety protocols to protect firefighters against mesothelioma and other cancers.

Sources: 

USFA and NIOSH Initiate Study of Cancer Among Firefighters. April 21, 2010. The US Fire Administration Website. 
NIOSH Conducting Study of Firefighting's Cancer Risk. March 6, 2010. Occupational Health & Safety/OHS Online. 

 

 

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Mesothelioma Symptoms Target Women's Health

The incidence of mesothelioma in women has increased as we learn more about how asbestos fibers remained in clothing, automobiles, and furniture.

(I-Newswire) May 7, 2010 - Mesothelioma is a very rare form of cancer that develops in the membranes or protective sacs surrounding various organs of the body. These membranes are referred to as the mesothelium and they protects organs by producing a type of liquid which allows for mobility of the organs. Specifically, in the case of the lungs, the mesothelium fluid allows ease of movement when breathing. Mesothelioma cancer can begin anywhere in the mesothelium and can be either benign or cancerous. Exposure to asbestos fibers is a known cause of mesothelioma.

Asbestos is resistant to heat and has been used as the main material in roofing, waterproofing compounds, flooring and insulation. Its versatile nature made it a useful component in various products on the market, but it is extremely dangerous if inhaled, even in very small amounts. Inhaled asbestos fibers pass through the respiratory tract and come into contact with linings of the lungs which can result in pleural mesothelioma. Ingestion of asbestos fibers can affect other linings in the abdominal cavity which results in peritoneal mesothelioma. The real tragedy of asbestos mesothelioma is that it usually takes many years for symptoms to develop.

The signs of mesothelioma are typically weight loss with no change in diet, extreme tiredness, difficulty swallowing, hoarse or husky voice, difficulty breathing, a cough that lasts for an extended period of time, chest pain or back pain, extreme sweating and recurring fever. Peritoneal mesothelioma commonly affects the bowel, liver and spleen an often shows signs similar to other bowel related diseases. The first symptoms are typically pain in the abdomen, constipation or diarrhea, an increase in the size of the belly area, nausea, vomiting, fever and anemia.

It is important for an individual to seek medical care if they have had any of these symptoms or have been exposed to asbestos earlier in their life. Mesothelioma takes time to develop so the exposure may have occurred as long ago as 50 years earlier. A trained cancer specialist is the best person to diagnosis mesothelioma.

Mesothelioma symptoms may occur many months before the disease is detected by a medical professional. Pleural mesothelioma is the most common form of mesothelioma and represents two thirds of all the mesothelioma cases reported. The pleura lining of the lungs and chest are the areas affected by pleural mesothelioma.

Asbestos is still found almost everywhere, at home, at work, or in public buildings. Workers involved in building demolition should take extra care and precautions to avoid contact with asbestos through inhalation or ingestion. The low rate of mesothelioma cases detected over the past 20 years is increasing as more individuals develop symptoms and seek medical attention.

In the United States almost 2,000 new cases of mesothelioma are detected each year. Mesothelioma cancer has historically occurred mostly in men because they were typically the ones involved in activities that required the use of asbestos. Industrial workers, miners, railroad workers, and those involved in the construction and insulation industries were most susceptible. Most recently, the incidence of mesothelioma in women has increased as we begin to learn more about how asbestos fibers remained in clothing, automobiles, furniture, and affected an industrial worker's entire household.

Mesothelioma Surgery for Nonepithelioid Malignant Mesothelioma Remains Up for Debate

Thursday, May 6th, 2010

A study recently published in The Annals of Thoracic Surgery examined whether surgical treatment for nonepithelioid is worthwhile for the patient.

The debate still remains regarding the prognostic importance of histologic subtype for malignant mesothelioma. In general, the epithelioid (also referred to as epithelial) subtype of mesothelioma is known for responding better to treatment efforts. The biphasic subtype is typically less responsive to treatment than epithelioid and the sarcomatoid subtype is known for being the least responsive to therapeutic efforts.

Much research has been and will continue to be conducted on this topic because it can significantly affect mesothelioma life expectancy. Typically, mesothelioma patients diagnosed with epithelioid mesothelioma have a better prognosis than patients diagnosed with sarcomatoid mesothelioma regardless of treatment efforts. Thus, studying the veracity of treatment plans based upon histologic subtype may improve medical understanding of mesothelioma treatment efforts and may help doctors assess which treatments are best for individual mesothelioma patients.

This study reviewed the medical details of 312 cases of malignant pleural mesothelioma and a comparison was made regarding the survival from the three major subtypes. A total of 195 patients underwent radical surgical treatment, and 117 underwent nonradical surgery. Histologic subtype was documented as epithelioid in 218 patients, biphasic in 66 patients, and sarcomatoid in 28 patients. Median survival was 15.3 months in epithelioid patients, 10.1 months in biphasic patients, and 5.0 months in sarcomatoid patients.

Upon analyzing the data, the researchers found, "The extremely poor prognosis of sarcomatoid malignant pleural mesothelioma is independent of the extent of surgery unlike other cell types. Patients with sarcomatoid histology should therefore be considered separately in trials evaluating radical procedures and adjuvant treatment. The treatment of biphasic pleural mesothelioma remains debatable."

Additional information on mesothelioma may be found through the Mesothelioma Center.

Asbestos trial dates to increase in 2011

As Madison County asbestos judge Daniel Stack prepares to retire, he bestows on his successor power to preside over one sixth of America's mesothelioma deaths.

In February, Stack set 480 mesothelioma trial dates for the coming year, up from 424 set in 2010.

According to the Centers for Disease Control, mesothelioma kills 2,700 a year.

Stack will soon surrender asbestos litigation that he has managed since 2004.

Chief Judge Ann Callis has begun assigning cases to Circuit Judge Barbara Crowder.

Some defendants joined plaintiff firms in endorsing Stack's trial plan, while others attacked it as a "rocket docket" that would prevent proper preparation.

On behalf of plan opponents, Robert "Barney" Shultz of Edwardsville predicted nationwide marketing of trial dates.

He found confirmation for his view when Randy Gori and Barry Julian of Edwardsville requested dates for 41 clients.

"We have been able to determine that 35 of those cases have no apparent connection to the state of Illinois," Shultz told Stack at a hearing in March.

"There ought to be preference given to Illinois plaintiffs," Shultz said.

He said he filed motions the previous day to dismiss suits so each plaintiff could sue in a more convenient forum.

"The appropriate manner of proceeding, given this really overwhelming number of cases with no apparent connection to the state of Illinois, is let's take up the forum non conveniens issues first," Shultz said.

For Gori and Julian, Benjamin Schmickle said, "The issue isn't, in forum non conveniens, whether there is a quote, connection, to Illinois."

Stack interjected, "We are not going to argue the forum non conveniens motions today."

"I have been making, with everyone's assistance, an effort to do something to address the problem that Barney has raised."

He said he understood the objection and, "It has been overruled."

"I am going to allow them to be set as I have already done before," Stack said.

He said he would hear forum motions when they are set according to deadlines.

"As long as you don't continue them, I will hear them," he said.

Twenty-one lawyers from ten plaintiff firms attended the hearing along with 27 from 21 defense firms.

After the hearing, Shultz proposed a trial calendar with 250 dates.

Practices in Madison County "resulted in the marketing of trial dates and the filing of lawsuits that have no discernible connection to Illinois," he wrote.

Madison County asbestos filings increased from 325 in 2006 to 814 last year, he wrote.

He wrote that two of the 41 cases from Gori and Julian had identifiable connections to Illinois, and four remained under investigation.

He also requested three more months to prepare for trials.

"The current six month minimum trial preparation process forces defendants to simultaneously prepare their cases for trial while also developing the full forum non conveniens factual record required by this trial court," he wrote.

Libby mill fire follow-up

A massive fire at the Libby Mill in Libby, Montana is the source of health concerns that center on chemical contamination from the smoldering remains. The Lincoln County Environmental Health Department and the City of Libby are discussing the findings of a preliminary study that detected the presence of chrysotile and anthophylite asbestos. Cleanup is required by law if the contamination is greater than 1 percent, although there has been no minimum threshold found for health risk related to asbestos exposure. Off-site samples were also tested, and low level contamination was found in three of the four tested areas, with a greater concentration of contaminates in the fourth.

Libby is listed on the Environmental Protection Agency's (EPA) Superfund list. Additionally, a public health emergency was declared last year due to the high incidence of mesothelioma and other asbestos-related illnesses.

For the full story, go to The Western News.

Asbestos Alert: Russia says no to asbestos ban, claims asbestos is not dangerous

The country of Russia is the world's most prolific producer of asbestos, so it comes as no surprise that the Russian delegates at a recent international forum on banning asbestos were against the proposal for banning one of their major exports. The first annual World Social Security Forum, held in Moscow, discussed the health risks associated with asbestos exposure. Several of the Russian delegates were especially vocal in their disdain for any proposed asbestos ban.

"It's just a PR campaign when they say that asbestos can kill," said Viktor Ivanov, head of the Chrysotile Association, an asbestos industry group.

Yevgeny Kovalevsky, a forum delegate from the Russian Academy of Medical Sciences, added: "For the general population, there aren't significant risks - I haven't seen a single scientific study that shows the need for a ban."

However, it is well known that asbestos exposure is linked to the development of mesothelioma, a rare form of cancer. While not all people who are exposed to asbestos go on to develop mesothelioma or other ailments, several thousand people die in the United States each year from mesothelioma, and many thousands more die from the cancer each year in other countries around the globe. The disease typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms, and the majority of patients lose their battle with this cancer in less than two years following diagnosis.

Sadly, it has been reported that the Russian chrysotile asbestos industry is running a public information campaign that roughly translates as "A Big Lie of "Ban Asbestos". The campaign is attempting to sway public opinion about the dangers of asbestos, and it seems likely that the asbestos industry in Russia will continue to downplay the potentially life-threatening health effects of asbestos exposure.

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