Decades after Asbestos Dangers Known, Regulation Still Proves Challenging

05/28/2010 // Chicago, IL, USA // mesotheliomalawyernews.visionsmartnews.com' rel='nofollow'>Cooney & Conway // Mesothelioma attorneys: Cooney & Conway

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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This entry was posted on Friday, May 28th, 2010 at 3:05 pm and is filed under Asbestos Exposure, Mesothelioma. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.

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