Thursday, February 11, 2010

Former Dental Technician Succumbs to Mesothelioma

An avid cyclist and former dental technician has died from mesothelioma, which it is believed he contracted while working with asbestos-contaminated dental equipment.

Edward Seviour began working in a dental laboratory at the tender age of 13, and continued in that line of work until his retirement. The dental labs were often dusty from asbestos material, and much of the equipment that Seviour would have used, including the gloves he wore, has asbestos as a component. In 2008, he was diagnosed with mesothelioma after consulting his physician about a chest infection.

Asbestos used to be highly favored as an insulating material, because of its resistance to heat and fire, its strength and durability, and the fact that it does not conduct electricity. Moreover, it can be spun into yarn or woven into cloth, and mixed with plastics or cement. This versatile material, however, is also a carcinogen. When its microscopic fibers become airborne, they can be inhaled and do great damage to a lining of the lungs and chest cavity called the mesothelium. Sharp and needle-like, they pierce this lining and cause cellular damage, leading to the formation of tumors.

Mesothelioma is a relatively rare form of cancer—it’s diagnosed in only about 3,000 people in the United Kingdom and around the same number in the U.S.—and it is particularly deadly. Fewer than 10 percent of people who are diagnosed with this disease go on to live more than two years after the diagnosis. Part of the problem lies with the difficulty of treating this cancer; since it spreads in a diffuse manner across the mesothelium, instead of forming discrete tumors, it is extremely hard to remove through surgery. It also tends to be resistant to chemotherapy and radiation.

After an inquest, the Eastbourne Coroner, Alan Craze, said that Seviour had a large number of asbestos fibers in his body, which were “evidence of much greater than average exposure during life.” He recorded a verdict of industrial disease.

Seviour was an avid bicyclist and the president of the East Sussex Cycle Tourist Club. He also enjoyed restoring vintage racing cycles. He leaves behind a wife, Gwendoline.

Florida man running 5K for mesothelioma awareness

A mesothelioma patient from Pompano Beach, Florida is raising money and awareness for a form of cancer most often linked to asbestos exposure. Larry Davis has fought mesothelioma for years, and has beaten the odds for survival. When doctors told Davis that he was near the end of his life in 2007, he decided to forego additional treatments and improve his health by running.

Now, Davis is organizing the Miles for Meso 5K race in order to raise awareness about this rare but aggressive form of cancer. The race will take place on Valentine's Day at Spanish River Park in Boca Raton, Florida.

"They gave me a death sentence," said Davis, who is now 64 years old. "I proved them wrong. I did the opposite of what they said to do, and that's why I'm still here. Sometimes individuals have to take responsibility for their own well being."

"We are going to have a tribute [to notable mesothelioma victims], but we're not going to be there to mourn," Davis said. "We're here to get on with life and come up with solutions, because we're not getting any help from politicians and the government...I sat with a senator in Washington and asked him to help ban asbestos. He said, 'We banned it.' I said, 'No, you haven't. His aide "Googled" it and said, 'You know, we almost passed it in '89, but a federal judge overturned it,'" Davis told reporters last week.

Firms accused of asbestos wrongs

Two firms have been accused of attempting to stop regulators from putting controls on the use of asbestos. As reported by The Age, James Hardie and CSR were alleged in court to have attempted to persuade regulators to not place restrictions on their products as well as purposely failing to place the names of their companies on products that contained asbestos, which would make it difficult to assess liability in asbestos legal claims.
An attorney for Robert Berengo, a Melbourne man who is seeking damages from the companies’ asbestos liability fund, John Gordon, is quoted in the report as stating in court that his client would bring forth allegations that “over a considerable period of time, the two companies formed an asbestos industry in [Victoria] and in this country, and they formed arrangements, agreements or an understanding to act together to influence the public debate on the dangers of asbestos, and to influence regulatory authorities on the control of, and the use of, the asbestos.”
Gordon is further quoted as stating that the companies had an, “agreement to grow the industry or protect the industry’s profits” and “did many things to do that.”
A trial is reportedly set to begin February 15.

Mesothelioma Lawsuit Results in $17.87 Million Verdict

In a recent case involving asbestos exposure, a jury has awarded $17.87 million to a woman who has been diagnosed with the rare cancer mesothelioma.

Jayne Menssen claimed she contracted mesothelioma after being exposed to asbestos during her employment as a secretary at Union Asbestos and Rubber Co. in the 1960s. The company was called Unacro Industries Inc. at a later date.

According to Menssen, the defendants Pneumo Abex LLC and Honeywell International Inc. knew about the hazards associated with asbestos, but failed to warn employees and customers that there was any danger.

Exposure to asbestos is the primary cause of malignant mesothelioma. For most patients, prognosis is poor as doctors often experience difficulty in treating the disease. Treatment options usually include palliative methods aimed at relieving pain rather than curing the cancer.

Diagnosing mesothelioma is also challenging for physicians. The latency period for development from the time someone was initially exposed to asbestos can range between 20 and 50 years. By the time mesothelioma is detected, patients are often already in the advanced stages of development.

According to the Environmental Protection Agency, there is no safe level of asbestos exposure. Those who believe they have been exposed should seek routine medical checkups with a qualified physician for signs of asbestos exposure.

The jury in the case reached their verdict after a four-week trial. Menssen received compensatory damages of $3.5 million, punitive damages of $4.37 million from Pneumo Abex and $10 million from Honeywell.

Saturday, February 6, 2010

Woman Sues On Behalf of Father, Who Died of Mesothelioma

A recently deceased mechanic and Army veteran is being remembered by his daughter, who is fighting to receive compensation for his death at the hands of the asbestos cancer mesothelioma.

Samuel Mann worked as a mechanic while serving in the United States Army from 1959 to 1961. After his military service had ended, he went to work as a mechanic at Crown Cork and Seal from 1965 until the early 1970s. For the next several years, he did construction work, then—from 1976 to 1983—was employed as a welder, mechanic and shop foreman for Norfolk Southern Railroad.

Now Mann’s daughter, Theresa Mann Adams, of Georgia, is bringing suit against these companies to hold them accountable for the asbestos exposure which led to the deadly mesothelioma.

Mesothelioma is nearly always caused by exposure to asbestos, a carcinogenic mineral material which was used in the mid-20th Century for insulating, fireproofing, and strengthening other building materials and consumer goods. Asbestos-containing materials, when they are manufactured, installed, or damage, can release into the surrounding atmosphere a vast quantity of microscopic fibers, which can then be inhaled. Because the fibers are small enough to pass through the lungs’ natural filtration system, but also sharp and needle-like, they can then embed themselves into the mesothelium—a membrane which covers and protects the lungs and the internal surface of the chest cavity. Tumors can develop on this membrane, although it may take years or even decades for them to be discovered.

By the time the cancer is diagnosed, it has typically become so advanced that traditional treatments—such as surgery, radiation therapy and chemotherapy—are ineffectual. Many patients enter hospice treatment shortly after diagnosis, and receive pain medication or palliative measures in order to make the remainder of their life as comfortable as possible. The average life expectancy for an individual who has this devastating cancer is less than 18 months, with many patients living only a few months, or even weeks.

Mesothelioma is a fatal form of cancer which affects only 2,000 to 3,000 new patients in the United States annually.

Estimated Cost of Mesothelioma Lawsuits for Insurers in U.K. Doubles

Actuaries in the United Kingdom are doubling earlier predictions about the potential cost of asbestos and mesothelioma lawsuits, estimating that $17.7 billion in asbestos-related claims will be filed between now and 2050.

The new numbers, provided last month by the U.K. Asbestos Working Party (PDF), is more than twice that of the $7.57 billion estimate it made in 2004. The group, part of the Actuary Profession association, estimated that 90% of all asbestos claims filed with insurance companies will be related to cases of mesothelioma cancer.

The group said that the number of mesothelioma sufferers who would make claims was underestimated in 2004, when claims from people with mesothelioma only accounted for one-third of all insurance claims. Since then, that percentage has skyrocketed to two-thirds and continues to rise.

Mesothelioma is a rare form of cancer found in the lining of the chest and lung. The only known cause of mesothelioma is asbestos exposure, and it is often not diagnosed for 20 to 40 years after exposure. As a result of the long latency period, the cancer is very advanced when it is diagnosed and life expectancy with the disease is limited.

Asbestos was widely used in a variety of manufacturing and construction applications throughout the last century, with use peaking in 1973. Most uses of asbestos were banned in the United States in the mid-1980s. Despite the ban, the U.S. Centers for Disease Control and Prevention says that the number of mesothelioma deaths continues to rise each year due to the latency period, with the number expected to peak in 2010.

Asbestos litigation is the longest running mass tort in U.S. history, with the first asbestos exposure case filed in 1929. Over 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.

US troops subjected to asbestos-filled “burn-pits”

A growing number of US troops stationed overseas are raising concerns about their exposure to toxic “burn pits”. Among these soldiers are members of Houston’s 72nd Infantry Brigade Combat Team, roughly 3,000 of who were sent to carry out missions for nine months in Iraq. At Camp Taji, which is just north of Baghdad, many of these brave Texan soldiers are concerned about their health. Open-air burn pits release so much ash, smoke, and other debris that they have been compared to a heavy snowfall.

These burn pits are used to dispose of garbage and debris, with each pit consuming as much as 120 tons of garbage per day. “[The ash] hovers over like a blanket,” said Sgt. 1st Class Kevin Ethier. “After it rains, you’ll get puddles of stuff. It’s like a yellowish, brackish color. It looks metallic. It’s just disgusting.”

Soldiers at Camp Taji complain of migraines, breathing problems, sore throats, irritated eyes and skin rashes. Lawsuits related to the operation of similar pits in the area allege contractors and others dumped “a human arm, other body parts, batteries, tires, asbestos and a variety of toxics into burn pits”. All these items can cause serious health problems. Asbestos-laden materials are most dangerous when they become airborne. Inhaling or ingesting airborne asbestos particles can lead to the development of mesothelioma, a rare but aggressive form of cancer that can kill within months of being diagnosed.

The burn pit at Camp Taji is operated by KBR, a company that operates many pits throughout Iraq and one in Afghanistan. According to one company official, “KBR operates burn pits in accordance with guidelines approved by the Army. Further, it is the Army that also decides where on base to locate the living and working facilities for base personnel.”

Inspectors say schools fail to protect pupils and staff from asbestos

Asbestos tests on dozens of schools have revealed "unacceptable" safety standards that could be putting thousands of children and teachers at risk.

An inspection report obtained by The Independent on Sunday shows a grim picture of the lack of controls on the potentially deadly substance lurking in the fabric of thousands of schools. Analysts who conducted the nationwide survey found that too few head teachers manage asbestos properly; many rely on containment plans more than a decade old and some have never drawn up plans at all.

The audit, by the Asbestos Testing and Consultancy Association, also found that some schools had asbestos particles in the air; some allowed workmen to disturb the material and others simply didn't know the rules for managing the threat from building projects.

The IoS revealed last November that campaigners had arranged inspections of 100 English schools to demonstrate the threat from asbestos which they blame for a series of illnesses - including the cancer mesothelioma - which claim the lives of at least 16 teachers a year. MPs, union leaders, and families persuaded the association to carry out the tests for free, after the Government refused funding.

A preliminary report said that most schools are failing to comply with their legal "duty to manage" the asbestos, that the responsibility for ensuring safety was dogged by confusion, and that staff training was "either poor or non-existent". The report concluded: "It is not therefore surprising that the standards of asbestos management were unacceptable in the majority of schools. This should have been identified and corrected."

The majority of schools are thought to contain asbestos, which was used as insulation or fire protection from the 1940s until the 1980s. Local councils must keep records of how many schools contain asbestos, but they do not have to know what state it is in. They have largely opted to leave it in place, rather than risk further contamination by removing it. However, campaigners have warned that it poses a greater risk over time as it is disturbed by wear and tear and renovations, and releases fibres which could be lethal if inhaled.

The Lib Dem MP, Paul Rowen, who has led parliamentary demands for action against asbestos, said: "Only the Government can resolve this. We need it to show the political will and the funding to ensure this problem is tackled once and for all."

The Health and Safety Executive insists there is no evidence that teachers are at increased risk.