Archive for September, 2008

Removal of contaminants such as asbestos and lead are scheduled to begin at the Ithaca Gun Factory very soon, but locals still have concerns about the safety of the project, including the fact that demolition debris may be left at the site after the work is completed. Local action group The Ithaca Gun Community Advisory Group has asked that any debris left at the site be tested to ensure it is safe.

The Ithaca Gun Factory is contaminated with a range of harmful substances, including asbestos, chlorinated solvents (including trichloroethylene), and lead. All three are known to be hazardous: lead can have a negative impact on the brain development of children, and asbestos and trichloroethylene are known human carcinogens.

Although the federal Environmental Protection Agency spent $4.8 million between 2002 and 2004 on cleaning up the site, it remains heavily contaminated.

Improper and unsafe removal of asbestos materials can lead to hazardous asbestos fibers being released into the air. If these fibers are inhaled or ingested, serious diseases including asbestosis and mesothelioma can develop. The most common form of latter is pleural mesothelioma, an aggressive form of cancer that is rarely cured. Unfortunately, these diseases are typically diagnosed in advanced stages of development, which often complicates the benefits of mesothelioma treatments.

The current remediation plan involves decontaminating the site, followed by redevelopment of the site into a condo building by a local developer. This year, however,  residents have expressed concern over whether the budget for the project is big enough, as well as whether the work can be carried out safely.

With the project scheduled to begin very soon, The Ithaca Gun Community Advisory Group and the contractor hired by the site developer are now disagreeing over whether any debris will be left onsite to be reused in development, and how much lead can safely be left on the site at the completion of the decontamination work. The state Department of Conservation has still not made a decision on these issues, despite the fact that the project could begin any day.

The chairperson of the community group, Sarah Steuteville, said the group was shocked when it learned some of the demolition debris would be reused to redevelop the site. The group says they were told it would be too expensive to remove all of the debris.

Now, the action group, together with Ithaca Mayor Carolyn Peterson, has proposed a compromise: that any debris remaining onsite after the completion should be tested to ensure it is not harmful.

However, there’s still a problem: the environmental consultants hired to work on the site have proposed testing every 500 to 1,000 cubic yards of debris, but the advisory group says that’s not enough. They want every 100 cubic yards of debris tested, and they also want the site cleaned to a higher standard than has been proposed by the environmental consultants.

Unfortunately, following the guidelines requested by the committee may mean the project might run out of money. Finding a compromise both sides can accept is proving to be a difficult process.

The city of Winslow was recently fined $240,000 by the Environmental Protection Agency as a penalty for asbestos violations committed last year. The violations included illegal removal of asbestos, illegal disposal of asbestos, and failure to notify the proper authorities of the presence of asbestos.

The suit filed by the EPA named the city and John Roche, the former city manager, as well as the owner of the building where the violations were committed. They were accused of demolishing four apartment buildings without inspecting them for asbestos.

If asbestos-containing materials are damaged or disturbed during demolition, toxic fibers will often be released into the air. These fibers, if inhaled or ingested, can cause serious diseases such as mesothelioma, asbestosis, and lung cancer. Malignant mesothelioma often takes several decades to develop, and when it is finally diagnosed, most mesothelioma treatments do not have a curative affect on the disease.

Tipsters originally notified state authorities that the buildings were in the process of being torn down, and the demolition was ordered to a halt. Tests were carried out and the presence of asbestos was confirmed.

Despite the demolition being halted and the discovery of asbestos in the buildings, John Roche ordered that five more buildings be demolished.

Another recent asbestos-related fine was levied against a Pittsfield, Massachusetts man, who pled guilty to illegally removing asbestos from an apartment building.

Gerald Ely admitted to having failed to follow the proper protocols that regulate the removal and handling of asbestos. Ely was required to notify the State Department of Environmental Protection about the presence and removal of the asbestos, but failed to do so, according to the State Attorney General’s office.

Ely was charged with violations of the Massachusetts Clean Air Act after inspectors found asbestos insulation within the building was in poor condition. The inspectors ordered the asbestos be removed immediately, but a year later a further inspection revealed the material had remained in the building.

The state recommended a 90 day sentence at the County Jail & House of Correction, as well as a fine of $10,000. However, after pleading guilty, the judge ordered him to pay a fine of $2,000.

Today, September 26, is National Mesothelioma Awareness Day. Mesothelioma is a rare type of cancer that most commonly develops from exposure to asbestos. Asbestos, a naturally occurring mineral, was widely used in a variety of building components for its fire-resistant and insulating properties.

Most patients who are diagnosed with mesothelioma often worked at jobsites that exposed them to asbestos. Some of these jobsites include shipyards, Navy vessels, asbestos manufacturing sites, construction sites, power plants, and chemical plants, just to name a few.

Asbestos exposure occurs when toxic, microscopic asbestos fibers are inhaled or ingested into the body. This is usually a result of asbestos-containing materials becoming damaged or disturbed, which allows them to disperse the fibers into the air. After being inhaled, the fibers typically attach themselves to the mesothelial lining of the lungs, know as pleural mesothelioma. However, these fibers can also attach to the mesothelial linings surrounding the heart and abdomen.

People of any age can develop malignant mesothelioma, but most newly diagnosed mesothelioma patients are quite old. A person with a developing case of mesothelioma may live for decades without symptoms or other obvious signs of serious illness. While this may seem like a blessing to some, it is decidedly a curse, as the long latency period associated with the disease presents a serious challenge to doctors who wish to treat mesothelioma patients.

By the time a person with mesothelioma begins to show symptoms of the disease, they might be in their 70s or 80s and already living with a disease in its latest stages of development. Mesothelioma treatments can include surgery, radiation therapy, anticancer drugs, chemotherapy, and other methods.

Even with the use of asbestos proven to be hazardous, the toxic mineral has yet to be banned in the United States. As a result, approximately 2,000 to 3,000 people will continue to be diagnosed with mesothelioma each year. The Meso Foundation has given more than $4 Million towards mesothelioma research, and today they are asking everyone to help spread awareness about this harmful disease.

A federal court has ruled that the Lambert-St. Louis International Airport, owned by the city of St. Louis, violated federal asbestos safety standards. The violation occurred when the city demolished several asbestos-contaminated buildings using an untested asbestos removal method. The buildings were located in Bridgeton, a community that lies in the path of a newly proposed runway.

The lawsuit against the city was brought by Public Justice, a non-profit law firm that is suing on behalf of the people living near the demolished buildings. Those who lived in the area had serious concerns that the asbestos removal was a threat to their health and safety.

Improper removal of asbestos-containing materials can lead to toxic asbestos fibers being released into the air. If these fibers are inhaled, serious diseases including mesothelioma and asbestosis can develop. In most cases, such diseases are diagnosed in the advanced stages of development, which often complicates the benefits of mesothelioma treatments.

Dubbed the “wet removal technique” by the Environmental Protection Agency, this asbestos removal method uses high-pressure water hoses to blast the substance from ceilings, walls, pipes, and other structures.

However, this method actually ignores the EPA’s current regulations concerning the removal and disposal of asbestos-containing waste.

In 2000, the city of St. Louis began destroying buildings to make way for the new runway, and used the unauthorized method for more than three years. By 2004, news reports stated the removal method had been used on 260 homes and the city had plans to use it on hundreds more.

Even with many homes near the runway location occupied by residents, the contractors and the city did not deter from using high-pressure water to remove the asbestos. Some reports at the time stated that asbestos-containing water was being released into streets in the neighborhood.

Many of the EPA’s asbestos experts and toxicologists believe the technique is dangerous and has not been adequately tested for safety. However, some EPA technicians say the method is much less expensive than other removal methods, and for this reason should be used more often.

Other EPA officials now want to use the wet removal method in Fort Worth, Texas to remove asbestos from a motel before demolition. Following that project they hope to continue using this method in other Texas cities, most notably in poorer sections of urban centers.

Richard Greene, the EPA’s Dallas regional administrator, is a firm proponent of the technique. Most EPA officials agree that the new asbestos removal technique may be useful, particularly if it is less expensive. However, they also believe it is much more important that the technique is safe and does not result in people contracting asbestos cancers.

Plattsburgh, New York business-owner Mark Desnoyers has recently been convicted of falsifying test results for asbestos removal companies following a two-week trial which took place in a Utica federal court.

Desnoyers is the owner of Adirondack Environmental Associates, and worked as an air monitor. His work involved taking the samples required for the proper documentation of safe asbestos abatement and removal from commercial buildings and residential homes.

During the court trial, the evidence showed that Desnoyers had secretly agreed with the owners of asbestos abatement companies that he would falsify the results of his tests. This allowed these asbestos removal companies to ignore the environmental laws which were made to help safeguard people from asbestos exposure.

Asbestos is known to cause a variety of terminal diseases, ranging from asbestosis to lung cancer to mesothelioma. The latter is a rare form of cancer that most commonly affects the lining of the lungs, called pleural mesothelioma. Currently there is no standardized cure for this disease, as the cancer rarely responds to mesothelioma treatments.

The conspiracy between Desnoyers and the abatement companies allowed these contractors to complete work for their clients and leave behind them massively contaminated homes and commercial properties while claiming test results showed the buildings were clean. With the properties still contaminated, the people living and working in them were at risk of asbestos exposure.

Desnoyers has been convicted of conspiracy to violate the federal Clean Air Act, and has also been convicted of mail fraud, aiding and abetting Clean Air Act violations, and making false statements to Environmental Protection Agency Special Agents.

Prior to the start of the trial, two more men pled guilty to violations of the Clean Air Act, and other charges. The two men include John Wood, owner of J&W Construction, Inc, and Curtis Collins, owner of Adirondack Asbestos.

Wood admitted that he had directed several facilities in illegal asbestos removal activities and that he had used false air test reports from Desnoyers to make clients believe their homes were free from asbestos.

Curtis Collins pled guilty to conspiring with both Desnoyers and Wood and acknowledged he had played a role in illegal asbestos removal. Collins also testified against Desnoyers.

Desnoyers now faces a fine of up to $1.25 million, plus restitution to victims and a maximum prison sentence of 25 years. Wood faces time of up to five and a half years and a fine of $250,000, while Collins faces a fine of $250,000 and up to five years incarceration.

Anyone with professional involvement with Desnoyers is encouraged to have their property rechecked for airborne asbestos levels. Avoiding asbestos exposure is the only way to prevent malignant mesothelioma and should be a top concern for those with aging asbestos products in their home.

Dealing with the aftereffects of asbestos exposure is an exhausting and tragic business, as those who find themselves forced to file lawsuits in an attempt to claim compensation may often attest. Four new asbestos-related lawsuits recently filed in Madison County, Illinois means four new victims have been profoundly affected by exposure to the toxic substance.

One of the four involves secondary asbestos exposure. Missouri woman Kristy Ritz claims she was exposed to asbestos fibers from work clothing worn by her father and grandfather. The lawsuit, filed on September 17 in Madison County Circuit Court with the direction of a mesothelioma lawyer, claims that Ritz has been diagnosed with mesothelioma and that the disease was wrongfully caused.

The seven-count lawsuit filed by Kristy and Robert Ritz is seeking at least $100,000 in punitive and exemplary damages, and at least $150,000 in compensation.

A second suit was filed by Wisconsin woman Linda Lyon, who claims her malignant mesothelioma was wrongfully caused and developed after she worked in various jobs (between 1978 and 2006 ), including as an assembly line worker, packager, and dashboard hanger. She also claims to have suffered secondary exposure as a result of a family member having worked as an iron worker who unknowingly transporting asbestos fibers home on work clothing.

Lyon’s two-count lawsuit asks for at least $50,000 in compensation for her mental and physical suffering, loss of income, and medical expenses, as well as punitive damages.

Louisiana man George Harrigan is another plaintiff who claims to have suffered mesothelioma as a result of working with and around asbestos. Between 1943 and 1979 he worked as an electrician, laborer, and quality control specialist at various locations. According to his lawsuit, he worked with or around inhalable asbestos fibers, which caused him to develop mesothelioma.

The two-count lawsuit seeks at least $50,000 in compensation for mental and physical suffering, loss of income, and medical expenses. In addition, Harrigan’s suit asks for punitive damages, which effectively punish the defendants for their misconduct.

A fourth suit is brought by Illinois resident Mary Zerkle, who was diagnosed with mesothelioma in May. According to the lawsuit filed on September 17, she suffered secondary asbestos exposure from 1950 onwards, when her father worked for Pabst Brewery as a machinist and transported asbestos fibers to the family home on work clothing.

As a result, Mary Zerkle claims, she has suffered mental and physical pain and has incurred medical expenses and suffered loss of income and earning capacity. Her eight-count lawsuit asks for at least $100,000 in exemplary damages and at least $200,000 in compensatory damages.

The Thomas O’Brien Academy of Science and Technology in New York was recently forced to close this school year due to asbestos-related problems. According to Albany School District officials, the school must now undergo considerable asbestos remediation before it can open for the next school year. Estimates of the abatement project have revealed the costs may come close to $4 million to remove all asbestos from the school’s campus.

Earlier this year in July, parents learned the school’s five hundred students, in pre-kindergarten to sixth grade, would be relocated to another school while the Academy is closed. School district spokesperson Ron Lesko said students would be relocated to the former Philip Schuyler Elementary School for the duration of the work.

Initially, nobody knew how extensive the school’s asbestos problems really were. As part of a general improvement and renovation project, work began on the Academy and its parent school Giffen Elementary School when the school year ended in June. The Academy was shut down to complete what was thought to be a small and simple asbestos remediation project.

However, when construction crews began their work, they discovered there was more asbestos in the Academy building than previously thought. According to Ron Lesko, “asbestos was found in places from which it was thought it had been removed two decades ago in the late 1980s.”

Estimates of the costs of renovation and asbestos abatement top $10 million, with $3.8 million for asbestos abatement, and between $8 and $9 million for renovation work.

Following the discovery of asbestos, parents became concerned about the possibility of their children being exposed to the toxic substance. The inhalation of asbestos fibers can lead to serious diseases, including asbestosis and mesothelioma. Other known causes of asbestos exposure are lung cancer, colon cancer, and gastrointestinal cancer. In most cases, these diseases do not show signs of development until they are in advanced stages, which will typically cause problems for mesothelioma treatments and health effects.

Despite their concerns, most parents were satisfied that the school had handled the situation in the best way possible.

School officials estimate the Academy will reopen for the 2009-2010 school year following the completion of the renovation and removal of all remaining asbestos-containing materials.

In October 2001, James O’Conner was diagnosed with malignant pleural mesothelioma. At that time, he was told he had only a few months to live. Seven years later, O’Conner is still alive, and has written a book about his battle with mesothelioma, entitled, “They Said Months. I Chose Years! A Mesothelioma Survivor’s Story.”

Mesothelioma, a type of cancer caused by asbestos exposure, is particularly devastating because it is difficult to diagnose early, spreads aggressively, and is resistant to mesothelioma treatments. An individual diagnosed with mesothelioma has, on average, less than two years to live.

When O’Conner was diagnosed with the deadly cancer, his oncologist told him he had less than a year to live. The doctor advised him to take one last vacation with his wife, and then prepare to live out his few remaining months at home, or in a hospice.

O’Conner wasn’t a candidate for surgery due to the position of the tumor. Chemotherapy, according his doctor, wasn’t an option since it would reduce his quality of life without providing any benefit.

However, O’Conner decided to ignore his doctor’s advice, and instead of letting the cancer win, he devised a plan of attack to combat it. In his book, he described how he changed his life in an effort to survive mesothelioma, and even provides insight into the science that backs up his decisions.

O’Conner began consulting with other professional clinicians and devised a new regimen, which he hoped would overcome the cancer. With more than one hundred supplements a day, an entirely new diet, and a holistic treatment plan, he has survived far beyond his oncologist’s original prognosis.

Seven years later, O’Conner continues to enjoy an active live, and continues to support his health with supplements, diet, and holistic methods.

The book includes details on more than 100 medical articles that support the idea of managing chronic diseases such as cancer through good nutrition.

O’Conner says the main message of his book is that there are other ways to combat cancer apart from conventional treatments such as surgery and chemotherapy.

Remember, however, that such treatment regimes do not always work for everyone—people respond differently to both conventional and non-conventional treatments. Despite the highly inspirational and positive message in O’Conner’s book, it’s important that people diagnosed with malignant mesothelioma and other types of cancer not discount their doctor’s advice on the basis of other people’s experiences.

The Pennsylvania Superior Court reversed a decision this week initially made in favor of Georgia-Pacific in a case where the plaintiff sued for compensation following a mesothelioma diagnosis, an asbestos-related disease.

Exposure to asbestos can cause a range of serious diseases, including asbestosis, a chronic, debilitating lung condition that reduces lung capacity. Asbestos exposure also causes the development of lung cancer and gastrointestinal cancer.

Malignant mesothelioma is a deadly form of cancer typically affects the lining of the lungs, usually appearing between two and five decades after asbestos exposure. Pleural mesothelioma is the most common form of the disease and is very resistant to mesothelioma treatments.

The unnamed plaintiff in the case worked for a Pennsylvania construction company in the 1970s and 1980s. Asbestos was used in thousands of construction materials throughout the twentieth century and can still be found in a number of construction products today.

The plaintiff alleged that he had been exposed to asbestos via a joint compound manufactured and sold by Georgia-Pacific and that the company knew of the dangers of asbestos even while it continued to make and sell asbestos-containing products.

An attorney for the plaintiff stated, “Georgia-Pacific did not see fit to warn workers about the hazards created when asbestos-containing joint compound is mixed or sanded, or tell them about appropriate safety precautions, even though basic prevention methods have been known since the 1930s.”

Georgia-Pacific attempted to avoid compensating the victim and his family by demanding that they produce proof of the specific dates and times when he had been exposed to asbestos in the company’s joint compounds. If the family could not produce this evidence, said Georgia-Pacific, they did not have sufficient proof that the man had been exposed to asbestos found in the company’s joint compound.

Initially, The Court of Common Pleas of Philadelphia County ruled in favor of Georgia-Pacific. However, the Pennsylvania Superior Court has reversed that decision and has said the case can now be tried on its own merits.

Among the testimony which persuaded the Superior Court to reverse the decision was that provided by the plaintiff’s sons, who testified that they had seen their father working with the joint compound on several occasions. In addition, a coworker of the plaintiff testified to having seen the plaintiff working with the Georgia-Pacific compound.

New asbestos lawsuits recently filed in Madison County, Illinois show that asbestos exposure can cause great tragedy in the lives of those affected. Asbestos exposure can occur not only to those who have worked with the substance, but also to their families.

Exposure to asbestos can cause a range of serious diseases, including asbestosis, a chronic, debilitating lung condition that reduces lung capacity. Asbestos exposure also causes the development of cancers such as lung cancer and mesothelioma.

Malignant mesothelioma is a deadly form of cancer which commonly affects the lining of the lungs, which is known as pleural mesothelioma. The disease usually starts to show symptoms between two and five decades after asbestos exposure occurs. As a result, the cancer is typically diagnosed in late stages of development and has become very resistant to mesothelioma treatments. Other cancers can develop as a result of asbestos exposure, including gastrointestinal cancer and laryngeal cancer.

A Missouri couple— Clyde and Doris Brookshier—filed their lawsuit on September 12 in Madison County Circuit Court, claiming that Clyde was diagnosed with mesothelioma on July 8, and that the disease was wrongfully caused. The eleven-count lawsuit claims that he was subjected to both primary and secondary asbestos exposure.

According to the Brookshier’s lawsuit, Clyde worked as a lineman, laborer, and repairman at various locations between 1957 and 1983, and during that time worked for Missouri Light & Power, the U.S. Army, and Sprint. The lawsuit also claims that Clyde suffered secondary asbestos exposure during the time his father worked as a lineman for Missouri Light & Power, prior to 1949.

For the pain, suffering, disablement, and disfigurement suffered by Clyde, the Brookshiers have filed an eleven-count lawsuit that seeks at least $100,000 in punitive and exemplary damages, as well as compensatory damages of at least $150,000.

Another lawsuit was recently filed by a Missouri woman who claimed her deceased husband had suffered from an asbestos-related disease that was wrongfully caused.

Dawn Koch claims her husband Stephen was diagnosed with mesothelioma on June 13, 2007, and died from the disease less than two months later. The lawsuit, filed on September 15, 2008, states that the exposure should have been foreseen and prevented by Koch’s employers.

For the pain and suffering her husband suffered, as well as healthcare and medical expenses incurred during his illness, Dawn Koch is seeking punitive and exemplary damages of at least $150,000.