Archive for the ‘Mesothelioma’ Category

On August 27, 2008, Leigh Carlisle lost her two-year battle with mesothelioma. She was only 28 years old, making her one of the youngest victims on record to have ever died from the asbestos-related cancer.  Leigh was diagnosed with mesothelioma at the age of 26 after suffering from severe abdominal pains.  It took several years for doctors to arrive at Leigh’s diagnosis, and even after her death, medical professionals are baffled as to how she was exposed to the deadly material asbestos, which is the only proven cause of mesothelioma. 

In the majority of mesothelioma cases, the cancer takes 20 to 50 years to develop from the time of exposure to the point of diagnosis, meaning that Leigh’s death was most likely the result of her inhaling or ingesting asbestos particles as a small child.  Not long before her death, her attorney began to investigate the possibility that she could have contacted the disease at her primary school.  They are still awaiting a response to a Freedom of Information request about the buildings in which Leigh was taught as a child.

In addition to Leigh’s primary school falling under scrutiny, the route that she traveled everyday to get to school is also being investigated.  Leigh believed that she may have been exposed to asbestos as she passed by a factory yard on her walks to school.

“I used to take a short cut across a yard in Failsworth on my way to primary school,” explained Leigh in 2007. “I know that men working there cut asbestos sheets and handled asbestos materials in the yard, but I had no idea that by walking through the yard I could have inadvertently got cancer.”

Although the exact cause of her illness is still not confirmed, Leigh’s story has highlighted the cases of around 200 school workers from the United Kingdom who have died or are suffering from serious illnesses as a result of being exposed to asbestos in schools, and it is estimated that about 13,000 schools in the U.K. currently contain asbestos.  Asbestos was also widely used for school building projects in the United States and a shocking number of schools in the U.S. also presently contain asbestos. 

Because asbestos is an industrial material, and due to the long latency period between exposure and the development of mesothelioma, it has long been thought that the risks were exclusive to people born in the 1940s who worked as carpenters, loggers, shipyard workers, metal workers, electricians, and other occupations in various areas of construction.  However, with Leigh Carlisle’s passing, public safety officials are faced with the reality that asbestos-related diseases, including the deadly and incurable mesothelioma, do not discriminate when it comes to the age of its victims.  In addition, Leigh’s death serves as evidence that there is still much to be done when it comes to protecting children from asbestos. 

“Leigh had so much courage and strength - she was an inspiration to me and to others,” Leigh’s boyfriend, Michael Price, said. “Instead of flowers at her funeral, she said she wanted donations to the Oldham Cancer Support centre in Failsworth. Leigh would have liked to think that she helped the cancer centre to support other people.”

The office of Attorney General Martha Coakley has reached a settlement with Sears, Roebuck and Co. regarding alleged violations of the Massachusetts Clean Air Act and the Consumer Protection Act. The settlement was reached on August 19.

According to a press release, Sears improperly removed asbestos from a Pembroke home in October 2004. Under the terms of the settlement, Sears will pay a civil penalty of $55,000 to the family living in the home. In addition, the company has agreed to adopt practices and policies to ensure improper asbestos removal is not carried out again.

Massachusetts Department of Environmental Protection Commissioner, Laurie Burt, said, “The improper removal and handling of asbestos is a serious matter which potentially exposes families and workers to serious diseases such as mesothelioma. Businesses that fail to follow the asbestos regulations will end up paying significant penalties, as well as higher costs for expanded cleanup and decontamination work.”

The original complaint was filed in 2004, after Blane and Rachel Provost contacted Sears for an estimate of the removal and replacement of their old boiler, which contained asbestos insulation.

A Sears representative originally told the Provosts that the company could complete the project affordably, and hired two subcontractors to carry out the work. The Provosts were also told the contractors would have the proper licenses and training to safely complete the project.

However, the subcontractors hired by the Sears representative were not trained, licensed, or qualified to handle asbestos removal. In addition, Sears and the subcontractors failed to notify the Department of Environmental Protection that asbestos handling and removal was involved.

Surely of greater concern to the Provosts is that the subcontractors did not use proper asbestos handling procedures. The old boiler was removed and left in the basement with its chamber exposed, and asbestos material was scattered on the basement floor. To make matters worse, subcontractors used their bare hands to scoop up the material and store it in black plastic trash bags. These procedures are dangerous practices that can easily result in the development of asbestos cancer.

Attorney General Martha Coakley said of the incident, “Homeowners and their families should not be faced with a health risk when they purchase common household appliances like a new boiler. Asbestos removal requirements were enacted to protect public health and safety. Businesses who are contracted to perform work inside residential homes must properly train and supervise their employees so that homeowners are given accurate information and not put at risk.”

Recently, a drug widely used to treat high levels of cholesterol has shown promise for patients going through mesothelioma treatment. So far, the drug has been successfully used to treat melanoma, and may be useful for treating a wide range of other cancers.

The drug under investigation is Lovastatin, which was introduced in 1980. Early studies on Lovastatin originally excited researchers because of the unexpected, yet potent side effect it had on killing cancer cells. However, it was soon noted that humans were not able to tolerate the high doses of the drug needed to produce the anti-cancer effect, and plans to use the drug in cancer trials were temporarily postponed.

Researchers are now reconsidering Lovastatin and its potential uses in cancer treatment. One Nashville, Tennessee clinician has already been using the drug to treat some of the most serious cancers, including pleural mesothelioma.

Mesothelioma is a rare form of cancer that most commonly affects the lining of the lungs. Caused strictly by asbestos exposure, mesothelioma has a latency period of three to five decades, which usually results in a diagnosis when the disease is in its last stages of development.

Lovastatin has recently been able to arrest or entirely eradicate tumors in more than 80 percent of people who receive the treatment. The first cancer patient treated with Lovastatin in 2000 had stage four melanoma, and eight years after receiving treatment, remains healthy and disease-free.

NeoPlas Innovation Director of Research, Dr. Stephen Cantrell, says the key is using interferon combined with Lovastatin to reduce the toxicity of the cholesterol drug. The treatment protocol includes administration of a very precisely timed series of low-dose interferon and Lovastatin.

The results have been great, with melanoma patients experiencing eradication of tumors, long-term disease stability, or a substantial slowing of the progression of the disease. Less than 20 percent of people treated with the combination have failed to respond positively.

Another advantage of using Lovastatin is the absence of toxic side-effects usually associated with standard chemotherapy. The most prevalent side-effect with Lovastatin treatment is fatigue, unlike other chemotherapy drugs that can cause nausea, vomiting, hair loss, and immune system suppression.

Clinicians expect the Lovastatin-interferon combination will soon be used to treat pancreatic cancer, colon cancer, renal cancer, sarcoma, and mesothelioma, as well as other forms of asbestos cancer.

Recently in Madison County District Court in Illinois, two new lawsuits were filed involving patients who have developed mesothelioma cancer as a result of asbestos exposure.

The first was filed by Seals Glenn, Jr., who currently resides in Georgia. Glenn’s lawsuit names a total of 66 defendant corporations, and claims they failed to provide any warnings about the hazards of working around and with asbestos.

According to the lawsuit, Glenn worked between 1949 and 1994 in various positions, including carpenter’s apprentice, deckhand, truck driver, laborer, and fabricator. The majority of his work was located in both Georgia and Illinois. During his employment, Glenn claims he was exposed to toxic substances, primarily airborne asbestos fibers and dust.

Defendants in the lawsuit include Bondex International, CBS, Ford Motor Company, General Electric, General Motors, John Crane, Owens-Illinois, and Pfizer.

Glenn was diagnosed with mesothelioma on April 28, 2008. He is seeking damages of at least $550,000 for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence.

The second lawsuit involves Sharleen Craig of Virginia, who has filed an asbestos-related lawsuit that names a total of 13 defendant companies. The lawsuit was filed on August 14, and claims she developed mesothelioma as a result of exposure to asbestos. Craig was diagnosed with the rare disease on May 6, 2008.

Craig was employed between 1944 and 1993 in several different positions, including a janitor, waitress, cook, and garment inspector. She claims that during her employment she was exposed to asbestos products.

According to the lawsuit, the defendant companies are being targeted because they failed to exercise ‘ordinary care’ with the use of asbestos. Craig says their products should not have been manufactured with asbestos because adequate substitutes were available, and many mesothelioma lawyers across the nation would agree.

Craig is seeking compensation for mesothelioma treatment, loss of income and earning capacity, and mental and physical suffering.

Residents of a neighborhood in Toronto, Canada are in shock after an explosion occurred at the Sunrise Propane facility. And though the immediate dangers of the explosion have passed, there are still problems abounding, with many homeowners facing extensive home repairs.

One of the greatest concerns existing in the area is asbestos exposure. Around 12,000 people live in the surrounding neighborhood, and many of them have been evacuated to prevent exposure to the toxic substance. In addition, several streets near the site have been shut down due to asbestos findings.

Asbestos, once prized for its strength and fireproofing capabilities, was used in a vast variety of construction materials during much of the twentieth century. The most extensive danger occurs in situations where asbestos fibers become airborne. If inhaled, the toxic substance can cause serious health conditions such as mesothelioma, asbestosis, and other asbestos-related diseases.

Although some residents live far from the site, many are still worried about asbestos fibers traveling through the air. It has been proven that asbestos fibers can remain in the air for several weeks. Those who live closest to the site are particularly concerned due to the destruction of their homes and the chances of additional asbestos-containing materials being disturbed.

In some locations, residents have been allowed to return home regardless of the asbestos-related hazards. However, most are remaining indoors to help prevent asbestos exposure. In addition to those living near the contaminated area, emergency responders and cleanup crews should also take precautions to avoid exposure and the chances of contracting pleural mesothelioma.

New problems have recently arisen, as city officials discovered asbestos in a park several blocks away from the Sunrise Propane facility. Unfortunately, the park was not closed following the blast. Tempers have flared at recent town meetings and residents have demanded answers for difficult questions regarding the presence of undiscovered asbestos and the way in which emergency response has been handled.

Advocates continue urging Congress to provide more funding for the medical and psychological treatment of those who responded to help calls after 9/11 attacks. However, even with the constant push, the money is slow to come in.

Nearly a full seven years after the attacks, the people who responded and worked at ground zero are beginning to suffer serious illnesses as a result of working around an enormous variety of toxins, including asbestos.

After the attack on the World Trade Center, around 90,000 liters of ignited jet fuel created a cloud of black smoke containing benzene, metals, and other toxins, which, along with the rubble from the collapsing towers, contributed to the heavy contamination.

These emergency responders are suffering a range of serious respiratory and gastrointestinal illnesses, and many continue to suffer from worsening health. For those that survive the next few decades, the threat of long-latency cancers such as mesothelioma looms as a result of inhalation of airborne asbestos fibers.

Recently this week, first responders, doctors, and politicians gathered to call on Congress to continue providing funds for medical treatment.  In addition, they wish to collect funds for research on the possible long-term health issues associated with the rescue and cleanup work at the World Trade Center site.

Health centers across the country, especially in New York, are treating thousands of patients who have developed serious illnesses due to their work at ground zero. A clinic in New Jersey, which is expected to provide long-term treatment and monitoring for around 200 people, is actually caring for 1,300 police officers, firefighters, and other emergency responders.

Many other clinics and hospitals are similarly stretched, as they are taking care of a lot more patients than originally expected.

A bill is pending in Congress which, if passed, will continue to provide funding for clinics and medical centers that are treating and monitoring emergency responders. The bill is named after James Zadroga, a New York City police detective, who worked at ground zero for more than 400 hours and died at the age of 34 of a related illness.

The family of a man who passed away from mesothelioma has filed a Federal Employers’ Liability Act (FELA) lawsuit in Madison County Circuit Court in Illinois. The principle defendant is CSX Transportation.

The estate of Edgar Goodman claims that during the course of his employment, he was exposed to asbestos fibers. Goodman worked as a signalman for CSX Transportation between 1947 and 1951, and was diagnosed with malignant mesothelioma several decades later, in July 2005.

The complaint states Goodman worked with and around asbestos-containing materials, which included block and pipe insulation, joint compounds, cement products, gaskets, and brake shoes.

Goodman’s family is claiming compensation under the Federal Employers’ Liability Act, which was designed and implemented with the purpose of providing compensation for railroad employees who are injured during the course of their employment.

FELA compensation differs from standard workers’ compensation because FELA specifically requires injured workers to prove their injury was at least partially caused by their railroad employer’s legal negligence.

Goodman’s family believes CSX Transportation either knew or should have known of the dangers associated with asbestos exposure and claims Goodman’s exposure was foreseeable and should have been anticipated by the defendants.

Goodman’s family also claims that CSX violated FELA because the company was negligent in failing to provide Goodman a safe place to work, proper safety equipment, and failing to warn Goodman of the dangers of asbestos exposure.

In addition, the family is stating the company failed to test asbestos-containing products before employees used them, failed to provide adequate ventilation in repair facilities, and failed to require employees to handle asbestos safely.

If the family can prove CSX Transportation was at least partially negligent in exposing Goodman to asbestos, they will be entitled to full compensation. The compensation obtainable in a FELA case is typically much greater than that obtainable in a standard workers’ compensation case.

Goodman’s estate is claiming at least $250,000 in damages, as well as legal costs.

The Mass Transit Authority (MTA) announced that it will not make additional concessions to an offer that was rejected by transit workers on the morning of August 8, 2008 following an overnight bargaining session.  The contract proposal offered a nine percent raise over three years, but seeks to increase the retirement age for new hires from 55 to 65.  Officials from the Transport Workers Union (TWU) rejected the offer and imposed the threat of an eminent strike.

The union is seeking a higher raise in wages, a lower retirement age, and maternity leave.  In addition, the TWA is pushing for a 20-year pension that has no age limits due to the serious health concerns that work conditions pose to employees in the transit industry, one of the biggest being the elevated risk of asbestos exposure.

Asbestos is a naturally occurring mineral that was once considered a “miracle material” due to its durability and versatility, as well as its fire-retardant and friction-resistant qualities.  Before the discovery of it’s more hazardous properties, asbestos seemed a very useful and effective insulator and was utilized in countless homes, schools, ships, appliances and products.

Asbestos is still especially present in the automotive and transport industries where, even today, it is incorporated into the production of subways, railroads and brake pads.  When asbestos-containing materials are disturbed or damaged, they release a dust filled with microscopic asbestos fibers into the air.  Breathing in asbestos dust can lead to asbestosis, lung cancer and mesothelioma.

Individuals who have been exposed to asbestos may not develop any related diseases until 15-40 years after their initial exposure.  As a result, it could be decades before a person discovers the extent of damage to their health caused while working on jobsites throughout their transport industry careers.  Individuals affected by mesothelioma develop malignant cells within the mesothelium, the protective lining that covers most of the body’s vital internal organs, including the heart, lungs, and abdominal cavity.   Currently, the only proven cause of mesothelioma is exposure to asbestos.

On August 8, 2008, many of New York City’s 7 million commuters woke up wondering whether they’d have to walk to work, but were relieved to find subways and buses still running.  However, hours after announcing that they were pushing back the strike deadline, the TWU said that they would not accept the MTA’s contract proposal and instead would begin a series of small-scale strikes to put pressure on the city if an agreement is not reached by Tuesday.  If the job action proceeds as planned, it will be the city’s first transit strike since 1980.  City officials say a full-fledged transit strike would debilitate the city and cost billions of dollars.  But for many workers, this dispute is not just about money and benefits; it’s also about getting respect from the MTA.

Diagnosing mesothelioma is one of the most pressing problems facing medical researchers and practitioners involved in fighting this aggressive cancer. Fortunately, the results of a new study may help provide medical practitioners with a new method of monitoring the health of those exposed to asbestos, allowing for earlier diagnosis.

The study, titled “Assessment of Biomarkers in Asbestos-Exposed Workers as Indicators of Cancer Risk,” appeared in a June 2008 issue of Mutation Research, and was carried out by several researchers at the Department of Molecular Pathology and Innovative Therapies, Institute of Occupational Medicine, Polytechnic University of Marche in Ancona, Italy.

Mesothelioma is a rare cancer that typically affects the mesothelial lining of the lungs, but can also affect the lining of the heart, abdominal cavity, or testicles. Due to a long latency period and the asymptomatic nature of the disease, mesothelioma is very difficult to diagnose early. By the time noticeable symptoms appear, the cancer has often progressed to a point where mesothelioma treatment is ineffective.

In addition, this cancer is highly resistant to current treatments. For this reason, effective and early diagnosis is a vital aspect of current research.

In an effort to find ways of solving these problems, researchers have examined what are known as “biomarkers” in relation to mesothelioma. Biomarkers are biological “tags” that distinguish mesothelioma cells from normal, healthy cells.

By determining mesothelioma biomarkers, researchers may be able to devise a method of earlier diagnosis. The research is promising and may afford those with mesothelioma a better chance at fighting the cancer.

The researchers of this study examined 119 people with a history of asbestos exposure. The participants were interviewed and their cells were analyzed for specific biomarkers relating to asbestos exposure.

Researchers found several biomarkers, and also discovered the amount of biomarkers present correlated with cumulative asbestos exposure. In essence, participants with more cumulative asbestos exposure exhibited higher levels of biomarkers.

The discovery of these biomarkers means that people who have been exposed to asbestos could be regularly monitored for signs of disease. With advancements such as these, it may soon be possible to diagnose mesothelioma earlier in those with known asbestos exposure.

Marvin Penn, at the age of 71, achieved an important victory on June 27 when he and wife Josephine Penn received a $16.25 million dollar verdict in an asbestos-related lawsuit.

Penn was diagnosed with mesothelioma as a result of asbestos exposure during the 1960s. Between 1963 and 1999, Penn worked as a mail carrier. However, during the 1960s, he considered a career change and attended dental technician school. While in attendance, he was exposed to asbestos while making dental castings. The task involved making wax replicas of teeth, and a type of dental tape which happened to contain asbestos.

The trial, the victory, and the size of the verdict were all uncommon, as it is believed to be the first successful asbestos-related lawsuit to name a defendant that manufactured dental tape.

The jury who heard the case attributed 20 percent of the liability to Kerr Corp, a dental supply company. They were the sole defendant in the trial.

Penn’s attorney said, “The jury believed Mr. Penn and did not believe Kerr’s defense that the product it distributed did not release harmful asbestos dust, and that Kerr could not have known at the time that it was dangerous.”

The three-week trial involved state of the art medical testimony. The jury heard about the products manufactured by Kerr Corp and another dental supply company, Dentsply (formerly Randsom & Randolf). Dentsply, however, settled before the verdict, and the jury attributed 20 percent of the liability in the case to that company.

The jury also heard about other asbestos exposure incidents suffered by Marvin Penn, among them an incident relating to spray-on asbestos coating. Penn testified that he worked at a post office adjacent to the former World Trade Center, and was present while the building was being sprayed with asbestos. The jury attributed 40 percent of the liability in the case to the spray.

Lastly, the jury confirmed Todd Shipyards was 20 percent liable for Marvin Penn’s mesothelioma. Penn’s father worked at the shipyard as a steamfitter, and therefore Penn may have been at risk of secondary asbestos exposure.

The case illustrates not only how intricate asbestos litigation can be, but also the many ways asbestos exposure can occur. Without the assistance of a mesothelioma lawyer, Penn may not have received compensation to cover the immense cost of treating mesothelioma.