Mesothelioma Attorney Blog

Mesothelioma attorneys at Pintas & Mullins report of two recent discoveries in cancer immunotherapy and gene therapy treatments. The first breakthrough comes from the H. Lee Moffitt Cancer Center in Florida, focusing on a drug affecting the immune system. The second was discovered by researchers at South Paris University involving a new drug for mesothelioma patients with inactive NF2 genes.

Preliminary findings on the new drug show that it may decrease the ability for mesothelioma to spread in the body. The NF2 gene produces a protein called merlin, and is inactivated in about half of all mesothelioma patients. The merlin protein negatively regulates another protein, referred to as FAK, which quickens the spread of mesothelioma tumors in the body. When NF2 and merlin are inactive, the tumors are able to become more invasive and spread.

With this new drug, however, NF2 and merlin are re-activated and FAK activity and cancer spread are decreased. Professor Jean-Charles Soria of the Medicine and Medical Oncology department at South Paris University (he is also head of early drug development at the Institut Gustave Roussy in Paris) stated that this new drug may slow or stop the spread of mesothelioma in about 50% of patients.

The drug is currently known as GSK2256098, and has shown success in one patient whose mesothelioma progressed quickly on other treatments. When that patient was administered the FAK-inhibitor therapy, however, their mesothelioma was stabilized, which is suggestive of clinical activity.

Professor Soria and his colleagues are conducting similar trials at nine other health centers around Europe and Australia, recruiting nearly 30 mesothelioma patients in a continuing study. The drug is taken orally in capsule form twice a day, at 1000 mg a day for most patients. So far, 14 mesothelioma patients had stable disease, nine had progressive, and three had non-measurable disease. On average, the patients enjoyed about 17 weeks of stable disease before it progressed.

Fortunately, the side effects were, for the most part, manageable and low-grade. Professor Soria notes that, although these findings are important, they are preliminary. In the coming years researchers will continue to gather and analyze data, initiate larger clinical trials (hopefully extending to the United States) and investigate whether the drug could affect other diseases, such as melanoma and meningioma.

The other mesothelioma treatment showing much promising potential was developed at the Mesothelioma Research and Treatment Program at H. Lee Moffitt Cancer Center in Tampa, FL. These latest drug compounds are known as anti-PD-1 and anti-PD-L1; they are protein agents working to overcome the tumor's ability to evade the body's immune system. Although the drugs were initially created to attack lung cancer tumors, there is great potential for its use in pleural malignant mesothelioma as well.

PD-1 (programmed death) protein and PD-L1 (programmed death ligand) protein allow cancer cells to spread and multiply in the body. Specifically, when the two proteins interact, it prevents immune system cells (T cells) from attacking the cancer cells. Through creating PD-1 and PD-L1 inhibitors, the immune system will be better able to attack and destroy cancer cells.

Continue reading "New Treatment Options for Mesothelioma Patients" »

Mesothelioma lawyers at Pintas & Mullins report that residents of Massachusetts recently gathered outside the State House in Boston to remember the commonwealth's fallen workers. Despite its known cancer-causing properties, asbestos is still legal in the United States, taking the lives of about 3,000 people every year.

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH), along with the Massachusetts ALF-CIO, recently released the annual "Dying for Work in Massachusetts" report, which calls for more rigorous enforcements of OSHA protection measures and penalties for noncompliance. The report, written by MassCOSH executive director Marcy Goldstein-Gelb, emphasized how significantly OSHA is understaffed and underfunded, resulting in fines that are often too little to enact any lasting remedies and too late to save lives.

This year's "Dying for Work" report details the disparity between doled-out OSHA violations and the actual imposing of punishments for them. Among the most dangerous of these violations include the failure to locate and remove asbestos from buildings under construction. Asbestos was used widely, and abundantly in Massachusetts, between the 1930s to the 1970s, when it was officially linked to mesothelioma, a devastating and almost always fatal type of cancer. By the 1980s, asbestos was banned in almost all building-related applications in the U.S., although we continue to import it by the tons.

The removal and abatement of asbestos, however, is not required by Massachusetts law, despite its presence in nearly all infrastructures constructed in the four decades before it was banned. Massachusetts is one of the few states without abatement and removal laws, which is surprising - or perhaps, indicative - considering mesothelioma rates are substantially higher in this state than the national average. This disproportionate rate is the result of a number of confounding factors, including the state's large number of high-risk industry jobs, such as in shipbuilding and repair, and the state's failure to regulate, notice, or punish asbestos infractions.

Occupational mesothelioma fatality rates are expected to rise at least until 2016. This is due to the extended latency period associated with asbestos diseases, which also include lung cancer and asbestosis. After initial exposure to airborne asbestos, which may go completely unnoticed depending on the situation, diseases can take anywhere between 20 and 50 years to develop in the body.

Among its requests, the report asks for extensions on the 30-day limit for employees to file for whistleblower protection when reporting jobsite hazards (such as the presence of asbestos). To help heighten protection measures, the report is also calling for more bilingual OSHA investigators.

In most other states, employers and contractors who violate asbestos standards face criminal prosecution. Currently in Massachusetts, public employees are exempt from federal OSHA laws, leaving much potential for abuse. In response, advocates are urging legislators to pass a bill that would apply all OSHA regulations to public employees, along with state enforcement requiring temporary workers to get written reports of their job assignments.

Continue reading "Massachusetts Residents Call for Asbestos Ban" »

Asbestos exposure attorneys at Pintas & Mullins report that officials at the University of Rochester Medical Center's Strong Hospital recently informed patients that they may have been exposed to airborne asbestos during recent renovations.

Only after a local news station reported on the possible exposure did the hospital acknowledge it, ultimately sending a letter to recent hospital patients. The letter detailed the potential presence of airborne asbestos in the hospital during its most recent renovations. It was sent by medical director Raymond Mayewski, and was dated the same day as the news story.

The letter states that any patients present at the hospital during the renovations on the rehab unit may have been minimally exposed to asbestos. This was discovered when the carcinogen was found on the drywall and other surfaces in a nearby area. One report affirms that the amount of asbestos in building material testing as high as 12%.

The hospital apologized to its patients and informed them that its asbestos protocols will be improved. Strong Hospital was forced to indefinitely shut down all construction after the contamination was discovered, as OSHA and the New York State Department of Labor investigated the possibility of worker and patient exposure.

There are five forms of asbestos, two of which were detected at the construction site: chrysotile and anthophyllite, which were discovered in drywall, spackle, cement, caulk, and fire-proof materials. Fortunately, only chrysotile asbestos was disturbed during the renovations - anthophyllite is significantly more carcinogenic in humans because of its shape.

The construction workers at the site are reportedly extremely concerned about their health and safety, as the construction industry is riddled with former employees now suffering from mesothelioma, asbestosis, and lung cancer, all direct consequences of asbestos exposure. Federal and state laws require any project involving demolition of older facilities to first test for asbestos. This, clearly, was not done at Strong Hospital, which instead relied heavily on historical records and assumptions about which materials contained asbestos.

The hospital determined the drywall was safe, however, as workers tore it out they notified safety officials of an unfamiliar material coating the joints and duct work. The material tested positive for asbestos. Other materials that had already been torn out also tested positive. Hospital officials had a meeting with the construction workers just after the positive tests were released, during which they admitted their historical records were inaccurate.

In response, Strong was forced to shut down renovation operations in the Blood and Bone Marrow Wing, the Inpatient Rehab area, and the Wilmot Cancer Center expansion, which are all now being re-tested for asbestos. Strong affirmed that the only way patients, visitors and hospital staff could have been exposed to asbestos is if construction workers tracked dust through common areas. They did admit that there was a small possibility that anyone present during the time of construction in the hospital could have been exposed.

In related news, Yarway Corporation, a subsidiary of Tyco International, recently sought bankruptcy protection in response to thousands of asbestos liability claims it is now facing. The claims stem from exposure to asbestos from the company's gaskets and packing manufactured starting in the 1920s and ending in the 1970s.

Continue reading "New York Hospital Exposed Patients, Workers to Asbestos" »

Mesothelioma lawyers at Pintas & Mullins highlight a new peer-reviewed study recently published in PLOS ONE. Researchers aimed to find a new and efficient noninvasive surveillance tool to help catch mesothelioma in its earliest stages.

Researchers conducted the case-controlled studies in numerous health care centers, collecting serum from 117 patients with malignant pleural mesothelioma and 142 asbestos-exposed individuals without mesothelioma. They discovered and later validated a SOMAmer (Slow Off-rate Modified Aptamers) biomarker panel, which simultaneously measures more than 1,000 different proteins in patient serum samples. Using this new technology, researchers discovered 64 new candidate protein biomarkers for mesothelioma detection.

Those diagnosed with mesothelioma, of which there are about 3,000 per year in the United States, are typically given less than a year to live. This extraordinarily poor prognosis is due to the cancer's insidious nature, as it takes 20 to 50 years to develop and is often the result of occupational exposure to asbestos, which is not always evident as it is occurring. Diagnosis is also difficult because it depends on invasive sampling and imaging procedures that are expensive and expose patients to much radiation.

There are a few blood-based biomarkers physicians use for diagnosis, such as mesothelin and osteopontin, however, mesothelin has a low sensitivity for early disease detection (32%). Similarly, osteopontin is largely instable and leads to inconsistent results. Thus, there is still an immense need for a highly specific and noninvasive test for early detection.

Once biomarkers were identified, targeted panels for diagnosis methods can be assembled using the SOMAmers, which have chemical and thermal stability properties similar to DNA. SOMAmers usually bind to large portions of their protein target and have a high sensitivity.

In analysis, the patient's serum samples were analyzed using SOMAmers that specifically bind to protein targets that would indicate the presence of mesothelioma. Candidate biomarkers were ranked, and thirteen proteins were used to construct a random classifier. Researchers analyzed a total of 259 serum samples, and analysis yielded a set of 64 unique biomarkers.

Overall, Stage I mesotheliomas were detected with 77% accuracy, Stage II with 93%, Stage III with 96%, and Stage IV with 96% accuracy. Mesothelioma is potentially curable in Stages I and II, which had an average correct detection rate of 88%, which demonstrates that the classifiers can identify the large majority of mesothelioma patients who are most likely to be successfully treated.

The ability of the SOMAmers to identify mesothelioma was not compromised by chemotherapy prior to the blood draw; for example, ten patients received chemotherapy before their samples were taken and eight of them were correctly identified as having mesothelioma. Among the 259 samples tested, there were only eight false negatives.

Continue reading "Noninvasive Test for Early Mesothelioma Detection Introduced" »

Asbestos exposure attorneys at Pintas & Mullins highlight a recent article by the Chicago Tribune about North Shore School District 112, which was fined two years ago for violating asbestos removal standards. One teacher, Steve Bartel, is asking the district to come clean about the multiple violations that have taken place.

The asbestos removal projects at Elm Place, Indian Trail, and Sherwood schools were enacted in 2007, but required to stop the same year when the Illinois Department of Public Health discovered multiple violations. Although work was permitted to resume a month later, Bartel is concerned that asbestos removal work in other schools, such Lincoln, where he works, was not handled properly. Asbestos removal work was conducted in 2006, one year before the violations were discovered in the other schools.

The district has remained publicly and privately silent about the violations, saying only that they are not concerned anyone's health was put at risk. A district spokesperson stated that the violations that took place in 2007 were the result of the inadequacies of a subcontractor that was not hired for the 2006 work. District 112 ultimately paid $10,000 in fines after being found guilty of 12 separate counts of EPA air and asbestos violations. Six schools in total were affected: Elm Place, Green Bay, Indian Trail, Lincoln, Red Oak, and Sherwood. The district spent more than $50,000 on the asbestos removal efforts.

As part of the settlement with the state's Department of Public Health, the district was ordered to file an annual report with the agency detailing its asbestos training record-keeping and management plans, among other matters.

Bartel has been a teacher for 25 years, 20 of which spent at District 112. He has been questioning this incident for years, pressing officials to identify those who may have been exposed. He states he has been met only with resistance and indifference, never truly getting any answers. In March 2013, he finally went before the school board. His appearance was driven by years of unanswered Freedom of Information Act requests, emails, and phone calls. He said his persistence has been met with threats, harsh words, and illegitimate criticisms over his classroom conduct - eventually culminating in a reprimand letter in his personal file.

Asbestos is a known human carcinogen, associated directly with serious and fatal diseases such as asbestosis, lung cancer, and mesothelioma, which is cancer of the lining of the lungs, heart, or abdomen. Exposure to asbestos is significantly more lethal in children, because the associated diseases typically take between 20 and 50 years to manifest.

The dangers of asbestos were not publically known until the late 1970s, when it was banned by the United States. It is a fiber-like material, mined from the earth and was used in an array of applications, most extensively in construction, automotive, and shipbuilding industries. It has immense insulating and fire-proofing properties, which is why it was used in abundance in building materials throughout the country in homes, schools, military bases, and commercial buildings before its banning.

Continue reading "North Shore Teacher Questions School District about Asbestos Removal " »

Mesothelioma lawyers at Pintas & Mullins report that a doctor at the University of Arizona Medical Center recently performed the first-and second-ever robot-assisted extrapleural pneumonectomy on two mesothelioma patients. The doctor used the new da Vinci Surgical System, a controversial new technology in the highly complex procedures.

An extrapleural pneumonectomy (EPP) is one of two main resection surgeries available to those with mesothelioma. EPP is the more invasive procedure, removing one entire lung, lining of the lung, diaphrahm, and pericardium siding (sac surrounding the heart). The diaphragm and pericardium are reconstructed after surgery with artificial patching. The other popular mesothelioma surgery, pleurectomy/decortications (P/D), is significantly less aggressive, removing as much of the tumor as possible to enable re-expansion of the lung and relieve pain. Operative mortality from P/D is less than 2%, while that from EPP ranges from 6 to 30%.

The patients in this case underwent EPP because their mesothelioma was significantly advanced and widespread. One of those patients, Carlos Tarazon, was almost without hope after his initial diagnosis. Because of the nature of the disease, mesothelioma is often not detected until its latest stages, when it is unable to be treated with traditional cancer therapies and very few treatment options remain. For many, surgical resection procedures are the last chance at survival.

Tarazon had a long career in construction, which is the occupation most at risk for asbestos exposure. Upon his diagnosis, he and his family sought the help of Dr. Farid Gharagozloo, who heads the U of A Health Network Thoracic Oncology Program. Though the procedure is dangerous, Tarazon saw it as an option for life.

Dr. Gharagozloo chose to perform the surgery with the da Vinci robotic system because of its perceived benefits: reduced blood loss, shortened hospital stays, lower risks of infection, and reduced mortality rates. Tarazon's procedure was performed in early January 2013. Today, he can be found at home, enjoying his family and friends and planning a fall hunting trip.

Indeed, the underlying philosophy of the da Vinci system is impressive: tiny incisions are made just big enough for surgical tools to fit, as surgeons sitting a few feet away operate the four-armed robot by using a high-powered camera, joysticks, and foot pedals. There are problems with the system, however, including that there are no national tests ensuring surgeons are proficient before they can use the robot. Dr. Gharagozloo did an outstanding job with this procedure, however, he may be among the minority.

To date, at least a dozen da Vinci robotic surgery lawsuits have been filed in the U.S. The first trial actually began this week, on Monday, April 13 2013. Plaintiffs in this case - the family of a man who died from a botched da Vinci surgery - are alleging that the robot's manufacturer, Intuitive Solutions, failed to provide doctors with adequate training.

In 2011 alone, more than 250,000 hysterectomies and prostate removal surgeries were performed using he da Vinci system. Despite this, very few studies have been conducted measuring the actual effectiveness of the robotic systems versus traditional procedures. Numerous medical institutions, including the Kaiser Foundation and the American College of Obstetricians and Gynecologists, have challenged whether the benefits really outweigh the risks.

Continue reading "First Mesothelioma Patient Undergoes Robot-Assisted Surgery" »

Mesothelioma attorneys at Pintas & Mullins highlight an extensive study recently conducted by the University of Minnesota that studied the significant ailing of mesothelioma in Iron Range taconite workers. In 2007 it was made public that mesothelioma was striking these miners at twice the average rates, and the new study attempted to find the sources behind this surge.

The northeast region of Minnesota on the banks of Lake Superior is often referred to as the Iron Range. The mining of iron in this 110-mile belt began in the late 19th century and continues to this day, as miners labor extracting taconite from the large iron deposits. Mining is never a healthy occupation, although the surge of mesothelioma occurrence among these workers has left many unanswered questions in the iron range community. This new study, conducted by the U of M's School of Public Health with a budget of nearly $5 million, is a historic opportunity to get to the bottom of the mysterious health issues in these taconite workers.

The study aims to answer three questions: first, what the relationship is between working in the taconite industry and excess cases of mesothelioma, second, if there are any other diseases associated with this type of work, and lastly, whether or not the spouses of taconite workers are at an increased risk of respiratory diseases.

To answer these questions, the researchers designed five separate study focuses: an occupational exposure assessment, mortality study, incident studies, respiratory health survey of workers and spouses, and environmental study of airborne particles. The five-year study is significant because the taconite mining industry is still very much alive and thriving, adding to the Minnesota economy by the billions every year. Almost half of the residents of Silver Bay are employed at the city's mining operation center.

The Minnesota Department of Public Health links 115 deaths to mesothelioma on the range in the last 12 years, 43 of those in the past three years. Results from the U of M study found the rate of mesothelioma on the range is indeed 300 times greater than the rest of Minnesota.

One man, Bill Stodola of Hoyt Lakes, is a retired railway repairman, working for 32 years at a mine in town. He is now a member of the steel workers union, and was recently diagnosed with mesothelioma and asbestosis. Stodola's friend and former co-worker told Kare 11 News that he knows of at least 60 retired workers who currently have mesothelioma, and at least two dozen others who have already died from it.

In their most recent update, the U of M researchers affirmed that they found a confirmed association between time working in the taconite industry and the risk of developing mesothelioma. Their findings showed that for every year worked in the taconite industry, the risk of mesothelioma went up about 3%. For example, Bill Stodola had a 96% increased risk of developing mesothelioma as a result of working in the mines for over 30 years.

This is because taconite, along with other fibers present in the dust of taconite operations, is considered an elongated mineral particle (EMP). Asbestos, the main causative factor in mesothelioma and asbestos, among other diseases, is also an EMP.

Continue reading "Minnesota Taconite Workers Mesothelioma Study " »

Asbestos exposure attorneys at Pintas & Mullins report that, during the National Asbestos Awareness Week, the U.S. Surgeon General released a statement emphasizing the dangers of asbestos exposure. At the same time, however, two contracting companies on Chicago's North Side were improperly demolishing a high-rise, resulting in the release of the harmful mineral.

The Illinois Environmental Protection Agency (IEPA) sought a court order to stop the contractors, Dubai Construction and Zidan Management Group, from any further asbestos release. The nine-story building was built in 1923, when the use of asbestos was widespread and abundant, particularly in areas like Chicago that experienced rapid growth. The name and address of the building was not disclosed, however, it was reported that it formerly housed a mental institution and later a hotel.

The IEPA is also seeking action by the state's Attorney General, Lisa Madigan, who would be able to grant an injunction. The improper demolition was discovered by the IEPA and Chicago inspectors while visiting the job site. It was discovered that the contractors were not following federal or state laws of asbestos-handling procedures. Inspectors tested the levels of asbestos in the building and determined it to be unsafe. Officials also noted that the two companies failed to notify the proper agencies of the renovation and failed to check for asbestos at all before work began.

The IEPA is currently in the midst of hiring a licensed abatement company and contractor to develop plans to address the contamination. As stated, this occurred during the same week that the U.S. Surgeon General, Dr. Regina Benjamin, issued a statement of the realities of asbestos exposure.

In her statement, Dr. Benjamin urged all Americans to educate themselves on the dangers of this carcinogenic, even specifically highlighting its prevalence in construction materials. She went on to explain the public health concerns associated with its inhalation, which occurs when the material becomes airborne.

If a building that houses asbestos-containing materials is demolished, those asbestos fibers will float into the air, posing a risk to all citizens in that surrounding area. Inhalation of these fibers is associated with numerous diseases, including lung cancer, mesothelioma (cancer of the lining of the lungs, chest, or abdomen) and asbestosis, which is a chronic and life-changing lung disease.

Anyone who disturbs asbestos is at risk of developing these diseases. Dr. Benjamin emphasized certain groups that are of particularly higher risk: construction, insulation, and demolition workers, boilermakers, pipefitters, and others working in old buildings. The risks are also significantly higher for handymen, community volunteers, and first-responders.

The silver lining is that asbestos exposure is largely preventable. Dr. Benjamin highlighted the federally-released Advancing Health Housing - A Strategy for Action, which demonstrates the association between resident health and housing conditions. The report also promotes the most cost-effective ways to reduce in-home health hazards.

As with any carcinogen, the greater the exposure to asbestos, the more likely the exposed person has of developing a related illness. It may come as a surprise to learn that the United States is still importing asbestos into the country by the tons. In fact, Louisiana has the highest number of manufacturers that produce, process or use asbestos, with eight. This poses a large risk not only to those workers but to the consumers who are, often unknowingly, coming into to contact with the substance.

Continue reading "Surgeon General Warns of Asbestos Dangers while Chicago Contractors Cause Exposure" »

Mesothelioma lawyers announce that researchers at NYU recently developed a biosensor and method to detect pleural mesothelioma. A protein referred to as HAPLN1 is significantly over-expressed in mesothelioma patients, and scientists recently discovered new ways to detect this protein in the blood serum of high-risk patients.

Mesothelioma, more than almost any other type of cancer, is resistant to and unaffected by traditional cancer treatments. Survival rates and therapy possibilities significantly increase when the disease is detected in its early states, although, because mesothelioma takes decades to develop, and often manifests through insidious symptoms, the cancer is not typically diagnosed until its third or fourth stage. This contributes in no small part to the cancer's extraordinarily low prognosis - mesothelioma patients are expected to live no longer than one year after their initial diagnosis.

Researchers detected HAPLN1 using an electrochemical surface-imprinting method, and initially optimized the method using Bovine serum albumin (BSA). This is a protein derived from cows, which NYU scientists used as a model to mimic the conditions required to imprint the HAPLN1.

HAPLN1 is a specific kind of protein that presents a target for disease monitoring and reflection. If changes in HAPLN1 can be detected, such as any over-expression, it could lead doctors to test for mesothelioma before any symptoms even begin to manifest in patients.

Current biomarkers for early mesothelioma detection include mesothelin and soluble mesothelin related peptide. HAPLN1 is a cartilage link protein, and is known to be over-expressed even in stage one mesothelioma, along with the biomarker osteopontin (OPN1), which is located in the same gene set as HAPLN1. There is a significant need for the development of cost effective methods for biomarker detection in patient serum and tissues, as the methods currently on market (called ELISA tests) are extremely time consuming and expensive, limiting the scope of which they can be used.

The new technologies are able to detect the boilermakers in very low concentrations, which is crucial in catching the disease early and consequently for saving that patient's life. ELISA tests for HAPLN1 would cost about $10 a kit, while an imprinted sensor chip, such as the one used by these researchers, would cost only about $1.20 per kit, and can be used for more than one assay.

The imprinted sensor chip, also called an electrode, does not require any expensive technology for biomarker synthesis. Researchers used a specific binding approach to imprint to HAPLN1 biomarker that was developed by Gunter Wulff in 1972. They then tested the specificity of the imprints by proving that a smaller protein does not bind to them.

During the study, 20 micrograms of HAPLN1 protein was dissolved in a clean glass container in de-ionized water. Three gold electrodes were then dipped into the solution for 12 hours and then rinsed thoroughly. Three of these electrodes were studied to verify the response after detection. Two experiments showed a drastic change in the disease potential at very low HAPLN1 concentrations. Researchers used BSA samples as a control, because it is about the same size as HAPLN1. The experiment was then conducted on samples with HAPLN1-spiked serum. The imprinted electrodes in the serum had a remarkable potential HAPLN1 concentration.

Continue reading "New Biosensor to Detect Mesothelioma " »

Asbestos exposure attorneys at Pintas & Mullins announce that April 1st through the 7th is now recognized as National Asbestos Awareness Week. The legislation was introduced by Montana Senator Max Baucus (D), along with his cosponsors, and was passed unanimously through the Senate.

Senator Baucus was also instrumental in urging the EPA to announce its first-ever public health emergency stemming from the catastrophe in Libby, Montana. Perhaps the most well-known asbestos site in the United States, vermiculite ore contaminated with asbestos was mined near Libby from 1920 to 1990.

The mines were last owned by Western Minerals/W.R. Grace, which regularly shipped the asbestos-contaminated vermiculite ore throughout the country to be used in hundreds of products. The Libby vermiculite contained a specific kind of asbestos, tremolite, which is significantly more carcinogenic than any other type. As a result, the mortality rate from asbestosis alone was about 60 times higher in Libby than the rest of the United States.

Further aggravating the issue was that, in the course of the asbestos exposure lawsuits, it was revealed that Western Minerals/W.R. Grace had a plethora of internal documents detailing that executives knew about the contaminated vermiculite for decades, never once mentioning the potential dangers to workers or consumers. Nearly 300 people have died from the exposure so far in the tiny Montana town.

This week is intended to raise and spread awareness of asbestos and help prevent and ultimately cure asbestos-related diseases. It involves collaboration among national asbestos organizations, medical professionals, and international experts. Senator Tester, who also sponsored the resolution, stated that the week is also intended to prevent similar tragedies from occurring. Dozens of countries still allow the mining, processing, and exportation of asbestos, including Canada, Russia, and India.

Troublingly, the United States still imports asbestos, in the amount of about 13.2 million pounds each year. There continues to be extensive sales and production in South and Central America, Asia, and Africa, as these counties have such high demand for inexpensive building materials.

Many Americans, particularly the baby boomers, may remember encountering asbestos as children and young adults. It was prevalent in nearly every home, school, and military base throughout the country until the late 1970s, when it was established as a human carcinogen. The same children who were allowed to play with mercury as children were also at risk of asbestos exposure, because its carcinogenic nature was not yet publically confirmed. Many Americans may remember encountering a white fiber-like substance in their homes or schools, and may even remember touching it or being in its vicinity for extended periods of time. This substance was asbestos, which was commonly found around piping, fireproofing, roofing, and insulation materials.

At the peak of its demand in the 1960s, asbestos was used in about 3,000 applications. As illuminated by the internal documents at W.R. Grace, it is now known that these companies knew about the dangers of asbestos as early as the 1920s. This was the smoking gun in asbestos-related lawsuits, and since the 1980s, Americans victimized by these companies have sought justice for their suffering. There are 44 active trusts that are currently paying claims to victims.

Today, Louisiana has the highest amount of facilities that produce, process, or use asbestos, with eight. Although US consumption has been declining for more than two decades, the incidence of mesothelioma and other asbestos-related illnesses is increasing. This is because asbestos fibers, becoming lodged in workers' lungs and internal organs, take about 20 to 50 years to develop into a disease.

Continue reading "First Week of April is National Asbestos Awareness Week " »

Mesothelioma lawyers at Pintas & Mullins announce that, over this past weekend of March 22, 2013, the Asbestos Disease Awareness Organization (ADAO) held its ninth annual conference in Washington D.C. The conference was entitled "The Asbestos Crisis: New Trends in Prevention and Treatment," bringing together asbestos experts, physicians, patients, caregivers, and international advocates.

The three-day event included a powerful panel of speakers and variety of group discussions and seminars, all centering on four central topics: asbestos advocacy, medical advancements, and the further prevention and worldwide ban on asbestos.

The ADAO was founded by Linda Reinstein in 2004 when her husband was diagnosed with mesothelioma. Her husband eventually lost the battle to cancer, and Linda channeled her grief into advocating for all victims of asbestos exposure. The conference allows many of these victims to share their stories, meet with others who have been down a similar path, and gain knowledge about the most recent medical advancements, treatments, and prevention methods. Due to the effects of Hurricane Sandy on public health, Linda added an additional topic to the weekend's itinerary, which was to discuss the dangers associated with natural disasters and the release of toxic substances.

The ADAO is now the largest independent asbestos organization in the country, advocating on behalf of asbestos victims around the world. Among guests present at this year's conference included the Senior Medical Advisor to the U.S. Department of Health and Human Services, Capt. Aubrey Miller. Another speaker, Karen Banton, is the widow of late asbestos advocate Bernie Banton, and is CEO of the Bernie Banton Foundation, which offers support, information, hope, and encouragement to those suffering from an asbestos-related disease and their families.

Of major importance not only at the conference but to industries all over the world, was the controversy surrounding the use of chrysotile asbestos. Often referred to as 'white' asbestos, chrysotile is not yet included in the United Nations' List of Hazardous Substances, although the other fiber-forms of asbestos are. This lack of inclusion is due in no small part to influential lobbying groups active in countries around the globe, who are arguing that chrysotile is less dangerous than the other fiber-forms in the interest of large corporations.

This argument was sparked and is supported exclusively by parties with major interest in keeping asbestos mining, production, and exportation a global commodity. Today, over 50 countries have passed a collective ban on asbestos - including chyrsotile - because of the health epidemic the substance has created.

This issue was illuminated at the ADAO conference by Dr. Arthur L. Frank, who is the chairman of occupational and environmental health at Drextel University. His speech was entitled "ASIA: Diagnosing and Treating Asbestos-Related Disease." Most recently, Dr. Frank aided Israeli officials with the cleanup and disposal of asbestos throughout the nation. He has traveled extensively across India and Southeast Asia, where asbestos exposure is widespread.

Particularly in China and India, the use of chrysotile asbestos is unchecked and rampant. Because of this, by 2030, Dr. Frank and other experts project there to be a catastrophic spike in mesothelioma and other asbestos-related illnesses, such as asbestosis and pulmonary lung disease. Other countries projected to share this spike in illness are Russia, Brazil, and other developing counties in Southeast Asia.

Continue reading "Ninth Annual Asbestos Disease Awareness Conference " »

Asbestos attorneys at Pintas & Mullins highlight the extreme risk posed to those involved in the oil industry, particularly drilling rig workers and mud engineers. Since the 1960s, asbestos has been added to drilling mud in onshore and offshore oil well operations, causing many workers to develop such life-threatening disease as mesothelioma, asbestosis, and pulmonary lung disease.

Asbestos was banned by the U.S. government in the 1970s, however, offshore oil companies considered themselves exempt from these laws, and continued to add asbestos into oil drilling mud until at least 1989. Because of its resistance to heart and degeneration, asbestos was used to help cool the drill bits and wash out debris from well holes during drilling. Additionally, due to its bonding capabilities, pure asbestos fibers were also used as an additive in drilling mud.

As a result, many drilling mud engineers and rig workers were exposed to asbestos, unaware of its presence and dangers to their health. Asbestos-containing drilling mud was used abundantly, particularly in Louisiana, Oklahoma, New Mexico, Texas, and North and South Dakota. In addition to the oil drilling mud exposure, asbestos-containing materials were often used to insulate the clothing of oil workers because of the extreme fire danger associated with oil field work. If this protective gear wore out or was torn, asbestos could release into the air and expose anyone who was in contact with it, including family members.

Asbestos-related diseases take an extended amount of time to develop, typically between 20 and 50 years. Because of this, many oil workers are only now realizing the fatal consequences of their exposure, and subsequently filing asbestos drilling mud lawsuits across the country.

What is so devastating about these cases is that most workers had no idea they were being exposed to a toxic chemical, although the oil companies were well informed of the potentially fatal risks. Many workers can recall mixing a flakey white substance from a 50-pound bag into the drilling mud as part of their jobs, never being told to use any respiratory safety equipment. Even more troubling is that many of these workers' clothing was contaminated with asbestos, and exposed their wives and families to the substance when they came home from work.

Most of these 50-pound bags of asbestos drilling mud brands were sold by two brands: Visbestos and Flosal. Both companies were sold and joined other companies throughout the 60s, 70s and 80s, and both have been named as a defendant in numerous asbestos exposure lawsuits, and filed for bankruptcy protection in 2003. Although many of the original asbestos manufacturers were bought out, the liabilities and claims against those companies then transferred to the new company. Thus, lawsuits can still be brought against the numerous asbestos manufacturers, distributers, and sellers. Lawsuits may also be filed against offshore employers via maritime laws and the Jones Act.

Under the Jones Act, workers on offshore oil platforms and other maritime vessels can file an asbestos lawsuit directly against their employer, rather than having to file against the manufacturers or distributers. The Jones Act applies only to those employees who worked offshore or on drilling barges in water.

Continue reading "Drilling Rig Workers and Engineers at Risk of Asbestos Exposure " »

Mesothelioma lawyers at Pintas & Mullins highlight a recent study conducted by French researchers, which found that two types of common mineral fibers may increase the risk of mesothelioma. The two fibers, mineral wool and silica, are used abundantly in many of the same industries that used asbestos.

Previously, asbestos was the only known cause of mesothelioma, a cancer that develops in the mesothelial lining of the lungs, chest, heart, or abdomen. In their study, the French researchers aimed to determine if occupational co-exposure to asbestos, along with other fibers and particles, could modify the carcinogenic nature of asbestos. Specifically, they wanted to estimate the association between pleural mesothelioma, which is cancer of the lining surrounding the lungs and/or chest, and exposure to mineral wool and silica through occupation.

They studied nearly 2,000 males occupationally exposed to the three minerals compared with more than 2,300 controls. Comprehensive job histories and consequent exposure were collected through three French job exposure matrices.

Mineral wool is commonly used in the construction industry, as asbestos was, in piping, insulation, and marine applications. It is incredibly versatile, and is produced at high temperatures using granite, slag, and other materials. It does not burn or rot, and does not absorb moisture or odors, so is often used to make such products as asphalt and ceiling tiles.

Silica is another industrial matter, found organically from the earth's crust. It is used globally every day, in an array of settings, such as construction, mining, maritime, agriculture, and manufacturing. Some occupations that involve drilling, cutting, sawing, or crushing of silica products can result in the inhalation of silica particles. According to the Occupational Safety & Health Administration, this inhalation can lead to the development of debilitating and even fatal lung diseases. Among these include silicosis, lung cancer, and now, potentially, mesothelioma.

Occupations and industries previously associated with disabling silica exposure include sandblasting, mining, tunneling, cement cutting and demolition, masonry work, and granite cutting. Exposure has also been linked to other respiratory diseases, including emphysema and bronchitis, and certain kidney and immune system disorders. Measures to control silica exposure in American workplaces include engineering controls, administrative actions, exhaust ventilation, and containment methods. These control methods are required by law at all places of work that pose a risk of silica exposure throughout the country.

The study, which was published in the American Journal of Respiratory and Critical Care Medicine, found a significant association between mesothelioma and mineral wool exposure after adjusting for possible asbestos exposure. The estimated odds ratio for silica exposure by itself were insignificant, however, co-exposure to asbestos and silica did increase the risk of mesothelioma, compared to the risk in those exposed to asbestos alone.

Researchers concluded that there is an increased risk of pleural mesothelioma in those workers exposed to asbestos and mineral wool or asbestos and silica. Asbestos is known to cause mesothelioma and other illnesses by aggregation and chronic irritation of the mesothelial lining. Inhaling other fibers, such as silica or mineral wool, compounds this aggravating effect, perhaps leading to an increased susceptibility to disease development.

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Mesothelioma lawyers at Pintas & Mullins report of a March 2013 verdict in favor of the family of an asbestos worker victimized by to mesothelioma. The New York Supreme Court jury found that Ivo John Peraica's fatal mesothelioma diagnosis was caused directly by exposure to asbestos, and held Crane Company liable for his death.

Crane Company, which is based in Stamford, Connecticut, is an industrial products manufacturer with net sales of nearly $3 billion in 2012. Ivo John Peraica and his family immigrated to New York from Croatia in 1978, and he almost immediately started working at Crane Co., where he remained for eight years.

Over those eight years, Peraica became a member of the Local 12 Heat and Frost Insulators Union. The building and construction industries used asbestos fibers as insulators for many years because of its significant resistance to heat and fire. It was not until the late 1980s - after Peraica stopped working for Crane - that the EPA banned new use of asbestos. As part of his daily job responsibilities, Peraica was expected to strip asbestos insulation from pipes, boilers, pumps, and other industrial equipment.

He stopped working for Crane in 1986. Mesothelioma, an incurable cancer caused only by exposure to asbestos, takes roughly between 20 and 50 years to develop. Peraica was diagnosed with mesothelioma in 2012, and died of the disease on December 28th of that year.

Before his passing, Peraica provided about four days worth of deposition testimony that was read into evidence. Because the average expected survival time for mesothelioma patients is less than one year, pre-recorded testimony of this kind is not uncommon. Many victims of mesothelioma are aware that they were exposed to the dangerous substance occupationally, and seek a mesothelioma lawsuit after they are diagnosed. Unfortunately, because of the severity of the disease, many victims are not able to survive to the end of the trial.

What is perhaps most troubling about this case is that Crane Co. admitted in court to knowing about the dangers of asbestos exposure since as far back as the 1930s. Even with this knowledge, the company contracted unknowing employees like Peraica to work, every day, in close proximity to the toxic substance. On top of this, the company also failed to provide any warnings to Peraica about the potential dangers of his work. It is important to note that mesothelioma is very much preventable, but impossible to cure.

If companies like Crane Co. simply provided warnings to their workers about the risks to their health, workers could adequately guard themselves with respirators and other protective gear. This would prevent tragedies and premature deaths such as this from ever happening.

Peraica is survived by his wife and three daughters, one of whom testified at the trial about her father's pain and suffering while struggling with mesothelioma. Crane Co. attempted to argue that several other companies, and even Peraica himself, were actually to blame for the asbestos exposure. The jury, however, ultimately decided that Crane Co. acted with reckless disregard for its workers and consumer safety by failing to adequately protect against a known toxic substance

Continue reading "$35 Million Award for Asbestos Removal Worker " »

Mesothelioma lawyers at Pintas & Mullins report of a new blood test developed by NYU Langone Medical Center that may detect mesothelioma in its earliest stages. This is a critical development, as the average mesothelioma patient is given less than a year to live, which is often the result of late detection.

The cancer is so difficult to detect because of the length of time it takes to develop in the body - anywhere between 20 and 50 years. Symptoms of mesothelioma are often insidious as well, and may be mistaken for other, less serious ailments, like hay fever or pneumonia. Also contributing to the lack of early detection is the cause of mesothelioma itself: exposure to asbestos. Unfortunately, asbestos exposure goes largely unnoticed, as the fibers are invisible to the naked eye, odorless, and tasteless.

The blood test was developed by Dr. Harvey Pass and his team at NYU, and the results were recently published in the New England Journal of Medicine. It involves both blood and lung fluid testing, and targets a specific protein that is present in plasma when mesothelioma is present. The protein is known as fibulin-3, and it is present in mesothelioma patients four to five times higher than in those without the illness.

Fibulin-3 is a known biomarker for mesothelioma detection, and has been the subject of numerous mesothelioma treatment methods in recent years. The protein floats around blood plasma and coats cells, and is not present in healthy people. NYU researchers identified two separate groups with known occupational exposure to asbestos: iron workers from Detroit, and insulators from New York. Both groups included patients with mesothelioma, patients who were exposed to asbestos but have not developed cancer, and patients with lung fluid build-up. The tests were conducted blindly, meaning that the doctors did not know which patients had which ailments.

The study found that fibulin-3 plasma and lung fluid levels were significantly higher when mesothelioma was present. Researchers determined that measuring fibulin-3 levels correctly identified stage one or two mesothelioma in 15 out of 19 cases, and correctly identified those not having cancer in more than 95% of cases. The tests also determined which patients had mesothelioma and which ones had different kinds of chest-tumor cancers.

Nearly ten years ago, Dr. Pass identified another potential biomarker for mesothelioma, called osteopontin. This biomarker, while promising, was not as specific as fibulin-3 in determining if someone has an early stage of mesothelioma.

The NYU study still needs to be peer-evaluated and validated, and Dr. Pass expresses great need to conduct clinical trials in those who were exposed to asbestos but do not have mesothelioma. These tests will better and more solidly determine if fibulin-3 can identify increased risk for asbestos-related cancers.

The study was presented at the 2011 Annual Meeting of the American Association for Cancer Research, and was met with great interest. Cancer doctors, researchers and experts confirmed that a screening test like this shows much promise, however, patients should realize that new tests may come up with false positives. This could lead to unnecessary biopsies, so the screening test has to be validated and perfected before it is used nationally or globally.

Continue reading "New Blood Test for Early Mesothelioma Detection " »