Mesothelioma Attorney Blog

Mesothelioma lawyers at Pintas & Mullins highlight a recent jury award won by a wife who developed mesothelioma from washing her husband's asbestos-laden work clothes. The couple sued Owens-Illinois, the manufacturer of the asbestos-containing products, and ultimately won $27 million.

Throughout the 1950s, Martin Gregg was employed as an insulation installer, handling mostly Kaylo brand insulation materials. As his wife, Rose-Marie Gregg was responsible for laundering her husband's work clothes, which were often coated in a white substance she assumed was leftover insulation material.

That white substance, however, was asbestos. At 82-years-old, Rose-Marie was recently diagnosed with mesothelioma, an aggressive cancer of the lining of the lungs, heart or abdomen. Mesothelioma is almost exclusively caused by exposure to asbestos, and is an extraordinarily fatal cancer - patients are typically given no longer than one year to live after initial diagnosis.

Kaylo products were manufactured by Owens-Illinois, a company that knew about the dangers of asbestos exposure as early as the 1930s. In fact, internal documents produced at Gregg's trial show that Owens-Illinois tested Kaylo products, the results of which proved that their asbestos content could cause fatal illness in workers.

Despite this knowledge, Owens-Illinois marketed its Kaylo products as "non-toxic," and failed to mention any presence of asbestos on its packaging. The jury decided that Owens-Illinois indeed manufactured a defective product and failed to warn the Greggs about the risks of asbestos exposure.

The jury awarded $12 million to Rose-Marie, $4 million to her husband, and $342,000 to the couple in economic damages. The jury added another $11 million in punitive damages after deciding that Owens-Illinois intentionally withheld its knowledge about asbestos and health hazards of its Kaylo products, acting with malice, oppression, and fraud against the Greggs.

In a similar story, a former drywall worker from California was recently awarded the same amount - $27 million - from his work during the construction boom of the 1970s. The plaintiff, Michael Sutherland, started working as a drywaller in residential and commercial buildings while he was still in high school. For the next 25 years, Sutherland worked in San Diego County, rushing from job to job as a drywaller.

He said he work was "always dusty," and that it was not until 2003, while attending a conference on workplace safety at the University of California at San Diego, that he learned about the abundance of asbestos in building materials. Among those materials included things he had been working with for decades: stucco, roofing materials, joint compound, cement pipe, and fire-resistant drywall.

In May 2012, Sutherland was diagnosed with mesothelioma, and ultimately sued more than 30 companies he believed to be responsible for his asbestos exposure. Several of those companies settled with Sutherland, and only Highland Stucco and Lime Products was left as a defendant.

The case went to trial as Sutherland argued the companies knowingly sold dangerous products and fraudulently failed to warn about its dangers. The jury agreed, and ordered the company to pay Sutherland $26.6 million for exposing him, along with his colleagues and the public, to a known carcinogen.

Continue reading "Wife Exposed to "Take Home" Asbestos Awarded $27 Million" »

Asbestos exposure attorneys at Pintas & Mullins report of a recent article by BBC News highlighting the immense risk asbestos poses to children. A government-funded cancer committee reported that a five-year-old is five times more likely to develop mesothelioma than a 30-year-old adult.

Mesothelioma is cancer of the lining of the lungs, heart, or abdomen, and is almost exclusively caused by exposure to asbestos. The risk of mesothelioma development is five times higher in young children because the disease takes between 20 and 50 years to develop in the mesothelial cells (the layer lining protecting the internal organs).

Biologically, mesothelioma is caused by neoplastic transformation of mesothelial cells; this transformation is caused by inhaled asbestos becoming lodged in the mesothelial cells, leading to permanent injury and impaired healing. The longer the asbestos fibers remain in the mesothelial cells, the more likely one is to develop mesothelioma, asbestosis, lung cancer, or other asbestos-related illnesses.

The report by BBC illuminates one of the, if not the most prominent, public health problems for children around the globe: that asbestos is present in most schools.

Campaigners in the U.S., England, and Australia are calling for asbestos to be removed from all schools, however, the removal of asbestos is highly regulated by law, and becomes extremely expensive when abated in large amounts. Most school districts simply do not have the funding to perform such a large-scale project.

The mineral is present most often in basements, piping, and ceiling and floor tiles, used in adhesive, insulator, or fire-proofing applications. The current mode of handling this issue is to simply leave it be - asbestos is only carcinogenic when it is damaged or disturbed, when it becomes airborne and easily inhaled.

The study mentioned by BBC was requested by the Department for Education and conducted by the Committee on Carcinogenicity, an independent entity which advices the British government on cancer. Its final report affirmed that five-year-old children have a 3.5 times greater risk of development mesothelioma compared to an adult first exposed at age 25, and about five times greater than an adult first exposed at 30.

Study authors note that children are not intrinsically more susceptible to asbestos, merely that the likelihood of them to develop mesothelioma from asbestos exposure is heightened due to the increased life expectancy of children compared to adults. The Department of Education stated that it was working in accordance with the Health and Safety Executive to ensure asbestos is managed properly in schools.

Across the pond, the U.S. Department of Housing and Urban Development recently released horrifying documents from an assessment of the San Francisco Housing Authority (SFHA). According to the review, the majority of the Authority's properties are plagued by asbestos, toxic mold, and bed bugs.

More than 31,000 San Francisco residents live in over 6,000 public housing units throughout the metropolitan center, even though the agency scored 54 out of 100 in its most recent audit. These problems, of course, affect real people and families, one of whom, Maria, was recently interviewed by KQED.

Maria has lived for seven years in the Sunnyvale complex in the Visitacion Valley neighborhood. Her problem with bed bugs took two years to resolve (eventually she had to take care of it on her own), however, the asbestos problems are what cause her the most worry. One day on her attic door she noticed the name of an asbestos company. Concerned, she brought a flashlight up to her attic and found piles of loose asbestos covering the floor from deteriorating insulation.

Continue reading "Children more Vulnerable to Asbestos than Adults " »

Asbestos exposure attorneys at Pintas & Mullins report on two recent asbestos-related projects that are running into significant hurdles, at the concern of surrounding communities. The first is at the Hilton Center in Rensselaer, New York, and the second in Toledo, Ohio.

The latter issue stems from efforts to revitalize older, stagnant neighborhoods in the Toledo area. Officials in the city have recently been tearing down dilapidated and vacant residences and businesses, many of which destroyed by fires. The teardowns, while promising of what may be to come, are also leaving community members extremely concerned about the presence of asbestos.

Asbestos is a natural mineral and has an array of applications due to its unique properties. It was most abundantly used in the United States as a building material, for pipe coverings, insulation, and floor and ceiling tiles, to name only a few. In the late 1970s, several studies came to light proving that asbestos directly caused several types of serious, fatal illnesses, such as mesothelioma and lung cancer. Although it was banned during that time, most homes, schools, and commercial buildings built before the 1980s still contain significant amounts of asbestos to this day.

Mesothelioma, asbestosis, and lung cancer are caused by miniscule fibers of asbestos being lodged into the lung tissue after it is inhaled. The Toledo community's concern, then, is focused on the presence of airborne asbestos in their area. When asbestos fibers are disturbed in any way (such as through demolitions and renovations), the asbestos fibers are easily uprooted, causing them to become airborne and float through the surrounding air, traveling for miles before settling.

Safely removing asbestos before this can occur is legally required by federal and state law and is very expensive. For a city like Toledo, the costs can be paralyzing, leading to unfinished demolitions and prevented schedulings. In some cases, the debris from demolitions has simply been left at the site, in piles of rubble, prompting outcries from neighbors.

One neighbor, Carla Steelman, lives across the street from one such demolition project, the remains of which have been piled on the property for the past three months. She contends that the unsightly mess attracts others in the area looking for somewhere to dump their unwanted materials.

A spokesperson for the city of Toledo affirmed that the majority of homes scheduled for demolition have been completed, with debris properly disposed of. The homes that were not scheduled, or are considered emergencies, have longer time tables for debris removal. Those affected by fires or posing an immediate threat to the surrounding community are labeled as emergencies.

Meanwhile on the East Coast, state and federal environmental agencies are raiding the Rensselaer, NY Hilton Center for Arts. The officials were prompted by suspicions that the asbestos removal projects were not carried out in full compliant with the law. The Hilton Center is an industrial complex housing performing and visual arts on the Hudson River. During the last five years, extensive projects have been conducted on the complex to remove harmful materials, such as asbestos.

A federal grand jury is currently investigating the project to determine whether illegal handling took place. The subpoena seeks any and all documents pertaining to the renovation, demolition, or other projects inside the Center, including financial records, environmental records, and asbestos surveys.

The Hilton Center does have a history of asbestos problems, including the illegal handling of asbestos during similar projects. The city of Rensselaer shut the Center down in May 2013 because of the suspicious behavior.

Continue reading "Asbestos Work Investigated in New York and Ohio" »

Mesothelioma attorneys at Pintas & Mullins highlight a recent breakthrough by researchers at several prominent cancer institutes, promising a new drug delivery system that will allow lung cancer patients to inhale chemotherapeutic drugs.

The developments were made by researchers at Oregon State University, Rutgers University, and the Cancer Institute of New Jersey, and recently published in the Journal of Controlled Release. Lung cancer is currently the leading cause of cancer-related death in the United States for both men and women. Of course, lung cancer is most publicly linked to smoking cigarettes, however, there are several other ways lung cancer patients contract this disease.

Among the most insidious and harmful of these is exposure to asbestos. Asbestos is a known human carcinogen, and was used abundantly in American workplaces until the early 1980s, when it was revealed the mineral can cause fatal ailments, such as lung cancer and mesothelioma. Often mistaken as a type of lung cancer, mesothelioma is the cancer of the lining of either the lung, heart, or abdomen, and is almost always fatal; at the time of diagnoses, mesothelioma patients are often give less than one year to live.

In laboratory and animal tests, the inhaled chemotherapy treatment appeared to reduce the damage done to other organs by the cancer cells, while at the same time improving treatment of lung tumors. The treatment combines extraordinarily small nanoparticles, existing cancer chemotherapy drugs, and tiny interfering RNA, which prohibit cancer cells from resisting attacks.

Much like mesothelioma, the damage caused by lung cancer is not typically confined to one particular area. Instead, the cancer cells multiply and spread throughout the body, affecting numerous organs and tissues. Chemotherapy is incredibly toxic in the human body, causing organ damage and severe side effects on its own. What's more, typical intravenous administration of chemotherapy makes it difficult for the drugs to get to the lungs, which are inconveniently located in the center of the body.

Thus, a new, inhalable chemotherapy treatment for mesothelioma and lung cancer patients is as welcomed as it is efficient. A patent is currently pending for the technology, however, and more testing is required before the drugs can be approved for human clinical trials.

The chemotherapy drugs in the inhaler are smaller than particles of dust, making them easy to inhale and also readily attachable to cancer cells. The drugs include not only the chemotherapy treatment, but also, as stated, small interfering RNA, which make the cancer cells that much more vulnerable to anti-cancer drugs.

Continue reading "Researchers Develop "Inhaled" Chemotherapy Treatment " »

Elder abuse and neglect lawyers at Pintas & Mullins highlight a recent ruling in Michigan that allows judges to impose tougher sentences on criminals who embezzle money from seniors and the mentally ill. Governor Rick Snyder signed the Vulnerable Adult Embezzlement Statute on Tuesday, May 21, 2013.

In Michigan, criminals who exploit seniors and the mentally disabled out of money, stocks or valuables are now subject to consecutive sentences for multiple offense convictions. Under Michigan state law, a vulnerable adult is anyone 18 years or older who, because of his or her age, disability, or mental illness, requires supervisions or personal care or lacks the skills to live independently.

Anyone who suspects someone is being abused, neglected or exploited and who meet the definition of being a vulnerable adult can make confidential report at 800.966.6226. The Michigan Department of Human Services is then required by law to investigate within 24 to 72 hours depending on the severity of the case. Additionally, those working in health care, teaching, law enforcement, and social welfare are legally required to report elder abuse.

It is a sad reality that criminals looking to exploit people out of money and valuables target the elderly and mentally ill. These criminals can be strangers, acquaintances, caregivers, and even family members. One case out of Kalamazoo in 2011 highlight just how real this threat is to the nation's elderly.

Minnette Winkel was being cared for by Brenda Rodrigues-Ostland and her sister, Georgia Marie Vrabel during the time before her death in March 2005. Although Winkel had amassed a large collection of antiques, jewelry, and furniture throughout her life, she was ultimately buried in a cardboard box. She died completely penniless, because her two care givers, both employed by a legitimate agency, stole every last one of her belongings by 2003, two years before Winkel's death.

The Kalamazoo County Prosecutor's Office worked with state legislators and funeral homes to figure out a way to bury Winkel. Brenda and Georgia were ultimately charged and convicted with larceny in a building. One was sentenced to nine months in jail with five years probation and the other a mere five years probation for her malicious criminal acts.

Michigan state senator Tonya Schuitmaker states that about 80,000 Michigan residents are victims of elder abuse. In 2011, she introduced a bill aimed at heightening the coordination between state and locals authorities in investigations into elder abuse claims, also establishing stricter penalties for those convicted and creating an Amber Alert-type system for seniors who become lost.

The rate of financial abuse of seniors in Michigan was about 12% in 2005. Today, the number is closer to 20%. A spokesperson for Senior Services, Inc stated that the agency has seen an increase in family-related issues due in no small part to the poor economy. Seniors often receive social security or disability checks in the mail, which their children are well aware of and easily able to take from them.

Non-related scammers may pose as a distressed grandchild needing emergency cash, workers claiming they can provide home repairs for a discount, or government officials online looking for social security numbers. According to the Federal Trade Commission, more than 25 million adults were victim of fraud in 2011, costing them an estimated $3 billion. Those living alone or suffering from dementia are particularly vulnerable.

Continue reading "Harsher Sentences Allowed for Criminals Targeting Seniors" »

Asbestos exposure attorneys at Pintas & Mullins highlight a recent report from the Hamilton, New Jersey area which found that about half the schools in the district are contaminated with asbestos. In related news, projects to remove asbestos from buildings at Michigan State University were recently halted due to fire damage.

The New Jersey report was conducted by Fraytak Veisz Hopkins Duthie, an architectural firm based in the area. Architects studied all schools in the Hamilton school district and found multiple problems at virtually every campus - only three schools out of 24 were given "A's."

This disappointing report does not come as a shock to many; in 2010, the school district cut more than $15 million from its budget because of new state regulations. Because of these cuts, schools no longer had the resources to conduct routine maintenance, leaving the district in a state of disarray.

The most pertinent problems were in the discovery of asbestos and black mold in about half of the facilities. Asbestos was used in construction materials until 1979, most abundantly in schools and residences, in floor and ceiling tiles, fireproof insulations, electrical systems, and plumbing. Asbestos is most dangerous when it is friable, meaning the asbestos fibers are easily able to become airborne and inhaled.

The inhalation of asbestos leads to an array of serious and fatal conditions, such as mesothelioma, asbestosis, and lung cancer. After the initial exposure to asbestos, these disease can take anywhere between 20 and 50 years to manifest in the body. For this reason, asbestos is most dangerous when exposed to young children. To put it frankly, many older adults exposed to asbestos simply will not live long enough to experience the debilitating effects of their exposure. For children, the potential for fatal consequences is much higher.

Among the other problems prevalent in the Hamilton schools include insufficient capacities, failing drainage and electrical systems, poor flooring, and structural problems such as saggy roofs. District officials will now have to decide between fixing the major facility problems or simply building new structures.

Meanwhile, Michigan State University recently adopted an Asbestos Program to maintain compliance with federal and state laws. The Department of Environmental Health and Safety (EHS) conducted asbestos building inspections of all buildings on campus built prior to 1981.

University administrators determined that one particular building, Morrill Hall, would be too expensive to renovate, and started on the demolition process in spring 2013. The 113-year-old building caught fire in mid-May, however, suspected to have started in the debris on the roof. Earlier that day workers were on the roof and inside the building removing asbestos. Fortunately, the portion of the building that caught fire had already been cleared of asbestos, although it was unknown whether the roof debris that caused the fire contained any of the known carcinogen.

Continue reading "Asbestos Found in New Jersey School District " »

Asbestos exposure attorneys at Pintas & Mullins report that specialty chemicals maker RPM International recently set aside $1.2 billion to cover asbestos-related liabilities. This estimated number is twice the amount the company initially argued for.

Originally, RPM estimated the liability in amounts between $300 and $575 million, however, Judge Judith Fitzgerald told the company that no less than $1.2 billion would be appropriate. The asbestos liability claims stem from two of RPM's now-bankrupt units: Specialty Products Holding Corp and Bondex International Inc. The judge's 51-page opinion on the matter contained what legal experts describe as "sweeping language" that could have future implications on asbestos litigation.

Specialty Products and Bondex International filed Chapter 11 in May 2010 with the intention of permanently resolving asbestos liability though the establishment of a trust. The current dispute is over exactly how much money to put into this trust, which will compensate those injured by the companies' products. Such products include a joint compound used to fill gaps in drywall which contained significant amounts of asbestos.

Asbestos was used abundantly in the United States - particularly in the construction industry - until the late 1970s, when it was discovered the mineral causes cancer. Mesothelioma and lung cancer are both directly attributed to asbestos exposure, and are two of the deadliest cancers one can have. Those diagnosed with mesothelioma are typically given less than one year to live.

Mesothelioma, like asbestosis, another debilitating disease caused exclusively by asbestos exposure, takes decades to develop in the body after initial exposure - anywhere between 20 and 50 years. Because of this, there has been a surge in mesothelioma diagnoses and consequent lawsuits in recent years even though asbestos was banned in the US in 1979.

In 1982, the first company, Johns-Manville Corp., filed for bankruptcy in anticipation of asbestos liability claims. Since then, about 70 more companies that either manufactured or sold asbestos-containing products have filed for bankruptcy. Since 2000 alone, 40 companies have filed, including Pfizer/Quigley, G-I Holdings, and W.R. Grace.

Because asbestos is odorless, tasteless, and invisible when airborne, mesothelioma patients throughout the world are trying to remember when, where, and exactly how they were exposed. Contacting a skilled attorney who can investigate this for you is of great help, and handfuls of companies are usually implicated in asbestos exposure lawsuits.

One such case is currently happening in Mississippi; Elizabeth Gailyne Sutherland is suing numerous companies alleging each contributed to her mesothelioma. Among these companies includes Alma Plantation, Anco Insulation, Liberty Mutual Insurance, Metropolitan Life Insurance, and McCarty Corporation. Sutherland is alleging second-hand exposure from her husband's work with the companies.

Continue reading "RPM International Sets Aside Over $1 Billion for Asbestos Claims" »

Mesothelioma lawyers at Pintas & Mullins report of a recent breakthrough by researchers at the Walter and Eliza Hall Institute involving a powerful protein called p53. More than half of human cancers, including mesothelioma, are associated with defects in the gene for p53.

The Australian researchers dissected the processes that are controlled by p53 to discover how and if this protein could be used to suppress cancer development. Scientists believe the most important processes activated by p53 are its ability to control cell survival and division. Cancer cells, for example, in patients with genetically mutated p53, become long-lived and divide uncontrollably, which are key features of cancer formation and spread.

Previously, it was assumed that this cell survival and division constituted the most important functions p53 used to prevent cancer. The team of researchers set out to definitively find out whether this assumption was true. The team compared cells lacking p53 with cells in which the protein was not able to regulate cell division and survival.

With the recent developments in gene development and knowledge, scientists are able to identify the exact proteins activated by p53 to stop cell division and promote cell death. In their experiments, researchers were able to remove these proteins from cells to completely block p53's ability to stop cell division and death. Much to their surprise, p53 was still able to prevent cancer formation, even without being able to prevent the cancer cell's death and division.

This led scientists to conclude that p53 is probably a collection of several proteins with numerous critical functions. Contrary to popular belief, researchers hypothesized that p53 did not function solely to stop cells from dividing, but instead acted as a repair mechanism for damaged DNA. Looking forward, this new knowledge may be exploited to develop improved and more successful cancer treatments.

Mesothelioma caused by exposure to asbestos is a global problem, which is why research departments around the world are working towards breakthroughs in every facet of mesothelioma cancers. One team in Zurich, Switzerland recently evaluated the two most standard imaging systems used to see a variety of cancers, including mesothelioma.

Researchers examined PET/CT and PET/MRI side-by-side. PET stands for positron emission tomography, and is a nuclear imaging technique which produces 3D images of specific processes within the body. Patients undergoing this imaging are given a radioactive tracer, which the PET detects and traces in bodily tissue. The radioactive tracer highlights where the metabolic activity is highest in the body, which is typically in the cancer cells. PET technology is currently the most common mode used to diagnose and stage mesothelioma and other difficult cancers.

MRIs (magnetic resonance imaging) are another variance of nuclear imaging, using powerful magnets to produce images of atoms in the body. Its benefit is that it does not use ionizing radiation, which can be harmful in the human body. Conversely, PET/CTs acquire detailed pictures of anatomical structures, such as the bones and soft tissue, using radiation. When used together, metabolic changes can be seen and examined.

Researchers evaluated more than 60 patients undergoing both PET/MRI and PET/CT to detect mesothelioma or another cancer. They measured the exact maximum diameters of the cancers shown on both the CT and MRI images, and then measured overall differences in each method's ability to detect an obvious cancer lesion.

Continue reading "Research Reveals Cancer-Suppressing Protein " »

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.

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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.

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