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You Are Here: Mesothelioma Legal Blog > 2010 > April
 
   

Archive for April, 2010

Mesothelioma claims Malcom McLaren

Sunday, April 11th, 2010

Malcom Mclaren, the former band manager for both the American group New York Dolls and the Sex Pistols, an English band, died recently from mesothelioma. McLaren thought that he had lung cancer in the beginning of last year, but the doctor that he was seeing insisted that there was nothing wrong even though some benign growths had been located near his lungs just a year before. Just months after being advised that nothing was wrong he was diagnosed with mesothelioma. Young Kim, his partner, is considering filing a complaint against the medic who wrongly assumed there was no problem with Malcom’s health, claiming that the doctor’s incorrect conclusion was not excusable.

Mesothelioma is a rapidly progressing, terminal cancer that is caused by exposure to microscopic asbestos fibers. Asbestos exposure is most likely to occur near asbestos products, and can result from accidental inhalation or ingestion of airborne particles. Some three thousand persons in the United States are killed each year by mesothelioma, and possibly as much as thirty times that world wide.

The tiny size and peculiar shape of asbestos fibers prevent the body from expelling them effectively in the same way that it would dust or other, larger debris. The microscopic fibers slip right through lung or intestinal tissues and end up binding to the mesothelium, a protective soft tissue that encases our body’s organs. Once in the mesothelium, the asbestos fibers cause scarring which can lead to the development of malignant tumors some years or even decades in the future. While the malignant tumors can take as much as half a century to appear, once they develop the disease progresses with frightening rapidity. Most mesothelioma patients are expected to live no more than eighteen months.

Asbestos was used commonly as an insulator, fire retardant, and strengthening additive in residential and commercial construction around the world throughout the 20th century. In the 1980′s, mounting evidence linking the mineral with several diseases caused legal reformations strictly regulating and in some places banning the use of asbestos in industry. Due to the fact that asbestos fibers had been found to cause various diseases as early as the 1920′s, many individuals affected by asbestos exposure have pursued legal actions against industrial employers for their negligent and irresponsible failure to implement safe handling procedures in the workplace.

McLaren was most likely exposed to the dangerous fibers in his shop where he had broken open the ceiling to make it look like it had been hit with a bomb. According to his former partner, McLaren’s store had made use of board asbestos in several places. Because of the amount of time he spent renovating and redesigning his shop, it’s likely that he was consistently exposed to airborne asbestos fibers.

Malcom McLaren died in a Swiss clinic. His body was returned to London for a burial.

Wisconsin asbestos regulations tighten

Tuesday, April 6th, 2010

Wisconsin has toughened up on its regulations concerning the safe handling and disposal of asbestos. The laws that used to require roofers to take a one day course in order to handle the dangerous substance have been changed to require a much longer, more rigorous course that takes an entire week. While the forty hour course only applies to roofing supervisors, roofing laborers haven’t been overlooked. They’re also being required to take a course on safely handling asbestos roof products, although theirs is slightly shorter at thirty two hours.

Handling asbestos safely has become more and more of a serious issue in the past several decades. Asbestos exposure has been conclusively linked to the development of mesothelioma, a rare and aggressive terminal cancer that claims the lives of some three thousand Americans every year. Many mesothelioma victims acquire the illness through workplace exposure such as may occur during the removal of asbestos contaminated roofing tiles.

Contrary to popular expectations, roofing companies aren’t happy about the changes. They say that while the required time away from work and expenses for asbestos training have risen rapidly, there doesn’t seem to be any corresponding gain for the roofers. Greg Johnson, the vice president of field operations for F.J.A. Christiansen Roofing Co. Inc. based out of Milwaukee said “There really isn’t a payback to all of the additional costs that go into asbestos service and training.”

The classes to ensure that each roofer is properly certified cost as much as $2,750 per worker, and Johnson believes that they don’t actually change the methods used for removing roofing shingles. According to Johnson, the fact that the classes don’t seem to have any real world effect on roofing techniques is a clear signal that they’re unnecessary.

The state claims that it’s happy to listen to roofer’s concerns, but doesn’t imply that the Department of Health Services – the organization that instated the rule – will be willing to make any changes. Shelley Bruce, the Department of Health Asbestos and Lead Certification Supervisor, says that the improved training was put into place as a result of collaboration with the Occupational Safety and Health Administration (OSHA) and the Wisconsin Department of Natural Resources.

“We can’t just allow one-day trained people to work on nonintact material because OSHA doesn’t allow it either,” said Bruce.

Shawn Christon, the president and owner of the safety training company Consulting Training Services, LLC in Mequon says that many of the training courses focus on practices that don’t even apply to rooftop work. He believes that the shorter courses offered more directly and strictly practicable training in regards to roofing, although the requirement for longer courses does mean more work for his company.

Johnson argues that modern roofs don’t even contain asbestos, and the amount of work they perform which the training applies to is so minimal that the training itself seems to be of little value.

“This isn’t rocket science,” Johnson said, “removing asbestos-containing materials -it’s all done according to procedure.”

Veterans hospital to undergo asbestos abatement

Monday, April 5th, 2010

A series of renovations and improvements above and beyond normal annual upkeep are in the works at the Stratton Veterens Affairs Medical Center following the receipt of more than $16 million in federal funds. The funds were awarded to the hospital as a result of the American Recovery and Reinvestment Act, and will be used in a variety of projects aimed at improving the hospital’s service to veterans. The hospital already had completed plans for several projects that they didn’t expect to receive funding for, which may have helped to expedite the transfer of funds. The director of the medical center, Mary-Ellen Pich, said “We had projects on the shelf ready to go and were able to start projects fairly quickly, so we got our share of the money.”

More than a billion dollars will be awarded to various VA hospitals by the Department of Veteran’s Affairs, and more than ten percent of that money will end up in New York VA hospitals such as Stratton. Veterans’ Affairs hospitals aren’t under funded, and more than just helping them to get by this federal funding is likely to permit the execution of lower priority, as of yet unfunded projects. Stratton, for example, maintains an annual budget of around $200 million, so while the funds aren’t strictly necessary to continue operation, they will certainly be put to good use. Mary-Ellen Pich said in the case of Stratton hospital that the federal money is a real boost. The money will be used to address issues beyond the normal maintenance and improvement of the hospital.

One such issue is the removal of dangerous asbestos materials from the hospital. Asbestos insulation and other asbestos products were implemented in the construction of the building more than half a century ago. It has since been proven that asbestos fibers are dangerous to human health, and can even cause the rare, aggressive and terminal cancer mesothelioma.

Some three thousand Americans are diagnosed with mesothelioma every year, and estimates claim that as many as ninety thousand diagnoses are reported annually worldwide. Most mesothelioma victims were exposed to the dangerous mineral while employed in an industry that made heavy use of asbestos products. The EPA, however, states that there is no safe level of asbestos exposure, indicating that even temporary or inconsistent exposure could be a threat.

Asbestos abatement is the second most expensive individual project being paid for by Stratton’s federal funding. State and federal regulations require that specially trained contractors conduct the work in order to ensure proper disposal and minimize accidental exposure.

“This building is over 60 years old, and certainly renovations give us the opportunity to deliver health care in an appropriate environment,” said Marry-Ellen.

Other projects funded by the American Recovery and Reinvestment Act will include improving prosthetic development equipment, construction of new laboratories, installation of improved windows, expansion of existing facilities and more.