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You Are Here: Mesothelioma Legal Blog > 2010 > May
 
   

Archive for May, 2010

Quebec faces new pressure to reform asbestos industry

Sunday, May 16th, 2010

Quebec has long been seen as the last refuge of the asbestos industry in North America, and even as one of its final resting places in developed, progressive nations worldwide. With global pressures and general disapproval rising, however, the remnants of the industry may already be on their way to permanent dissolution.

Until recently Quebec’s political circles have shown zero interest in reforming their position on asbestos mining. While asbestos exports from Quebec amount to a considerable portion of the area’s livelihood, the costs in terms of poor health, increasing international pressure, and now some pressure from local officials and politicians are beginning to take their toll.

Asbestos exposure is the leading cause of work related death in Quebec, accounting for more than half of the deaths compensated by the Quebec Workers Compensation Board. Those numbers are almost certain to rise in coming years, due to the long latency period, or amount of time from initial exposure until symptom development, of asbestos related diseases.

Recently in Ottawa, some one hundred health professionals and politicians held an anti-asbestos rally on parliament hill, showing that public sympathies are beginning to take hold.

The mining of asbestos and the manufacture and export of asbestos containing products is hardly tolerated by the rest of the world. Medical professionals from a variety of backgrounds agree that asbestos is a dangerous material whose hazards easily outweigh its importance to industry. The World Health Organization has called for a complete end to asbestos use, saying that “all types of asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary, and asbestosis (fibrosis of the lungs).”

Historically, Quebec’s asbestos industry has turned to flaky arguments and fabricated evidence to protect its position, claiming that the specific type of asbestos it mines, chrysotile asbestos, is less harmful than other forms and can be used safely. Finding anyone without interests in the asbestos industry to agree is difficult, however.

In fact, Richard Lemen, the former Assistant Surgeon General of the United States, published the following statement in the World Asbestos Report last year:

“The chrysotile lobby relies on misinterpretations, false claims, and undocumented statements to advance its global propaganda campaign for the continued use of chrysotile asbestos. . . . Blow away their smoke . . . and truth emerges for all to see: asbestos is deadly . . . and the continued use of chrysotile is unconscionable.”

Asbestos industry officials in Asbestos, Quebec, are waiting nervously for word from the Quebec government concerning whether or not they’ll supply the loans necessary to expand the town’s asbestos mining operations. This decision could very well dictate the future of the asbestos industry in Canada. The expanded operations, which will include a new underground asbestos mine if approved, will create more than four hundred jobs and help to secure Quebec in its position as one of the world’s largest asbestos exporters for another thirty years.

Many experts vehemently oppose the idea of further investing in Quebec’s asbestos industry. Among other demonstrations of disapproval, a letter has been sent to the Quebec government asking them to put an end to the dishonorable trade. The letter was signed by fifty prominent professionals in Quebec including doctors, academics, scientists and environmentalists, and was authored by Dr. Fernand Turcotte, a veteran of the war on big tobacco interests.

Whether or not this ends up being the turning point for Quebec, it’s clear enough that the asbestos industry in Canada is headed for a close.

Re-trial demanded in asbestos lawsuit after juror admits tainted vote

Monday, May 10th, 2010

After Alan Olson died at an early age of 47 from lung cancer linked to asbestos exposure, his wife Anne filed a lawsuit against his former employer, the Port Authority of New York and New Jersey. The Port Authority operates the PATH subway system where Alan used to work, and the lawsuit alleged that that is where he was consistently exposed to airborne asbestos particles.

Asbestos products have long been known to cause severe and fatal respiratory illnesses such as asbestosis, lung cancer, and mesothelioma, a cancer of the tissue that surrounds the lungs known as the mesothelium. Mrs. Olsen’s lawsuit was brought under the Federal Employers’ Liability Act, claiming that the Port Authority failed to protect Alan Olsen from toxic environments and insufficiently warned him of the dangers associated with his workplace.

Anne Olsen didn’t win the lawsuit, but she’s seeking a new trial now that a Juror has come forward admitting that he voted in his employer’s favor to bring the trial to a close.

The juror wrote an email to one of the prosecuting attorneys after the trial. In the email, he made it clear that the trial was deeply affected by his desire to expedite the proceedings.

“Everything that was presented to us, I had in your favor,” the juror wrote to the prosecuting attorneys.

He continued to say that the jury panel thought Olson’s smoking contributed to his cancer, but that the asbestos did, too.

“I wish I would’ve kept my vote for the family,” the email continued, “I think about it every day. It shouldn’t be like that. . . . Then I feel like we would’ve never gotten out of there.”

It’s undecided whether the case will be tried again. Had the juror in question voted in favor of Anne Olson the resulting tally would have been 6-2, with 6 in favor of the defendant. Under New Jersey law, a vote of 6-2 would still be insufficient for a verdict.

Jury awards $208 million in asbestos trial

Sunday, May 9th, 2010

Rhoda Evans was awarded an astonishing $208.8 million by a California Jury in a recent asbestos industry lawsuit. The prosecution showed that Rhoda developed mesothelioma, a fatal disease linked to asbestos, after being exposed to microscopic asbestos fibers on her husbands clothes. Her husband worked with the substance regularly, in the form of products supplied by the defendant. The $208.8 million award is one of the largest in the state of California’s history for similar lawsuits.

Bobby Evans, Rhoda Evans husband, was an employee of the state for nearly a quarter of a century, during which time his job included cutting cement water pipes to size using an abrasive powder saw. The water pipes were supplied by CertainTeed and contained asbestos fibers acting as a strengthening agent. Bobby’s work often caused him to become coated in thick asbestos containing cement dust, which he then brought home unintentionally on his clothes.

The lawsuit showed that CertainTeed was well aware of the dangers of asbestos as early as the 1960′s, but that they failed to warn their customers about the toxic substance until 1985 when public awareness of the dangers of asbestos was beginning to rise dramatically. The jury declared that 70% of the liability for negligent asbestos contamination lay with CertainTeed, and the other 30% with the Department of Water and Power.

Mesothelioma is a quickly progressing, aggressive and terminal cancer linked exclusively with exposure to asbestos fibers. Due to their unique, needle like shape, microscopic asbestos pass through the body’s defenses against foreign debris with relative ease. After being accidentally inhaled or ingested from a contaminated environment, the tiny particles slip directly through the lung or intestinal walls and become entangled in a protective tissue called the mesothelium. The mesothelium responds by accumulating a type of scar tissue, which over the course of years or even decades can slowly develop into malignant tumors.

Mesothelioma is nearly impossible to diagnose until it’s in its final stages, and victims can take decades to develop symptoms from the time of exposure.

Asbestos litigation has a long history in the United States and around the world. While medical professionals proved that asbestos has hazardous effects on the human respiratory system as early as the 1920′s, it took some sixty to eighty additional years before the fact was widely accepted. Many asbestos companies have been fighting for the last century to downplay the effects of asbestos contamination, despite the more than 90,000 people annually who are diagnosed with fatal asbestos diseases.

The Central District Los Angeles Superior Court jury revealed their decision last week. They awarded Rhoda Evans $8.8 million in compensatory damages and claimed an additional $200 million from CertainTeed in punitive damages. CertainTeed officials claim that they aren’t satisfied with the ruling, and that they’ll continue to fight the verdict and the award.

$15 million victory against ConocoPhillips in asbestos lawsuit

Monday, May 3rd, 2010

Troy Lofton, a 71 year old former oil and well drilling man in Mississippi, was awarded more than $15 million early last month after a jury found that his former employer negligently exposed him to asbestos. Troy lives with a disease known as asbestosis. Asbestosis is caused by exposure to airborne asbestos fibers; it cripples the lungs and causes various body pains, transforming day to day activities into strenuous tasks. In addition to needing to breath from an oxygen tank throughout the day, Troy also suffers from an increased likelihood of developing a fatal cancer such as mesothelioma.

CP Chem, Troy’s former employer and a division of the well known ConocoPhillips Company, was found responsible for his health condition after just eight days at trial. It was shown that CP Chem knowingly shipped a product known as Flosal that contained asbestos dust. The Flosal was received by Troy and others like him and then dumped into other equipment by hand. This dangerous practice left the air full of dangerous asbestos dust, but was condoned by CP Chem just the same.

The dangers of asbestos have been known for quite some time. Employees that worked with asbestos were complaining of respiratory ailments as early as the beginning of the twentieth century, and medical trials soon followed that found the asbestos fibers responsible.

The usefulness of asbestos and its cost efficient production and implementation hindered the forming of regulations regarding its safe handling for nearly a century. Asbestos producing companies as well as their biggest buyers actively formed the public’s opinion of asbestos through positive campaigning, and in some cases even paid researchers to back bogus claims concerning its harmlessness.

After much difficulty, the United States EPA finally passed the Asbestos Ban and Phase Out rule in the late 1980′s, but it was overturned in the early nineties after company with large asbestos interests sued the agency.

Today, heavy regulations and restrictions apply to the use and handling of asbestos materials. While asbestos is still legal in the United States, companies that have endangered their employees with the substance in full knowledge of its potential toxicity can be held liable.

Troy Loften’s $15.2 million victory proves that CP Chem acted negligently with asbestos products throughout the 1980′s, and opens the doors for other former employees to file lawsuits. More than 700 other lawsuits involving former employees of ConocoPhillips or its subsidiaries that developed asbestos related diseases are pending.

New Australian mesothelioma registry: a step forward in the fight against asbestos

Sunday, May 2nd, 2010

A new Australian Mesothelioma Registry has been launched at the Bernie Banton Centre in Sydney. The registry aims to collect more detailed information about mesothelioma cases in Australia, and will attempt to improve the understanding of the circumstances that revolve around developing the terminal cancer. Additionally, better information about treatment responses, rate of diagnoses increase, and other useful information will be collected.

The new registry was launched by the New South Wales (NSW) Premier Kristina Keneally, the NSW Minister Assisting the Minister for Health Frank Sartor, and the Minister for Employment and Workplace Relations Julia Gillard. Managed by a consortium of medical institutes led by the Cancer Institute of New South Wales, the new registry will work to improve the world’s understanding of mesothelioma with the help of some of the foremost experts in asbestos related illness in Australia.

Mesothelioma is an aggressive, terminal cancer directly linked with exposure to asbestos fibers. Before the ban of asbestos in Australia, the nation had the highest per capita usage of the dangerous substance. With their mesothelioma diagnoses ranging among the highest in the world, Australia is now working to increase awareness of the disease, promote research of better treatments, and tighten international restrictions on the substance’s use.

Many developed nations outlawed the use of asbestos or applied strict usage regulations towards the end of the twentieth century in response to mounting evidence of its hazardous nature. Some nations such as Canada and Russia continue its production, however, and export the dangerous material to a wide variety of developing nations such as Mexico, India and China. While limited knowledge of the disease and its diagnosis techniques in those parts of the world are likely reducing the recorded incidents of mesothelioma and other asbestos related diseases, many fear that diagnoses of asbestos related illnesses are doomed to rise in nations which import the material.

The new Australian Mesothelioma Register will collect specific information about patient exposure, and hopes to contribute evidence to the international debate concerning the possibility of a complete ban.

Australia’s tragic experience with asbestos related diseases may serve to expedite asbestos bans worldwide, which could in turn dramatically reduce exposure and save countless lives. At present, as many as 100,000 new cases of mesothelioma are developed worldwide, with just around 3% of those in the United States.

“The NSW Government’s Cancer Institute has been awarded a major contract to manage and operate a national register of mesothelioma cases on behalf of the Commonwealth Government,” said Premier Kristina Keneally.

“The Cancer Institute is recognized as a national leader in the management of cancer registries and will manage the new registry with a consortium including the Monash Centre for Occupational and Environmental Health, University of Sydney, the Asbestos Disease Research Institute and the Western Australian Cancer Registry.”

The new Australian Mesothelioma Registry will replace the existing register that has been in place for more than twenty five years. Those involved hope that the implementation of new technology will improve the efficacy of information gathering efforts and ultimately curb the destruction caused by the disease. The new registry will begin collecting information this June.