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Archive for the ‘news’ Category

Italian chef settles mesothelioma case out of court

Wednesday, July 6th, 2011

A recent mesothelioma lawsuit in Salisbury, England, was settled out of court when Luigi Pes was compensated with a six-figure amount by his former employers. Pes, who was diagnosed with malignant mesothelioma in February of 2008, was employed as a chef at La Gondola restaurant during the 1980s. He believes his asbestos exposure came from heat resistant oven seals in the restaurants kitchen, as well as some ceiling material in other parts of the establishment.

In a July 5th article in the Salisbury Journal, Pes says: “For many years I worked there with no idea about the damage asbestos could do to my health. In later years when I became aware about the dangers of asbestos, I had an idea that I had been exposed but I never expected that I would end up with this disease.

“Despite my progressive illness and the restrictions it brings, I’m doing my best to enjoy each day I have left. I’m not angry but I do feel strongly that more should have been done to protect me from getting this disease.”

Mesothelioma and other severe respiratory conditions are caused by inhalation of toxic asbestos fibers. Much like Pes, many mesothelioma patients have no idea they are living or working in the presence of asbestos. Although relatively safe when incased in a containing materials, such as floor tiles or ceiling tiles, asbestos poses a threat after consistent wear and tear releases the once enclosed fibers into the air.

Like Pes’s case, mesothelioma is characterized by a long latency period between original asbestos exposure and demonstration of mesothelioma symptoms. Mesothelioma victims often go for decades with no idea they are suffering from a deadly cancer. This makes early detection and mesothelioma treatment a challenge.

Historically, asbestos exposure and diseases it can cause have been associated with industrial employment such as shipbuilding, steelwork and mining. However, as residential and commercial construction components containing asbestos begin to break down, countless homes and workplaces are becoming unsafe. This is seen in Pes’s case and cases like it.

Adrian Budgen of Irwin Mitchell law firm in the UK is recently quoted in The Star on this demographic change in mesothelioma victims. He said, “Asbestos has long been associated with heavy industry but sadly we are seeing an increasing number of people from other sectors – such as health and education – falling victim to diseases like mesothelioma.

“The rising numbers of white- collar workers who are going on to suffer from mesothelioma highlights the need for a proper record of which public buildings – whether they are council offices, hospitals or schools – contain asbestos to prevent future, needless tragedies.”

New oral cancer drug may aid in mesothelioma treatment

Wednesday, June 29th, 2011

Pfizer pharmaceuticals has presented its new oral cancer treatment drug, crizotinib, for use on non-small cell lung cancer (NSCLC)—a group of diseases making up just 5% of all cancer cases. Developed to target tumors with genetic marker anaplastic lymphoma kinase (ALK), this new drug may be beneficial for treatment of pleural mesothelioma.

Pleural mesothelioma is a rare cancer of the mesothelium, the protective lining around the lungs. Once mesothelioma development begins, flat, wide tumors begin to spread in an irregular pattern through lung lining. Other treatments specific to NSCLC have aided in the fight against mesothelioma. ALK markers may be found in mesothelioma cells as well as lung cancer cells used in crizotinib testing.

Mesothelioma is caused by toxic chemical asbestos. Asbestos is typically found encased in another material, such as a building or construction component. However, after years of wear and tear, or in the case of sudden demolition, asbestos fibers can be released from the containing material, becoming a health and safety hazard.

Once asbestos fibers are inhaled they become lodged in the mesothelium—or in lining of other abdominal cavities such as the heart or diaphragm. This starts the cancerous growth process leading to malignant mesothelioma. Asbestos is considered a Type 1 carcinogen by the World Health Organization (WHO) and is regulated in many countries.

In Pfizer’s crizotinib tests, patients with advanced cancers experienced longer than average survival times after taking the new treatment. Two years and longer life expectancy is the average for just 20% of NSCLC patients; the expectancy dropping quickly between one and two years. 74% of those on crizotinib were alive after one year, and 54% after two years. This new drug could be a huge stride ahead in rare cancer treatment.

Mesothelioma is characterized by a life expectancy ranging from just six months to two years following diagnosis. Sadly, mesothelioma patients are typically developing the disease for twenty to fifty years before they notice symptoms. When symptoms to demonstrate they mimic those of bronchitis or pneumonia, making mesothelioma difficult to diagnose early.

Mesothelioma treatments are available. Standards include surgery, chemotherapy and radiation therapy. Often, these are administered in combination as palliative care to focus on pain management and to extend patient life expectancy.

About three thousand Americans suffer with mesothelioma each year, and the number worldwide is on the rise from twenty thousand annually as asbestos continues to be used. WHO estimates a quick increase to ninety thousand cases yearly around the world if asbestos use is not greatly curbed or stopped completely.

Virginia couple sues 143 companies after mesothelioma diagnosis

Wednesday, June 8th, 2011

Edward and Barbara Comer of Highland Springs, Virginia, are suing 143 companies for alleged negligence, conspiracy, misrepresentation and a host of other employment based wrongdoings. Filed in April, these actions followed one month after Edward Comer’s mesothelioma diagnosis. The Comers believe these 143 companies are responsible for exposing Edward to asbestos, the toxic carcinogen that causes mesothelioma development.

Mesothelioma is a rare cancer—about three thousand Americans are affected by it each year, and close to twenty thousand people worldwide. There are two types of mesothelioma. Pleural mesothelioma makes us about 80% of total cases, and affects lung-lining tissue. Peritoneal mesothelioma is less common and affects lining of other abdominal organs. Both types of mesothelioma are considered fatal.

Mesothelioma is characterized by a long latency period, similar to what Edward Comer experienced. Malignant mesothelioma often takes twenty to fifty years to develop to its final stage and demonstrate symptoms. Patients often have no idea they have mesothelioma until decades after asbestos exposure; and many have no idea they ere ever exposed to asbestos. Mesothelioma symptoms demonstrate as those of pneumonia and bronchitis, postponing diagnosis even longer.

The illusive characteristics of asbestos fibers and a general “don’t-ask-don’t-tell” attitude towards asbestos in the workplace of the past, has only added questions to studies of mesothelioma development. Mesothelioma’s long latency period complicated matters even more, making its cause, and any treatments options, something of a mystery.  The last several decades, however, have witnessed a change in regulations and medical research associated with asbestos exposure and mesothelioma. The Environmental Protection agency works to protect the American public from toxic exposure, while scientists and medical experts endeavor for a cure.

Edward Comer believes he was exposed to asbestos during his twenty-four years as an insulator, form 1960 to 1984. Asbestos was used in the last century, not only as an insulation material, but also as an additive and stabilizer for countless other products present in homes, commercial buildings and equipment around the globe. Edward and Barbara are suing companies they believe to have been directly involved in Edward’s asbestos exposure—companies they suggest have knowingly or negligently withheld vital information or protection from Edward during his employment as an insulator.

To date, over 600,000 asbestos related cases have been filed—the first dating back to the 1920s. An estimated 200 to 250 million dollars have been spent on asbestos liabilities, with 1 to 3 million claimants involved.

Sadly, it will not end here. The Comers are joining an ongoing list of those affected by toxic asbestos. Until asbestos is completely banned worldwide, mesothelioma cases, and other asbestos-caused diseases, will be on the rise.

Hefty OSHA fines follow asbestos violations

Wednesday, June 1st, 2011

A Cicero, Illinois company has received some negative attention from Occupational Safety and Health Administration (OSHA); specifically, $1.2 million in asbestos related fines. Total fines include payment for 4 willful violations and 15 willful citations.

OSHA takes asbestos misuse and neglect seriously, as does Environmental Protection Agency (EPA), listing asbestos as a type 1 carcinogen. Asbestos is a toxic chemical found in many rock deposits thought the world. Mined and used heavily through the past century, asbestos is known for its fire resistance and durability. However, in the past few decades asbestos has also become known as the cause of mesothelioma, a rare cancer affecting respiratory system functions.

If asbestos fibers are inhaled they can become lodged in lung tissue, initiating mesothelioma development, a cancerous growth of malignant tumors. These tumors spread irregularly through lung lining or lining of other abdominal cavities, causing no visible signs for decades. Mesothelioma is characterized by this long latency period, lasting for twenty to fifty years. Once symptoms demonstrate, mimicking those of pneumonia or bronchitis, mesothelioma has become so aggressive that patient life expectancy averages only eighteen months.

Mesothelioma treatments are available and include surgeries, chemotherapy and radiation therapy. Often administered in combination, mesothelioma treatments tend to be palliative in nature, attempting to manage pain and extend patient life expectancy.

In response to the Illinois company’s misconduct, an OSHA news statement claimed, “…five unprotected and untrained workers allegedly were required to conduct asbestos removal exposing them to this cancer-causing material.” Asbestos abatement requires specific training and certification. While regulations and licensure may vary from state to state, OSHA and EPA objectives to protect public health and enhance American air quality are always in focus.

The OSHA statement additionally accuses the Illinois company of, “…failing to implement a respirator protection program; failing to use engineering controls and work practices for Class I asbestos work; not conducting asbestos work in regulated areas; and failing to provide hygiene facilities for workers removing the dangerous material.” The statement continued, “A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.”

According to tests done at the site in question, materials being used contained 20 – 50% asbestos, a high toxicity level. Until asbestos exposure, both intentional and accidental, is completely stopped, mesothelioma cases are expected to rise worldwide. With a latency period of several decades, mesothelioma cases and other asbestos related diseases might continue to multiply before peaking.

California jury awards mesothelioma victim

Friday, May 20th, 2011

John Casey has won an asbestos lawsuit against Kaiser Gypsum Company, Inc and FDCC California, Inc, in San Francisco. Following his mesothelioma diagnosis, Casey accused these two corporations of neither warning him, nor protecting him, from mesothelioma’s cause, toxic chemical asbestos.

Casey was employed as a plumber for forty years, during which he worked with and around asbestos containing components. Asbestos fibers, if inhaled, can begin a cancerous growth process of malignant tumors, spreading though lining of lungs and other abdominal cavities, this is called mesothelioma cancer.

Mesothelioma is characterized by a long latency period—typically between twenty and fifty years. During this time patients usually have no idea they have the disease.  Symptoms demonstrate during the last and most aggressive stage of mesothelioma. Symptoms mimic those of bronchitis or pneumonia, making mesothelioma difficult to diagnose. About three thousand Americans suffer with mesothelioma each year, making it a rare cancer and adding to the chance of it being missed by medical professionals. Once a proper diagnosis is made, patients average a life expectancy of just eighteen months.

Although asbestos is considered a type 1 carcinogen by the World Health Organization, it is still used around the world for building and production purposes. While countries such as the US, UK and Australia have regulated asbestos use, many developing countries are using the toxic material with little or no safety precautions. It is these countries that are also less likely to have medical facilities able to diagnose or treat mesothelioma and other asbestos related illnesses.

Mesothelioma treatments include surgery, chemotherapy and radiation therapy. Surgeries are often performed in an effort to remove affected tissue, alleviate pain and aid patient breathing. There is no cure for mesothelioma.

In March, a jury awarded Casey $5 million in loss of consortium, $15 million in non-economic damages, and $1,273,421 for economic damages after finding Kaiser guilty of negligence. Certain building materials Casey used during his employment, provided by Kaiser, contained asbestos and considered defective.

Earlier this month, Kaiser was additionally found guilty of oppression or malice in their treatment and negligence of Casey during his employment. Kaiser was fined $20 million for punitive damages.