Petition Aims to Build First Federally Funded Mesothelioma Program

Helping asbestos victims may become a Federal effort. Today's post was shared by Linda Reinstein and comes from www.asbestos.com

As the youngest person to become chief of Naval Operations, Admiral Elmo Zumwalt played a major role in U.S. military history -- a war hero whose service spanned World War II, Korea and Vietnam. It's only appropriate that the Mesothelioma Center for Excellence at the VA West Los Angeles Medical Center is adopting his name. Zumwalt died from pleural mesothelioma cancer almost 14 years ago, an ending that far too many veterans have suffered, stemming from the once-extensive use of asbestos in the armed forces. His life was dedicated to those who bravely served their country. Now his memory will be, too. If the efforts to become the first federally funded mesothelioma program are successful, the Elmo Zumwalt Treatment & Research Center in Los Angeles is expected to blossom and become a premier destination for veterans battling this disease. "These (veterans) are our heroes. They've given so much of themselves. They deserve the best care we can give them, particularly with this disease," said Clare Cameron, executive director of the nearby Pacific Heart, Lung and Blood Institute. "I think it is so important to take care of them now. They have earned that right." Help With Petition Signatures Cameron has been gathering petition signatures supporting efforts by the West Los Angeles VA and the Zumwalt family. She will present the petition early in 2014 to Robert Petzel, M.D., Under Secretary for Health for the U.S....

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New Test Announced for Early Detection of Asbestos Related Lung Cancer

Researchers at NYU Langone Medical Center have investigated a novel protein test to detect early-stage, asbestos-related pulmonary cancer. The test can accurately identify proteins secreted from cancerous tumors caused by asbestos exposure. The study was presented at the American Association for Cancer Research 102nd Annual Meeting 2011 on April 4th.

In a blinded test performed under the sponsorship of the National Cancer Institute's Early Detection Research Network Biomarker Discovery Lab, researchers detected 15 of 19 cases of stage 1 or stage 2 malignant pleural mesothelioma. The study shows the test is approximately 80 percent sensitive in identifying disease. In addition, the specificity of the test was 100 percent with no false positives.

Malignant pleural mesothelioma is an aggressive, asbestos-related pulmonary cancer that develops in the lining of the lungs. Each year, the disease causes an estimated 15,000 to 20,000 deaths worldwide. It can be fatal within 14 months following diagnosis because of the advanced stage that it is typically found.

The goal of a new diagnostic test is to find the cancer early enough to effectively treat it, according to Harvey I. Pass, MD, director of the Division of Thoracic Surgery and Thoracic Oncology at NYU Langone Medical Center and the NYU Cancer Institute.

"The only patients that seem to benefit from therapy in mesothelioma are those that are found in stage 1, and this is only 10 to 15 percent of patients," said lead researcher Dr. Pass. "Moreover, when found early, the magnitude of the operation necessary to reduce the burden of disease may be less, making the patient better able to cope if the disease recurs and the patient needs more aggressive therapy."

The research team used the "Multiplex SOMAmer Assay" by SomaLogic, Inc. to examine 170 blood samples from 90 patients diagnosed with malignant mesothelioma and 80 participants who were previously exposed to asbestos. The technology uses SOMAmers, chemically modified single-stranded DNA molecules to bind specifically to target proteins , to identify and quantify biomarkers.

According to Dr. Pass, this test measures 19 protein biomarkers for malignant pleural mesothelioma and is able to find and quantify the small amount of proteins secreted by tumor cells. Ongoing studies are refining the test and validating the results in other patient blood samples.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

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That time Big Tobacco sold asbestos as the "Greatest Health Protection in Cigarette History"

Today's post was shared by FairWarning and comes from www.motherjones.com

It's hard to think of anything more reckless than adding a deadly carcinogen to a product that already causes cancer—and then bragging about the health benefits. Yet that's precisely what Lorillard Tobacco did 60 years ago when it introduced Kent cigarettes, whose patented 'Micronite" filter contained a particularly virulent form of asbestos. Smokers puffed their way through 13 billion Kents between March 1952 and May 1956, when Lorillard changed the filter design. Six decades later, the legal fallout continues—just last month, a Florida jury awarded more than $3.5 million in damages to a former Kent smoker stricken with mesothelioma, an extremely rare and deadly asbestos-related cancer that typically shows up decades after the initial exposures. Lorillard and Hollingsworth & Vose, the company that supplied the asbestos filter material, face numerous claims from mesothelioma sufferers, both factory workers who produced the cigarettes or filter material and former smokers who say they inhaled the microscopic fibers. (The companies insist that hardly any fibers escaped.) There's been a burst of new lawsuits in the last few years, according to SEC filings, possibly because a mesothelioma patient these days is almost certain to be asked by his doctor or lawyer, "Did you happen to smoke Kents in the 1950s?" While there's no official count, records and interviews suggest that mesothelioma claims since the 1980s number in the low hundreds at least. ...

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Minimum Latency & Types or Categories of Cancer Revised for WTC Program

The WTC Program Administrator has determined minimum latencies for the following five types or categories of cancer eligible for coverage in the WTC Health Program:

(1) Mesothelioma—11 years, based on direct observation after exposure to mixed forms of asbestos;

(2) All solid cancers (other than mesothelioma, lymphoproliferative, thyroid, and childhood cancers)—4 years, based on low estimates used for lifetime risk modeling of low-level ionizing radiation studies;

(3) Lymphoproliferative and hematopoietic cancers (including all types of leukemia and lymphoma)—0.4 years (equivalent to 146 days), based on low estimates used for lifetime risk modeling of low-level ionizing radiation studies;

(4) Thyroid cancer—2.5 years, based on low estimates used for lifetime risk modeling of low level ionizing radiation studies; and

(5) Childhood cancers (other than lymphoproliferative and hematopoietic cancers)—1 year, based on the National Academy of Sciences findings.

According to the James Zadroga 9/11 Health and Compensation Act of 2010 ("Act") (42 U.S.C. §§ 300mm to 300mm-61), a determination that an individual's 9/11 exposure is substantially likely to be a significant factor in aggravating, contributing to, or causing an individual’s health condition must be made based on an assessment of the following: (1) the individual's exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the terrorist attacks; and (2) the type of symptoms and temporal sequence of symptoms (42 U.S.C. § 300mm-22(a)(2)). With regard to the temporal sequence of symptoms, cancers do not occur immediately after exposure to a causative agent and they usually take many years up to several decades to manifest clinically.
Click here to read the entire revised policy. (1/6/2015)

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Asbestos, Railroads and The US Supreme Court

For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. This month, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.


The initial claims for asbestos related diseases were filed as workers' compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed.


As a result of the long latency period from exposure to asbestos fiber to disease manifestation, the claims continue to be filed on behalf of former workers and their estates. While the exposures are usually multi-faceted, the issue regarding which law will cover railroad claims remains unresolved.


Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, No. 10-879.

US Supreme Court Opinion

SCOTUSblog Coverage

• Argument recap: Contending with old precedent
• Argument preview: Preemption under the Locomotive Inspection Act

Briefs and Documents

Merits Briefs for Petitioners

• Brief for Gloria Gail Kurns et al.
• Reply brief for Gloria Gail Kurns et al.

Amicus Briefs in Support of the Petitioners

• Brief for the Academy of Rail Labor Attorneys
• Brief for the American Association for Justice
• Brief for the National Association of Retired and Veteran Railway Employees
• Brief for Public Justice, P.C.
• Brief for Public Law Scholars
• Brief for the United States

Merits Briefs for the Respondents

• Brief for Railroad Friction Products Corp. and Viad Corp.

Amicus Briefs in Support of the Respondents

• Brief for Thyssenkrupp Budd Company 
• Brief for the National Association of Manufacturers 
• Brief for General Electric Corporation 
• Brief for John Crane Inc. 
• Brief for Chamber of Commerce
• Brief for the Washington Legal Foundation
• Brief for DRI-The Voice of the Defense Bar 
• Brief for Griffin Wheel Company 
• Brief for the Association of American Railroads

Certiorari-stage Documents

• Petition for certiorari
• Brief in opposition for Railroad Friction Products Corp. (unavailable)
• Response to petition for VIAD
• Supplemental brief for respondent VIAD
• Supplemental brief for respondent Railroad Friction Products Corp. 

The supplemental briefs in this case make reference to the Solicitor General's brief in Crane v. Atwell, which is available here.    

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.


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Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death

The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.

IMIG 2014: Mesothelioma: Cancer stem cells by defactinib, a novel inhibitor of FAK

Paul Baas summarizes evidence from studies showing specific targeting of cancer stem cells by defactinib, a novel inhibitor of FAK.

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NIOSH Announces That 9/11 Cancers Are to be Covered Under Zadroga Act

The National Institute for Occupational Health and Safety today announce publication of a Rule that will allow for medical treatment coverage for 9/11 cancers suffered by 1st responders and residents of lower Manhattan as a result of September 11, 2001 attack on the World Trade Center.


"This rule modifies the List of WTC-Related Health Conditions 
in 42 CFR 88.1 to add the following conditions (types of cancer 
identified by ICD-10 code are specified in the discussion 
below): 
▪  Malignant neoplasms of the lip, tongue, salivary gland, 
floor of mouth, gum and other mouth, tonsil, oropharynx, 
hypopharynx, and other oral cavity and pharynx 
▪  Malignant neoplasm of the nasopharynx  
▪  Malignant neoplasms of the nose, nasal cavity, middle 
ear, and accessory sinuses 
▪  Malignant neoplasm of the larynx  
▪  Malignant neoplasm of the esophagus 
▪  Malignant neoplasm of the stomach 
▪  Malignant neoplasm of the colon and rectum 
▪  Malignant neoplasm of the liver and intrahepatic bile 
duct 
▪  Malignant neoplasms of the retroperitoneum and 
peritoneum, omentum, and mesentery 6 
▪  Malignant neoplasms of the trachea; bronchus and lung; 
heart, mediastinum and pleura; and other ill-defined 
sites in the respiratory system and intrathoracic organs 
▪  Mesothelioma 
▪  Malignant neoplasms of the soft tissues (sarcomas) 
▪  Malignant neoplasms of the skin (melanoma and nonmelanoma), including scrotal cancer 
▪  Malignant neoplasm of the breast 
▪  Malignant neoplasm of the ovary  
▪  Malignant neoplasm of the urinary bladder 
▪  Malignant neoplasm of the kidney 
▪  Malignant neoplasms of renal pelvis, ureter and other 
urinary organs 
▪  Malignant neoplasms of the eye and orbit 
▪  Malignant neoplasm of the thyroid 
▪  Malignant neoplasms of the blood and lymphoid tissues 
(including, but not limited to, lymphoma, leukemia, and 
myeloma) 
▪  Childhood cancers 
▪  Rare cancers  
    The Administrator developed a hierarchy of methods (detailed 
in Section IV of this preamble) for determining which cancers to 7 
propose for inclusion on the List of WTC-Related Health 
Conditions. "

Zadroga Benefits Proposed By NIOSH for Some Cancers

Mar 29, 2012

Zadroga Benefits Proposed By NIOSH for Some Cancers. A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, ...

http://workers-compensation.blogspot.com/

50 Cancers To Be Covered Under the 9-11 Zadroga Health Claim ...

Jun 08, 2012

The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.

http://workers-compensation.blogspot.com/

Zadroga Benefits Should Cover Cancer Claims for 9-11 Victims

Feb 08, 2012

Jon Stewart advocates for the Zadroga 9-11 Bill to cover cancer claims. The legislation enacted over a year ago provides benefits for those who were in the vicinity of the World Trade Center on September 11, 2001.

http://workers-compensation.blogspot.com/

Workers' Compensation: Mesothelioma Rates Continue to be High

Jun 29, 2012

Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only well-established risk factor for mesothelioma is exposure to asbestos fibers. Prior asbestos ...

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Asbestos Cement Factories Pose High Risk Mesothelioma

Jul 20, 2012

An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...

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.....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Talc-Based Cosmetics Test Positive for Asbestos

Laboratory tests of talc-based cosmetics products, commissioned by the Environmental Working Group, found asbestos – a deadly human carcinogen for which there is no safe level of exposure – in almost 15 percent of samples. 

Veterans at Increased Risk for Mesothelioma

The US Department of Veterans Affairs  has now recognized that veterans may be at an increased risk for the development of mesothelioma, a cancer associated with exposure to asbestos fiber. The government has announced that during World War II, several million people employed in the U.S. shipyards. U.S. Navy Veterans were exposed to amosite and crocidolite since these varieties were used extensively in military construction.

How Veterans Have Been Exposed to Asbestos during Military Service

Veterans who served in some of the following major occupations may have been exposed to asbestos:

• Mining
• Milling
• Shipyard work
• Insulation work
• Demolition of old buildings
• Carpentry and construction
• Manufacture and servicing of friction products, such as clutch facings and brake linings
• Manufacture and installation of products, such as roofing and flooring materials, asbestos cement sheet and pipe products, and military equipment

Health Problems Associated with Exposure to Asbestos

Breathing asbestos mainly causes problems in the lungs and the membrane that surrounds the lungs, including:

• Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
• Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
• Cancer - The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum).

 The VA has indicated that exposed veterans may be eligible for governmental benefits including: Health Care Benefits, Disability Compensation Benefits, and other benefits including home loans, vocational rehabilitation and education.

Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

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