An employer's duty to a employee's household contact was the focus of an oral argument recently before the NJ Supreme Court. The NJ Supreme Court reviewed the question, that was certified by the US Third Circuit Court of Appeals, to define the duty and its scope. The household contact, the fiance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure.
Showing posts sorted by date for query mesothelioma. Sort by relevance Show all posts
Showing posts sorted by date for query mesothelioma. Sort by relevance Show all posts
Thursday, May 19, 2016
Sunday, May 1, 2016
US Workers Continue to be Exposed to Asbestos
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| Asbestos Insulation |
Wednesday, April 27, 2016
Privacy: Court Mandates Protective Order for Workers' Compensation Discovery
Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.
Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.
Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.
Friday, April 8, 2016
National Asbestos Awareness Week - US Surgeon General
U.S. Surgeon General Dr. Vivek H. Murthy on National Asbestos Awareness Week
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| Dr. Vivek Murthy US Surgeon General |
National Asbestos Awareness Week is April 1-7 – a good time to remind Americans about the health dangers of asbestos exposure. Asbestos, a natural mineral fiber that is found in rock and soil, was widely used as insulation and fireproofing material in homes, commercial buildings, ships and other products, such as paints and car brakes. In recent years, asbestos use has decreased dramatically after it was linked to illnesses, including lung cancer, mesothelioma, and asbestosis.
Sunday, April 3, 2016
Asbestos Related Deaths in NJ Continue at Record Rates
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| Source: EWG Fund asbestosnation.org/ |
Read more about "mesothelioma" and workers' compensation:
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Feb 9, 2016 ... A recent study indicates that a new physician staging processes by weight and volume of mesothelioma tumors may be helpful in predicting ...
workers-compensation.blogspot.com
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6 days ago ... Fibro Clay, and its causal relationship to mesothelioma, has been ... Malignantmesothelioma cases among primary school teachers are usually ...
workers-compensation.blogspot.com
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Jul 20, 2012 ... An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has ...
workers-compensation.blogspot.com
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Jun 29, 2012 ... Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only ...
workers-compensation.blogspot.com
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Wednesday, March 30, 2016
New safety warnings also added to all prescription opioid medications
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| FDA (Photo credit: Wikipedia) |
FDA announces enhanced warnings for immediate-release opioid pain medications related to risks of misuse, abuse, addiction, overdose and death. New safety warnings also added to all prescription opioid medications to inform prescribers and patients of additional risks related to opioid use.
Monday, March 28, 2016
Pleural mesothelioma reported in a school teacher: asbestos exposure due to DAS paste
The hazardous legacy exposures of school children and art teachers to materials containing asbestos fiber, ie. Fibro Clay, and its causal relationship to mesothelioma, has been reported in a recent medical journal. Today's post is partially shared from ncbi.nlm.nih.gov/pubmed
BACKGROUND:
Malignant mesothelioma cases among primary school teachers are usually linked with asbestos exposure due to the mineral contained in the building structure. Among the approximately 12,000 cases of mesothelioma described in the fourth report of the National Mesothelioma Register, 11 cases of primary school teachers are reported, in spite of the fact that the "catalogue of asbestos use" does not describe circumstances of asbestos exposure other than or different to that due to asbestos contained in the buildings. Four cases in the Brescia Provincial Mesothelioma Register are identified as teachers, without this circumstance of exposure.
Monday, March 21, 2016
Garlock reaches $480 Million settlement on asbestos claims
Garlock plans to emerge from bankruptcy and establish a trust in the amount of $480 Million to pay asbestos claimants and their families. Garlock a member of the EnPro Industries consortium had made asbestos gaskets.Asbestos is a known carcinogen and causally connected with lung cancer, mesothelioma and other malignancies as well as asbestosis.
Thursday, March 3, 2016
Property Developer Pleads Guilty To Exposing Workers To Asbestos During Removal Operations
U.S. Attorney William J. Hochul, Jr., in Rochester, NY, announced today that Anastasios “Taso” Kolokouris, 32, of Avon, NY, pleaded guilty to violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum sentence of five years in prison and a $250,000 fine.
Tuesday, February 9, 2016
New staging of mesothelioma tumors may predict outcome
A recent study indicates that a new physician staging processes by weight and volume of mesothelioma tumors may be helpful in predicting outcome. Mesothelioma is a fatal rare tumor and almost always associated with exposure to asbestos fibers. The development of mesothelioma commonly is diagnosed decades after the initial exposure to asbestos fiber.
Thursday, February 4, 2016
Senator Patrick Leahy Calls For Greater Transparency by Asbestos Companies
Statement of Senator Patrick Leahy Ranking Member, Judiciary Committee Hearing on “The Need for Transparency in the Asbestos Trusts”
Today the Judiciary Committee meets to discuss legislation that purports to promote more transparency in asbestos trusts. Before we get into a detailed discussion about the merits of the proposed legislation, I want to make sure we all remember why we are here today. For decades, millions of American workers were secretly poisoned. Men and women who worked in our Nation’s factories, shipyards, mines and construction sites, and service members in the military, unknowingly inhaled air that was laced with asbestos—a substance so harmful that an individual can become critically ill simply by breathing.
Friday, November 13, 2015
Demolition of Paterson NJ Armory Highlights Present Danger of Asbestos
The emergency demolition of the decades old Paterson NJ Armory, an historic site, highlights that asbestos, a known carcinogen, remains a hazard to workers when older buildings require renovation or demolition.
asbestos remains a clear and present danger to workers. Despite the fact that asbestos may not be used as a new construction material,
Asbestos, a naturally occurring mineral, was used for years as a construction material because of its fire retardant and heat insulation properties.
The hazards of asbestos are well known. Exposure to asbestos may cause the latent development of: asbestosis, lung cancer and mesothelioma.
The Paterson NJ Armory caught fire several days ago and resulted in a major North Jersey fire alarm requiring the participation of firefighters to be called in from multiple jurisdictions to be be brought under control. Unable to reach and extinguish some parts of the fire, the Paterson Fire Department ordered that the historic building be demolished on an emergency basis.
Despite the knowledge of the fatal hazards of asbestos use, it has yet to be banned in the United States.
Asbestos, a naturally occurring mineral, was used for years as a construction material because of its fire retardant and heat insulation properties.
The hazards of asbestos are well known. Exposure to asbestos may cause the latent development of: asbestosis, lung cancer and mesothelioma.
The Paterson NJ Armory caught fire several days ago and resulted in a major North Jersey fire alarm requiring the participation of firefighters to be called in from multiple jurisdictions to be be brought under control. Unable to reach and extinguish some parts of the fire, the Paterson Fire Department ordered that the historic building be demolished on an emergency basis.
Despite the knowledge of the fatal hazards of asbestos use, it has yet to be banned in the United States.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.
Saturday, July 11, 2015
Perspectives in Biological Monitoring of Inhaled Nanosized Particles
In this review, the authors synthesize published data of experimental studies on the distribution of inhaled nanoparticles and the first case reports to discuss the potential usefulness of their biological monitoring for clinical purposes.
Toxicokinetic studies suggest that nanoparticles may be absorbed predominantly by respiratory and oral routes with possible systemic translocation, leading to accumulation in the peripheral organs or excretion in feces or urine.
Some methods used in these studies may be applied successfully in retrospective evaluation of exposure or in follow-up of occupational exposure in the workplace. Biological monitoring of nanoparticles should be based on imaging methods that are essential to confirm their presence and to characterize them in tissue associated with analytical quantitative methods.
The first case reports reviewed emphasize the urgent need for the development of standardized procedures for the preparation and analysis of biological samples with a view to characterizing and quantifying nanoparticles.
Wednesday, June 24, 2015
US EPA Report Calls For Better Regulation of Demolition of Asbestos Containing Buldings
Wednesday, May 6, 2015
Professor John F Burton Jr: Illinois Proposed Changes Are Obectionable
The former chair of the 1972 National Commission on Workers' Compensation told the Illinois legislature yesterday that the proposed changes to the Illinois Workers' Compensation Act will degrade the system and reduce benefits to injured workers. Profession Emeritis John F. Burton, Jr., yesterday presented a statement to the Committee of the Whole before the Illinois House of Representatives.
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| Professor John F. Burton Jr. |
Friday, May 1, 2015
WHO Reports Widespread Asbestos Exposure Continues In Europe
WHO (Photo credit: Wikipedia)
The WHO (UN World Health Organization) reports that 1 in every 3 Europeans are still exposed to asbestos.
"We cannot afford losing almost 15 000 lives a year in Europe, especially workers, from diseases caused by exposure to asbestos. Every death from asbestos-related diseases is avoidable," says Dr Zsuzsanna Jakab, WHO Regional Director for Europe. "We urge all countries to leave the Haifa meeting to fulfil their 2010 commitment and develop policies by the end of this year that will eliminate asbestos-related diseases from the face of Europe. There is very little time left for that."
Elimination of asbestos-related diseases was one of the major issues discussed at the Haifa meeting. Over 200 representatives of European countries and international and nongovernmental organizations attended the meeting to evaluate overall progress on environment and health in Europe.
An "eye-opener" report: progress toward the elimination of asbestos-related diseases
The report Progress toward the elimination of asbestos-related diseases, presented at the meeting, indicates that asbestos, a group of natural fibrous minerals, is responsible for about half of all deaths from cancers developed at work. According to new estimates, deaths from mesothelioma in 15 European countries cost society more than 1.5 billion euros annually (see table in Annex).
While 37 of the 53 Member States in the Region have banned the use of all forms of asbestos, the remaining 16 countries still use asbestos, especially for building materials, and some continue to produce and export it. Even after its use has ceased, asbestos lingers in the environment, so it needs to be safely removed and disposed without delay.
"Asbestos is known as a silent killer as health disorders from exposure to it usually appear after several decades. This means that many more people are expected to fall sick and die in the coming years throughout Europe", says Dr Guénaël Rodier, Director, Division of Communicable Diseases, Health Security and Environment. "This new report assesses how far European countries have got in eliminating asbestos-related diseases and provides recommendations for the future."
In one week, the Chemical Review Committee of the Rotterdam Convention will consider listing chrysotile or white asbestos, the most common form of asbestos, among the substances for which importing countries have to give their consent to the exporting party for the trade to occur.
"Elimination of asbestos-related diseases is a priority for Israel. Already in 2011 we have passed a law prohibiting the use of new asbestos, requesting removal of existing friable asbestos and guiding disposal of asbestos cement,", says Mr David Leffler, Director-General, Ministry of Environmental Protection for Israel. "An asbestos waste removal project is conducted in Western Galilee where by December 2014, 80 thousand cubic meters of waste were cleaned in 221 sites. Databases on asbestos-related diseases are considered key to monitor asbestos' health effects and are regularly maintained."
Paving the way ahead for better environment and health in Europe
All European countries present at the meeting renewed their pledges to work towards meeting the time-bound targets they adopted in 2010. This includes concrete steps to:
strengthen or establish partnerships with different stakeholders and processes, and utilize already existing policy instruments and tools;
- enhance the understanding and use of economic arguments to support action on environment and health; and
- harmonize with the forthcoming post-2015 sustainable development agenda.
They also agreed to address the environment and health challenges of the 21st century posed by:
complex risk factors: air, water, waste or chemicals;
complex systems of direct relevance to environment and health: food, energy or cities; and
matters of international environment and health security: disasters and climate change.
The conclusions of the high-level meeting in Haifa are an important milestone in the run up to the Sixth Ministerial Conference on Environment and Health planned for 2017.
The 16 countries that have not yet banned all forms of asbestos are: Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Georgia, Kazakhstan, Kyrgyzstan, Monaco, the Republic of Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.
The five time-bound targets adopted by countries in the European Region in 2010 are to: provide safe water and sanitation to all children by 2020; create healthy and safe environments for children in their daily life by 2020; make children's indoor environments free from tobacco smoke by 2015; safeguard children's environments from toxic chemicals by 2015; develop policies to eliminate asbestos-related diseases by 2015.
The seventh meeting of the Conference of the Parties to the Rotterdam Convention (RC COP-7) will be held from 4 to 15 May 2015, back-to-back with the twelfth meeting of the Conference of the Parties to the Basel Convention (BC COP-12) and the seventh meeting of the Conference of the Parties to the Stockholm Convention (SC COP-7).
Saturday, April 25, 2015
Medical Costs: Why Target the Drug Industry Now
The pharmaceutical industry may indeed be a major factor in the future success of reducing workers' compensation treatment costs and improve the success rate of care. Such action will reduce the cost of medical treatment and likewise reduce permanent disability awards.
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Merck Announces Results from Phase 2/3 Study of Investigational Chronic Hepatitis C Therapy Grazoprevir/Elbasvir in Patients with Advanced Chronic Kidney Disease
This week several landmark announcements were made regarding the treatment of mesothelioma and Hepatitis C. The pharmaceutical industry is making great strides if treatment and cure.
Perhaps targeting the drug industry at this time merely to reduce costs is short sighted. The entire program needs to be encouraged.
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Merck Announces Results from Phase 2/3 Study of Investigational Chronic Hepatitis C Therapy Grazoprevir/Elbasvir in Patients with Advanced Chronic Kidney Disease
Thursday, April 23, 2015
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Today's post is shared from finance.yahoo.com/news
Aduro Biotech, Inc. today announced that the Office of Orphan Product Development of the U.S. Food and Drug Administration (FDA) has granted orphan drug designation to CRS-207, a novel immuno-oncology product candidate, for the treatment of mesothelioma. This designation potentially allows Aduro seven years of limited marketing exclusivity in the United States if it is the first to obtain FDA marketing approval for mesothelioma, and qualifies the company for grant funding to offset the cost of clinical testing as well as tax credits for certain research and a waiver of the Biologics License Application user fee. The FDA previously granted orphan designation to CRS-207 and GVAX Pancreas for the treatment of pancreatic cancer.
“This is an important step for Aduro as we continue to develop CRS-207 for this very difficult to treat cancer,” said Dirk Brockstedt, Ph.D., senior vice president of research and development at Aduro. “We believe the combination of CRS-207 together with chemotherapy may offer the promise of a potential new therapeutic regimen for patients suffering from mesothelioma. Importantly, we plan to report additional data from the ongoing Phase 1b study later this year.”
Click here to read the entire article
Aduro Biotech, Inc. today announced that the Office of Orphan Product Development of the U.S. Food and Drug Administration (FDA) has granted orphan drug designation to CRS-207, a novel immuno-oncology product candidate, for the treatment of mesothelioma. This designation potentially allows Aduro seven years of limited marketing exclusivity in the United States if it is the first to obtain FDA marketing approval for mesothelioma, and qualifies the company for grant funding to offset the cost of clinical testing as well as tax credits for certain research and a waiver of the Biologics License Application user fee. The FDA previously granted orphan designation to CRS-207 and GVAX Pancreas for the treatment of pancreatic cancer.
“This is an important step for Aduro as we continue to develop CRS-207 for this very difficult to treat cancer,” said Dirk Brockstedt, Ph.D., senior vice president of research and development at Aduro. “We believe the combination of CRS-207 together with chemotherapy may offer the promise of a potential new therapeutic regimen for patients suffering from mesothelioma. Importantly, we plan to report additional data from the ongoing Phase 1b study later this year.”
Click here to read the entire article
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.
Sunday, March 29, 2015
National Asbestos Awareness Week, April 1 to 7, 2015
Designating the first week of April 2015 as ‘‘National Asbestos Awareness Week’’
IN THE SENATE OF THE UNITED STATES
Mr. MARKEY (for himself, Mrs. BOXER, Mr. DURBIN, Mrs. MURRAY, Mr.
CARDIN, Mrs. FEINSTEIN, Mr. REID, Mr. TESTER, Mr. ISAKSON, Mr.
SCHUMER, Ms. WARREN, Mr. DAINES, Mr. BOOKER, Mr. CRAPO, and
Mrs. GILLIBRAND)
RESOLUTION
Designating the first week of April 2015 as ‘‘National
Asbestos Awareness Week’’.
Whereas dangerous asbestos fibers are invisible and cannot
be smelled or tasted;
Whereas the inhalation of airborne asbestos fibers can cause
significant damage;
Whereas asbestos fibers can cause cancer such as mesothelioma,
asbestosis, and other health problems;
Whereas symptoms of asbestos-related diseases can take 10
to 50 years to present themselves;
Whereas the projected life expectancy for an individual diagnosed
with mesothelioma is between 6 and 24 months;
Whereas generally, little is known about late-stage treatment
of asbestos-related diseases, and there is no cure for such
diseases;
Whereas early detection of asbestos-related diseases may give
some patients increased treatment options and might improve
their prognoses;
Whereas the United States has substantially reduced its consumption
of asbestos, yet continues to consume hundreds
of metric tons of the fibrous mineral each year for use
in certain products throughout the United States;
Whereas asbestos-related diseases have killed thousands of
people in the United States;
Whereas while exposure to asbestos continues, safety and prevention
of asbestos exposure already has significantly reduced
the incidence of asbestos-related diseases and can further reduce
the incidence of such diseases;
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.
Saturday, March 28, 2015
Mesothelioma Award for Household Contact of Talc Worker Upheld for $1.6
A $1.6 Million award for a household contact of an asbestos worker was affirmed by a NJ Court of Appeals. The child of a Shulton employee was exposed to talc (Old Spice Talcum Powder) containing asbestos when the father brought home asbestos dust.
"In July 2012, plaintiffs Steven G. Kaenzig and Linda Kaenzig filed an asbestos litigation complaint asserting claims of negligence and products liability against several defendants, including Whittaker, Clark & Daniels, Inc. (defendant).1 Defendant was the primary supplier of raw talc to Shulton, Inc., the company that owned the Mays Landing facility (the facility) where the asbestos-contaminated Old Spice and Desert Flower talcum powder was produced. Plaintiffs alleged that Steven contracted mesothelioma as a result of his exposure to the talc, through contact with his father, who worked at the facility from 1967 to 1975.
"Defendant filed several pretrial motions, including a motion to compel plaintiffs to produce testing data and reports prepared by an expert, whom plaintiffs had consulted but did not intend to call at trial, on three "vintage" samples of Old Spice and Desert Flower talcum powder products. The judge denied the motion, but ordered plaintiffs to provide defendant with the samples. The judge also denied defendant's motions to exclude testimony by plaintiffs' experts Sean Fitzgerald, a geologist, and Jacqueline Moline, M.D., but barred Fitzgerald's testimony as to his testing of the "vintage" samples he had received from the non-testifying consulting expert.
"Following a trial in October and November 2013, a jury awarded plaintiffs $1.6 million in compensatory damages. On appeal, defendant challenges several pretrial and trial evidentiary rulings, and the denial of its motions for judgment notwithstanding the verdict (JNOV) and a new trial. After reviewing the record in light of the contentions advanced on appeal, we affirm.
STEVEN G. KAENZIG v. CHARLES B. CHRYSTAL COMPANY INC.
"In July 2012, plaintiffs Steven G. Kaenzig and Linda Kaenzig filed an asbestos litigation complaint asserting claims of negligence and products liability against several defendants, including Whittaker, Clark & Daniels, Inc. (defendant).1 Defendant was the primary supplier of raw talc to Shulton, Inc., the company that owned the Mays Landing facility (the facility) where the asbestos-contaminated Old Spice and Desert Flower talcum powder was produced. Plaintiffs alleged that Steven contracted mesothelioma as a result of his exposure to the talc, through contact with his father, who worked at the facility from 1967 to 1975.
"Defendant filed several pretrial motions, including a motion to compel plaintiffs to produce testing data and reports prepared by an expert, whom plaintiffs had consulted but did not intend to call at trial, on three "vintage" samples of Old Spice and Desert Flower talcum powder products. The judge denied the motion, but ordered plaintiffs to provide defendant with the samples. The judge also denied defendant's motions to exclude testimony by plaintiffs' experts Sean Fitzgerald, a geologist, and Jacqueline Moline, M.D., but barred Fitzgerald's testimony as to his testing of the "vintage" samples he had received from the non-testifying consulting expert.
"Following a trial in October and November 2013, a jury awarded plaintiffs $1.6 million in compensatory damages. On appeal, defendant challenges several pretrial and trial evidentiary rulings, and the denial of its motions for judgment notwithstanding the verdict (JNOV) and a new trial. After reviewing the record in light of the contentions advanced on appeal, we affirm.
STEVEN G. KAENZIG v. CHARLES B. CHRYSTAL COMPANY INC.
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