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Sunday, May 8, 2011

Largest Verdict in US Asbestos History $322 Million Awarded by a Jury

A Mississippi jury has awarded a worker injured by asbestos $322 Million last week. This is the largest single asbestos award in the history.

The worker filed claims against Chevron Phillips Chemical (CP Chem and Carbide Corporation. He was employed in the oil fields in 1979 (at age 16) and mid 1980's and exposed to asbestos fiber. The worker was diagnosed with asbestosis, a progressive lung disease, caused by the exposure to asbestos fiber.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. Asbestos is one of the modern world’s most historic occupational medical disasters. Not only is it well documented, it continues not to be banned in the US.

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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Saturday, August 28, 2010

There is No Good Asbestos -- It Is All a Killer

Chrysotile Asbestos and Mesothelioma

Article

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References

Richard A. Lemen

Assistant Surgeon General, U.S. Public Health Service (retired), National Institute for Occupational Safety and Health (retired), Canton, Georgia, E-mail: richard@ralemen.org

Citation: Lemen RA 2010. Chrysotile Asbestos and Mesothelioma. Environ Health Perspect 118:a282-a282. doi:10.1289/ehp.1002446

Online: 01 July 2010

Editor’s Note: We appreciate Lemen’s concern about the incorrect statement that was included in the original Editor’s Summary for Tse et al. (2010), and we regret the error. The Editor’s Summary has been corrected in the online version of the paper, and an erratum was published in the June issue of EHP [118:A240 (2010)]; the text of the erratum is included below:

The Editor’s Summary for the article “Are Current or Future Mesothelioma Epidemics in Hong Kong the Tragic Legacy of Uncontrolled Use of Asbestos in the Past?” by Tse et al. [Environ Health Perspect 118:382–386 (2010); doi:10.1289/ehp.0900868], has been corrected online: specifically, “(which has been implicated but not conclusively established as a cause of mesothelioma)” has been deleted.

The author testifies in asbestos litigation on behalf of plaintiffs.

The Editor’s Summary for the article by Tse et al. (2010) stated the following:

Assuming an average latency of 42 years, the authors predict that incidence rates will peak in 2009 and that diagnoses will peak in 2014. However, they caution that ongoing use of chrysotile asbestos (which has been implicated but not conclusively established as a cause of mesothelioma) and the release of asbestos fibers from older buildings during demolition or renovation may slow the projected decline.

The statement concerning chrysotile asbestos being “implicated but not conclusively established as a cause of mesothelioma” is inconsistent with current scientific opinion. I refer you to the most recent evaluation by the International Agency for Research on Cancer in which Straif et al. (2009) stated,

Epidemiological evidence has increasingly shown an association of all forms of asbestos (chrysotile, crocidolite, amosite, tremolite, actinolite, and anthophyllite) with an increased risk of lung cancer and mesothelioma. Although the potency differences with respect to lung cancer or mesothelioma for fibres of various types and dimensions are debated, the fundamental conclusion is that all forms of asbestos are “carcinogenic to humans” (Group 1).

In addition, opinions such as that expressed in the Editor’s Summary are advanced only by scientists with prochrysotile industry bias.

When I wrote the draft for the first IARC Monograph on asbestos in 1976, which the expert committee accepted and published in 1977 as IARC Monograph Volume 14, a similar conclusion was stated: “Many pleural and peritoneal mesotheliomas have been observed after occupational exposure to crocidolite, amosite and chrysotile.” Since then—more than 30 years—science has not changed its opinion that all forms of asbestos, including chrysotile, cause mesothelioma.

In fact, in the article that is the subject of the Editor’s Summary, Tse et al. (2010) did not indicate that chrysotile is not a cause of mesothelioma; on the contrary, they stated the following:

Although the mesothelioma incidence is anticipated to decline in the coming decades, it may not decrease to background risk levels given that chrysotile consumption has not been banned under the current legislation and that secondary asbestos exposure from the environment will likely continue. Nevertheless, the hypotheses generated from this ecologic study need further confirmation by subsequent analytic studies. The present study provides supportive evidence for an immediate and global ban on asbestos use.

I hope that future Editor’s Summaries will reflect the conclusions of the article and not put forth statements that are not supported by mainstream science. I also support the conclusion of Tse e al. (2010) for “an immediate and global ban on asbestos use.”

References Top

IARC 1977. Asbestos. IARC Monogr Eval Carcinog Risk Hum 14: 1–106. FIND THIS ARTICLE ONLINE
Straif K, Benbrahim-Tallaa L, Baan R, Grosse Y, Secretan B, El Ghissassi F, et al. 2009. A review of human carcinogens—part C: metals, arsenic, dusts, and fibres. Lancet Oncol 10: 453. –454. FIND THIS ARTICLE ONLINE
Tse LA, Yu IT, Goggins W, Clements M, Wang XR, Au JS, et al. 2010. Are current or future mesothelioma epidemics in Hong Kong the tragic legacy of uncontrolled use of asbestos in the past? Environ Health Perspect 118: 382–386. FIND THIS ARTICLE ONLINE

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.

Saturday, April 16, 2011

Asbestos Contaminates 772 New York City Schools

The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating the schools is was discovered while the City was attempting to remove lighting at the school.

WNYC, Public Radio in NY reported that, Deputy Chancellor Kathleen Grimm told a City Council committee said, "Asbestos comes with its own special rules and containment procedures," She said it can only be removed on weekends and holidays, not evenings "because we have to actually contain the area, and make sure that we're removing it properly and disposing of it properly." It is anticipated that it will take 10 years to remove the asbestos from the schools.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. Asbestos is one of the modern world’s most historic occupational medical disasters. Not only is it well documented, it continues not to be banned in the US.

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 work related accidents and injuries.

Monday, July 11, 2011

Better Control Over Asbestos Contaminated Sites Required

Senator Max Baucus (MT)

The recent discovery of the spread of asbestos contamination in Libby MT, which had been declared a Public Health Emergency, is shocking. Asbestos, a known carcinogen, associated with mesothelioma, is reportedly still lingering throughout the community.

Montana's senior U.S. Senator Max Baucus vowed to find answers regarding reports today of asbestos-contaminated bark and wood chips being sold in Libby, MT and beyond.

"We've made tremendous strides in the effort to help Libby heal with health care and environmental cleanup. But trust is essential to Libby's ability to heal psychologically and economically. Now it appears EPA's actions may have put that trust in jeopardy, so you can bet I'll be holding EPA's feet to the fire to find out exactly what they knew, when they knew it, and whether action is needed to ensure the safety of folks in Libby and across the country who were exposed to this bark," Baucus said. "The people of Libby have already been poisoned in the name of greed and I won't allow them to be victimized again because of negligence. We need to work together to make sure safety information is complete and transparent so the community can move forward and create jobs with faith in the agencies and processes that are supposed to protect them."

Since news reports first linked widespread deaths and illness to exposure to deadly asbestos fibers at the defunct W.R Grace and Co. mine, Baucus has visited Libby more than 20 times, secured millions for healthcare and cleanup, brought numerous White House cabinet secretaries to the town, helped save the CARD clinic, and has dogged the EPA to keep cleanup efforts moving forward.

As far back as 1999, Baucus wrote a letter to then Secretary of Health and Human Services Donna Shalala requesting immediate medical help and assistance to the area. He further lambasted the EPA's decision to not declare a Public Health Emergency, calling it an "outrage."

In 2008, Baucus released a report detailing a 2002 attempt by the EPA to declare a Public Health Emergency in Libby that was thwarted by the previous Administration's Office of Management and Budget. And on June 17, 2009, due in large part to Baucus' efforts, the EPA declared its first ever public health emergency in Libby, Montana.

Earlier this year Baucus was announced as the 2011 Tribute of Hope Award recipient by the Asbestos Disease Awareness Organization (ADAO) for his tireless efforts fighting on behalf of residents of Libby, Lincoln County and Asbestos victims everywhere. In March, the Senate unanimously passed Baucus' resolution to designate the first week of April 2011 as "Asbestos Awareness Week," and call attention to Libby and other victims of asbestos-related disease.

The continued spread of this contamination is yet another reason why the US must finally ban asbestos entirely.

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