Posts Tagged ‘mesothelioma attorney dallas’

New Asbestos Research to Study Molecular Changes

Wednesday, May 26th, 2010

Prof. Pfau in her laboratory

The U.S. National Institutes of Health has awarded a $191,962 grant to an Idaho State University professor to explore the health effects of asbestos at the cellular level. “We’re trying to understand the way asbestos affects the immune system leading to systemic autoimmune disorders, such as lupus,” says Jean Pfau, assistant professor of biological sciences at Idaho State.

The grant, titled “The Role of System xc in Asbestos Induced Autoimmune Responses” funded by the National Institute of Environmental Health Sciences will last two years.

Inhalation of asbestos fibers can cause cancer in humans including lung cancer and malignant mesothelioma, a cancer of the lining of the lung. Professor Pfau is of the opinion that tremolite asbestos found in Libby, Montana may, in addition to causing cancer, also be linked to increased autoimmune diseases. Autoimmune diseases arise from an overactive immune response of the body against substances and tissues normally present in the body. In other words, the body actually attacks its own cells. The immune system mistakes some part of the body as a pathogen and attacks it.

With respect to asbestos, the cells that first encounter asbestos after exposure are white blood cells called macrophages. Pfau believes that macrophages may use glutamate to signal the immune system to react. Pfau theorizes that after asbestos contaminant exposure, the macrophages engage in mistaken signaling, causing the immune system to become overactive and produce excessive antibodies, creating diseases such as lupus. She will look at how different forms of asbestos affect the immune system. All forms of asbestos cause cancer in humans. However, the exact correlation between asbestos fiber types and autoimmune disorders remains largely unknown.

Oilfield Worker Exposed to Asbestos Wins Verdict

Wednesday, April 28th, 2010

Drilling Mud

Earlier this month, a Mississippi jury awarded $15 million to a 71 year-old oilfield worker who developed asbestosis after years of handling asbestos drilling mud additives. The case is only the third to go to trial of over 700 pending cases involving roughnecks, roustabouts, derrick men and other oilfield trades who developed lung cancer, asbestosis or mesothelioma after handling asbestos containing drilling mud additives.

During the drilling process, a mud circulation system runs through the drill stem and back up the bore hole by means of pumps and mud pits which help to re-circulate the mud and various materials which are added to the mud system.  Asbestos was a common additive in drilling mud systems during the 1960s, 70s and 80s.

The Mississippi plaintiff worked with drilling mud additives for many years during his 20 year career in the oilfields.  In the process, his lawyers argued, he breathed large amounts of asbestos fibers.

After hours of deliberations, the jury awarded $200,000 in economic damages and $15 million for pain, suffering, loss of enjoyment, emotional distress and fear of cancer. A spokesperson for the defendant stated the company plans to appeal the judgment.

Sex Pistols Manager Malcom McLaren Dies of Mesothelioma

Friday, April 9th, 2010

Manager of the Sex Pistols and punk rock icon, Malcolm McLaren died Thursday of malignant mesothelioma, a rare cancer of the lining of the lung caused by asbestos exposure. He was 64.

McLaren’s career in music wasn’t limited to managing the Pistols. He also had a solo career in which he blended genres. In the early 1980s, he had key songs in hip-hop, including “Buffalo Gals,” and brought different influences to the developing genre.

In managing and advising numerous musicians and bands, writing music for television ads and in the fashion world McLaren seemed to stay ahead of the twisting turns of the fashion and pop culture world. Sex Pistols front man John Lyndon is quoted in press reports today saying: “For me, Malc was always entertaining, and I hope you remember that. Above all else he was an entertainer and I will miss him, and so should you.”

McLaren died Thursday in a Swiss hospital after battling malignant mesothelioma.

Asbestos Awareness Week in April

Friday, April 2nd, 2010

The United States Senate recently designated the first week of April 2010 as National Asbestos Awareness Week. In doing so, the U.S. Senate recognized that asbestos-related diseases have killed thousands of people in the United States and that thousands will continue to be diagnosed every year. National Asbestos Awareness Week will raise public awareness about asbestos diseases and the devastation that they cause.

Each year nearly 3,000 Americans are diagnosed with malignant mesothelioma, a deadly cancer caused by asbestos exposure. Thousands more are diagnosed with asbestos-related lung cancer and asbestos. All of these diseases could have been prevented decades ago if construction products manufacturers had simply chosen not to use asbestos as an ingredient in their products.

Unfortunately, from the 1940s through the 1970s thousands of consumer and construction products contained asbestos. The seeds of future disease were planted with the use of these materials. Individuals working with the products at the time faced a risk of future disease. Future generations of workers that disturb these in-place materials during remodeling and construction work will also be at risk for the development of disease if the appropriate safety measures aren’t followed.

Asbestos disease is not a problem of the past – it’s an on-going tragedy even in 2010. Sadly, outside of the U.S. new asbestos materials are still being used and sold in developing nations such as India and Mexico. National Asbestos Awareness Week was established in the hope of raising awareness of these problems and to focus energies on cures for mesothelioma and other asbestos disease.

Health Care Act Provides Coverage for Asbestos Victims

Thursday, March 25th, 2010

The landmark Affordable Health Care for America Act signed into law on Tuesday by President Obama includes expansion of Medicare coverage for asbestos victims in Libby, Montana – site of the W.R Grace Zonolite mine. From the 1920s to the 1990s W.R. Grace mined asbestos contaminated vermiculite just outside of Libby. As a result, the residents of Libby, Montana have suffered extremely high incidence rates for asbestos-related diseases such as mesothelioma, lung cancer and asbestosis. Asbestos contamination in the Libby area has been blamed for the deaths of more than 200 people and the illnesses of more than 1,000 more to date. Many have died from mesothelioma in this small town.

Mesothelioma is a rare, aggressive form of cancer caused by exposure to asbestos. Close to 3,000 Americans are diagnosed with the cancer every year. There is no known cure for the disease.

In June 2009, the EPA declared a public health emergency for the town of Libby because of the astronomically high incidence rate of asbestos disease in this small Montana town. Senator Max Baucus included a measure in the Health Care Act that would extend Medicare benefits to the victims of the declared public health emergency.

“For 30 years, the law has been clear that when a public health emergency is declared, screening and medical care services are to be provided to the people who were exposed,” Baucus said this week. “And for 30 years, no public health emergencies were declared, so the federal government was not obligated to determine the best way to provide care.”

A $6 million grant from the U.S. Department of Health and Human Services began providing screening and health care for former and current Libby-area residents last November, but the money was only intended to last for two years until more permanent assistance could be found.

Once the $6 million grant runs out, the expanded Medicare coverage – which may not go into effect for a few years – will provide additional assistance to Libby, Montana asbestos victims.

Federal Judge Rejects Ground Zero Settlement

Tuesday, March 23rd, 2010

On Friday, March 19th, U.S. District Judge Alvin Hellerstein rejected the more than half-billion-dollar settlement offer for first responders made ill by working at the World Trade Centers site , saying it did not adequately provide the more than 10,000 rescue workers with enough money and was too complicated for them to understand.
Hellerstein, who presided over all 9/11 related litigation, rejected the settlement that would have provided the plaintiffs with $575 million to $657 million depending on how many of the 10,000 plaintiffs agreed to the settlement.
The proposed agreement set aside $57 million in a “permanent disability fund” and $23 million for rescuers who develop cancer in the future.
The toxic dusts present in the ground zero rubble included: asbestos, heavy metals and various chemicals such as benzene from burning jet fuel, dioxins and PCBs. Exposure to these toxins can result in numerous respiratory diseases as well as cancers such as mesothelioma and other reproductive and neurological disorders. In the case of mesothelioma, it takes decades from that time of exposure to asbestos until the development of the cancer – a period of time known as the latency period. Accordingly, it will be decades before the extent of the development of cancer is known among the 9/11 rescuers and responders.
Ultimately, given the large number of claimants and the unknown extent of cancer and other serious diseases in rescue worker population, Hellerstein said this wasn’t enough money for people seriously sickened by Ground Zero toxins, and that he wanted the parties to go back to the drawing board.

Ground Zero Toxic Dust Settlement

Friday, March 12th, 2010

After years of legal battles between the city of New York, the construction companies and more than 10,000 ground zero rescue and recovery workers, the parties have agreed to a settlement that could pay up to $657.5 million to responders sickened by high levels of toxic dust created by the collapse of the World Trade Center. 

Many of these workers became ill after inhaling toxic-contaminated dust while working at the site and are seeking damages for various ailments, including cancer.  The toxic dusts present in the ground zero rubble included: asbestos, heavy metals and various chemicals such as benzene from burning jet fuel, dioxins and PCBs.   Exposure to such toxins can result in numerous respiratory diseases as well as cancer such as mesothelioma and other reproductive and neurological disorders.

The settlement was announced Thursday evening by the WTC Captive Insurance Co., a special entity established to indemnify the city and its contractors against potential legal action as they moved to clean up the site after the Sept. 11, 2001 terror attacks. 

The settlement must still be approved by approved by a judge and the workers themselves and would make the city and other companies represented by the insurer liable for a minimum of $575 million with up to $657.5 million available if 100 percent of the claimants agree to the settlement.  At least 95 percent of the claimants must agree to the plan for the settlement to go into effect.

Most of the existing claimants complain of asthma and other respiratory illnesses as a result of their work at ground zero in the months following the Sept. 11th attacks.  However, some of the cases that fall under the settlement involve plaintiffs who are not ill now but fear they will develop illnesses like cancer which can take years to manifest themselves – a period of time known as the latency period.

Dallas mesothelioma attorney Ben DuBose, who also represented a victim of terror attacks before the September 11th Victims Compensation Fund, says that “unfortunately, because of the long latency period for some cancers, it will be decades before we know the full impact on human health from the destruction of the twin towers.” The proposed settlement establishes an insurance policy of over $23 million to cover such future claims.