Posts Tagged ‘texas mesothelioma lawyer’

Chemicals Not Adequately Regulated in U.S.

Monday, August 2nd, 2010

This summer, when Kellogg recalled 28 million boxes of cereal, the company was concerned about elevated levels of a chemical in its packaging.

 But Kellogg said a team of experts it hired determined that there was “no harmful material” in the products.

Federal regulators, who are charged with ensuring the safety of food and consumer products, are in the dark about the suspected chemical, 2-methylnaphthalene. The Food and Drug Administration has no scientific data on its impact on human health. The Environmental Protection Agency also lacks basic health and safety data for 2-methylnaphthalene — even though the EPA has been seeking that information from the chemical industry for 16 years.

As today’s Washington Post reports, the cereal recall hints at a larger issue: huge gaps in the government’s knowledge about chemicals in everyday consumer products, from furniture to clothing to children’s products. Under current laws, the government has little or no information about the health risks posed by most of the 80,000 chemicals on the U.S. market today.

The information gap is hardly new. Of the more than 80,000 chemicals used in the United States, only 200 have been reviewed by the EPA in the past 30 years. The hurdles that exist for classifying a substance as a toxin under the Toxic Control Substance Act are daunting and prevent the protection of the public.  For instance, legal hurdles and court battles have prevented the EPA from issuing an outright ban on asbestos, a well documented carcinogen, under the TCSA.

The TSCA must be updated and strengthened. A greater emphasis needs to be placed on industry to conduct research and testing and to provide those results to the EPA.  Additionally, the EPA must be allowed to rely on sound, existing science to classify and regulate toxins under the TSCA.

New Report Shows Asbestos Still a Global Business

Wednesday, July 21st, 2010

Indian Workers Protest Asbestos

Despite proven links to cancer, a ban in the European Union and restrictions in the United States, industry lobbyists have ensured that asbestos is still very much in demand in the developing world, a report out today shows.

An investigation conducted by the International Consortium of Investigative Journalists and the BBC, Dangers In the Dust: Inside the Global Asbestos Trade ,  found that the asbestos industry has ignored waves of asbestos-related disease around the world that have led to bans or restrictions in 52 countries, and continues to ply the mineral in developing nations.

More than half of the two million metric tons of asbestos that were mined worldwide in 2009 was exported to developing countries India and Mexico, where demand is high for cheap building materials.

Most of the asbestos sold in those countries is used in cement for corrugated roofing, in water pipes and for home construction.

The asbestos industry’s growth has been fueled by an marketing campaign of international industry groups and led by the Canadian government backed Chrysotile Institute.

Asbestos fibers when inhaled can cause a variety of diseases in humans, including lung cancer and mesothelioma, a cancer of the lining of the lung.   The continued export of asbestos to developing countries will tragically create a new generation of asbestos victims far into the 21st century.

Asbestos Victim Organization Urges Passage of CA Drop the Rock Legislation

Monday, July 19th, 2010

The Asbestos Disease Awareness Organization (ADAO), today released a statement from Linda Reinstein, CEO and Co-Founder, regarding the California proposed legislation to drop the state rock, serpentine.

 “In a united call for compassionate action, The Asbestos Disease Awareness Organization (ADAO) fully supports the Drop the Rock campaign to remove the official California State rock, Serpentine, which is the host rock for asbestos. The tragic irony of this designation is that asbestos exposure can cause numerous respiratory diseases and cancers including lung cancer and mesothelioma. The legislation behind the movement, SB 624, is about abolishing a symbol that conveys a very dangerous legacy. In 1965, Serpentine was designated as the state rock of California to promote the then lucrative asbestos mining industry, an industry that has since been closed down” said Reinstein.

The World Health Organization, The Environmental Protection Agency, and U.S. Surgeon General agree: all forms of asbestos are carcinogenic and there is no safe level of asbestos exposure.  According to the State of California Department of Conservation, ‘Chrysotile often occurs as fibrous veinlets in serpentine. Chrysotile in fibrous form is the most common type of asbestos…serpentine often contains some asbestos, and exposure to asbestos fibers have potential human-health consequences…’

SB 624 enjoys widespread bipartisan support. It unanimously passed the Manhattan Beach City Council, Californian State Senate and California Assembly Committee on Natural Resources and is supported by such organizations as the Children’s Hospital of L.A.

New Medical Study Concerning Success of Chemotherapy in Mesothelioma Patients

Saturday, July 17th, 2010

Researchers at Columbia University report that changes in the size of tumors in patients with mesothelioma who have undergone chemotherapy may be useful in predicting their response to treatment and survival.  Mesothelioma  is an incurable cancer of the lining of the lung associated with exposure to asbestos.

In a new article in the Journal of Thoracic Oncology, researchers at Columbia’s Memorial Sloan-Kettering Cancer Center describe the outcomes of clinical trials involving 30 mesothelioma patients who were treated with chemotherapy followed by surgery and radiation.

The researchers took CT scans of the 30 patients’ lungs and calculated the size of their tumors before and after two rounds of chemotherapy. Patients diagnosed with stage III and stage IV cancer generally had larger tumors than those with less advanced cancer. The percentage change in the size of the tumor from the initial measurement to their evaluation after two cycles of chemotherapy was strongly associated with patients’ overall survival, the researchers said. They found a significant difference in the length of survival among patients whose tumors increased after chemotherapy and those whose tumors decreased.

The researchers said computer-aided measurements of tumors may offer doctors a more reliable way to assess patients’ response to treatment and could provide additional information about patients’ prognosis

California Should Drop the Rock

Thursday, July 15th, 2010

The Associated Press reports that geologists and industry advocates are pushing California lawmakers to keep serpentine as the official rock of California.  Their arguments for keeping the rock:  the asbestos often found in serpentine is not as dangerous as other types of asbestos and trial lawyers will create new claims if serpentine is declassified.    

The health concerns regarding asbestos are well documented. The World Health Organization, among numerous health organizations, has found that all types of asbestos, including chrysotile – the kind found in serpentine, are hazardous to humans.   No safe level of asbestos exposure has been identified. Indeed, even lower level exposures to asbestos, including chrysotile, can cause the development of mesothelioma.  For these reasons, over 50 nations world-wide have banned the mining and use of all forms of asbestos.  There is no real debate in the scientific world about whether chrysotile or any other forms of asbestos are toxic. 

As for new litigation that will be caused by stripping the rock of its official title – that’s a scare tactic.  As Ben DuBose stated in today’s  Associated Press report, removing serpentine as the California state rock will not result in any new types of litigation.  The reason – it’s not the rock itself but the asbestos that’s commonly contained in the rock that poses the hazard.  

The reason California needs to drop the rock – it’s really out of respect to all of the asbestos cancer victims, including several thousand in California. The proposed law is the decent thing to do since the asbestos industry pressured the California legislature to give serpentine its special status in the first place.

For more information, see our previous post on whether to drop the rock.

Libby Asks EPA To Finish Asbestos Clean Up

Saturday, July 10th, 2010

Montana’s congressional delegation is seeking assurances from the U.S. Environmental Protection Agency that the government will not leave the asbestos-contaminated town of Libby before its cleanup is complete.

At least 400 people have died in rural Libby from contamination caused by a now-closed W.R. Grace vermiculite mine. Vermiculite from the Grace mine was contaminated with naturally occurring asbestos .Exposure to asbestos can cause a number of diseases in humans including lung cancer and mesothelioma .

U.S. Sens. Max Baucus and Jon Tester and Rep. Denny Rehberg have asked the EPA to clarify its plans for the 3,000-person town. In separate letters sent in recent weeks, the lawmakers prodded the EPA to complete a long-delayed study of Libby asbestos.

They also wanted the EPA’s pledge to return to areas already cleaned if the study shows the health danger is worse than previously thought.

A June report by the Government Accountability Office listed Libby as one of 75 Superfund sites across the United States with health risks that are considered unacceptable. For Libby, that public danger is expected to last through at least 2015.

Last year, Libby became the first Superfund site ever declared as a public health emergency.

Agency spokesman Ted Linnert said the cleanup method proposed for the town park — placing a soil “cap” over what was once a processing site for Grace vermiculite — should be effective no matter the results of the risk assessment.

The cap is meant to keep people from inhaling or ingesting asbestos, which can cause cancer, lung scarring and other health problems.

Linnert added that the first two areas slated for cleanup would be reviewed after no more than five years to make sure the agency’s actions were effective.

Asbestos containing vermiculite was sold as attic insulation to millions of homes across the United States. Locally, in Libby, the material was used across the town in numerous applications including in homes, businesses, baseball diamonds, the running track at the high school and tilled into backyard gardens. Decades of activity at the Grace mine produced so much dust that hazardous asbestos is now embedded in the barks of trees that cover the surrounding mountains.

DuBose Law Firm Salutes America’s Veterans

Sunday, July 4th, 2010

DuBose Law Firm salutes our veterans on this 4th of July.  Throughout history the brave men and women of the U.S. Armed Forces have fought and died to protect our freedom.   Tragically, not only have veterans faced deadly threats from our enemies, but also from aboard their own ships, aircraft or other machinery.

US Navy veterans who served from World War II through Vietnam faced a deadly threat from the asbestos aboard their own ships. Decades later, that danger has surfaced in the form of asbestos related disease. Of the 2,500 to 3,000 Americans diagnosed annually with malignant mesothelioma, a significant percentage of those individuals served in the U.S. Navy.

From the 1940s through the 1970s, asbestos was used in virtually every area of naval ships in hundreds of applications including: fireproofing, steam lines, pumps, boilers, condensers, evaporators, distillers, turbines, deck material, and electrical equipment.

Aircraft mechanics also had exposure from performing brake repairs on certain military aircraft as well as in the engine and exhaust systems of certain planes. Similarly, motor pool mechanics from the 1940s through the 1970s may have had exposure to asbestos performing brake jobs and other maintenance work on jeeps, trucks and other equipment.

To all current members of our armed forces and all of our veterans –thank you for serving in harm’s way in the defense of freedom and liberty. God bless you and God bless America.

New Research On Asbestos Cancer Development

Tuesday, June 29th, 2010

Reports of asbestos disease began appearing on a regular basis in the medical literature as early as the 1930s. Thousands of Americans continue to be diagnosed each year with asbestos cancers such as mesothelioma and lung cancer.  Yet, researchers still don’t know the exact steps the body takes to initiate the development of asbestos-related cancers.

Findings related to this issue appear in a study published in the current issue of Proceedings of the National Academy of Sciences, USA.  Abstract of the study available here.

This study found that when asbestos kills human cells, it does so by inducing a process called “programmed cell necrosis” that leads to the release of a molecule called high-mobility group box 1 protein (HMGB1). HMGB1 starts an inflammatory reaction that causes the release of mutagens and factors the promote tumor growth.

The researchers propose that it may be possible to decrease cancer incidence or decrease tumor growth rate by interfering with the inflammatory reaction process caused by HMGB1. Additional research and experimental testing will be required to test the study’s hypothesis.

Australian Asbestos Company Moves to Ireland

Friday, June 18th, 2010

James Hardie, an Australian maker of fiber cement building products, which generates most of its earnings from US sales, has completed the restructuring of the corporation as an Irish entity for tax and management reasons, says a Hardie spokesman.

The company, which originally moved from Australia to the Netherlands in 2001, had also become involved in disputes with Australian and U.S. authorities over its asbestos liabilities.

James Hardie, for much of the 20th century, was involved in the manufacture, distribution and mining of asbestos and asbestos containing construction products. With numerous asbestos manufacturing plants in Australia, the James Hardie asbestos product line has been credited as a significant source of Australia’s asbestos epidemic. Australia has one of the highest rates of asbestos-related disease in the world; it is estimated that between 30,000 and 40,000 people will have contracted an asbestos-related disease in Australia (including mesothelioma and lung cancer) by 2020. See American Journal of Industrial Medicine 

The company has said the move to Ireland will not affect its commitment to contribute to the Asbestos Injuries Compensation Fund.

For more information on the corporate move see the Wall Street Journal

Congoleum’s Asbestos Bankruptcy Plan Approved

Wednesday, June 9th, 2010

Congoleum Ad - 1930s

Flooring giant, Congoleum Corp.’s bankruptcy reorganization plan was approved Tuesday by a U.S. District bankruptcy court.
Congoleum sought Chapter 11 protection Dec. 31, 2003 as a result of its own asbestos-laden floor tiles which it sold for decades. As a result, thousands of asbestos victim claims were pending against the floor tile manufacturer at the time of the filing. Inhalation of asbestos fibers, even from the cutting, scraping or sanding of asbestos containing floor tiles, can result in malignant mesothelioma, a cancer of the lining of the lung as well as lung cancer.
Under the plan, the company will give 50.1% of the stock in the reorganized Congoleum to a trust to pay present and future asbestos victims. The trust will also get approximately $235 million from court-approved asbestos insurance settlement agreements as well as additional asbestos insurance coverage funds.