Mesothelioma Health News

Mesothelioma victims, their families, and the families of asbestos disease sufferers who have already passed away gathered in Detroit yesterday for an annual brunch in remembrance of those who have died of asbestos-related diseases.

According to an article in the Detroit Free Press, those who gathered at the event, held at the Renaissance Center in downtown Detroit, all had different stories about their experiences with the disease and how their loved ones had developed the aggressive form of cancer for which the only known cause is asbestos exposure.

“When I heard the diagnosis, I said, ‘Meso-what?’” said Latanyta Manuel, 45, whose husband Andrew died of the disease at age 42. “All I heard was ‘lung cancer,’ and I said, no, that’s not possible. My husband never smoked or drank, but they said this cancer is about asbestos.”

Latanyta believes Manuel suffered from secondhand exposure. His father worked on a pipeline and brought asbestos home on his clothes on a daily basis.

Eric Jonckheere, who flew all the way from Belgium to attend the luncheon, lost his father and mother to the disease. One brother is recovering from surgery, he said, while he and his remaining siblings show higher-than-normal levels of asbestos in their lungs.

The group also chatted about the fact that asbestos is still not banned in the U.S. despite the growing rate of diseases like mesothelioma and asbestosis. “Asbestos is still being imported. It’s still being put in products,” said Michelle Zigielbaum, whose husband, Paul, is diagnosed with peritoneal mesothelioma, one of the deadliest forms of the disease.

Most of the participants agreed that asbestos lobbyists have stalled the banning of the toxic substance in the U.S.

“It’s disturbing to see how companies and politicians try to cover it up,” said Dwayne Manuel, Andrew Manuel’s 26-year-old son. “This is a preventable disease.”

The Zigielbaums also recently worked with the Asbestos Disease Awareness Organization (ADAO) to test 250 consumer products for the presence of asbestos. More than 5 percent of the products under suspicion did indeed contain asbestos, Michelle Zigielbaum notes.

A British Man with pleural plaques, who is angered by the fact that Law Lords have ruled people with the disease should not be encouraged to sue, has decided to go one step further in seeking compensation for his disease. He’s taking his fight to the European Court of Human Rights.

According to an article in the Liverpool Echo, retiree John Johnson claims the law lords’ decision breached the European convention on human rights.

“I used to be so active and now I am almost incapacitated,” the 78-year-old Johnson told the newspaper.

“I am always out of breath, particularly in winter when the chill gets to my chest. I would love to do more exercise. I am not the sort to mope around.”

Johnson, who was a maintenance fitter for Yorkshire Imperial Metals in Kirby for more than 36 years, says he lives in constant fear of developing mesothelioma as do many of his co-workers and others diagnosed with pleural plaques, which are scars on the lungs that make breathing difficult and sometimes painful.

Johnson was diagnosed with the condition in 2004. He immediately began a legal compensation battle, but within just a few weeks of filing his papers, the court of appeal ruled against pleural plaques sufferers.

“Judges said people with the condition should only receive compensation if they develop full-blown mesothelioma, thought to occur in only a small portion of cases,” the article points out. However, Johnson claims he is getting weaker.

“I have had problems for seven or eight years and it is getting worse,” he notes. “My wife Shirley comments on my breathing and I have to use a pump. At 78 years, I have had a good run but I would like to be able to take her on a long, relaxing holiday.”

“I am furious at the way this decision was taken.”

In nearby Scotland, Scottish ministers are set to overturn a similar decision, opening the door to allow pleural plaque sufferers in that country to seek compensation for their injuries.

Mr. Johnson, whose case is listed as Johnson vs United Kingdom, is now awaiting the European court’s ruling.

Patients at the Royal Shrewsbury Hospital in Shropshire, England will need to be moved as the hospital begins to undertake a project to remove asbestos found in various parts of the building.

According to an article in the Shropshire Star, a hospital manager told the media that asbestos had been found in the children’s and maternity wards at the hospital and that “work to re-encapsulate the asbestos was due to start shortly”.

The costly project is expected to last weeks and is being carried out to contain and manage the asbestos in the wards, noted a spokesperson for the hospital. Patients in some parts of the wards will be relocated while the work is carried out.

Trish Rowson, director of service delivery at the Shrewsbury and Telford Hospital NHS Trust, said: “Many older buildings were built using asbestos and all organizations have an important legal duty to understand where asbestos exists in their buildings, to assess any risk and to put effective plans in place to manage that risk.”

“This is particularly important in hospitals and forms part of our routine maintenance and survey work. As part of our ongoing program to survey our hospital buildings, we have decided that we need to undertake some remedial work in our children’s and maternity departments at the Royal Shrewsbury Hospital.”

“The asbestos in those buildings is currently managed and contained and a program of work will start soon to ensure that it continues to be managed and contained in future,” she added.

“We regret that there will be some relocation of children’s and maternity services while work is under way. We apologize for any inconvenience this may cause and would like to reassure patients and families that their health and safety is our top priority while this work is under way,” Rowson said, noted that it would not be necessary to remove the asbestos in question.

A month-long asbestos trial in Jefferson County, Texas ended yesterday with a verdict in favor of defendant DuPont Corporation, who the jury said was not responsible for the death of William Whisnant, who died of malignant pleural mesothelioma in 1999.

According to an article in the Southeast Texas Record, the trial focused on the plaintiff, a former B.F. Shaw pipe fitter who worked at DuPont in 1966 as an independent contractor. His family claims he was exposed to enough asbestos fibers during his time with DuPont to cause him to develop mesothelioma, an aggressive and fatal form of lung cancer for which the only known cause is asbestos exposure.

Whisnant’s family was part of a class action suit which claimed that DuPont “negligently and maliciously exposed workers to asbestos” even though the company knew asbestos dust and fibers created health hazards.

“Even though Whisnant was an independent contractor, jurors ruled that DuPont was still at least partially responsible for his safety, but decided that DuPont did not negligently contribute to his cancer by purposely exposing him to harmful asbestos,” the article states. Therefore, the company was not ordered to pay any compensation.

DuPont argued that they took steps to protect their employees from asbestos long before OSHA implemented asbestos guidelines in 1972. However, the plaintiff’s attorneys countered with an argument which stated that DuPont “knew about the dangers of asbestos as early as 1940, but chose to conceal their findings and focus on a defense to protect the company from lawsuits rather than implement policies that would save the lives of its workers.”

A British coroner has recently raised questions into the incidence of naturally-occurring mesothelioma, prompted by the case of a British teacher who died of the disease but exhibited no signs of exposure.

According to an article in Newsquest Chesire, Coroner Nicholas Rheinberg addressed the issue during an inquest on Thursday into the death of 65-year-old Raymond Williamson, who died at Warrington Hospital from mesothelioma last July 20. No one, including family members, was able to make a connection between Williamson and exposure to the toxic mineral.

His brother, Kenneth, presented several theories including the possibility that he was exposed while conducting research on lasers in the 1960s. “But what was more baffling was that a post-mortem examination did not reveal any asbestos fibers in his body although there was evidence of mesothelioma in the lining of Mr. Williamson’s lung and abdomen,” the article notes.

“Up to 10 to 15 per cent of mesotheliomas are not related to asbestos exposure but if there is any suggestion of asbestos exposure, even very brief or mild, that would override the possibility of non-asbestos- related mesothelioma,” said Dr. Mohammed al-Jafari, who conducted the autopsy.

“There is nothing obviously outstanding to suggest asbestos exposure albeit there are a number of possibilities,” said the coroner. “But what is quite extraordinary is that while most of us would have shown up evidence of asbestos exposure because we live in an industrial society, not one fiber was found.

The Federal Emergency Management Association has decided that they will not declare portions of Fort Chaffee, Ark. a disaster area following a fire in January, therefore providing no money to assist in cleaning up the asbestos-strewn site.

According to an article in the Arkansas Democrat Gazette, Ivy Owen, executive director of the Fort Chaffee Redevelopment Authority, said officials hope to appeal the FEMA decision. However, state officials have said the group’s chances are slim as the site does not meet federal guidelines for the aid.

“With an estimate of $ 4.6 million to clean it up, it shackles us from our economic development,” Owen said Thursday during a visit by U. S. Rep John Boozman, R-Ark.

The fire, which swept over approximately 100 acres at the historic fort, destroyed more than 150 World War II era buildings, the majority of which contained dangerous asbestos. Rep. Boozman said cost of clean up with depend on the toxicity levels of the debris and whether a special landfill is needed for the waste and soil.

However, notes Jerry Roberts, a member of the Sebastian County Department of Emergency Management, the asbestos at the site of the old fort is not considered hazardous but instead is designated as “special” — meaning it can go to local landfills.

“But that’s our problem. If it was considered hazardous, we could be considered for funding as an [Environmental Protection Agency] Superfund site,” Roberts said.

The Arkansas Department of Environmental Quality conducted tests at the site, finding asbestos contamination ranging from 3 percent to 65 percent in some areas, particularly near the old boilers. Roberts said the department will require the debris and the asbestos be cleaned up.

The Texas State Department of Health Services is investigating claims that students at Austin’s Brykerwoods Elementary School may have been exposed to high levels of lead and asbestos after a recent renovation project.

According to a story on Fox 7-Austin, the renovations were completed during a recent Spring Break, but when the children returned to school, desks were still covered with dangerous dust, which may have contained lead and/or asbestos.

Yesterday, an inspector from the Department of Health Services performed a complete compliance inspection at the school, which is 70-years-old, taking samples from work areas for testing. School officials say the results should be available in about a week.

“The health department was here today, and I took him around to all the classrooms and showed him where all the work was done,” says Brykerwoods Principal Artie Arce.

Principal Arce noted that 13 of the school’s classrooms were renovated during the break.  In most cases, the paint on the window panes was sanded off; Arce says the paint most likely contained lead. In addition, renovation also included removing the old caulking or glazing on the edges of the windows.  Principal Arce says those areas contained asbestos.

The Austin Independent School District claims air quality tests were performed before students were allowed to return to the building.

PTA President Lize Burr says she wants to know who cleaned up after the renovation, and how dangerous the remaining dust may have been to children who inhaled it.

“This is an older building, and there were materials used when it was built that were unsafe,” Burr says.  “In the future, if work like this is going to be done, is this the best way to go about the finished job?”

Principal Arce says the work crews were supposed to build a partition that concealed the work area. He notes that a re-cleaning will be performed.

Linda Reinstein, the executive director and co-founder of the Asbestos Disease Awareness Organization (ADAO), has been selected to deliver the keynote speech at the 25^th Anniversary and Exposition of the Environmental Information Association (EIA). Reinstein will speak about “the dangers of asbestos and its effects on the community “and discuss the product testing that discovered asbestos in children’s toys and consumer products including the CSI Fingerprint Examination Kit, says an article in the Centre Daily Times.

“The EIA, with its beginnings as the National Asbestos Council, has spent 25 years at the forefront in providing the environmental industry with the information needed to remain knowledgeable, responsible, and competitive in the environmental health and safety industry,” the article explains. “The Association’s multi-disciplinary membership collects, generates and disseminates information concerning environmental health hazards to occupants of buildings, industrial sites and other facility operations.”

“I am honored to speak at the 25th Anniversary and Exposition of the EIA,” Reinstein told the paper. “The title of my speech ‘Turning Anger to Action’ says it all. Although we are angry that our loved ones are still being exposed to deadly asbestos fibers, we realize that we can take a stand and prevent it from harming our loved ones in the future. We will fight this battle until the end, and together we will get this fatal substance banned from our nation forever.”

Reinstein notes that asbestos deaths continue to increase in the United States. Current studies, she points out, estimate that 100,000 asbestos-related deaths will occur during the next decade – or approximately 30 per day.

Australia’s Defense Minister, furious about the request from the country’s military for a three-year exemption from laws banning the use of products containing asbestos, has ordered the defense department’s leaders to stop using asbestos parts and equipment immediately.

In 2004, the Defense Department was granted a one-time, three-year extension to keep using asbestos components in brake pads, gaskets, seals, fire barriers, insulation and packaging, notes an article in the Sydney Morning Herald. Another exemption was sought last year.

A senior Defense source said it was “understood that the Minister for Defense is very disappointed that Defense continues to seek exemptions to the use of asbestos parts”.

“The Minister believes that Defense should be held to the same high standards as the private sector when it comes to asbestos, while obliviously ensuring that national security is not compromised,” the source told the newspaper.

It was understood the department would “look at all possibilities and alternatives to this matter”.

Throughout the past 80 years, exposure to asbestos among Defense Department staff has resulted in thousands of cases of asbestos-related disease, some fatal, the article notes.

“While it is too late for the hundreds of victims of asbestos disease in Defense over the last 60 years, it should be happy news for current personnel and contractors,” said Leigh Hubbard, president of the Victoria Asbestos Diseases Society.

“Until late last year, when unions and asbestos groups demanded some accountability, the exemption was a fait accompli with the Australian Safety and Compensation Council; the Government authority [was] about to give a blanket exemption.

“We wait with interest to see the results of the minister’s pressure.”

A lawsuit filed last week in a California court accuses the U.S. Environmental Protection Agency of allowing perilous delays before forcing companies to bear the cleanup costs associated with hazardous waste sites. The impetus for the case was the situation involving W.R. Grace and their vermiculite mine in Libby, Montana, which has caused widespread asbestos contamination and death in the little Montana town.

According to an article in the Missoulian, Lisa Evans, a lawyer with Earthjustice who filed the lawsuit March 11, believes the shortfall is due, in part, to the EPA’s failure to draft regulations that would require “high-risk” companies to demonstrate a financial ability to clean up their messes.

“Congress gave EPA five years to write these regulations - that was 27 years ago,” said Evans, who spoke on behalf of the Sierra Club, Idaho Conservation League, Great Basin Resource Watch and Amigos Bravos. “We are asserting that it is long past time for EPA to abide by this mandate. Thus we are filing our complaint to ask the court to require EPA to write these critically important regulations addressing financial assurance.”

Instead, companies are permitted to hide behind “a cavalcade of bankruptcies” while taxpayers foot the bill, slowing the cleanup of hazardous waste sites like Libby, Evans said.

“The fact that companies don’t have the money and don’t step up to the plate definitely has a delaying effect on cleaning up the sites,” Evans said. “And then you have Superfund sites that the public has to clean up.”

Evans believes that enforcing the regulations would ensure that the polluter had to come up with the funds for cleanup, not the government/taxpayers. She also believes that the enforcement of such regulations would provide incentives for companies not to pollute.

The EPA has characterized Libby as “the worst environmental disaster in U.S. history.” It has been eight years since the contamination was brought to light and thousands upon thousands of taxpayer dollars were spent for cleanup before W.R. Grace was finally ordered last week to pay $250 million for cleanup costs.

“My biggest issue is: Is it really going to be enough?” said Gayla Benefield, a longtime Libby activist and full-time resident. “I mean, [the EPA] paid over $160 million already and how much has that really accomplished? The people in Libby are still being diagnosed with asbestos-related disease and they’re still dying from it.”