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Archive for December, 2008

Court Ruling Regarding Asbestos-Related Trial Location Overturned

Thursday, December 18th, 2008

The Texas Supreme Court has recently ruled on a decision regarding the location of a trial involving a man who is suing for asbestos-related injuries he claims were the responsibility of the corporations named in the lawsuit.

The case involves the now late Austin Richards who was employed as a mason for in upwards of thirty years at various locations throughout the state of Maine. It was during this time that Richards claimed he was exposed to asbestos insulated piping on a routine basis.

Exposure to asbestos insulation and other building products has been known to lead to the development of a number of asbestos-related diseases such as mesothelioma, asbestosis, and lung cancer. Due to the long latency period of these diseases the diagnosed are often left with very few treatment options by the time that diagnosis occurs.

Richards filed the lawsuit against twenty-one defendant corporations in the state of Texas in an attempt to speed up the litigation process but it has now been ruled by the Texas Supreme Court that the trial will have to be moved to the plaintiff’s home state.

The new ruling overturns the earlier ruling that would have allowed the trial to be tried in the state of Texas.

The ruling stems from a 2003 modification to the Texas civil code which states that cases are to be tried in the most convenient location available. Austin Richards was diagnosed with mesothelioma in December of 2005. Companies named in the lawsuit include General Electric Co., Ingersoll Rand, and Warren Pumps.

Cleanup Planned for Former Illinois Air Force Base

Thursday, December 18th, 2008

Cleanup at the former East-Central Illinois Air Force Base is scheduled to begin soon. The director of Public Works has stated that he is pleased that the Air Force made the decision to go ahead with the cleanup project. The base is located in the village of Rantoul, Illinois.

The cleanup project is expected to cost an estimated one hundred and fifty thousand dollars and involves the removal of approximately one mile of asbestos-insulated steam pipes.

Asbestos was used to insulate pipes during the early twentieth century. It was not known how dangerous the substance was until the 1970’s. Following the discovery the substance began to become regulated when the Occupational Safety and Health Administration was created by congress.

Exposure to the dangerous toxin has been know to result in the development of a number of asbestos-related diseases which include but are not limited to mesothelioma, asbestosis, and lung cancer. Due to the long latency period of these diseases individuals diagnosed are often left with very limited effective treatment options. In many cases the diagnosed only live for a short time following initial diagnosis, usually twelve to eighteen months.

Surrounding the former base today are hotels, residents, and attractions which is why locals are concerned about the possibility of asbestos exposure. The cleanup will ensure the safety of residents of Rantoul as well as visitors who come to the area.

W.R. Grace Agrees to $140 Million Settlement

Monday, December 15th, 2008

Following the filing of thousands of lawsuits against W.R. Grace the company was forced to file for Chapter 11 bankruptcy approximately seven years ago. The company is now offering up a settlement of in upwards of $140 million.

The lawsuits filed against W.R. Grace stem from the company’s production and distribution of Zonolite Insulation, which contained vermiculite asbestos. The town of Libby, Montana was where the vermiculite was mined from and now many years later it appears that many residents of the area are becoming ill due to exposure to the dangerous substance.

Exposure to asbestos-containing materials has been known to lead to a number of asbestos-related diseases which include mesothelioma, asbestosis, and lung cancer. Because these diseases have a considerably long latency period the diagnosed are often left with very few effective treatment options by the time diagnosis occurs. In many cases patients pass away only a short time following the discovery of such diseases.

The Securities and Exchange Commission now has on file a document of the company’s statement regarding the settlement. In the statement W.R. Grace has stated that it will pay an initial $30 million dollars into a trust set up for victims of exposure to the vermiculite and that after the initial set up they will pay an additional $30 million after three years, and for the following ten years an additional $8 million.

The W.R Grace vermiculite mine located in Libby, Montana was shut down in 1990.

Vacant Indianapolis Hospital Laden With Asbestos

Friday, December 5th, 2008

A hospital located in Indianapolis, Indiana has recently been deemed by police as a health hazard. Winona Hospital has been vacant for over four years and was used approximately one year ago for SWAT team training. The hospital is located near 32nd and Meridian streets.

According to Lt. Jeffery Duhamell thirty-five members of the SWAT team were actually trained in the building which is now established as having various toxins on the premises including mold and asbestos. All of the officers that were trained in the building are now under the supervision of a medical professional.

Now one year later firefighters and police officers are not permitted to enter the building without wearing the proper protective equipment in order to prevent exposure to asbestos as well as other toxins.

Exposure to asbestos-containing materials can cause the development of any one of a number of diseases which have a significantly long latency period. For this reason treatment options are often very limited by the time diagnosis occurs. Duhamell has stated, “If I remember right, we may have used our gas masks and equipment. I’m not too concerned about it. On the safe, the cautious side, they’ll monitor us.”

The city of Indianapolis is hoping to purchase the building that once housed Winona Hospital which closed down in 2004 due to a bankruptcy filing. If no one else bids on the property the city should be able to acquire it by next June.

Possible New Breakthrough In Mesothelioma Treatment Research

Friday, December 5th, 2008

There has purportedly been a recent breakthrough in research regarding the treatment of mesothelioma. Researchers based out of the National Centre for Asbestos Related Diseases which is located at Sir Charles Gairdner Hospital in Western Australia have made an astonishing discovery regarding a commercial skin cancer cream that was allegedly able to cure advanced mesothelioma tumors in mice.

Steve Broomfield and Andrew Currie who are the researchers that made the amazing discovery were able to completely cure fifty percent of the mice involved in the study of mesothelioma.

According to the doctors the cream that is normally used to treat basal cell carcinomas, Aldara, was injected into the mesothelioma tumors of the mice along with a stimulant referred to as anti-CD40. Subsequent to the injections the doctors realized that they caused “killer cells’ to be produced in the immune systems of the mice injected. These cells are said by the doctors to have sought out the mesothelioma cancer cells and destroyed them.

Due to the long latency period of mesothelioma treatment options are often very limited and more palliative than curative. In many cases individuals are not diagnosed with the disease until well into the advanced stages.

Oregon Contractor May Appeal Asbestos Fine

Friday, December 5th, 2008

The Oregon Department of Environmental Quality handed out three fines related to improper removal of asbestos earlier this year. A fine for $5,400 was given to the city of Roseburg, Oregon for allegedly allowing a contracting crew to remove and dispose of cement that contained asbestos without the company having the proper license to do so.

Fines were also given to the contracting company, C2S Group LLC which is based out of Oakland, Oregon in the amount of $10, 800, and to the Roseburg Urban Sanitary Authority in the amount of $7, 286. All violations were related to the improper removal of asbestos at a site in Roseburg on Calkins Road.

The asbestos-containing cement was on property owned by the Roseburg Urban Sanitary Authority and their fine stems from them allowing the asbestos to be removed by an unlicensed contractor.

Nikki Messenger who is the Roseburg Public Works Director has made a statement to the effect that the city was under the impression that it was the contractor’s responsibility to properly dispose of the material. She stated that, “We thought that our contract clearly stated that the contractor was responsible for the material.”

The sewer pipe that contained the dangerous material that was removed contained fifteen percent of two different types of asbestos which include chrysotile and crocidolite. The city of Roseburg appealed the fine back in early November. The Roseburg Urban Sanitary Authority has until Monday to appeal their fine and C2S has until Tuesday.

Connecticut DEP Requests More Information In Regards To Asbestos Removal

Tuesday, December 2nd, 2008

According to recent reports the Department of Environmental Protection has asked the Fairfield Hills First Selectman Joseph Borst for more information regarding work to be done on what will be the new town hall located on the Fairfield Hills campus in Newtown, Connecticut. Officials have stated that the information is needed before any work can begin at Bridgeport Hall.

The information requested by the Department of Environmental Protection has to do with the disposal of hazardous materials including asbestos during 2007 and early 2008.

Ross Bunnell, a sanitary engineer with the Department of Environmental Protection, has requested a hazardous waste manifest which details where hazardous materials such as asbestos are taken to be disposed of after they are removed from the work site.

Bunnell has stated that the request is in order to determine whether or not the facility at which the materials are being taken is authorized to dispose of such materials. Improper removal and disposal of asbestos containing materials can lead to exposure to the dangerous fibers.

Exposure to such fibers can lead to a number of debilitating diseases such as asbestosis, mesothelioma, and lung cancer. Such diseases have a long patency period which often leaves the diagnosed with very few treatment options.

Work was originally set to begin on October 1st but work was prohibited from beginning at that time due to concerns. As of today the work has still yet to begun but workers are performing as much work as they can outside of the building.

Iressa May Replace Additional Rounds Of Chemotherapy For Mesothelioma Patients

Tuesday, December 2nd, 2008

A new cancer treatment drug has been reported to control the many painful symptoms of mesothelioma. Mesothelioma is a lethal form of cancer that is caused by even a small amount of exposure to asbestos containing materials. Researchers have yet to find a cure for the fatal disease but the new drug Iressa which is meant to partially replace chemotherapy treatments has proved to be helpful in increasing patient’s quality of life.

This new drug, which was manufactured by AstraZeneca, comes in a pill form and may replace “additional rounds of chemotherapy” according to manufacturers and researchers. At this time Iressa is approved for use in the United States for those patients who do not exhibit a response to traditional chemotherapy.

AstraZeneca claims that the drug is the most beneficial for patients who have no history of smoking, who are women, and those of Asian decent.

Side effects of the drug include acne, rash, and diarrhea but Iressa patients will not be forced to experience the most dreaded side effects of chemotherapy which include higher susceptibility to infection, and hair loss.

According to Chris Twelves who is a professor at Leeds University, “Patients on (Iressa) get a higher quality of life.”

Those individuals with mesothelioma interested in learning more about Iressa should speak to their physicians but should also be aware that treatments are much more expensive than traditional chemotherapy. Iressa treatments generally cost thousands of dollars a month.

Studies show that those patients taking Iressa survived for approximately 7 months compared to the 8 in chemotherapy patients.

W.R. Grace Reaches Settlement Deal

Tuesday, December 2nd, 2008

It has been reported that W.R. Grace reached a deal yesterday regarding a number of claims filed by home and business owners concerning the use of asbestos in the attics of their properties. The individuals involved are claiming that Zonolite manufactured by Grace was used to insulate the walls and attics of the particular structures named in the lawsuit.

Zonolite was often used to insulate various parts of buildings many years ago but has since been found to be contaminated with asbestos.

Exposure to asbestos in any form can have a dangerous effect on the human lungs. There are a number of diseases caused by the harmful toxin including asbestosis, lung cancer, and mesothelioma. Due to the long latency period of such diseases treatment options are often very limited.

The $60 million deal reached by Grace will settle property damage claims filed by the individuals named in the suit.

In the deal filed with the Securities and Exchange Commission it is stated that no one claimant will be able to receive more than $4,125.

The deal involves W.R. Grace creating a twenty year trust fund that will allow individuals to file claims in the future. Grace has agreed to supply the trust fund with $30 million initially with an additional $30 million being placed in the fund in it’s third year. Starting with the fifth year $8 million dollars will be added to the fund each year that it falls below $10 million.

According to the agreement the funds are meant to pay for the removal of the Zonolite present in existing homes and businesses.