Asbestos clinic gets surprise donation from Simmons Mesothelioma Foundation

A nationally recognized medical clinic in the small town of Libby, Montana, recently received a nice reminder that they’re not the only ones who think the work they do for patients with asbestos-related diseases is important.

The Simmons Mesothelioma Foundation recently donated $10,000 to the Center for Asbestos Related Diseases.

The Center for Asbestos Related Diseases is one of a few medical facilities in the nation solely dedicated to treating people with diseases, like mesothelioma, caused by asbestos exposure. Most people would expect to find the treatment options CARD doctors provide in the bigger cities like New York or at a top university like the University of Pennsylvania. But in this case, the clinic went to the people. Literally.

The 10,000 people who live in Libby are 30 percent more likely to develop an asbestos-related disease, like mesothelioma or lung cancer, because a vermiculite mine operated from the 1960s to the early 1990s just outside of town. This form of vermiculite, a shiny rock similar to mica, contained amphibole asbestos. The mining process broke down the asbestos, creating a fine dust, which covered, not only miners, but the entire town. I have read news stories about how it would blanket the town. Miners would come home covered in it, children would play in it, and the wives would clean it, because, back then, no one really understood its dangers. Except the mining company.

W.R. Grace Co., who owned the mine, knowingly poisoned the entire town. Studies estimate that since 1960, 88 miners have died from asbestos-related diseases and that 1 in 40 of residents in Libby and the surrounding area have died or suffered from asbestos-related diseases. Because of this, the town was designated a National Public Health Emergency by the Environmental Protection Agency, the first ever such declaration made by the agency.

Asbestos exposure, even though it might have happened decades ago, is killing people now. No one understands this better than Libby, Montana and the doctors at CARD. The Simmons firm is proud to know that it’s multi-million pledge to the Simmons Mesothelioma Foundation is going to help the people who need it most, such as those treated at CARD.

The Simmons Mesothelioma Foundation didn’t mail a check, as this news article in the town’s newspaper, The Western News, reports. Foundation Chairman John Simmons hand-delivered it while he was on vacation.

BBC's "Dangers in the Dust" asbestos investigation highlights "take home" asbestos exposure

At long last, we’re seeing some meaningful, in-depth media coverage surrounding asbestos exposure and the horrible diseases it causes, like mesothelioma.

This is all courtesy of a collaboration between the BBC's International News Service and the International Consortium of Investigative Journalists. "Dangers in the Dust" is being rolled out this week across the BBC's international services, and through ICIJ’s more than 50 partner publications worldwide, including the McClatchy publishing company, owner of over 30 daily newspapers in the U.S. The series examines the dangers of asbestos on an international level and also includes a story on victims of “take home” asbestos exposure called, "Asbestos still killing families, decades later."

When most people think of mesothelioma – if they’ve ever even heard of mesothelioma – they think of a disease that strikes retired workers. They don’t think of people like our 39-year-old client Julie Gundlach. Since her mesothelioma diagnosis, she has been a tireless advocate for mesothelioma and asbestos-related illnesses.

When I was contacted by a reporter with McClatchy’s Illinois newspaper, the Belleville News-Democrat, writing an investigative piece on the dangers of asbestos and the “third wave” of asbestos victims, Julie immediately came to mind.

Julie is a young mother living with peritoneal mesothelioma. She lives in St. Louis with her husband, and she was exposed to asbestos when her father brought it home on his clothing after working as an industrial electrician.

Fact: people like Julie who don’t work around asbestos can be exposed to asbestos by others who do.

It’s called “take home” exposure. Here’s how it works: The asbestos dust gets on an worker’s clothes and skin. When they leave to go home so does the dust, causing them to expose their spouses, children and other immediate family members. In some cases, children have developed mesothelioma or other asbestos-related diseases later on in life because they hugged their parents. In Julie’s case, her childhood playroom doubled as her family’s laundry room where her father’s asbestos-covered clothes were washed.

Helping people like Julie as they fight to be that “one-in-a-million survivor,” as she says in the article, is rewarding. Her story illustrates the important role the legal process plays in ensuring mesothelioma cancer patients receive the funding they deserve to get the best treatments available.

As the BND article accurately states, she has had three surgeries and made over 25 trips to New York for treatment. "If it were not for the legalities, I would have never been able to receive the medical treatment I received," Gundlach said in the article. "I'm still not able to work. Mesothelioma kills innocent people, asbestos kills innocent people, it's not banned, and that is the story, that is the issue."

“Take Home” Asbestos Exposure In the Courtroom

Laws affecting victims of asbestos exposure are not relics from past generations. They continue to evolve in real time. Cases involving “take home” asbestos exposure can be especially combative because the company’s defense lawyers argue “take home” exposure isn’t their client’s problem because family members aren’t employees.

The Appellate Court ruled that companies are required to take steps to prevent the deadly dust from reaching the workers’ home. This is important because some courts have gone the other way and ruled the companies have no duty to the workers’ families; even though the risk of disease in the home was completely foreseeable.

For families like Julie Gundlach’s, this is very important. If certain companies are able to change the laws, sick family members will have no legal recourse. It is our goal to continue to fight for victims and make sure they have access to the courts.

Rueters article highlights need for asbestos awareness

Earlier this week, while skimming my newsfeeds, I happened upon an example of why you shouldn’t believe everything you read. Over the past year, several companies that knowingly manufactured products with asbestos have declared bankruptcy to avoid their responsibility to compensate the people whom they killed. Reuter’s wire service included a June 7 story about the most recent, called Garlock Sealing Technologies, which manufactures fluid sealing products like gaskets used in the piping industry.

At one point, the article states that asbestos was banned by the U.S. government.

This is not true. Asbestos is not banned. Not in the U.S. Not in Canada. In fact, Canada is the second highest exporter of asbestos and the U.S. is its main customer, according to the U.S. Geological Survey. There has been an effort to ban asbestos with the Ban Asbestos in America Act sponsored by U.S. Sen. Patty Murray, but corporations, special interest groups and their lobbyists have defeated it every year for the last several years.

Research directly links asbestos exposure to deadly diseases like mesothelioma and lung cancer. The government has acknowledged the long-term danger associated with asbestos exposure by imposing training guidelines, like wearing hazmat suits, to ensure its safe removal from buildings. The irony is obvious when you consider that just last year the United States still exported 715 tons of this deadly poison, which kills 10,000 Americans annually, to use in shingles, brake pads and other household appliances.

More than four decades ago, the Environmental Protection Agency declared asbestos a known human carcinogen yet we’re still importing it in 2010?

It’s hard to convince the public a total ban is needed when they already believe it’s outlawed. Even politicians believe a ban is in place. As the Simmons law firm attends the Mesothelioma Applied Research Foundation’s 2010 International Symposium on Malignant Mesothelioma this week, I’m reminded of a story from last year’s event.

While advocating for more mesothelioma research dollars on The Hill, one mesothelioma victim got into an argument with their Congressman over whether asbestos had been banned. The Congressman, like most people, assumed asbestos had long since been banned by the U.S. government. You can imagine the Congressman surprise when a quick internet search proved him wrong.

Articles like the Reuters story perpetuate this misconception. The truth is asbestos is regulated, but it’s not completely banned. This article offers a stark reminder that we must take action now to prevent future asbestos-related deaths, just like we must continue to hold companies responsible for their actions.

Bankruptcy does not make them accountable. It’s a slap on the wrist. These companies are going bankrupt because they knowingly produced a product that poisons people, and they don’t want to take responsibility for their actions. It allows these companies to continue to earn profits while evading their responsibility to compensate the people they killed.

Going bankrupt doesn’t prevent more people from continuing to develop asbestos-related illnesses. It doesn’t give closure to people who have been diagnosed with mesothelioma or asbestos induced lung cancer. Banning asbestos does.

But you shouldn’t believe everything you read. Click here to learn more about what you can do to ban asbestos.

Simmons Firm to Attend 2010 International Symposium on Malignant Mesothelioma

It’s once again that time of year when the mesothelioma community descends on Washington, D.C. for the 2010 International Symposium on Malignant Mesothelioma hosted by the Mesothelioma Applied Research Foundation

This year the 3-day meso conference will run from June 10-12, 2010. Day one will be spent visiting congressional leaders. Day two and three will feature presentations by leading researchers and doctors about the most recent developments for the treatment of meso. Support sessions will also be available for meso patients and their families throughout the event. Several representatives from Simmons will be attending to show our support.

A sampling of the presentations I’m looking forward to include:

• Navigating Mesothelioma Clinical Trials with GPS (Getting Personalized Service)
  Presented by Robert Taub, MD, PhD
• Present and Future of Meso Treatment: Surgeon and Researcher Perspective
  Presented by Harvey Pass, MD
• Update on Clinical Trials and Meso Research
  Presented by Mary Hesdorffer, MS, APRN-BC, Meso Foundation Medical Liaison

Click here to view the full agenda.(PDF)

During this year’s conference, MARF will recognize three families whose selflessness has helped raise awareness about the dangers of asbestos exposure and mesothelioma.  According to MARF:

“The Bendix family, the Ruble family and the Sterling family have endured tremendous personal losses at the hand of mesothelioma. Despite knowing that their loved ones could not personally benefit from the results of their work, they banded together with friends and communities, to ensure hope for future generations, by funding three critical research projects through the Meso Foundation’s Research Program.”

It’s contributions families and individuals like this make that move us closer to the day when better treatment options become available and closer to finding a cure. I encourage all of you to join us as the mesothelioma community comes together to fight back against this orphan disease.

Click here to register for the 2010 International Symposium on Malignant Mesothelioma 

Simmons Firm Employees “Get the Lead Out” in Support of a Mesothelioma Cure

It was cold on the morning of March 27, 2010, but that didn’t stop Gregg Kirkland and attorney Melissa Schopfer from the Simmons law firm from taking the street to fight for a cure for mesothelioma.

As participants in the 2010 “Get the Lead Out” 5K/10K run and 1 mile walk, Gregg and Melissa joined 600 others in raising more than $15,000 for mesothelioma research. The fundraiser was organized by The Norm Kulig 2Young2Go Foundation, which is dedicated to increasing the awareness of environmental related causes of cancer and furthering the scientific research of such cancers.

At the Simmons firm, we share these goals, which is why the firm served as a sponsor for the event. Like our own event, Miles for Meso, the Get the Lead Out 5K/10K not only raises much needed funding for mesothelioma research; it also attracts public attention to the serious problem of asbestos contamination and the danger it poses.

We’re extremely pleased Simmons employees were able to participate. Congratulations to the Foundation on a race well done!

Senate Resolution Declares a New "National Asbestos Awareness Week"

Senate Resolution Declares a New “National Asbestos Awareness Week”

At the beginning of March, I was excited to pass along the news that the U.S. Senate planned to introduce a resolution to declare the first week of April as “National Asbestos Awareness Week.” Now, less than a month later, I’m pleased to say that this resolution has passed, providing all those who fight for the rights of mesothelioma patients a new opportunity to raise awareness about this devastating disease.

In addition to designating National Asbestos Awareness Week, Senate Resolution 427  issues a call to the Surgeon General about the importance of educating the public about the dangers of asbestos. The resolution outlines these dangers, noting that thousands of Americans die from asbestos-related diseases every year.

The resolution also highlights the fact that, despite this high toll in human life, asbestos-exposure continues to be a threat to workers and our families. As the resolution notes, although the United States has reduced its use of asbestos, our industries have continued to consume 2,000 tons of the mineral in certain products. By outlining these dangers to the highest levels of government, the resolution will undoubtedly put a spotlight on this threat to the health of U.S. workers.

I’d like to thank the senators who helped bring this resolution to the floor, including Max Baucus (D-MT), Barbara Boxer (D-CA), Richard Durbin (D-IL), Dianne Feinstein (D-CA), Johnny Isakson (R-GA), Patrick Leahy (D-VT), Patty Murray (D-WA), Harry Reid (D-NV), and Jon Tester (D-MT). Praise also goes to the Asbestos Disease Awareness Organization (ADAO), which has fought tirelessly for the ban of asbestos. ADAO will hold its Sixth Annual International Asbestos Conference  on April 10, 2010 in Chicago, Illinois.

Merlin Olsen, NFL Legend and Television Star, Passes Away from Mesothelioma

With the passing of Merlin Olsen this week, famous NFL legend and television star, the word "mesothelioma" has rippled through the airwaves and headlines of giant media outlets like CNN, the New York Times, and even ESPN. Olsen, age 69, was diagnosed with mesothelioma last year.

Some people know him from his days playing defensive lineman for the Los Angeles Rams, where he earned acclaim as one of the "Fearsome Foursome" and was named to 14 consecutive Pro Bowls. 

I remember him more as Charles Ingalls' good friend in the TV series, "Little House on the Prairie," where he played the role of gentle giant, frequently keeping Charles from getting into trouble at the Sleepy Eye tavern.

In addition to his professional success, Olsen's reputation as a decent, charitable man has been remembered and memorialized over the last few days. In December of last year, his alma mater, Utah State University, announced that its football field would be named after him - Merlin Olsen Field.

It is always heartbreaking to hear about the loss of a mesothelioma patient. We can only hope that the absence of Olsen's friendly, well-known face may help ignite some much-needed awareness about this unnecessary cancer.