Commentary and insight about the complex legal, medical and social issues surrounding mesothelioma, asbestos and more.

Bozeman, Montana Initiates Efforts for More Asbestos Cleanups

January 2, 2009

The city of Bozeman, Montana, has taken the next step towards the cleanup of the asbestos contamination at the current Superfund site near the Bozeman Public Library. The area around the public library was once used to store and mill asbestos ore from Gallatin County and then distributed to other areas of the country. The area was used for this purpose during the first half of the twentieth century. The current proposal made by the city is actually an addendum to the Voluntary Cleanup Plan that was adopted in 2002.

After receiving the Bozeman cleanup proposal, the Montana Department of Environmental Quality (DEQ) began to seek out public opinions regarding the area. The new plan involves the excavation of the asbestos-contaminated soil near the library, the enforcement of proper asbestos disposal efforts at the Bozeman Landfill, proper training of city officials and employees in regard to asbestos removal and cleanup, as well as deed restrictions for properties containing asbestos. This remaining asbestos cleanup could cost as much as $438,000, a percentage of which will be reimbursed to the city by the DEQ. 

These efforts will hopefully help to ensure the safety of the current and future residents of Bozeman, as exposure to asbestos has been known to cause several diseases, including asbestosis, lung cancer and the terminal cancer, mesothelioma. Asbestos exposure has also been known to cause gastrointestinal and colon cancers. The latency period of asbestos disease makes diagnosis of conditions such as mesothelioma difficult and often too late to start treatment.

The addendum proposed by the city will expand to properties not covered in the first Voluntary Cleanup Plan. Many of these areas are heavily contaminated with asbestos. Superfund is the federal government program designed to clean up the nation’s uncontrolled hazardous waste sites, which began the Bozeman project years ago. The Montana DEQ is excited to work with the residents and city to finalize efforts for the city’s cleanup and control the asbestos exposure among residents.

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Two Major Settlements In Asbestos-Related Illness Lawsuits

January 2, 2009

Victims of asbestos-related illnesses achieved two victories recently, as multiple manufacturers are held financially responsible for the victims' illnesses. Two cases were heard, one in California and one in Florida, and the jury found in favor of the plaintiffs who received settlements in the millions.

The Times Herald reported that the San Francisco Superior Court heard the case of Robert Hilly, a 64-year-old resident of Vallejo that in 2007 had been diagnosed with mesothelioma, a terminal lung cancer that is caused by exposure to airborne asbestos fibers. Hilt had worked in maintenance for Schlage Lock Co.’s Bayshore Plant from 1963 until 1965. In 1970 he was employed by the Hunters Point Naval Shipyard and also did work for the Mare Island Naval Shipyard as a machinist. From 1972 until his retirement in 2004, Hilt worked for the U.S. Mint in San Francisco. Each of these work environments, especially those many years in the shipyards where asbestos exposure is prevalent, probably contributed to Hilly’s mesothelioma diagnosis. The SF Superior Court granted Hilly over $7.5 million in settlements from 11 defendants that made, supplied or distributed the asbestos-containing products Hilt had worked around for over a decade. This is one of California’s largest settlements for a plaintiff of Hilt’s age, and most of the defendants settled out of court. 

Meanwhile in Florida, the Miami Herald reported that courts heard the case of Linda Daly, a 57-year-old woman who was also diagnosed with mesothelioma in 2007. Daly’s exposure to the airborne asbestos responsible for her cancer diagnosis occurred during her employment at a Ford dealership in the 1970s, where she worked on brakes manufactured by Ford Motor Co. and Pneumo Abex. These brakes contained asbestos. The defendants argued that not only did Daly not have mesothelioma, although her diagnosis was confirmed by her physicians, but that although asbestos is deadly, they are not responsible. Fortunately the Broward County court felt otherwise and after only 6 hours of deliberation, the jury found Ford Motor Co. at fault and ordered them to pay $3.6 million to Mrs. Daly. This case will likely be appealed.

Large verdicts such as these against those who have caused other individuals to become sick or die of asbestos-related illnesses not only bring hope to future victims, but they also act as a constant reminder to all industries of the dangers of asbestos and the need to protect our employees, families and communities.

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New Asbestos Cancer Research from Ohio State University

December 30, 2008

Ohio State University scientists are hoping to discover how asbestos fibers form cancer in human cells. Although clinical applications for the research are years away, researchers hope their work will aid in new treatments and drug developments that ultimately increase the number of mesothelioma survivors.

The OSU research involves the use of atomic force microscopy, which will allow researchers to observe what happens after asbestos exposure on a molecular level. In particular, researchers hope to be able to see how a single asbestos fiber binds with a receptor protein on a cell’s surface. Eric Taylor, a doctoral candidate in earth science at Ohio State, explains that they are “looking at what molecules are involved in a chain of events when the fiber touches the cell. Does the binding occur over minutes or hours and what processes are triggered?”

The study will begin with a focus on blue asbestos, a once-common form of asbestos used in ceiling tiles and insulation that was banned from most of the US in 1980, but is still a risk to many people today. Scientists hope to then continue their studies on all six forms of asbestos fibers. The first protein to be studied will be the epidermal growth factor receptor. This receptor is present on the surface of every human cell.

Understanding the intricacies of the binding process between asbestos minerals and proteins might help researchers figure out how to prevent or even undo the interaction which currently causes serious asbestos-related illnesses. The conditions commonly associated with asbestos exposure include lung cancer, asbestosis and mesothelioma, a largely terminal cancer that forms in the membrane lining of the lungs or stomach.

Although the motivation for this project is to find a way to intervene and prevent asbestos-related disease after asbestos exposure, we are hopeful that this research will open the door for new treatment options and possibly a cure or key to remission for mesothelioma patients.

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Asbestos-Related Illnesses and Deaths Grow According to CDC Report

December 29, 2008

Big industry had for years claimed that asbestos was safe and not a risk to human life, and it is only after years of research -- and thousands of deaths -- that the true dangers of asbestos exposure have become crystal clear. The Centers for Disease Control reports that despite efforts to lower exposure rates to asbestos, more people, and especially tradesmen, are continuing to develop health problems associated with the hazardous fibers. 

Doctors with the National Institute for Occupational Safety and Health performed their research with over 38 years of data. This data showed that the number of premature deaths, or deaths that occurred before the age of 65, from asbestos-related diseases are occurring at a high rate now and will continue to increase in years to come. The increase will become more apparent as the latency period between exposure and the onset of asbestos disease is between 20 to 50 years. Many people exposed to asbestos in their teens and twenties during the 50s and 60s are only now developing symptoms. The diseases take so long to have their full impact that death and disease will continue to grow.

Asbestos is a naturally occurring mineral fiber that was mined and used extensively in insulation and other uses in a wide range of products for its heat resistance. When loose asbestos fibers are inhaled, they “grab onto” the lining of the lungs and other internal organs, which can lead to debilitating and often terminal disease. The terminal lung cancer mesothelioma is a major killer, with most patients diagnosed only having a few months to a year to live.

According to the CDC’s study, almost 13% of victims who died from asbestosis were tradesmen between the ages of 25 and 64. Actually, tradesmen and construction workers accounted for the largest percentage of asbestos-related deaths. Although many uses of asbestos have been banned since the 1980s, researchers still estimate that there are 1.3 million construction workers being exposed to asbestos every year through building demolitions or renovation work.

Contrary to popular belief, asbestos is still in use by some industries today. In their study, the CDC stated that more than 2,000 metric tons of asbestos was used in manufacturing in the US in 2006 alone, and an unknown amount was imported. In addition, asbestos remains in the building materials in many homes and buildings that were built prior to 1970.

The study also cited other top industries in which high rates of asbestos-related diseases among workers were noted, including shipbuilding and repair, the military, and automobile maintenance. Researchers urge for the continued efforts to spread awareness of the dangers of asbestos. Since many symptoms of asbestos-related diseases are similar to other common illnesses and non-asbestos related lung cancer, health experts recommend the use of chest x-rays, CT imaging, and biopsy to diagnose and screen patients who may have been exposed to asbestos either at work or in the home.

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Hamner Institute Receives Grant For Asbestos Study From EPA

December 24, 2008

The Environmental Protection Agency has awarded The Hamner Institute for Health Services a $2.1 million contract to research the health effects of asbestos exposure. The three-year study will focus on vermiculite, and in particular, asbestos-contaminated vermiculite that was widely used in insulation and industrial packing materials.

The Hamner Institute, a science center located in Research Triangle Park (North Carolina) and once associated with the chemical industry, is striving to become one of the largest independent health research centers in the country. The Hamner Institute currently has more than 30 years of national and international experience in public health and environmental sciences research and continues to advance technologies that conduct chemical safety assessments and tools for assessing human health risks in products and chemicals.

The world’s leading source of vermiculite was from a mine in Libby, Montana operated by W.R Grace. Although the mine was shut down in 1990, asbestos-contaminated vermiculite was shipped to hundreds of locations throughout the United States. It is widely known that workers of the Libby mines and residents of the town became ill with asbestos-related diseases including mesothelioma, a terminal form of cancer. The research proposed by the Hamner Institute will help to gauge the effect of the vermiculite on areas where the product was shipped. 

Asbestos-related illnesses are still considered rare, although there are thousands of deaths each year that are attributed to asbestos exposure. It is the hope of the EPA and the cancer community that this contract and research will allow for significant progress in this field.

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University of Minnesota Gives Update on Mesothelioma Study

December 19, 2008

In 2006, the University of Minnesota began a $4.9-million-dollar study of mesothelioma in the Iron Ridge of Minnesota, where unusually high rates of the rare and terminal lung cancer have been discovered. Interest in the study was sparked further as the Minnesota Department of Health began reviewing data from the state cancer registry in preparation for the study and discovered an alarming number of mesothelioma deaths in Minnesota’s iron mining industry.

The Iron Range is located in the northeastern region of Minnesota. It is a landscape that is rich in taconite, which contains iron and silica and is melted down to produce steel. The research into the region will continue, with health screenings for miners of the region and their families to begin this spring. Researchers hope to complete random screenings of at least 2000 people in the Iron Ridge region. The screenings will be completed at the Virginia Regional Medical Center in the next six to nine months. 

The questions raised during this research include if the taconite dust may be contaminated with asbestos or if the exposure occurred at various construction and labor jobs around the taconite mines.

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Asbestos Violations Cited In Bend, Oregon

December 17, 2008

According to the local ABC affiliate KOHD, two companies were recently fined $15,000 in civil penalties by the Oregon Department of Environmental Quality for unlicensed asbestos abatement during the demolition of three mobile home units at Sun Country Mobile Home Park in Bend, Oregon. An asbestos survey conducted by the property owner at the site in April 2008 indicated that asbestos was present in paint located on the roofs of three of the units. In addition to the unlicensed asbestos abatement fines, Hoviss Build Group LLC and Williamette Builders Group LLC were also fined for failing to deposit the asbestos-containing waste materials at an approved DEQ disposal site.

Once the property owner knew that there was asbestos in the roof of the trailer units, it should have only hired a licensed asbestos abatement company to handle its removal, which Hoviss and Williamette are not. The Central Oregon Investors LLC, owners of the Sun Country Park, was also fined $16,651 for allowing unlicensed workers to perform an asbestos abatement project.

Exposure to airborne asbestos is a danger to both the workers that handled the demolition project and to nearby residents. There is no safe level of asbestos exposure once the material has been rendered “friable," meaning the material is likely to cause asbestos fibers to become airborne. Exposure to asbestos fibers can cause a number of respiratory illnesses and has been proven to cause terminal lung cancer known as mesothelioma. 

The Department of Environmental Quality in Oregon requires that a licensed asbestos abatement contractor must remove any material containing more than 1% asbestos. A licensed asbestos abatement contractor will know how to properly remove and contain the materials to limit the risk of exposure. These licensed contractors are also equipped with the proper protective clothing and masks.

The fines issued by each state for improper handling of asbestos materials are important to the safety of employees and residents everywhere. The companies have 20 days to appeal.

Drawing attention to these events helps to raise overall asbestos awareness and awareness of the dangers of asbestos exposure.

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