Every year more than 10,000 Americans die every year from asbestos related diseases, like mesothelioma. As asbestos attorneys, we see the hardship this disease can cause on individuals and families first hand.

The worst part is that this is a preventable disease. Many people think prevention steps have already been taken through an asbestos ban, but that’s not true. Asbestos is still used in certain products in the United States. In Canada, it’s legal to mine and export this deadly mineral to developing countries like India.

The Asbestos Disease Awareness Organization has organized a petition against asbestos use in North America. Released today, the goal is to collect 10,000 signatures to send to President Barack Obama and Canadian Prime Minister Stephen Harper.

Please give a few minutes of your time to sign and pass the petition on to your friends and family.

We’re having a busy week here at the firm getting ready for our annual Miles for Meso 5K race, which is happening this Saturday.

This year we’ve increased the prize money for the race to more than $6,000. That’s the largest 5K race purse in the Midwest. And it’s gotten a lot of attention. As of yesterday we have over 500 people registered to attend, including about 30 elite runners.

If you’re not planning on attending, but live in the Alton area, I would encourage you to come out and watch. The elite runners, who’ve come from all over the country and even Kenya, should make for an exciting event to watch. Here’s the Alton course map, if you’re interested.

The firm held the first Miles for Meso race in 2009 as a way to celebrate Mesothelioma Awareness Day and raise awareness about mesothelioma, a deadly cancer caused by asbestos exposure. Cumulatively the Alton race has fundraised over $50,000 for mesothelioma research. 

Huge thanks go to our Platinum sponsor STL Communications and our Gold Sponsors Clover Leaf Bank and Jenner & Block. (See the complete list over at the Miles for Meso sponsorship page.)

2011 Alton Miles for Meso Press Release

Alton Telegraph Article about Miles for Meso

If you still haven’t signed up to attend, registration will be open 7:30-8:45 a.m. on Saturday before the race at our new building, One Court St., in Alton. To learn more, visit the Alton Race page on the Miles for Meso web site.

Simmons Firm employees, clients and other members of the mesothelioma community came together during the 8th Annual International Symposium on Malignant Mesothelioma, held last month in Washington D.C.

Every year the symposium, hosted by the Mesothelioma Applied Research Foundation, provides a valuable forum for the mesothelioma community to learn about new treatment options, advocate for federal research dollars on Capitol Hill, and remember loved ones while celebrating those who still live.

This year client Larry Davis received the Meso Foundation’s 2011 Volunteer of the Year Award for his work organizing the South Florida Wishing Well Miles for Meso race, which has raised nearly $50,000 for the Meso Foundation.

Linda Reinstein, co-founder of the Asbestos Disease Awareness Organization, was awarded the Bruce Vento Hope Builder Award, for her national advocacy efforts to ban asbestos.

Firm Partner John Barnerd also participated in a legal panel during the conference. He addressed several legal issues related to asbestos exposure, the statute of limitations and other questions.

To view the pictures from the legal panel and other conference photos, visit the Simmons Law Firm Facebook Page. 

False marking claims have been in the news over the past year, as most intellectual property attorneys may well know. That’s because these kinds of cases have been launched to the forefront of several high profile court decisions and, as a result, big business is lobbying Congress to change the statute.

 The interest in false marking claims is so large that numerous Freedom of Information Action requests have been issued to obtain the settlement amounts from the Justice Department.

 Until now, it appeared that a limited few had access to this information and even fewer disseminated that information to the public. Because of this, most people, including both plaintiffs’ and defense attorneys, have relied on second hand sources to get settlement information on false marking settlements.

 If you’re like me, you don’t like to rely on hearsay, and we no longer have to.

 We’ve been informed by Justice Department officials that because they’ve received so many FOIA requests, 2010 and 2011 false marking settlements received by the government are now being released online directly to the public.

 The settlements are available in the Justice Department’s Electronic Reading Room under the “Frequently Requested Records” headline. Once there, select either “2010” or “2011” from the first drop-down menu. Then select “Settlement Payments Received for Section 292 Cases” from the second drop-down menu. As of today, it’s the only option available. Click “Select” and a PDF page will load with the settlement information.

Ventura County, California sheriff deputies have discovered that hundreds of people may have been wrongly convicted of driving under the influence since January 2011 as a result of a type of suspected faulty breathalyzer called the Alco-Sensor V, a handheld testing device made by a St. Louis-based company, Intoximeters, Inc. 

A DUI or DWI conviction has stiff penalties, as it should.  In 2009, there were 10,839 fatalities caused by alcohol-impaired driving crashes in the United States, according to the National Highway Traffic Safety Administration. We don't condone drunk driving and proper convictions ought not be overturned; however, convictions should be based on proper evidence. When a DUI is based on a breathalyzer, the machine must be accurate.

In Ventura County, where the reported inaccurate breathalyzer tests occurred, the penalties associated with driving under the influence are a $3,300 fine, a revoked driver’s license and arrest. Of course, a DUI arrest can cause much more expense than just this.

News reports indicate that at least 300 people in Ventura County may have suffered these penalties after receiving a faulty alcohol breath test. The authorities are currently reviewing the cases and notifying defendants whom they believe may have been wrongly convicted. Of course, many drivers may have suffered an arrest for a crime they didn't commit.

Our experienced defective device attorneys are in a position to help people convicted of a DUI in California and throughout the country if their conviction is based on evidence gathered by the alleged type of defective breathalyzer-like device. Our lawyers DO NOT fight DUI convictions in criminal court, rather our attorneys are investigating civil claims for money damages against the parties responsible, according to media reports, for the reported faulty breathalyzer.

This Sunday, Julie Gundlach, a client of the firm, will organize an asbestos awareness booth at the 22^nd Annual St. Louis Earth Day Festival in Forest Park. The booth is called the International Mesothelioma & Asbestos Awareness booth and is located under the covered walkway by the St. Louis Muny.

Julie will distribute information about asbestos and mesothelioma and collect signatures to support a U.S. ban on asbestos. She will then take those signatures to our congressional representatives later this summer when she travels to Washington for the MARF conference.

She is looking for additional volunteers to help gather signatures or for people to stop by and sign the petition anytime between 10:30 a.m. and 4 p.m. They'll be there all day. If you don’t have plans, please consider attending and helping out as this is a great opportunity to tell people about the environmental dangers of asbestos exposure.

St. Louis’ Earth Day is reputed to be one of the largest celebrations of the holiday in the country. This year more than 200 artists, educational exhibitors, food vendors, businesses and organizations will set up booths throughout Forest Park. Other special events include live musical performances, a Mississippi River barge trip and a recycling extravaganza.

Earlier this month, Julie was awarded the Alan Reinstein Award by the Asbestos Disease Awareness Organization for her commitment to spreading awareness about the dangers of asbestos exposure and mesothelioma. The St. Louis Earth Day is one of the many advocacy initiatives, like Miles for Meso, that she does in the St. Louis area.

During the 7th Annual Asbestos Disease Awareness Conference, Julie shared her story and encouraged others to get involved through a presentation called "The Power of Public Health Advocacy: A Patient's Perspective." It's easy for everyone to dismiss the power they have to make a difference, especially when they're going up against businesses who have been using asbestos for decades. But Julie's story, and this presentation, is encouraging. She's only one person, but through her work, a difference is being made.

Julie Gundlach, a client of the Simmons Law Firm and an inspiration for mesothelioma patients everywhere, has been included as one of the honorees for the 7th Annual International Asbestos Awareness Conference, which takes place this year April 1-3 in Atlanta.

Every year, the conference recognizes outstanding individuals from around the world who serve as a voice for asbestos victims, raise awareness about the dangers of asbestos exposure and advocate for a worldwide ban of asbestos.

Julie will be presented with the Alan Reinstein Award for her commitment to education, advocacy, and support to countless patients and families, according to the Asbestos Disease Awareness Organization, which sponsors the conference.

Julie regularly volunteers, organizes fundraisers and advocates to politicians about the need for a full ban of asbestos in the U.S. She has also repeatedly told her survival story to news organizations in an effort to help people realize that if the deadly consequences of asbestos exposure can happen to her – a mother and photographer in her 30s– it can happen to anyone.

Most notably this past summer, Julie’s story was included in an in-depth investigative piece on the dangers of asbestos by McClatchy News Service and was available for publication in newspapers across the world. She also helped promote Miles for Meso and Mesothelioma Awareness Day in the St. Louis area by speaking with reporters here and here.

I would like to congratulate Julie and her family for this recognition. Julie has worked tirelessly to advocate for an asbestos ban and to promote awareness about mesothelioma. ADAO could not have selected a better person for this honor.

The other 2011 ADAO honorees are as follows:

U.S. Senator Max Baucus will be presented with the Tribute of Hope Award for his steadfast commitment and determination to ban asbestos. 

Environmental Information Association will receive the Tribute of Unity Award for its committed work to increase asbestos awareness in efforts to prevent exposure and disease.   

Guadalupe Aguilar Madrid, M.D., MSc, Ph.D., will be recognized with the Dr. Irving Selikoff Lifetime Achievement Award in honor of her dedicated research into the social and medical impact asbestos has had on humankind in Mexico and around the world. 

Sugio Furuya will be presented with the Tribute of Inspiration Award for being a bridge of hope and strength to victims of asbestos exposure in Asia and across the globe.  

Visit www.adao.us for more information about the conference or to register online.