As part of our commitment to offering news and information on asbestos exposure and mesothelioma, the lawyers at the Simmons Firm have rounded up some of this week's headlines.

• Additional Mesothelioma Funding through DoD:
  Mesothelioma will again be included on the list of diseases eligible for research funding through the Department of Defense’s (DoD) Peer Reviewed Cancer Research Program (PRCRP). The disease first became eligible to receive funding in 2008 due to the disproportionate rate by which military personnel are affected by mesothelioma. Since this time, the DoD has funded $5.8 million in mesothelioma research.


• Treatment of Mesothelioma Based on Extent of the Cancer:
  This article by the American Cancer Society offers information on mesothelioma treatment options. According to the article, “Mesothelioma can be hard to treat, no matter the stage of the cancer” For this reason it becomes important to understand the goal of the treatment before it begins. In addition to the stage of the disease, the patient’s health and preferences also help the doctor determine the type of treatment available.


• Increasing Asbestos Awareness One Signature at a Time:
  The Asbestos Disease Awareness Organization (ADAO) and Canadian Voices of Asbestos Victims (CVAV) have seen success from their petition drive advocating increased awareness of the dangers of asbestos exposure. Currently the petition has received support from more than 500 individuals and 40 organizations. Visit the Asbestos Disease Awareness Organization for details or to sign the petition.


• Cause of Lung Cancer in Non-Smokers:
  This article looks at the causes and effects of lung cancer in non-smokers. After smoking, the causes of cancer can include secondhand smoke, exposure to radon gas, exposure to carcinogens at work, and air pollution. While the leading cause of lung cancer in nonsmokers, according to the US Environmental Protection Agency (EPA), is exposure to radon gas, the workplace as a source for exposure to carcinogens, like asbestos and diesel exhaust, has also attributed to a number of diagnoses.


• Industrial Site Being Cleared of Asbestos:
  Demolition work and asbestos removal at an industrial site in Norristown, Pennsylvania is expected to be completed by midsummer. The site, which was purchased as a possible relocation spot for the Norristown Sewage Treatment plant, is currently contaminated with asbestos. The asbestos removal and demolition work is being conducted by the Environmental Consulting Inc. (ECI) of Norristown.

As part of our commitment to helping families affected by mesothelioma and other asbestos-related diseases, the mesothelioma lawyers at the Simmons Firm are offering information on asbestos exposure, mesothelioma diagnosis, and treatment options.

• Potential Therapy for Malignant Pleural Mesothelioma:
  A chemotherapy drug has been granted Orphan Drug Designation for the possible treatment of malignant pleural mesothelioma. As a ‘novel synthetic compound,’ the drug, CBP501, has been approved for use in combination with Cisplatin. Phase II of this trial was completed in October 2011 and approved in January. Results of this trial should be released this summer, and they may lead to a larger phase III trial.
• ATSDR: Guide on Asbestos Exposure:
  The Agency for Toxic Substances and Disease Registry (ATSDR) offers information on asbestos, asbestos exposure, and asbestos related illness. This guide from the ASTDR is intended to help people understand the types of illnesses asbestos may cause and provide advice on where to look for additional help and information.
• ADAO Goes To Washington:
  The Asbestos Disease Awareness Organization (ADAO) will hold an educational senate briefing, Asbestos: The Impact on Public Health, the Environment, and the Economy. In addition to the briefing, the group of ADAO representatives will meet with government officials with the hopes of offering critical asbestos information, encouraging bipartisan collaboration, and addressing the threat of asbestos.
• Mesothelioma Treatment Research:
  Researchers at the Asbestos Disease Research Institute in Sydney, Australia are reporting that they may have found a possible “Tumor Marker” in patients suffering from mesothelioma and other asbestos related cancers. These markers, which are found in blood or tumor tissues, may offer evidence as to how aggressive the disease is, which in turn may ultimately offer insight into better treatment options.
• Asbestos Found in Nursing Home:
  Parts of a Lehigh Valley, PA nursing home have been shut down after officials discovered high levels of asbestos. While the material was not found to be airborne in any of the patients’ rooms, the nursing home’s maintenance shop, carpenter shop, break room and a storage room have tested positive.
• Asbestos Removal Complete at DOE Site in Ohio:
  A project to remove asbestos from a Department of Energy (DOE) process building near Piketon, OH has been completed. The removal process was the first step in a decontamination and decommissioning process that will result in the demolition of the building.

As part of our commitment to offering news and information concerning asbestos exposure and mesothelioma, the mesothelioma lawyers at the Simmons Firm have rounded up some of this week’s headlines.

• Recent Mesothelioma Treatment Innovations:
  This Brigham and Women’s Hospital article outlines a few innovative treatment options in respect to mesothelioma. Intracavitary chemotherapy, photodynamic therapy, immunotherapy, brachytherapy, and alternative medicines are among the mesothelioma treatment options discussed in the article.
• Mesothelioma Patients Chosen to Review Federal Funding Program
  Three mesothelioma patients, nominated by the Mesothelioma Applied Research Foundation and accepted through the Department of Defense (DoD), will serve as consumer reviewers for the Congressionally Directed Medical Research Program (CDMRP). Funded and directed by the DoD, the CDRMP distributes research funding for diseases that disproportionately affect veterans. The goal of this consumer review panel is to ensure that the needs of those veterans affected by mesothelioma are recognized.
• ADAO's 8th Annual International Asbestos Awareness Conference Scheduled:
  The ADAO will host its 8th annual asbestos awareness conference, “Asbestos: An International Public Health Crisis,” from March 30 – April 1, 2012. Bringing together leaders from around the globe, the focus of the conference is to discuss how asbestos has impacted public health, the environment, and the economy. The Simmons Firm is proud to support ADAO.
• Asbestos Exposure Danger in Yakima Valley
  After a fire destroyed two restaurants in Yakima Valley, WA last spring, residents have become aware of the presence of asbestos in a number of the area’s older buildings. Scheduled building demolition projects that may require the removal of asbestos include the Safari and El Conquistador restaurants as well as the Eisenhower High School.
• Asbestos Exposure and the Dangers of Home Improvement
  This ABC report warns against the hidden dangers of home improvement. Due to its one-time popularity as a favorite building material, many older homes were constructed with asbestos. Because asbestos exposure is directly linked to mesothelioma, lung cancer and other asbestos related diseases, people who decide to take on “do-it-yourself projects” may place themselves at risk.

Please note that if you or a loved one has been diagnosed with mesothelioma, the mesothelioma lawyers from the Simmons Law Firm are here to offer guidance, information and legal counsel. We are committed to helping families affected by mesothelioma and are a leading supporter of mesothelioma research throughout the country. For more information, call our law firm today for a free consultation at 1-866-468-8631 or contact us online.

• Asbestos Found in Little Rock, Arkansas
  

The U.S. Environmental Protection Agency has conducted asbestos testing in Conley Park and the former North Little Rock Auto Salvage Center. The North Little Rock Salvage Site, which operated from 1953 to 1989, was used as a vermiculite processing facility. The vermiculite came from a mine located in Libby, Montana, which was later found to be infected with asbestos. The EPA is reporting that some asbestos contamination has been found in both the old processing plant as well as parts of the surrounding area.

• Meso Research Foundation Continues Mission to Eradicate Mesothelioma
  

Throughout the year 2011, the Mesothelioma Applied Research Foundation continued its efforts towards increasing awareness of mesothelioma cancer and increasing funding towards the development of new mesothelioma treatment  advancements. In addition to funding its research programs, the foundation’s many efforts included providing patient service programs, advocating in Washington for funding, and leading local-centric awareness campaigns in cities, towns, and states around the United States. The Simmons Firm is proud to support the Meso Foundation.

• Asbestos-Warning Signs Alert Buffalo Residents 

Residents of a Buffalo apartment complex were alarmed when asbestos-warning signs were suddenly posted at their Marine Drive Apartment building. The signs, which were initially posted without any further notice, left residents wondering if they were at risk for asbestos exposure. These warnings were a result of asbestos materials being found and removed from the apartment complex in August. The warning notices also confirmed the possible presence of asbestos containing materials being present throughout the building, including floor tile, linoleum, plaster ceilings, heating pipes and caulking. Officials are noting that currently only common areas, the boiler room and the maintenance room are affected. 

• PHOTOFRIN® for Mesothelioma Treatment Receives FDA Approval
  

Pinnacle Biologics, Inc., a bio-pharmaceutical company, has received FDA approval for an Orphan Drug Designation (ODD) for their product PHOTOFRIN® (porfimer sodium). Pinnacle will evaluate the current clinical data, in hopes to bring this important treatment option to patients with malignant pleural mesothelioma.

• Asbestos Disease Awareness Organization Announces Honorees:  Dedicated to providing education, advocacy and community initiatives for asbestos victims, the Asbestos Disease Awareness Organization (ADAO) has announced its honorees and keynote speaker for the 8th Annual International Asbestos Awareness Conference. The event, which will be held March 30 to April 1, 2012 in Los Angeles, CA, will bring together experts, activists and asbestos victims in one single forum. The focus of which is to enhance asbestos awareness, education, treatment, and collaboration. The Simmons Firm is proud to support ADAO.
  

Please note that if you or a loved one has been diagnosed with mesothelioma, the mesothelioma lawyers from the Simmons Law Firm are here to offer guidance, information and legal counsel. We are committed to helping families affected by mesothelioma and are a leading supporter of mesothelioma research throughout the country.  For more information, call our law firm today for a free consultation at 1-866-468-8631 or contact us online. 

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.

As a leading mesothelioma law firm, the mesothelioma lawyers from the Simmons Firm are committed to offering information on asbestos exposure, mesothelioma diagnosis, and treatment options.  

Almost two years ago several homeowners filed lawsuits accusing eight major homebuilders of causing them serious financial injuries.  These injuries came to light when the housing market crashed and these normal, responsible homeowners saw their communities deteriorate around them.  

They were traditional homebuyers who bought homes in new developments advertised as “stable” and “traditional”; they were owner-occupants in communities where homes were not supposed to be sold to investors.  But it turned out that the vision they bought into was just a glossy sales campaign:  in fact, the developers had filled the communities with unqualified buyers who stood no chance of weathering an economic downturn.  

Taking action, our clients filed lawsuits alleging that the builder/developers deceived them about the nature and quality of the communities they were developing and of the homes they were building, marketing, and selling.  Our clients overpaid for what they really got.  And now that the curtain has been drawn back on the housing crisis, it’s clear that their homes and communities are less desirable to live in and suffered home value declines exacerbated by the true nature of these communities.  Developments flooded with high-risk borrowers have yielded a landscape of foreclosures, short sales, and blight. 

But there was one problem:  the homebuilders argued that because our clients hadn’t sold their homes, they hadn’t actually suffered an injury.  Legally speaking, they argued that the plaintiffs didn’t have “standing” to bring a lawsuit – they assert that responsible people who have stayed in their homes haven’t actually lost anything in this crash.  

Last week one of the most influential courts in America disagreed, allowing the homeowners’ suit to continue and, in the process, issuing one of the most recent appellate-level pronouncements on the Constitutional doctrine of standing. 

As reported by Reuters:

Against what the court called "the backdrop of the national housing crisis," the 9th U.S. Circuit Court of Appeals in San Francisco said last Wednesday a lower court erred in concluding the homeowners lacked standing to pursue their fraud claims.

You can read the full ruling here. 

The Ninth Circuit’s opinion debunked once and for all the strained argument that homeowners somehow could not claim they were harmed merely because they had not yet “realized” a loss through sale of their homes at a loss.   As Americans know all too well, declining real estate values have an immediate financial impact on people’s lives even without a sale. 

Tracing Supreme Court precedent as well as decisions from the Ninth Circuit and other circuits, the court concluded definitively that “a present decrease in the economic value of one’s home is a cognizable and concrete injury-in-fact.”

The Ninth Circuit’s opinion also rejected the homebuilders’ argument that homeowners could not claim an injury based on being misled into paying more for their homes than the homes were worth.  No better was the argument that homeowners weren’t wronged because they had received the “benefit of their bargain” and that buyers merely paid prices in line with what the market supported.  The court noted that these homeowners allege that the market for homes in these communities was set not by competition or on the merits, but by the homebuilders’ misrepresentations about what it was they were selling.  

This is an early victory for our clients and other homebuyers who, pursuing the American dream of home ownership, became victims of opportunistic players in the housing industry.  We look forward to returning to the trial court. We intend to prove the allegations made in these cases and hold those who profited from this wrongdoing accountable. 

For more information on joining the lawsuit, click here.