Simmons Firm client dies of mesothelioma exactly 70 years after surviving Pearl Harbor attack

A hero died last week. Of course, he wouldn’t consider himself a hero. Most never do.

Frank Curre was one of the last surviving veterans of Pearl Harbor. He died Dec. 7, 2011, the 70^th Anniversary of the attack. Frank was 88 years-old and died of mesothelioma, a rare but almost always fatal cancer caused by asbestos exposure.

I had the privilege of meeting Frank over a year ago and serving as his family’s lawyer.

As Frank aged, his memory began to fail him. He’d say that he couldn’t remember what he read in the paper that morning. But he always remembered what happened the day of Pearl Harbor.

Anyone who met Frank was touched by his memories. He’d been recounting them for years to family, friends, reporters and school children.  His stories never grew old. Listeners said his words, descriptions of what happened, put you right there on the deck of his ship during the attack.

The morning of Dec. 7, 1941, he was working as a mess cook on the USS Tennessee.  He heard two huge, consecutive blasts. By the time he reached the deck, a bomb had destroyed the USS Arizona.

“That ship come 12-15 foot in the air, broke in two and settled back down,” Frank said this past November in an NPR interview. “If you’d had a bag of popcorn and you’d went out here in the breeze and threw it up in the air – that was bodies that went out all over the harbor.”

Those memories – those nightmares – would never leave him. Everything that happened that day was tattooed on his soul.

I remember receiving a call from Frank’s daughter Linda this past October. He wasn’t going to make it much longer, she said. Much to our surprise, Veteran’s Day came and went, and we began to think, maybe, he was meant to hold on.

"It's like he held on for today, which is his special day," Linda told the family’s local newspaper on Dec. 7.

It was his special day, and he did his best to make sure it was everyone else’s special day as well. When anyone called him a hero, he pointed to the men and women who died that day. They are the real heroes, he said. He spent 70 years telling their stories and keeping their memories alive.

Technology will now take over for Frank. You can listen to his stories, told in his own words, at NPR’s StoryCorps.

Click here to listen to Frank tell the story of Pearl Harbor.

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.

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. 

Many union workers exposed to asbestos have been led to believe that they have no legal options once they are diagnosed with mesothelioma. That’s not true.

The St. Louis Labor Tribune, the country’s largest union newspaper at 90,000 paid subscribers, published an article in the May 5 edition informing their readers about this misconception. The Simmons Law Firm, and myself, were featured in the article, titled “Decades later, asbestos still haunting union workers and families.”

Thousands of Missouri and Illinois trade workers have died from mesothelioma, and, as reporter Kevin Weaks wrote, “all they did was take a breath.”

So what do you do if you believe you’ve been exposed to asbestos? There are some precautionary steps that you can take.

First, educate yourself about asbestos and mesothelioma. It is a complicated topic and the Internet has just as much misinformation as it does correct information. Some reputable places to start include the Mesothelioma Applied Research Foundation andthe Asbestos Disease Awareness Organization. I’ve included additional links below to government studies and fact sheets.

Next, make a record of any of your potential past exposures. The Many companies knew about the dangers of asbestos. In the St. Louis area alone there are dozens of jobsites where asbestos exposure could have occurred. If you have records that you worked at a jobsite and used this product that contained asbestos, that’s important information.

Third, take that record to your doctor before you do anything else. Have an open conversation about your past exposure with him or her. They can help you evaluate your medical risk and make the best recommendations about what to do next.

Mesothelioma, while one of the more deadly consequences of asbestos exposure, is not the only illness linked to these exposures. Asbestos can increase your the risk of lung cancer, asbestosis, a noncancerous lung ailment, and other cancers, such as those of the larynx and kidneys.

No amount of money will give you back your health, and as firm partner Chris Guinn said in the above article, “We tell our clients that the most important thing is to focus on their treatment.”

For me, December and the holiday season has always been a time to reflect on the past year. A time to remember the challenges we’ve overcome; the projects we’ve spearheaded; and the goals we’ve achieved. Below I’ve compiled highlights from 2010.

Throughout the year, our attorneys continued to fight on behalf of victims of mesothelioma and their families. This summer, we secured a favorable appeal in Simpkins v. CSX Transportation for all Illinois families impacted by a mesothelioma diagnosis. The Appellate Court of Illinois ruled that employers do have a duty to inform their employees’ family members about the dangers of take home asbestos exposure. The ruling established an important precedent for mesothelioma victims and their families.

The firm’s success did not stop with our mesothelioma practice. This spring the commercial litigation department secured a $32 million dollar settlement in an antitrust lawsuit. Then throughout the year, the intellectual property department secured two preliminary injunctions in separate cases, including one involving camouflage sports apparel and vampire welding helmets. This year once again proved that partnering with clients, instead of billing exorbitant hourly rates, gets better results, faster.

Our pharmaceutical litigation department gained momentum early on in 2010 by attaining leadership roles in the Yaz and Chantix cases, both examples of high-visibility litigation the firm has handled over the years. I expect momentum to only increase as our phrama team continues to advocate for consumer rights and investigate drugs pulled from the market by the Food & Drug Administration through 2011.

The mesothelioma community made great strides in 2010 by ramping up efforts to improve awareness of mesothelioma and the dangers of asbestos. We were pleased to celebrate several victories with our friends at the Asbestos Disease Awareness Organization and the Mesothelioma Applied Research Foundation. In April, the U.S. senate passed a resolution declaring the first week of April as National Asbestos Awareness Week. Then, in November, after many months of hard work educating congressional leaders about the need for more awareness about mesothelioma, the U.S. House passed a resolution making Sept. 26, National Mesothelioma Awareness Day. The mesothelioma community has also moved into the social media world. You can now fan the Simmons firm, Miles for Meso, Ban Asbestos Now! and ADAO & MARF on Facebook.

In 2010, the firm tripled our own ongoing efforts to promote awareness of mesothelioma by becoming the national sponsor of Miles for Meso, starting the Simmons Mesothelioma Foundation, and celebrating the opening of the Simmons Cancer Institute.

The firm’s non-profit endeavors did much during 2010 to help our community and cancer patients across the county. The Foundation formed critical partnerships with leading medical mesothelioma experts throughout the country, which provides mesothelioma patients with cutting-edge treatment options regardless of where they’re located in the United States. In addition, the firm hosted the Second Annual Alton 5K Miles for Meso Run & Walk, and sponsored additional Miles for Meso races in Florida, Indiana and Virginia. The three races combined raised approximately $40,000 for mesothelioma research and drew just under 1,000 participants.

I’m also proud of the work our employees, through the Simmons Employee Foundation, have done this year to improve life in our local community. This spring, they hosted their 4^th Annual Dinner Auction, which raised more than $200,000 for two area charities. Then this fall, the employee’s annual golf tournament raised just over $15,000 for two other local charities. These two events, while the most visible, represent only a portion of the work and donations the firm’s employees contributed to their communities throughout this economically difficult year.

Looking back, the firm has had a very busy 2010. Yet, looking forward, life at the firm is going to get even busier. If you haven’t heard, the firm is relocating its headquarters to Alton, Illinois. Since the summer we’ve been renovating the old Jefferson Smurfit building in downtown Alton. It’s a beautiful location surrounded by historic brick streets and stunning views of the Clark Bridge and Mississippi River.

 As we literally move into 2011 and into our new building, we’ll continue to fight for the rights of patients and their families. We’ll work to raise awareness about mesothelioma, generate funds for mesothelioma research, and call for legislation banning the use of asbestos. We are grateful for 2010 and look forward to the challenges of the coming year.

Simmons Law Firm advocates for veterans who died from asbestos related diseases

On this Veterans Day, please remember to light a candle in memory of those who gave their lives to protect ours; to say a prayer for those who are still overseas protecting us; and to thank those who served and came home to a nation they made great. 

As a firm that specializes in asbestos-related diseases, many of our clients are veterans. Today, we’d like to advocate on behalf of those who passed away from lung cancer and mesothelioma due to their asbestos exposure during their time of service.

Throughout the twentieth century, the US military made widespread use of asbestos, a dangerous mineral linked to a number of diseases like lung cancer, asbestosis and mesothelioma. Asbestos was popular because of its heat-resistant properties, making it especially useful for fireproofing living quarters and seagoing vessels.  

According to the US Department of Veteran Affairs, there are approximately 23 million veterans living in the country today. Thanks to the military’s decades of uncontrolled asbestos use, many of these veterans were unknowingly exposed to asbestos throughout their years of service. Navy veterans who worked on and around ships built before the mid 1970s are especially at risk, since they may have been exposed to concentrated doses of asbestos below deck. Since the firstsymptoms of mesothelioma normally do not appear until decades after exposure, many of these veterans have only recently been diagnosed with this fatal disease.

Despite this, close to 1,700 metric tons of asbestos was imported to the United States in 2008. It’s not banned, and – although it’s highly regulated – asbestos is still found in household products like insulation, shingles and siding.

America’s veterans who have been diagnosed with an asbestos related disease don’t back down from a fight. They don’t waste time feeling sorry for themselves or being resentful about something they know they can’t change. They remain proud of their service to their country and the time they spent in the Navy, Army, Air Force, or Marines. Like any hardworking American, though, they deserve a chance to be heard.

The same goes for any veteran who has fallen upon hard times. One of our attorneys, Mike Stewart, a veteran himself, volunteers with Madison County’s veteran court. It’s a court program run by veterans for veterans. The special court helps honorably discharged veterans who are struggling with legal problems resulting from drug, alcohol or mental health problems.

Here’s a great article about Madison County’s veterans court program that ran in yesterday’s St. Louis Post-Dispatch.

On behalf of the Simmons law firm, I would like to thank past, present and future U.S. veterans around the world for the sacrifices they made on behalf of our country. We are forever proud of the men and women who continually risked their lives to protect ours. We hope through their example we will be inspired to become better people and a better nation.