How Asbestos Litigation Affects You

The Debate Over Asbestos Legislation

This year a growing legal crisis may affect you more than you could imagine. With proposed bills that would limit asbestos company liability and significantly reduce payouts, some worry that lawmakers who are in charge of advocating for everyday America may be pandering to special interests.

Prolonged asbestos exposure can lead to dangerous health conditions including mesothelioma, asbestosis, and lung cancer. Every year 2500 to 3000 new cases are diagnosed every year with thousands more outside the United States as other countries have been slow to adopt asbestos bans (though asbestos is not completely outlawed in the United States and exists in many products manufactured today).

The conditions are frightening and for the most part treatment only prolongs a person?s life by a short span. An indiscriminate killer set loose by the industrialized nations of the world.

So when someone is diagnosed what do we owe them? An apology for their terminal illness is simply not enough of a measure to compensate them for the pain their body, family, and spirit will have to endure.

The problem that lawmakers are trying to address is the abundance of cases currently sitting dormant in our legal system. The case backlog is enormous and often cases (if unsettled) take years before they go before the courts.

We have a duty to balance compensation and cases because if this system continues, the expected case filings over the next decade will create a standstill for legal action.

The problem with balancing is that each side will have to incur losses. The creation of a national fund is the best proposal but claimants have to adhere to guidelines that may eliminate credible cases (September 11th created intense exposure over short periods for example). The pool will receive less than if they made an individual claim but the victims will be able to enjoy their compensation before death.

Under current proposals though, that compromise over compensation would make the filing process futile. When looking at some recent settlements in the pool format, victims who would have received millions received in the range of low thousands.

So who benefits under current plans and recent settlements? Corporations.

Their civic duties should never be compromised by lackadaisical legislation that shifts some of the legal responsibilities from their shoulders.

It?s a battle that is even pitting victims against one another which is exactly what corporations need because a divided opponent never wins.

Americans have now put that question to Congress however.

?The 'Fairness in Asbestos Injury Resolution Act of 2005' came to existence shortly after March of 2004 after Pres. Bush. proposed limits on asbestos related ?junk? lawsuits at a speech in Detroit. The Act would establish a $140 billion trust fund to supplant litigation as a means to compensate victims of asbestos and limit liability.? -Asbestos and Mesothelioma Advocacy

The maximum award would be $750,000 but with an estimated 500,000 possible claims. The fund would quickly deteriorate and could not pay victims. ($375,000,000,000,000 would be needed).

The bill is still being looked at by the Senate Judiciary Committee but as you can see it faces a tough fight for approval.

I am aware that many people see asbestos litigation as an avenue of junk lawsuits in the same vein as the ?hot coffee? judgment to the woman at the drive thru but these are real people with an incurable disease.

With only months before a round of major elections, try asking candidates their position on the bill. Likely most of them would not know what it is you?re talking about. However trial lawyer associations across America are the parties with the biggest to gain or lose.

Corporate defense attorneys would lose significant billable hours for services rendered to corporations while plaintiff attorneys would see a loss because fund rulings would not necessarily require legal counsel.

Thus on something perceived as ?out there? and insignificant, you can already see how it affects your government and possibly your neighbors.

Please get more information about asbestos exposure and related illnesses at Mesothelioma and Asbestos

William Gallahue is an internet journalist who covers a number of topics. Please visit Asbestos and Mesothelioma for more information.

Asbestos Cancer Disease

The history of the Asbestos Cancer disease ?Mesothelioma? dates back to the early 1960s. The use of the silicate Asbestos can be traced back as early as World War II. However, the risks involved with Asbestos exposure were unknown at that time. With the passage of time, studies revealed that the cancerous disease was common in people of South African origin. Majority of them were mine workers. It was in 1962 that Dr. Mc Nulty made the first diagnosis of the Cancer related disease.

Mesothelioma is a cancerous disease that occurs in individuals who are exposed for short or prolonged periods to asbestos dust. As a consequence, the disease can cause severe disfigurement and impairment of the lungs. Individuals suffering from the fatal disease, suffer from breathing problems, abnormal blood clotting, unbearable abdominal pain, significant weight loss and high fevers.

Today, the dangers of the asbestos fibres have raised a growing concern among health professionals. To help prevent mineworkers and shipyard workers from transitory exposures to asbestos, the US Occupational Safety and Health Administration has devised rules and regulations to help win the race in defeating this gruesome disease, which has robbed the precious lives of many of Americans.

Mineworkers working in hazardous asbestos environments are urged to wear protective clothing at their workplaces. To help prevent inflicting their loved ones with the cancerous effects of the asbestos fibers, the OSHA urged asbestos exposed workers to make it a regular habit of showering daily to remove any trace of the cancerous silicate like fiber. Families of asbestos affected workers should be tested for any trace of this cancer-causing material.

For more Articles about Mesothelioma Cancer please click here http://www.mesotheliomaresourceonline.com/articles/Mesothelioma_Asbestos.htm

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Sara Reisness

Asbestos and Malignant Mesthelioma

Many people are wondering about the risks of asbestos exposure and getting malignant mesothelioma. Mesothelioma is a type of cancer on the pleura, or lining of the lungs. It can lead fluid in the lungs, difficulty breathing, and eventually death. When it comes to how our bodies age and handle illness, 65% depends on the environment, like the things we feed, expose, and do to our bodies. The remaining 35% is due to genetics, that wonderful nuclear and mitochondrial DNA that we got from ours parents and mothers, respectively.

When we think about environment, consider the following study. A 35-year period evaluation of workers in an asbestos factory in Poland revealed that increased rates of lung cancers, pleural mesothelioma, and all malignant cancers were higher in these workers than in the general population. Of the 4,187 subjects studied (2805 men and 1382 women), five died from pleural mesothelioma. Also, the risk for these types of illness did not differ between those that had a preceeding documented diagnosis of lung asbestosis and those that did not. So, where people work, and the polutants they are exposed to, clearly influence disease risks.

Now with genomics laboratories, investigation of disease risk is taken to a new level. A recent study in Northwest Italy evaluated single nucleotide DNA polymorphisms in 4 genes responsible for DNA repair. Polymorphisms are like typos in the DNA language. The assumption was that sloppy DNA repair increased the risk for this cancer when a gene-damaging substance like asbestos was thrown into the picture. It's like trying to fix an important system with an entire chapter ripped out of the repair manual. So seven different variations of these 4 genes were studied in 81 malignant mesothelioma patients and 110 of their age-matched and sex-matched controls. All subjects were residents of Casale Monferrato, a town polluted with asbestos. The results showed that with one type of polymorphism (or DNA typo) a 2.147 oddds ratio existed for this disease, another variant (or DNA typo) had a 4.09 odds risk ratio. These genetic variations can certainly put people at an increased risk of developing the cancer. This is valuable information because the residents of this town can now look at their family genetics and give more consideration about whether or not they should move out of there!

Environment and genetics...we are getting more options now than ever before to learn about our risks of getting cancers, like malignant mesothelioma. If you have any concerns about a history of personal asbestos exposure, I encourage you to explore with your physician or health care provider what diagnostic tools are available for further evaluation.

References: Dianzani I, et al. Polymorphisms in DNA repair genes as risk factors for asbestos-related malignat mesothelioma in a general population study. Mutant Res. 2006 Marc 23; (epub ahead of print) Wilezynska U, Szymezak W, Szeszenia-Dabrowska N. Mortality from malignant neoplasms among workers of an asbestos processing plant in Poland: results of prolonged observation. Int J Occup Med Environ Health 2005; 18(4):313-26.

Natalie Kather, MD, is a diplomate of the American Board of Anti-Aging Medicine and diplomate of the Amercian Board of Family Medicine. She specializes in using the latest longevity and anti-aging research to extend and improve her clients' lives.

Myths About Asbestosis Claims

Asbestosis Claims and evidence of the death knell effect of asbestos on people who breathe its fibers is likely to increase in the future with more and more cases coming to the fore.

Asbestos, once hailed as the best and reliable building material available to the construction industries. The properties of being fire resistant, tensile strength, durability, flexibility and heat insulation made it popular since these properties meant that it could save lives and strengthen buildings. The evidence of the first use of asbestos was about 2000 years ago by the Greeks who firmly believed that its fire withstanding properties were too good to let go in spite of the health hazards it posed. The Greeks, in those times knew that asbestos caused health problems.

These health hazards were long forgotten until the turn of the 20th century. The medical research community observed too many unnatural and mistimed deaths in asbestos mining towns in the USA during the beginning of the First World War.

1924 saw the first diagnosis of Asbestosis in a 33 year old woman which led to further studies in the UK on asbestos workers. Research pointed to the fact that more than 30% of the workers in the asbestos industry suffered from lung diseases. This led to the government introducing laws to provide better ventilation and identification of asbestosis as a work related illness in 1931.

Asbestos has been manufactured in over 100 countries and used in over 24 countries worldwide well into the 20th century despite its relationship to the cause of asbestosis. The mind-blowing act that more than 5 million tones of asbestos was manufactured annually in the mid 20th century proves the utter disregard that the producers had for their employees and workers. Shipping, demolition, insulation and building industrial conglomerates failed to take adequate precautions and preventive measures to protect their workforce from workplace injury.

The effects of asbestosis are not apparent immediately. They take time to manifest and unveil the havoc. Diagnosis is often difficult and takes time by which the disease is rendered incurable. Since the height of asbestos usage was in 1960s and 70s, many asbestos workers are awaiting their fate with asbestosis and more and more cases are coming to the fore now.

The victims of asbestosis are entitled to compensation for irregularities of their companies in providing safer working conditions which has left them exposed to the harmful effects of asbestos years ago.

It is advisable that any victims get in touch with an experienced asbestos related solicitor at their earliest to get the right compensation and rebuild their future.

Julian Hall is the Director of Claims Master Group. Personal injury Claim, Asbestosis Claims

Asbestos - What It Is And How It's Used

In this, and a series of articles that will follow, we will cover asbestos, what it is, how it's made, what it's used for, the health risks of asbestos exposure and how to protect yourself against asbestos.

Asbestos isn't actually one thing. It is a name given to a group of minerals. These minerals occur naturally in bundles of fibers that can be separated into thin threads. These fibers are completely resistant to heat and any kind of chemical and do not conduct electricity. Because of these attributes asbestos is has been used in many industries.

There are basically four types of asbestos that are used.

1. Chrysotile, or white asbestos 2. Crocidolite, or blue asbestos 3. Amosite, which usually has brown fibers 4. Anthophyllite, which usually has gray fibers

The problem with asbestos fibers is that they tend to break very easily and the dust made up of these fibers floats into the air and gets on our clothes and in our lungs. When this happens serious health problems can occur.

Asbestos was first mined and commercially used in the United States in the late 1800s. During the second world war its use increased dramatically. Since then it has been used in many industries. To give some examples, the building and construction industry uses it to strengthen cement and plastics. They also use it for insulation, fireproofing and sound absorption. The shipbuilding industry uses asbestos to insulate boilers, steam pipes and hot water pipes. The automobile industry uses it in its brake shoes and clutch pads. There are over 5000 products that contain asbestos including sewage piping, roofing and siding, electric switchboards, table pads, heat protective mats, heat resistant blankets and curtains, paints, adhesives, caulking, and the list goes on and on.

But when the dangers of asbestos became known in the 1970s the U.S. Consumer Product Safety Commission (CPSC) banned the use of asbestos in wallboard patching compounds and gas fireplaces because the asbestos fibers in these products could be released into the air from its use. Also during that time, asbestos was removed from electric hair dryers. In 1989 the EPA finally banned all new uses of asbestos. Uses prior to 1989, however, are still allowed. Since that time, the EPA has established regulations that require school systems to inspect for asbestos that has been damaged in order to eliminate, or at least reduce, the exposure to students and faculty, by removing the damaged areas.

In the year 2000 the EPA concluded that the current risk to children from asbestos in schools was very low, however, it was agreed that their products would have to be reformulated within a year. By August of that same year products were being made that greatly reduced the amount of dust that was released during use. The amount of metric tons of asbestos generated in a year dropped from 719,000 metric tons in 1973 to only 9000 metric tons by the year 2000.

In the next instalment we'll go over the health risks from exposure to asbestos.

Michael Russell Your Independent guide to Asbestos

Asbestos - The Health Risks

In this second article of a series we're going to cover the health risks associated with exposure to asbestos.

Exposure to asbestos can cause a number of health problems including, lung cancer, Mesothelioma, asbestosis and other cancers.

Asbestosis is a chronic lung ailment that can produce shortness of breath coughing and even permanent lung damage.

Mesothelioma is a very rare form of cancer of the thin membranes that line the chest and abdomen. While very rare it is also very serious.

The people at risk for these ailments are anyone who has been exposed to asbestos at any time during their life. However, most people exposed to asbestos do not become ill. Only those exposed to it constantly over a long period of time usually develop symptoms. Most of these people are usually those who have a job that requires them to work with or be around asbestos throughout the day.

Since the early 1940's millions of people have been exposed to asbestos. The first workers to show signs of asbestos related health problems were those who worked in shipbuilding trades, asbestos mining and milling, manufacturing of asbestos textiles, insulation work, demolition workers, drywall workers and fire fighters. Today, improved work practices and regulations make exposure to asbestos in these industries less likely.

Even though it is generally believed that the most seriously ill people from asbestos are those who have suffered from long term exposure, there are cases of those who have only had brief exposure who have become ill as well. The problem is, asbestos exposure related illnesses can take from 10 to 40 years to show up. So a child exposed in school at age 13 may not develop any symptoms until he or she is past age 50.

There is also some evidence that suggests that family members of those who work in asbestos related fields can come down with asbestos related illnesses because of the asbestos fibers that are brought into the house by the worker's shoes and clothes. This type of exposure is called paraoccupational exposure. In order to decrease this risk, workers who are exposed to asbestos should wash their clothes and change before coming home. It is also suggested that they shower first if possible.

So just how great is the risk? Not all workers who are exposed to asbestos develop health problems. A lot has to do with the type of exposure. Asbestos that is encased and unlikely to break apart into the atmosphere presents less of a threat than asbestos that is not encased. Also, the general health of the worker comes into play as well. A worker who already has health related issues or who smokes is more likely to suffer from asbestos related illness. Also, the type of asbestos the worker is exposed to will have a great effect on the worker's health. Some forms of asbestos are more dangerous than others, depending on the concentration and the length of exposure.

In our final article of this series we'll go over how to determine if you might have an asbestos related health problem and if so, what to do about it.

Michael Russell Your Independent guide to Asbestos

Asbestos in Schools

Are you looking for some inside information on asbestos? Here's an up-to-date report from asbestos experts who should know.

The asbestos has arrived to schools. The ex students-athletes, coachers and outdoor maintenance workers of the Oak Ridge High School in El Dorado Hills, are being recommended to be checked for early signs of asbestos-related diseases.

This health check was suggested by the Centers for Disease Control and Prevention for those who used or worked on the athletic fields, running track, dirt paths and baseball diamonds of that school, before 2004 -2005 school year.

On 2005, the school grounds were cemented and landscaped. In addition, the asbestos-laden soil was replaced from baseball diamonds. The federal Environmental Protection Agency completed this asbestos-containment work on the campus.

Most of this information comes straight from the asbestos pros. Careful reading to the end virtually guarantees that you'll know what they know.

The school, which has about 1.800 students, was opened in 1984. Since that year on, all those who may have had some moderately long-standing contact with amphibole asbestos fibers before the improvement, are recommended to have that medical screening. The tremolite dust is the kind of asbestos widespread in El Dorado Hills and contains amphibole asbestos fibers. These fibers can cover the lungs, raising the danger of pleura disease and mesothelioma cancer.

Asbestos-related diseases typically do not turn out to be manifest until at least ten years or more after contact. Some of the symptoms can be coughing, shortness of breath and chest pain and doctors must pay attention to this if they are persistent.

After all the lessening efforts that have been put in the school, the district believes there is much less asbestos-exposure threat now on the foothills site.

When word gets around about your command of asbestos facts, others who need to know about asbestos will start to actively seek you out.

Mesothelioma and Asbestos
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James Mahony is the founder of Mesothelioma and Asbestos Information, A site dedicated to mesothelioma and asbestos information

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EPA Testing For Asbestos Surrounding Ground Zero Will Go Forward

After nearly four years, the EPA announced on November 29 that it will begin testing of residential and commercial spaces which may have been exposed to environmental toxins following the 9/11 destruction of the World Trade centers. In a much-maligned plan by local residents and even EPA panel member, testing of structures in lower Manhattan will begin in early in 2006. The area within borders between Canal street to the north and west of Pike and Allen Streets will be evaluated for a number of substances which could pose a risk to residents, including asbestos. Testing will be done on a voluntary basis.

Asbestos was used for insulation in the north tower of the World Trade center through the 40th floor. As a result of the collapse of the buildings, an enormous amount of debris containing asbestos was released into the air. In the week following the disaster, New Yorkers were told that the air was safe to breathe; yet were also instructed to clean dust carefully and avoid inhalation. The EPA later concluded that the announcement that the air was not dangerous was premature. Because of the prolonged period of time before disease manifests, it will be years before the true toll of asbestos exposure surrounding Ground Zero will be revealed.

While the plan calls for an expenditure of $7 million, those who oppose the plan feel it is inadequate. Concerned residents argued at a meeting at the Alexander Hamilton US customs house on December 13 that the testing is flawed because of it?s tightly limited geographical area, questionable methodology and voluntary nature. Distrust of the government agency stems from assurances by former EPA Administrator Christine Todd-Whitman that the air surrounding the site of the terrorist attack was safe to breathe in the days after the collapse. Timothy Oppelt, Chair of the EPA technical panel investigating the issue was quoted in NY Newsday as feeling that the plan "incorporates the best science available today." (12/13/05).

A review of some of the comments of the panelists as posted on the EPA website confirmed that there are many questions about the completeness of the EPA plan. Although the area to be tested is limited to lower Manhattan south of Canal Street, dust and debris spread to a far wider area, into Brooklyn and beyond. Other concerns include the testing methodology planned.

Most published research on asbestos related illnesses related to long-term exposure, rather that a single extreme exposure as experienced after the WTC collapse. Mesothelioma is most often found in asbestos workers following years of work-place exposure. The disease has been found, however, in worker?s spouses, presumably as a result of handling dust ridden work garments. Little data on single exposure is available, and leaves many questions unanswered.

This information, and the experience of the residents of the vermiculite-mining town of Libby, Montana point to a potentially serious problem in lower Manhattan. Blanketed by debris on every surface, with visibility limited to just a few feet in the days after the attack, the extreme nature of exposure following 9/11 is unprecedented.Visit http://www.mesothelioma.com for comprehensive mesothelioma and asbestos exposure information.