July 2011 Archives

Massachusetts School Contains Asbestos; School Will Replace Gym

July 30, 2011

A southern Massachusetts school's buckling gymnasium floor led engineers to discover traces of asbestos in the glue beneath, costing the school at least $280,000 to replace, The Herald News reports.

While this is a lot of money for a school district at a time when many schools are facing budget cuts and unsure financial times, this is a critical step they must take. Asbestos exposure in Boston and throughout the nation can lead to a diagnosis of the cancer mesothelioma and other illnesses that are life-threatening. Consulting with an experienced Mesothelioma Attorney in Boston will ensure the case is properly reviewed -- justice is worth fighting for.
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In Swanea, which is near Providence, R.I., the school system's assistant superintendent told the newspaper the trace amounts of asbestos were not considered harmful to those using the gym because asbestos typically poses a danger when flakes can be inhaled.

The School Department has inquired with the Massachusetts School Building Authority to see if emergency funding can be acquired. If not, Joseph Case High School will require a loan to pay for the floor replacement. Humidity and age is to blame for the floor warping over the years. The air circulation system, which pumps in outside air and recirculates it into the gym is also to blame.

The current floor is made of maple and was installed in 1975. Beneath the floor is a layer of tar paper and cork adhered to cement, the newspaper reports. Because of the asbestos, demolition will require an asbestos abatement, which will cost between $100,000 and $130,000. The cost for a straight demolition would have been about $30,000.

While it is great news that the gym of the high school is being replaced, this story shows that oftentimes businesses -- and in this case schools -- aren't quick to address the potentially deadly effects of asbestos.

While officials told the newspaper they don't believe anyone was harmed by the asbestos in the school's gym, it may be difficult to actually make that statement. While it is true that asbestos exposure is harmful when flakes are inhaled, it's possible that an old gym that has been deteriorating for years could have let asbestos into the air.

It is microscopic and difficult to track. So, for the last 36 years while asbestos has been in that old gym, countless numbers of students, parents and community members have attended sporting events and other events, while possibly being exposed. Asbestos in old schools and other buildings remains quite common -- another indicator of the risks.

The same can be said for thousands of buildings throughout New England that are old and likely built with asbestos. Asbestos is a naturally occurring mineral that was mined in the United States from the early 20th Century until around 1990. While it has never officially been banned, companies have curtailed its use in the wake of discoveries that it causes deadly illnesses. It was once primarily used in the construction of buildings because of its fire-retardant quality and its ability to insulate houses and buildings.

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Insurance Companies Building Reserves For Mesothelioma in Boston, Nation

July 25, 2011

A recent story by the Reuters News Service reports that insurance companies are adding more and more money to their reserves to fend off lawsuits on behalf of workers who were exposed to asbestos.

The story cites information from the American Cancer Society that suggest new cases of malignant mesothelioma have dropped at an annual rate of 1.8 percent from 1999 to 2008. But while reported cases may be dropping, the story doesn't properly address the fact that a mesothelioma diagnosis in Boston can happen 30 to 40 years after exposure to asbestos. So while the numbers may have dropped in the last 10 years, there may be a new wave of victims who are at high risk of being diagnosed.
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Boston Mesothelioma Lawyers have been fighting big businesses and insurance companies for years. Those who attempt to deny harming people who were exposed to asbestos and suffer from this incurable and quick-to-kill form of cancer need to be held accountable. The average life expectancy for someone diagnosed with mesothelioma is about 12 months.

According to the article, while diagnoses may be dropping, the number of lawsuits have increased, causing insurance companies to put more money into reserves to fend off cases by aggressive attorneys fighting for the rights of injured clients. Insurance companies are seeing more lawsuits against what they call "peripheral insureds," such as contractors who worked on projects where asbestos was used.

The article focuses on the plight of insurance companies, which tend to make educated guesses about how long a particular risk will endure and how much it will cost them to be done with it. The article correctly implies that for insurance companies, victims are simply a dollar sign and not a person who is hurting from being unnecessarily exposed to asbestos.

The article states that many of the rescue workers at Ground Zero following the Sept. 11, 2001 attacks in New York were exposed to high concentrations of asbestos -- in some cases nearly a million times the normal background level.

Asbestos, while it has never been officially banned in the United States, has been used less frequently in recent decades because of its link to illness. It was so attractive to builders because of its ability to insulate and be fire-retardant and was also used to manufacture floor and ceiling tiles and in ships and shipyards for the U.S. Navy.

Many people may have been exposed without knowing it and came to suffer -- or will come to suffer in the future. Microscopic asbestos flakes are inhaled and travel through the blood system before attaching to major organs, such as the heart and lungs. They sit for years and sometimes decades before turning into the deadly cancer mesothelioma. The symptoms include chest pain and trouble breathing. Smokers often chalk up the symptoms to their habit, but it may be the asbestos exposure that causes the medical problems.

Insurance industry officials cited in the article lament the fact that asbestos claims aren't going away any time soon because of their cost. But do the victims and family members of people who have suffered for years deserve compensation. We think so. And now workers' lives are being cut short because of this debilitating illness.

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University of Hawaii Receives Donation to Research Mesothelioma in New England and Beyond

July 18, 2011

The University of Hawaii recently received an anonymous $3.6 million gift to research mesothelioma, an incurable and fatal cancer that often goes undiagnosed for decades before killing its victims, The Associated Press reports.

This is great news for the family members of mesothelioma victims in Massachusetts and throughout New England who have witnessed how this cancer's devastation. Boston Mesothelioma Lawyers are prepared to fight for those who were unjustly exposed to the asbestos that led to a mesothelioma diagnosis.
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According to The Associated Press, the donation is the second-largest in the university cancer center's history and could go a long way toward understanding and helping to stop this fatal illness. According to aboutmesothelioma.net, the Hawaii researchers have spent the better part of the last 15 years studying in a region of Turkey where nearly 50 percent of its residents have died from mesothelioma as a result of exposure to eroinite, a naturally occurring mineral found in rock formations that is considered even more toxic than asbestos. It is used in road paving in the United States.

This area of Turkey resembles Libby, Montana, where 70 percent of the country's asbestos was discovered between 1919 and 1990. In this town there was a mine that employed a large percentage of the population. And hundreds of thousands of tons of vermiculite, which contained asbestos, were shipped to plants that processed it and manufactured goods sold throughout the country. In Libby, thousands have gone ill and hundreds have died and thousands more are probably undiagnosed with mesothelioma and other asbestos-related illnesses after the town was covered in a haze of asbestos flakes.

But Hawaii researchers are hoping to conduct a clinical trial in this region of Turkey, called Cappadocia, in order to further their studies. They have already discovered that asbestos kills cells through a process called programmed cell necrosis that leads to the release of a protein molecule HMGB1. Those exposed to asbestos have an elevated level of the protein in their blood. And it sets off an inflammatory chain reaction in tissue that causes the release of mutagens that promote tumor growth. Researchers believe that by interfering with the inflammatory reaction, it may be possible to decrease the occurrence of mesothelioma.

"Mesothelioma is a serious public health problem," said Virginia Hinshaw, chancellor of the University of Hawaii Manoa. "We're proud that Dr. (Michele) Carbone's team is leading the world in this area of discovery. This gift validates their efforts and will help them remain at the forefront of thoracic oncology research."

Asbestos exposure is especially problematic in Hawaii because of the military's use of asbestos in ships and buildings at Pearl Harbor and the remains of the shipyard that was bombed in 1941 by Japanese forces. As a result, Hawaii has higher rates of the cancer than other parts of the country. Veterans from years ago have been diagnosed with mesothelioma in recent years, though the life span after diagnosis is only about a year.

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$22 Million Verdict Against Goodyear Shows Devastating Effects of Asbestos Exposure in Boston

July 16, 2011

A recent jury verdict against The Goodyear Tire and Rubber Company and Goodyear Canada of $22 million for workers exposed to asbestos in the 1970s is a sign of the potential future litigation that will be brought against companies for ignoring the devastating effects, the Bradenton Herald reports.

Boston Mesothelioma Lawyers believe now is the time to act if you or a loved one inhaled asbestos for years at work, in an old building or in years of service in the U.S. military. This incurable cancer acts slowly and quickly at the same time.
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As someone exposed to asbestos continually inhales its microscopic fibers day after day and year after year, the fibers travel through the blood system before depositing on the lining of major organs such as the lungs and heart. There, they cultivate for years and sometimes decades before causing health problems. Many workers from the 1960s and 1970s have had few symptoms over the last 30 or 40 years but are now being diagnosed with mesothelioma or other asbestos-related illnesses. And after diagnosis, the median time to live is only 12 months. Short-term exposure to asbestos has also been linked to mesothelioma.

Sadly, many companies and businesses were aware of the dangers of asbestos, but continued using the substance because of its durability, cost and usefulness. And even as more and more facts came out over the years about the deadly substance, companies were resistant to renovating their buildings and old factories, leaving workers at risk.

In this case, two workers were exposed to asbestos in gaskets while working as steamfitters between 1969 and 1973 and a number of upstate New York job sites near Buffalo. Goodyear manufactured sheet gasket material that contained asbestos.

One of the men was diagnosed with lung cancer and was awarded $11.6 million for pain and suffering and $1.9 million to his widow. The jury found the companies 42 percent responsible for his lung cancer, though he smoked.

As for the other man, the jury found the companies 12 percent responsible for the lung cancer, though he, too, smoked. His family was awarded $8.5 million in pain and suffering.

These are large numbers and they show that the jury believed the company ignored the risks of asbestos and still used the material in their buildings. And for these two men, it became fatal.

More and more of these cases are popping up across the country because baby boomers exposed to asbestos are now being diagnosed and are seeking lawsuits to take care of their families. But it is crucial to act quickly if one has been diagnosed with mesothelioma.

These cases require sometimes years of research to detail the facts and put together a case in court. But our firm is committed to helping those who have unjustly been exposed to asbestos that has caused painful and life-threatening illnesses.

Continue reading "$22 Million Verdict Against Goodyear Shows Devastating Effects of Asbestos Exposure in Boston" »

High School Teenager Succombs to Mesothelioma

July 15, 2011

In a tragic and baffling case, a California football player died recently from mesothelioma after fighting the illness for more than a year, the Pasadena Star-News reports.

Boston Mesothelioma Lawyers have seen many people throughout New England diagnosed with mesothelioma after exposure to asbestos, but it's shocking to see a case of a teenager killed by the fatal and incurable illness. The cancer is deadly and a person usually only lives about a year after being diagnosed with mesothelioma in New England.
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Mesothelioma has many symptoms, which often makes it difficult to diagnose. Long-time mine workers, those who worked in the military or other factory jobs may be most at risk. But others, who worked in offices made with asbestos may also be at risk and if employers knew of the risks but exposed employees to potentially harmful products as a result, they should be held accountable for their actions.

The Pasadena High School football standout died recently after battling mesothelioma for about a year. He survived cardiac arrest twice over the past several days to fend off death, but his family recently pulled him off life support at the National Institute of Health.

According to news reports, the teen was plagued with health problems ever since March 2010, when his heart stopped during a medical procedure to drain fluid from his chest. Despite that, he played linebacker in his senior year.

He was hospitalized five times in May as local doctors struggled to diagnose what was wrong with his body. Recently, at the Mayo Clinic in Scottsdale, Arizona, doctors discovered that Lacy was suffering from mesothelioma. The tumors filled his chest and pressed against his heart, restricting blood flow. And after a year, his battle ended. It's unclear whether Lacy was exposed to asbestos or how he might have contracted the cancer.

It is a sad story and one that thousands of family members throughout the United States are keenly familiar with. More than 2,000 new cases of mesothelioma are diagnosed each year. And the median life expectancy after diagnosis is only about 12 months.

This is an odd cancer because it can form over 30 or 40 years after exposure to asbestos and then move rapidly. Asbestos is a natural mineral that was mined from 1919 to 1990 in the United States. And while it has never been banned in this country, it is rarely used because of its potential health risks.

When people inhale microscopic asbestos fibers either from old buildings or from working in factories, the fibers travel through the blood system and line the wall of major organs, such as the lungs and heart. There, they cultivate for years and sometimes decades before presenting the following symptoms:

•Shortness of breath
•Fluid between the lung and chest wall
•Fatigue or anemia
•Wheezing, hoarseness or cough
•Coughed up blood
•Abdominal pain
•Problems with bowel

But by then, it is typically too late. As in the case of the football player, doctors sometimes have difficulty making a true diagnosis and all the while, the cancer is developing. By the time a specialist comes into play and makes a correct diagnosis, it's usually too late.

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Series on Top Asbestos Exposure Sites Continues by Boston Mesothelioma Lawyers

July 5, 2011

For the last several weeks, Boston Mesothelioma Lawyers have detailed on our blog more than two dozen sites across the country, including in Massachusetts, that were used for years to process vermiculite, a natural mineral that can contain asbestos.

Asbestos was used throughout the 20th Century to insulate houses and businesses and make floor and ceiling tiles and other products. It was also used in shipyards, on military ships and in automobile brake pads, shoes and clutch discs.
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But while its use hasn't been banned in the United States, the manufacture of products containing asbestos has severely declined in recent years because of the discovery of, and attention to, asbestos-related illnesses. That includes mesothelioma in Boston and elsewhere.

Mesothelioma is a fatal and incurable form of cancer linked to asbestos exposure. And the median survival rate after a diagnosis of mesothelioma is less than a year. Many people aren't diagnosed for 30 or 40 years because microscopic asbestos fibers lay unnoticed in the walls of major organs, such as the heart and lungs, while the cancer develops. It isn't until other symptoms persist that people tend to get checked and the cancer is discovered.

From 1919 to 1990, a vermiculite mine in Libby, Montana produced some 70 percent of the vermiculite used throughout the country. Much of the vermiculite was contaminated with asbestos. Millions of tons of vermiculite was shipped to plants throughout the country, including in Massachusetts, where workers heated it to manufacture products.

While the Libby mine closed in 1990, the federal government is still helping the people there, many of whom have fallen ill or died. The government in recent years dedicated more than $100 million to cleanup the area and provide healthcare for people exposed. Federal researchers believe people who lived near the mine or the plants and those who lived with employees of the vermiculite companies are at risk for mesothelioma and other diseases related to asbestos exposure.

The Centers for Disease Control and Prevention recently produced a website dedicated to providing information about more than two dozen plants that imported and processed the vermiculite.

Mesothelioma in St. Louis: This Zonolite Company site operated from the late 1940s to 1998 and produced nearly 140,000 tons of vermiculite, which was shipped in from Libby.

The CDC warns that not only workers and their families, but the more than 13,000 people who lived within a mile of the plant, including an elementary school, could have been exposed to asbestos and should be checked by a doctor.

Mesothelioma in New Orleans: This Zonolite Company plant processed about 148,000 tons of vermiculite from Libby. The CDC reports that much of the vermiculite contained asbestos.

The plant operated from 1965 to 1989 and sat in a mixed residential, commercial and industrial part of the city. Based on 1990 U.S. Census data, more than 5,000 people lived within a mile of the site.

Mesothelioma in Minneapolis: According to research on this Zonolite plant, which operated from 1938 to 1989, about 93,000 tons of vermiculite from Libby was processed here.

Some of the ore was left behind after it was heated and left outside the plant, where citizens would pick it up and use it in their yards, gardens, driveways, barbecues and other construction products.

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