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Long Asbestos Docket Prompts Court to Propose Special Department to Hear Cases

Monday, November 30th, 2009

Two thirds of California’s asbestos lawsuits land in San Francisco Superior Court, and the cases take up about 45 percent of the jurors assigned to civil cases. The lawsuits are filed by people suffering from asbestos-related disease such as mesothelioma contracted from breathing asbestos fibers and by their families if the patients have died.

To manage the heavy asbestos caseload more efficiently, Presiding Superior Court Judge James J. McBride has created an asbestos case management department in San Francisco.

“The San Francisco Superior Court carries the largest asbestos caseload of any of California’s 58 superior courts, Judge McBride said in a press release. “The aim … is to achieve more effective case management. We want to increase our ability to send a case to trial at the time set for trial and eliminate the pattern of repeated continued trial dates. We want to make sure that cases set for trial are ready for trial, and that cases that should settle before trial do so before we call in a large panel of jurors.”

The order drafted by McBride would require that starting in January 2010, all pre-trial motions in asbestos cases and other matters shall be heard in the asbestos department. The new asbestos department would hear all discovery, law and motion and case management matters. Judge McBride assigned Judge Harold Kahn to oversee the department.

San Francisco Superior Court currently has more than 1,660 pending asbestos cases. That represents about two-third’s of the state’s asbestos caseload.

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Three-Pronged Attack on Pleural Mesothelioma Under Study

Wednesday, November 25th, 2009

Surgeons are able to remove mesothelioma tumors completely in only about a third of patients. When complete removal isn’t possible, rounds of chemotherapy and then radiation may follow the surgery to control the cancer’s spread and improve patients’ odds of survival.

This three-pronged attack—surgery, chemotherapy, radiation—is known in medical circles as trimodality therapy. But even with this, the chances of malignant tumors coming back remain high and the odds for long-term survival low.

Researchers at the University Health Network in Toronto in collaboration with pharmaceutical manufacturer Eli Lilly and Company are studying the use of a cocktail of chemotherapy drugs — Pemetrexed in combination with Cisplatin — for patients with advanced malignant pleural mesothelioma. Cisplatin slows or stops the growth of cancer cells in the body, while Pemetrexed blocks the action of a certain substance in the body that may help cancer cells multiply. Patients receive the drugs before surgery in hopes of giving surgeons a better chance of completely removing the cancer. They believe that some patients may benefit and potentially be cured by this approach.

The study began recruiting patients earlier this year and will continue through 2020. For more information, go to the Clinical Trials page at the U.S. Institutes of Health website. The address is below.

Information about clinical trials

Even Forests Are Contaminated with Asbestos in Libby, Montana

Monday, November 23rd, 2009

Researchers at the University of Montana have detected asbestos dust on the bark of trees in the Kootenai National Forest near the closed vermiculite mine in Libby, Montana. They said Forest Service personnel performing tasks such as building fire lines and measuring trees may be exposed to airborne asbestos when doing work in the forest near the former mine.

Workplace exposure to asbestos is associated with significant increases in asbestosis, lung cancer and mesothelioma, a cancer of the lining of the lungs, compared to the general population..

The findings are relevant to people who work in the forest and people who go to the forest for recreation within about five miles of the mine, they said. Much of the land surrounding the mine is owned by the U.S. Department of Agriculture and private logging companies

Because of the widespread asbestos contaimination and high incidence of asbestos-related disease, the U.S. Environmental Protection Agency has declared a public health emergency in Libby, Montana and the surrounding area. Lincoln County, Montana has the third highest age-adjusted death rate of mesothelioma in the U.S.

The research was published in the Journal of Environmental and Public Health.

Read the study

Chrysotile Poses Cancer Risk, Not Just Reverse Greenwash, Researchers Say

Friday, November 20th, 2009

A recent opinion piece by a retired University of North Carolina geologist published in The News & Observer newspaper in Raleigh, N.C. espousing the industrial merits of chrysotile asbestos drew a critical rebuttal today from health researchers.

In a letter to the editor, John Dement, a professor at Duke University Medical Center who has published research on the health effects of asbestos, and David P. Brown, director of Health Sciences Research at SRA International, a provider of health consulting services, say that retired UNC Prof. John J.W. Rogers’ article grossly underrepresented the human health risks associated with exposure to chrysotile asbestos. The researchers note that the National Toxicology Program, the National Institute for Occupational Safety and Health, the U.S. Environmental Protection Agency and the Occupational Safety and Health Administration have established chrysotile asbestos as a known human carcinogen.

In his Nov. 12 opinion piece, Rogers contended that asbestos was the victim of a scare campaign by groups seeking to make the mineral more a problem than it really is. Its positive attributes include that asbestos is inflammable, has good insulating properties and adds strength to products as diverse as plastics and cement. Rogers argued that chrysotile was safer than the other main mineral form of asbestos, amphibole, and could continue to be used safely by industries.

While there is some scientific debate about the relative risks of mesothelioma from the various forms of asbestos, the World Health Organization recently affirmed that all forms of asbestos cause cancers of the lung, larynx, ovary as well as mesothelioma, a cancer of the lining of the lungs and abdomen. The WHO estimates that 90,000 people a year die of asbestos-related disease and called for a ban on all forms of asbestos. To date, 43 countries have enacted bans.

Dement and Brown write that appropriate substitute materials are now available for asbestos, including chrysotile, precluding the need to continue using it for industrial purposes.

“We see no need to further the legacy of asbestos-related diseases in the U.S. and worldwide through the continued use of chrysotile and other forms of asbestos,” Dement and Brown say. “Elimination of asbestos exposure is not ‘reverse greenwash’—it is sound public health policy.”

Link to Rogers’ opinion piece:

Letter to the Editor:

England’s Industrial North Has Nation’s Highest Rate of Mesothelioma

Thursday, November 19th, 2009

The north of Britain – the area associated with coal mines and shipyards – has the highest rate of mesothelioma, the incurable cancer associated with asbestos exposure, new government statistics show. The death rate for males rose to 89.5 deaths per million people from 2005 to 2007, according to statistics from the Health and Safety Executive.

Mesothelioma is caused by inhaling microscopic fragments of asbestos which lodge in the lungs. Asbestos exposure often occurred in industrial settings or areas near where asbestos was mined or used in manufacturing, and the disease typically doesn’t appear for 30 to 40 years.

Nationally, 2,156 people died of mesothelioma in Britain in 2007, an increase of 5 percent from the previous year. More than 35,000 people died of the disease from 1977 to 2007.

Northern Echo article

Residents Near Asbestos Plant at 26 Times Greater Risk of Mesothelioma, Study Says

Wednesday, November 18th, 2009

By Wade Rawlins
Much remains to be learned about environmental exposure to asbestos and the incidence of mesothelioma among people who have only “second hand” exposure such as families of asbestos workers or people who live near asbestos plants. That is a focus of new research in Libby, Montana where vermiculite ore tainted with asbestos has caused a high rate of asbestos-related disease. It’s also the subject of recently completed research from Egypt.

A study published by researchers in Egypt earlier this year examined environmental exposure to asbestos near Cairo, Egypt and the link to malignant pleural mesothelioma, a rare cancer of the lining of the lungs. The study appeared in the Eastern Mediterranean Health Journal, a publication of the World Health Organization.

The prevalence of mesothelioma, an incurable cancer, has been increasing throughout the industrialized world with the incidence predicted to peak around 2020, the study said. A number of studies have linked exposure to airborne asbestos fibers in the workplace to increased incidence of mesothelioma among workers employed in mining, textile manufacturing, insulation and asbestos cement factories. Families of asbestos workers and those living near asbestos mines and mills also are at increased risk of mesothelioma from environmental exposure, studies suggest.

The Egyptian researchers focused their study on Shubra El-Kheima, an industrial city at the northern edge of Cairo. For decades starting in 1948, the city had a large manufacturing plant that used chrysotile asbestos to make asbestos cement pipe and reinforced concrete products. In 2004, the Egyptian government decided to ban imports of asbestos and the plant closed.

While the plant was still operating full scale, the researchers obtained air samples inside the plant and in neighborhoods up to about 2 miles away. That allowed the researchers to calculate more precisely the amount of asbestos fibers that workers and residents were inhaling and then to estimate the relationship between levels of exposure and rates of mesothelioma.

Researchers did health screenings including x-rays on 487 workers in the plant and on 2,913 residents living in six communities in the vicinity of the plant. They found that about 3 percent of people exposed to asbestos living near the plant had malignant mesothelioma while about 1 percent of the workers did. Both rates exceed the norm. (Because mesothelioma takes 30 to 40 years to appear, it’s not surprising that the number of workers at the plant with the disease was not larger.)

Researchers said a significant finding of the study was that people exposed to asbestos in the environment were at 26 times greater risk of developing mesothelioma than people in a more distant neighborhood, who had no known environmental asbestos exposure nearby.

The community of El-Wehda El-Arabia, directly downwind of the plant, had the highest concentration of asbestos fibers in air samples and also had the highest incidence of mesothelioma among residents of the six communities studied, the researchers found. Thirty-nine residents had malignant pleural mesothelioma.

Researchers also found a correlation between length of exposure to asbestos and rates of mesothelioma. The more years residents were exposed to asbestos, the greater the likelihood of having the disease with a significant increase for those with 40 years or more of exposure. More than 60 percent of the residents with mesothelioma were women, the researchers. They attributed that to their long residence in the area.

The researchers said the study had an important message: the mesothelioma threat will remain for years to come and doctors should look for early signs of mesothelioma in people who had had environmental exposure to mesothelioma.

Read the study

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Manager Pleads Guilty in Asbestos Removal Scheme, Agrees to Assist Prosecutors

Monday, November 16th, 2009

A central figure in a New York asbestos scam has agreed to cooperate with federal prosecutors in making a case against an asbestos removal firm and five other workers.

According to The Syracuse Post-Standard, Frank Onoff, who oversaw asbestos removal for Paragon Environmental Construction, pleaded guilty in federal court to being part of a decade-long scheme involving Paragon and Certified Enviromental Services, which provided air testing during asbestos removal projects.

The Certified Environmental Services lab reports were doctored to indicate the asbestos had been properly removed, when in fact it was left intact or scattered about, the newspaper reported. The two companies misled families and business to think that asbestos had been removed from their properties when cancer-causing material was still present. Among the dozens of buildings caught up in the scam were the Alpha Chi Omega sorority house at Syracuse University and the Roxboro Road Elementary School in North Syracuse.

Paragon and another one of its supervisors previously pleaded guility to felonies in federal court for violation of the federal Clean Air Act for illegally removing asbestos and using false lab reports. The company was fined $160,000.

Onoff, who was indicted last May along with Certified Environmetnal Systems and six of its employees, pleaded guility to participating in a conspiracy with Certified Environmental Services to defraud the federal government, violate the Clean Air Act and the Toxic Substances Control Act and commit mail fraud. Onoff is to be sentenced March 12 and faces a maximum of five years in jail and a $250,000 fine.

American Public Health Association Calls for Broad Ban of Asbestos

Friday, November 13th, 2009

This week, members of the American Public Health Association, meeting in Philadelphia, adopted a resolution urging Congress to ban the “manufacture, sale export or import of asbestos-containing products. The American Public Health Association is the largest organization of health professionals in the world.

“With this new policy, APHA is joining the World Federation of Public Health Associations and other international organizations calling for a global ban on asbestos mining and manufacturing and the dangerous practice of exporting asbestos containing materials,” said Celeste Monforton, chair of the APHA’s occupational health and safety section. “As the World Health Organization noted in 2006, the most efficient way to eliminate asbestos related diseases is to stop using all types of asbestos.”

Exposure to asbestos increases the risk of a person developing respiratory diseases such as lung cancer and mesothelioma, a cancer of lining of the lungs or abdomen. Approximately, 2,000 to 3,000 cases of mesothelioma are diagnosed each year in the United States

Asbestos is regulated in the United States, but its use is still permitted for certain products such as fire proofing, roofing, flooring and other materials. EPA banned all new uses of asbestos in 1989. Still, an estimated 1.3 million employees in construction and general industry face significant asbestos exposure on the job. More than 40 countries have banned asbestos.

Scientists Urge Ban on Asbestos, Say Questions Not Reason for Delay

Wednesday, November 11th, 2009

By Wade Rawlins
Asbestos is among the most thoroughly investigated of any workplace health hazard. Yet, certain questions still intrigue researchers including the relative potencies of different types of asbestos, the role of fiber size in determining toxicity and the workplace hazards of unregulated mineral fibers that mimic asbestos. But should these questions be a barrier to a national ban on asbestos use?

Researchers at the University of Washington, the U.S. Public Health Service and the Center for Construction Research and Training, argue in the current issue of the American Journal of Industrial Medicine, that unanswered questions about asbestos should not stand in the way of more protective occupational health policy.

Along those lines, the researchers say the most important health priority regarding the six forms of asbestos regulated by federal workplace safety authorities is—simply put— to ban their production and use. Policy makers often must act in the face of uncertainties to safeguard public health, they say

“There is ample reason to do this without waiting for more evidence on the relative potency of chrysotile versus the five regulated amphibole asbestos minerals,” Dr. Michael A. Silverstein, a professor of environmental and occupational health sciences at the University of Washington, and his co-authors write.

After all the World Health Organization’s International Agency for Research on Cancer recently reaffirmed its conclusion that all forms of asbestos including chrysotile cause mesothelioma as well as cancers of the lung, larynx and ovary. The World Health Organization has urged a worldwide ban on asbestos. Forty-three countries now have asbestos bans in place.

Waiting for more precise information about potential risks before taking action is essentially making a date with an uncertain future and exposing more workers to asbestos-related disease. The diseases typically don’t appear until decades after exposure.

The researchers note that attempts since the 1970s to develop dependable statistical risk assessment models for asbestos have been repeatedly undercut by limitations on reliable exposure data. The conditions of exposure vary too much and remain difficult to classify.

EPA’s current risk assessment method assumes that all types of asbestos fibers are equally potent for causing lung cancer and mesothelioma. But lobbyists for the asbestos industry have sought to change the model to back their claim that chrysotile asbestos—the most common in use today—is less toxic.

In 2008, EPA’s attempt to develop a risk assessment model predicting the relative toxicities for different combinations of asbestos fiber types and dimensions eventually ran aground. EPA’s scientific advisory board recommended that the model be rejected, and EPA administrator agreed that it couldn’t be used as the basis for setting public policy. At the time, Silverstein and more than 80 fellow scientists submitted comments opposing the change, saying there had been no new studies that offered a compelling reason for a new risk assessment.

“The history of asbestos cancer risk assessment illustrates the point that elegant mathematics do not make good public policy,” the researchers write. “Trying to turn fundamentally unreliable data into a valid and reliable output is statistical alchemy, no matter how sophisticated and complex the mathematical models.”

Given the difficulty of distinguishing the toxicity of one type of asbestos fiber from another when all are known to cause cancer, the most health protective course is to err on the side of caution, they say.

The researchers note that the Occupational Safety and Health Administration’s mandate is to take protective action based on the best available evidence. They cite a 1980 Supreme Court decision that OSHA does not have to calculate the exact probability of harm before acting, and “so long as they are supported by a body of reputable scientific thought, the agency is free to use conservative assumptions in interpreting the data… risking error on the side of over protection rather than under-protection.”

While improving analytic methods and developing more precise understanding of the risk of various types of by asbestos fiber remain valid research pursuits, the researchers say the only way to stop asbestos-related disease is to stop the use of all types of asbestos.

##

Federal Health Services Start in Montana Town After Public Emergency Declared

Monday, November 9th, 2009

Residents of Libby, Montana battling asbestos-related disease will start receiving federally-funded medical care today and federal health screenings will begin next week on Nov. 16.

“Help has arrived on the ground for folks in Libby who are victims of asbestos-related disease,” U.S. Sen. Max Baucus of Montana said in a statement. “These services are a result of a long fight to get Libby residents the resources they need to move forward toward a bright future.”

The medical services will be funded by a $6 million grant from the U.S. Department of Health and Human Services. In June, leaders of the department of health and human services joined the U.S. Environmental Protection Agency is declaring a public health emergency in Libby, Montana, where a former vermiculite mine has left widespread asbestos contamination.

The public health emergency declaration requires the federal government to offer screenings and health care for Libby residents and authorizes cleanup work in homes and other structures. Asbestos contamination in the Libby area has been blamed for the deaths of more than 200 people and the illnesses of more than 1,000 more to date.

Microscopic asbestos fibers when inhaled can lodge in the lungs and over time cause serious respiratory diseases including asbestosis, lung cancer and mesothelioma, a rare cancer of the lining of the lungs and abdomen. The symptoms of the disease often don’t appear until 20 to 40 years after exposure.

Federal health assessments have shown than lung cancer rates are 30 percent higher among Libby residents than in the general population. Meanwhile, the rate of malignant mesothlioma, a rare cancer of the lining of the lung linked to asbestos-exposure, is very high for a community with a population of less than 10,000.

“It’s imperative that people exposed to vermiculite asbestos get screened to identify any asbestos-related disease,” Baucus said. “If diagnosed with asbestos-related disease, Libby residents deserve the best treatment possible.”

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Contributing Author

Wade Rawlins is a former environmental reporter with the Raleigh News & Observer.

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