The Southwestern Law School recently sponsored a symposium on asbestos litigation. Unfortunately, most of the articles published are a screed for a handful of insurance carriers and defense litigators seeking to end the litigation and keep the victims of asbestos poisoning from getting their day in court. Here is the link, but caveat emptor. Note: One particularly misleading set of articles was funded by the "Coalition for Litigation Justices, Inc." This is a group funded by the tobacco industry and asbestos defense lobbyists and their concept of "justice" means that injured people cannot sue them for wrongdoing:
http://lawprofessors.typepad.com/mass_tort_litigation/2009/02/the-southwester.htmlTuesday, March 3, 2009
Wednesday, February 18, 2009
Widow beats Phillip Morris in landmark tobacco verdict
Friday the 13th was not a lucky day for Phillip Morris -- widow Ellen Hess won a landmark verdict in the first of 8000 test cases brought against Phillip Morris for tobacco-caused lung cancer. Mrs. Hess proved that her husband was addicted to smoking and could not quit, and jurors held Phillip Morris responsible for causing his addiction.
This case is a landmark victory because Phillip Morris won an earlier appeal throwing out a class action verdict in favor of dead and dying smokers. In that case, the Florida Supreme Court found that each and every single smoker must sue Phillip Morris and prove their case individually. Sadly, this will mean each person who has had a loved one die must endure a trial against Phillip Morris, who refuses to pay any verdict without appealing to every possible court, a process that has taken decades.
For more, go to:
http://www.bloomberg.com/apps/news?pid=20601103&sid=a8as_Yq4AY3U&refer=us
Tuesday, January 6, 2009
Chemical Company held liable in mesothelioma workers' injury case
The team of Carolin Shining of Paul and Hanley LLP and Simona Farise of the Farise Law Firm were successful in obtaining a verdict in excess of $9 million against Union Carbide Corporation. The case involved a terminal and incurable asbestos cancer suffered by a lifetime plumber who was present when drywall muds containing Union Carbide's Calidria fiber were sanded and released into the air. The award included a first-ever finding of punitive damages against Union Carbide of $6 million dollars.
See the following link for more information:
http://www.farriselaw.com/Verdicts-112508.html
See the following link for more information:
http://www.farriselaw.com/Verdicts-112508.html
Third Hand Smoke? What is it and what are the Risks?
Just posted today on Sciam.com, scientific american's website. Another altruistic reason to quit smoking?
http://www.sciam.com/article.cfm?id=what-is-third-hand-smoke
What is third-hand smoke? Is it hazardous?
Researchers warn cigarette dangers may be even more far-reaching
By Coco Ballantyne
Here is an excerpt:
"Ever take a whiff of a smoker's hair and feel faint from the pungent scent of cigarette smoke? Or perhaps you have stepped into an elevator and wondered why it smells like someone has lit up when there is not a smoker in sight. Welcome to the world of third-hand smoke."Third-hand smoke is tobacco smoke contamination that remains after the cigarette has been extinguished," says Jonathan Winickoff, a pediatrician at the Dana–Farber/Harvard Cancer Center in Boston and author of a study on the new phenomenon published in the journal Pediatrics. According to the study, a large number of people, particularly smokers, have no idea that third-hand smoke—the cocktail of toxins that linger in carpets, sofas, clothes and other materials hours or even days after a cigarette is put out—is a health hazard for infants and children.
Of the 1,500 smokers and nonsmokers Winickoff surveyed, the vast majority agreed that second-hand smoke is dangerous. But when asked whether they agreed with the statement, "Breathing air in a room today where people smoked yesterday can harm the health of infants and children," only 65 percent of nonsmokers and 43 percent of smokers answered "yes.""Third-hand smoke," a term coined by Winickoff's research team, is a relatively new concept but one that has worried researchers and nonsmokers for several years. "The third-hand smoke idea—concern over that—has been around for a long time. It's only recently been given a name and studied," says Stanton Glantz, director of the Center for Tobacco Control Research and Education at the University of California, San Francisco. "The level of toxicity in cigarette smoke is just astronomical when compared to other environmental toxins [such as particles found in automobile exhaust]," he adds, but notes that he is not aware of any studies directly linking third-hand smoke to disease [as opposed to second-hand smoke, which has been associated with disease].
ScientificAmerican.com asked Winickoff to explain exactly what third-hand smoke is and why it poses a public health risk. How exactly do you distinguish between second- and third- hand smoke? Third-hand smoke refers to the tobacco toxins that build up over time—one cigarette will coat the surface of a certain room [a second cigarette will add another coat, and so on]. The third-hand smoke is the stuff that remains [after visible or "second-hand smoke" has dissipated from the air]…. You can't really quantify it, because it depends on the space…. In a tiny space like a car the deposition is really heavy…. Smokers [may] smoke in another room or turn on a fan. They don't see the smoke going into a child's nose; they think that if they cannot see it, it's not affecting [their children].Smokers themselves are also contaminated…smokers actually emit toxins [from clothing and hair].Why is third-hand smoke dangerous?The 2006 surgeon general's report says there is no risk-free level of tobacco exposure…. There are 250 poisonous toxins found in cigarette smoke. One such substance is lead. Very good studies show that tiny levels of exposure are associated with diminished IQ.What do you consider the most dangerous compound in cigarette smoke?I would say cyanide, which is used in chemical weapons. It actually interferes with the release of oxygen to tissues. It competitively binds to hemoglobin [meaning it competes with oxygen for binding sites on the blood's oxygen-carrying molecule, hemoglobin]. Basically people with cyanide poison turn blue…. [And] arsenic, that is a poison used to kill mammals. We [used to] use it to kill rats. And there it is in cigarette smoke.
Why are the risks associated with exposure to third-hand smoke different for children and adults?The developing brain is uniquely susceptible to extremely low levels of toxins. Remember how we talked about the layers of toxin deposits on surfaces? Who gets exposure to those surfaces? Babies and children are closer to [surfaces such as floors]. They tend to touch or even mouth [put their mouths to] the contaminated surfaces. Imagine a teething infant.Children ingest twice the amount of dust that grown-ups do. Let's say a grown-up weighs 150 pounds [68 kilograms]. Let's say a baby weighs 15 pounds [seven kilograms]. The infant ingests twice the dust [due to faster respiration and proximity to dusty surfaces]. Effectively, they'll get 20 times the exposure.Studies in rats suggest that tobacco toxin exposure is the leading cause of sudden infant death syndrome (SIDS). We think it is [caused by] respiratory suppression.What types of places or materials harbor the greatest amount of third-hand smoke?Anywhere you see an enclosed space you should watch out for [it].By introducing the phrase "third-hand smoke" in your research, what do you hope to accomplish?
This study points to the need for every smoker to try to quit. That's the only way to completely protect their children….
http://www.sciam.com/article.cfm?id=what-is-third-hand-smoke
What is third-hand smoke? Is it hazardous?
Researchers warn cigarette dangers may be even more far-reaching
By Coco Ballantyne
Here is an excerpt:
"Ever take a whiff of a smoker's hair and feel faint from the pungent scent of cigarette smoke? Or perhaps you have stepped into an elevator and wondered why it smells like someone has lit up when there is not a smoker in sight. Welcome to the world of third-hand smoke."Third-hand smoke is tobacco smoke contamination that remains after the cigarette has been extinguished," says Jonathan Winickoff, a pediatrician at the Dana–Farber/Harvard Cancer Center in Boston and author of a study on the new phenomenon published in the journal Pediatrics. According to the study, a large number of people, particularly smokers, have no idea that third-hand smoke—the cocktail of toxins that linger in carpets, sofas, clothes and other materials hours or even days after a cigarette is put out—is a health hazard for infants and children.
Of the 1,500 smokers and nonsmokers Winickoff surveyed, the vast majority agreed that second-hand smoke is dangerous. But when asked whether they agreed with the statement, "Breathing air in a room today where people smoked yesterday can harm the health of infants and children," only 65 percent of nonsmokers and 43 percent of smokers answered "yes.""Third-hand smoke," a term coined by Winickoff's research team, is a relatively new concept but one that has worried researchers and nonsmokers for several years. "The third-hand smoke idea—concern over that—has been around for a long time. It's only recently been given a name and studied," says Stanton Glantz, director of the Center for Tobacco Control Research and Education at the University of California, San Francisco. "The level of toxicity in cigarette smoke is just astronomical when compared to other environmental toxins [such as particles found in automobile exhaust]," he adds, but notes that he is not aware of any studies directly linking third-hand smoke to disease [as opposed to second-hand smoke, which has been associated with disease].
ScientificAmerican.com asked Winickoff to explain exactly what third-hand smoke is and why it poses a public health risk. How exactly do you distinguish between second- and third- hand smoke? Third-hand smoke refers to the tobacco toxins that build up over time—one cigarette will coat the surface of a certain room [a second cigarette will add another coat, and so on]. The third-hand smoke is the stuff that remains [after visible or "second-hand smoke" has dissipated from the air]…. You can't really quantify it, because it depends on the space…. In a tiny space like a car the deposition is really heavy…. Smokers [may] smoke in another room or turn on a fan. They don't see the smoke going into a child's nose; they think that if they cannot see it, it's not affecting [their children].Smokers themselves are also contaminated…smokers actually emit toxins [from clothing and hair].Why is third-hand smoke dangerous?The 2006 surgeon general's report says there is no risk-free level of tobacco exposure…. There are 250 poisonous toxins found in cigarette smoke. One such substance is lead. Very good studies show that tiny levels of exposure are associated with diminished IQ.What do you consider the most dangerous compound in cigarette smoke?I would say cyanide, which is used in chemical weapons. It actually interferes with the release of oxygen to tissues. It competitively binds to hemoglobin [meaning it competes with oxygen for binding sites on the blood's oxygen-carrying molecule, hemoglobin]. Basically people with cyanide poison turn blue…. [And] arsenic, that is a poison used to kill mammals. We [used to] use it to kill rats. And there it is in cigarette smoke.
Why are the risks associated with exposure to third-hand smoke different for children and adults?The developing brain is uniquely susceptible to extremely low levels of toxins. Remember how we talked about the layers of toxin deposits on surfaces? Who gets exposure to those surfaces? Babies and children are closer to [surfaces such as floors]. They tend to touch or even mouth [put their mouths to] the contaminated surfaces. Imagine a teething infant.Children ingest twice the amount of dust that grown-ups do. Let's say a grown-up weighs 150 pounds [68 kilograms]. Let's say a baby weighs 15 pounds [seven kilograms]. The infant ingests twice the dust [due to faster respiration and proximity to dusty surfaces]. Effectively, they'll get 20 times the exposure.Studies in rats suggest that tobacco toxin exposure is the leading cause of sudden infant death syndrome (SIDS). We think it is [caused by] respiratory suppression.What types of places or materials harbor the greatest amount of third-hand smoke?Anywhere you see an enclosed space you should watch out for [it].By introducing the phrase "third-hand smoke" in your research, what do you hope to accomplish?
This study points to the need for every smoker to try to quit. That's the only way to completely protect their children….
Thursday, September 25, 2008
Living near asbestos products factories creates cancer risk -- new study
1: Am J Respir Crit Care Med. 2008 Sep 15;178(6):624-9. Epub 2008 Jun 12.
Links
Comment in:
Am J Respir Crit Care Med. 2008 Sep 15;178(6):556-7.
Mapping the risk of mesothelioma due to neighborhood asbestos exposure.
Kurumatani N, Kumagai S.
Department of Community Health and Epidemiology, Nara Medical University School of Medicine, 840 Shijyocho, Kashihara, Nara 634-8521, Japan. knorio@naramed-u.ac.jp
RATIONALE: Little is known about neighborhood exposure to asbestos and mesothelioma risk among residents around an industrial source of asbestos. OBJECTIVES: To investigate the magnitude of the risk among residents by asbestos exposure levels and to determine the range of the area affected by asbestos. METHODS: We calculated standardized mortality ratios of mesothelioma from 1995 to 2006 among the estimated population at risk that lived around a former large asbestos cement pipe plant in Amagasaki City, Japan, between 1957 and 1975, the time when the plant had used crocidolite and chrysotile. The distance between the plant and homes and relative asbestos concentrations obtained by diffusion equations involving meteorological conditions were used to determine asbestos exposure levels among residents. MEASUREMENTS AND MAIN RESULTS: We identified 73 mesothelioma deaths of 35 men and 38 women who had no occupational exposure to asbestos. Among persons who had lived within a 300-m radius of the plant, the standardized mortality ratio of mesothelioma was 13.9 (95% confidence interval, 5.6-28.7) for men and 41.1 (95% confidence interval, 15.2-90.1) for women. When the study area was divided into five regions by relative asbestos concentration, standardized mortality ratios of mesothelioma declined, for both sexes, in a linear dose-dependent manner with concentration. The regions with a significantly elevated standardized mortality ratio reached 2,200 m from the plant in the same direction in which the wind predominantly blew. CONCLUSIONS: Neighborhood exposure to asbestos can pose a serious risk to residents across a wide area.
PMID: 18556631 [PubMed - indexed for MEDLINE]
Living Near Asbestos Plant Raises Cancer Risk
NEW YORK SEPT 25, 2008 (Reuters Health) - People who have ever lived a short distance from an asbestos-manufacturing plant may have an elevated risk of a rare form of cancer, a new study suggests.
Asbestos is a heat-resistant fibrous material that was once widely used in insulation, fireproofing, tiles and a host of other building materials. Breathing in airborne asbestos fibers can contribute to lung cancer, as well as mesothelioma -- a rare cancer of the membrane surrounding internal organs. It most often affects the tissue that lines the chest cavity and protects the lungs.
People who have ever had on-the-job exposure to asbestos -- in industries like construction and insulation manufacturing -- are at greatest risk of mesothelioma.
The new findings now suggest that people who've ever lived near an asbestos manufacturing plant are also at risk of developing the disease, several decades later.
In the study, Japanese researchers found higher-than-expected death rates from mesothelioma among people who'd lived near a now-closed asbestos cement pipe plant between 1957 and 1975.
The risk steadily declined as residents' distance from the plant increased, with elevated mesothelioma rates seen among people living up to roughly 1.5 miles downwind of the plant.
Residents who died of mesothelioma developed symptoms of the disease an average of 43 years after their first year living near the plant, according to Drs. Norio Kurumatani and Shinji Kumagal. The findings are published in the American Journal of Respiratory and Critical Care Medicine.
The researchers based their findings on 35 men and 38 women who had lived near the asbestos pipe plant between 1957 and 1975 and died of mesothelioma sometime between 1995 and 2006. None had had any occupational exposure to asbestos.
The mesothelioma death rate for these residents was four times what would be expected. And the greatest risk was seen among men and women living within 300 meters of the plant; the death rate among women was 41 times the expected rate, while the rate among men was 14 times the expected figure.
The findings strongly support exposure to the asbestos plant as the cause of these mesothelioma cases, according to Kurumatani and Kumagal.
In 2006, the researchers note, the Kubota Corporation, which ran the plant before it closed, established a compensation fund for people who developed asbestos-related diseases after having lived within kilometer -- or 1.6 miles -- of the site during the time it used asbestos.
Kurumatani is at the Nara Medical University School of Medicine in Kashihara, and Kumagal is affiliated with the Osaka Prefecture Institute of Public Health in Osaka.
SOURCE:
· American Journal of Respiratory and Critical Care Medicine, September 15, 2008.
Links
Comment in:
Am J Respir Crit Care Med. 2008 Sep 15;178(6):556-7.
Mapping the risk of mesothelioma due to neighborhood asbestos exposure.
Kurumatani N, Kumagai S.
Department of Community Health and Epidemiology, Nara Medical University School of Medicine, 840 Shijyocho, Kashihara, Nara 634-8521, Japan. knorio@naramed-u.ac.jp
RATIONALE: Little is known about neighborhood exposure to asbestos and mesothelioma risk among residents around an industrial source of asbestos. OBJECTIVES: To investigate the magnitude of the risk among residents by asbestos exposure levels and to determine the range of the area affected by asbestos. METHODS: We calculated standardized mortality ratios of mesothelioma from 1995 to 2006 among the estimated population at risk that lived around a former large asbestos cement pipe plant in Amagasaki City, Japan, between 1957 and 1975, the time when the plant had used crocidolite and chrysotile. The distance between the plant and homes and relative asbestos concentrations obtained by diffusion equations involving meteorological conditions were used to determine asbestos exposure levels among residents. MEASUREMENTS AND MAIN RESULTS: We identified 73 mesothelioma deaths of 35 men and 38 women who had no occupational exposure to asbestos. Among persons who had lived within a 300-m radius of the plant, the standardized mortality ratio of mesothelioma was 13.9 (95% confidence interval, 5.6-28.7) for men and 41.1 (95% confidence interval, 15.2-90.1) for women. When the study area was divided into five regions by relative asbestos concentration, standardized mortality ratios of mesothelioma declined, for both sexes, in a linear dose-dependent manner with concentration. The regions with a significantly elevated standardized mortality ratio reached 2,200 m from the plant in the same direction in which the wind predominantly blew. CONCLUSIONS: Neighborhood exposure to asbestos can pose a serious risk to residents across a wide area.
PMID: 18556631 [PubMed - indexed for MEDLINE]
Living Near Asbestos Plant Raises Cancer Risk
NEW YORK SEPT 25, 2008 (Reuters Health) - People who have ever lived a short distance from an asbestos-manufacturing plant may have an elevated risk of a rare form of cancer, a new study suggests.
Asbestos is a heat-resistant fibrous material that was once widely used in insulation, fireproofing, tiles and a host of other building materials. Breathing in airborne asbestos fibers can contribute to lung cancer, as well as mesothelioma -- a rare cancer of the membrane surrounding internal organs. It most often affects the tissue that lines the chest cavity and protects the lungs.
People who have ever had on-the-job exposure to asbestos -- in industries like construction and insulation manufacturing -- are at greatest risk of mesothelioma.
The new findings now suggest that people who've ever lived near an asbestos manufacturing plant are also at risk of developing the disease, several decades later.
In the study, Japanese researchers found higher-than-expected death rates from mesothelioma among people who'd lived near a now-closed asbestos cement pipe plant between 1957 and 1975.
The risk steadily declined as residents' distance from the plant increased, with elevated mesothelioma rates seen among people living up to roughly 1.5 miles downwind of the plant.
Residents who died of mesothelioma developed symptoms of the disease an average of 43 years after their first year living near the plant, according to Drs. Norio Kurumatani and Shinji Kumagal. The findings are published in the American Journal of Respiratory and Critical Care Medicine.
The researchers based their findings on 35 men and 38 women who had lived near the asbestos pipe plant between 1957 and 1975 and died of mesothelioma sometime between 1995 and 2006. None had had any occupational exposure to asbestos.
The mesothelioma death rate for these residents was four times what would be expected. And the greatest risk was seen among men and women living within 300 meters of the plant; the death rate among women was 41 times the expected rate, while the rate among men was 14 times the expected figure.
The findings strongly support exposure to the asbestos plant as the cause of these mesothelioma cases, according to Kurumatani and Kumagal.
In 2006, the researchers note, the Kubota Corporation, which ran the plant before it closed, established a compensation fund for people who developed asbestos-related diseases after having lived within kilometer -- or 1.6 miles -- of the site during the time it used asbestos.
Kurumatani is at the Nara Medical University School of Medicine in Kashihara, and Kumagal is affiliated with the Osaka Prefecture Institute of Public Health in Osaka.
SOURCE:
· American Journal of Respiratory and Critical Care Medicine, September 15, 2008.
Friday, August 15, 2008
Secretary Chao’s favorite excuse: “the deliberative process”
Secretary Chao’s favorite excuse: “the deliberative process”
August 12, 2008 in Confined Space @ TPH, Mining, Occupational Health & Safety, Politics, Regulation, Uncategorized by Celeste Monforton
Secretary of Labor Elaine Chao, her Solicitor and other political operatives in DOL continue to dismiss requests from Cong. George Miller (D-CA) and Sen. Edward Kennedy (D-MA) for documents related to the development of her draft risk assessment proposal. The latest non-response, dated Aug 5, refers five times to the almighty “deliberative process” as a reason for refusing to disclose information related to the outside contractors who were involved in its development. That’s just plain hogwash.
If you look closely at Congress’ request for records, they ask for:
a list of all meetings concerning the development of this proposed regulation at which anyone not employed by the Department attended, including the dates of any such meetings, the names of those attending the meetings, and the agenda and minutes of those meetings.
A list of all oral communications, telephonic, electronic, in-person or otherwise, with external parties relating to the development of this proposed regulation, including the date of each such communications and the names of the individuals involved.
If Secretary of Labor Chao, Asst. Secretary Sequeira, and Solicitor of Labor Gregory F. Jacob were audacious enough to exclude career DOL health scientists from their master plan to downgrade workers’ health risks, they should NOT be allowed to shield themselves with claims of “Executive Branch privilege,” “separation of power” liberties, or “deliberative process” license.
==
For more details on Secretary of Labor Elaine Chao’s draft proposal on occupational health risk assessment, see this page on the SKAPP website.
August 12, 2008 in Confined Space @ TPH, Mining, Occupational Health & Safety, Politics, Regulation, Uncategorized by Celeste Monforton
Secretary of Labor Elaine Chao, her Solicitor and other political operatives in DOL continue to dismiss requests from Cong. George Miller (D-CA) and Sen. Edward Kennedy (D-MA) for documents related to the development of her draft risk assessment proposal. The latest non-response, dated Aug 5, refers five times to the almighty “deliberative process” as a reason for refusing to disclose information related to the outside contractors who were involved in its development. That’s just plain hogwash.
If you look closely at Congress’ request for records, they ask for:
a list of all meetings concerning the development of this proposed regulation at which anyone not employed by the Department attended, including the dates of any such meetings, the names of those attending the meetings, and the agenda and minutes of those meetings.
A list of all oral communications, telephonic, electronic, in-person or otherwise, with external parties relating to the development of this proposed regulation, including the date of each such communications and the names of the individuals involved.
If Secretary of Labor Chao, Asst. Secretary Sequeira, and Solicitor of Labor Gregory F. Jacob were audacious enough to exclude career DOL health scientists from their master plan to downgrade workers’ health risks, they should NOT be allowed to shield themselves with claims of “Executive Branch privilege,” “separation of power” liberties, or “deliberative process” license.
==
For more details on Secretary of Labor Elaine Chao’s draft proposal on occupational health risk assessment, see this page on the SKAPP website.
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