A mesothelioma patient and former United States Navy machinist won $12.1 million in damages after filing a lawsuit against a manufacturer and supplier of an asbestos-contaminated product.

Charles H. Cundiff, 66, was awarded $10 million May 6, 2009 by a Los Angeles County jury for pain and suffering and $506,000 in economic damages for lost wages. Cundiff’s wife received $1.5 million for loss of consortium.

Following five days of deliberation, the jury ruled that manufacturer John Crane, Inc. and supplier Lone Star Industries failed to warn Cundiff of the health risks associated with asbestos-contaminated insulating cement known as Insulag. The cement was delivered to Puget Sound Naval Shipyard where Cundiff worked for nine months on the USS Kitty Hawk during a four-year tour of duty from 1962 through 1966.

During a nine-month overhaul on the vessel at the shipyard, Cunditt cleaned, repaired and replaced valves, gaskets, pumps and packings and used Insulag cement in two engine rooms. While working aboard the USS Kitty Hawk, Cunditt was exposed to large amounts of asbestos dust and wore no protective equipment to prevent inhalation or ingestion of toxic asbestos fibers.

Cundiff, a retired truck driver, was diagnosed with malignant mesothelioma as a result of his exposure to asbestos. Mesothelioma is a rare, aggressive cancer that affects the lining of many body organs and cavities, known as the mesothelium. The cancer develops after asbestos fibers are inhaled or ingested into the body where they can become lodged in organs, causing inflammation or infection. Symptoms of the disease typically lay dormant for decades after initial asbestos exposure occurred, allowing the cancer to progress to later stages of development.

A partner of the law firm representing Cundiff noted, “Charles Cundiff’s integrity won the day. His courage and tenacity give hope to other Navy families facing the deadly course of mesothelioma due to asbestos exposure.”

Additional information about mesothelioma and asbestos litigation may be found through the Mesothelioma Cancer Center.

According to a news release issued by Iowa Attorney General Tom Miller, Equitable L.P. has been forced to pay a $500,000 fine for failing to perform safe asbestos renovations while working on the historic Equitable Building in downtown Des Moines.

“This is the largest civil penalty by far in Iowa for asbestos violations,” said Miller. “We alleged Equitable L.P. completely ignored asbestos-handling requirements during renovations from 2005 to 2007, until the Iowa Department of Natural Resources became involved.”

Asbestos, a naturally occurring mineral, was widely used in construction materials before the 1980s. Heavy use of this mineral has caused great concern for the construction industry as exposure to the toxic substance can cause sarcomatoid mesothelioma and other serious illnesses.

State and federal laws regulating asbestos have very strict requirements for handling asbestos-containing materials during demolition and renovations. Asbestos becomes hazardous as soon as its microscopic fibers become airborne, allowing the particles to be inhaled.

Department of Natural Resources (DNR) Director Richard Leopold believes the $500,000 civil penalty underscores the importance of properly handling and disposing asbestos-containing materials.

“What’s important to remember is that asbestos poses potentially serious health implications and that we do not have a situation like this happen again,” Leopold said. “This enforcement action should serve as a warning that the regulations relating to asbestos removal and disposal will be vigorously enforced.”

The Attorney General’s lawsuit alleges that Equitable L.P failed to do the following: inspect for asbestos, provide notice to the Iowa Department of Natural Resources, remove asbestos-containing material before renovation, properly handle asbestos-containing material during renovation, or properly dispose of the material.

After a complaint was filed about the renovation project in 2007, the DNR ordered Equitable L.P. to stop activities until all floors were thoroughly inspected by a licensed asbestos abatement contractor. However, Equitable L.P. continued renovations in violation of the order.

The DNR then issued a second Notice of Violation in 2008 for failing to comply with the previous order. After that, the renovations were completed in 2008 without any additional violations.

According to the Environmental Protection Agency, there is no safe level of asbestos exposure. Uncontained asbestos can present a serious hazard to those in the area, and despite whether a person’s exposure may be limited or extreme, they may still be at risk for illness later in life. Symptoms of an asbestos-related illness can take as long as 10 years or more to develop.

Additional information about mesothelioma and asbestos exposure may be found though the Mesothelioma Cancer Center.

A specific type of surgery performed as a component of a treatment plan designed for patients with malignant pleural mesothelioma was deemed effective prior to chemotherapy treatment by a study presented at the 2009 European Multidisciplinary Conference in Thoracic Oncology.

The surgical procedure known as a pleurectomy/decortication (a type of surgery involving the removal of the outermost lining surrounding the lungs) was evaluated in the study. The study examined the procedure in conjunction with chemotherapy and radiation in a trimodal treatment approach.

A team of professionals including Dr. Servet Bölükbas and Dr. Horst Schmidt Kliniken designed the study to test the effectiveness of pleurectomy/decortication as the surgical component in malignant pleural mesothelioma treatment rather than pneumonectomy (removal of a lung).

Malignant mesothelioma is a rare cancer almost exclusively caused by asbestos exposure. Patients with the disease typically demonstrate symptoms several decades after initial exposure occurred, allowing the cancer to progress to later developmental stages. A multimodal therapy approach using two or more methods of treatment is often recommended for mesothelioma patients.

Thirty-five patients with malignant pleural mesothelioma were enrolled in the study over a five-year period from November 2002 through October 2007. Patients underwent the pleurectomy/decortications procedure prior to four chemotherapy sessions (using cisplatin and pemetrexed) and radiation to the chest wall and mediastinum (a group of structures in the thorax) approximately four to six weeks following the surgery. Approximately 94 percent of the patients completed the treatment regimen.

The results from the study were reported May 3, 2009. The one-year survival rate was 75 percent with a median survival rate of 33.2 months. The two-year survival rate was 61 percent with the three-year survival rate reported at 43 percent.

The researchers concluded that the use of pleurectomy/decortication as the surgical component in a multimodal treatment plan using chemotherapy and radiation demonstrated positive survival results and morbidity and warrants additional testing.

Additional information about mesothelioma and treatment options may be found through the Mesothelioma Cancer Center.

A jury near Libby, Montana has recently acquitted W.R. Grace & Company and three of its former executives of knowingly exposing mine workers and Libby residents to asbestos.

Fred Festa, who is chairman, president and CEO of W.R. Grace, said, “We at Grace are gratified by today’s verdict and thank the men and women of the jury who were open to hearing the facts. We always believed that Grace and its former executives had acted properly and that a jury would come to the same conclusion when confronted with the evidence.”

Festa also stated that while Grace owned and operated the Libby mine, “the company worked hard to keep the operation in compliance with the laws and standards of the day.”

A written statement and response by the office of public affairs and the Department of Justice said, “The jury has spoken and we thank them for their service. We are refraining from further comment at this juncture because one individual awaits trial in connection with this case.”

When asked if the Department of Justice plans to appeal the decision, department spokesman Andrew Ames said, “I wouldn’t want to comment on that.”

Federal prosecutors initially accused W.R. Grace and its executives of exposing Libby’s 100,000 residents to asbestos while operating a vermiculite mine, resulting in more than 200 deaths and nearly 2,000 illnesses.

The vermiculite mine was contaminated with tremolite asbestos, which has been linked to a number of asbestos-related illnesses, including malignant mesothelioma. This particular type of cancer can affect the lining of the lungs, heart or abdomen. Other complications which can result from asbestos exposure are lung cancer and asbestosis.

The government’s indictment alleged that W.R. Grace conspired to “knowingly release” asbestos and tried to hide the dangers of inhaling asbestos fibers from employees and nearby residents.

The indictment also said W.R. Grace tried to “defraud the United States and others by impairing, impeding, and frustrating” the Environmental Protection Agency’s investigation of the site in 1999. In all, the 10-count indictment included charges of wire fraud and obstruction of justice.

Many residents of Libby were in disbelief after hearing the jury’s verdict. Steven Schnetter, who worked at the mine for 17 years and now has asbestosis, said, “I don’t see how they (Grace) could have gotten out of it.”

Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Cancer Center.

The Bishop of Peterborough, Right Reverend Ian Cundy passed away suddenly May 7, 2009 while traveling to a family event. After collapsing abruptly, Bishop Cundy was taken by ambulance to Swindon General Hospital in the United Kingdom where he was pronounced dead.

Bishop Cundy was diagnosed with mesothelioma, a rare cancer caused almost exclusively by asbestos exposure, in October 2007 at the age of 62.  Though a cure for the cancer does not exist, patients with malignant mesothelioma may elect to combat the disease through various treatment options such as surgery, chemotherapy or radiation. Bishop Cundy had previously undergone chemotherapy but was recently informed that the cancer had spread significantly.

Bishop Cundy had announced plans to retire in July 2009 due to his battle with mesothelioma. The Crown Nominations Commission will meet at the end of July to consider possible candidates for Bishop Cundy’s successor. The Suffragan Bishop of Brixworth, Right Reverend Frank White, will serve in the interim.

Bishop Cundy is survived by his wife Jo, three children, Robert, Paul and Elizabeth and a new grandson. His wife was with him at the time of his passing.

“Bishop Ian was greatly loved for his gentle manner, his warm acceptance of people from all walks of life and all denominations and traditions within the Christian church,” said Bishop White. “He will be greatly missed, and our prayers are with Jo and the family at this time.”

The Bishop of Ely, Dr. Anthony Russell added, “Ian was a particularly good friend and a deeply respected pastor and bishop. He will be remembered for his important contribution to the Church of England. His wisdom and friendship will be greatly missed.”

Bishop Cundy was appointed Bishop of Peterborough in 1996 and entered the House of Lords in March 2001.

Additional information about mesothelioma may be found through the Mesothelioma Cancer Center.

Management at NBC’s Washington, D.C. headquarters warned employees May 3, 2009 that the presence of asbestos was found on the first floor of the building.

An e-mail sent to staffers stated, “Please be advised that we have discovered that glue on the back of baseboard material in the first floor across the back of the buildings has been found to contain asbestos.”

The e-mail noted there are plans to remove the contaminated baseboards as a safety precaution and a contractor was hired to handle the abatement process.

Asbestos is a toxic mineral known to cause serious health conditions such as malignant mesothelioma, a rare and aggressive cancer. Approximately 2,000 to 3,000 Americans are diagnosed with mesothelioma annually and prognosis is generally poor since the disease is often undetected until it has progressed to later stages of development.

NBC’s Washington, D.C. headquarters is home to NBC News, MSNBC and WRC-TV. Asbestos was found in the area where a new WRC newsroom is planned to be located. The contaminated area was formerly used by Chuck Todd, political director and chief White House correspondent for NBC News, Lisa Myers, senior investigative correspondent for NBC Nightly News, and the WRC sports crew. The location also served as the central newsroom, where thousands of interviews were conducted.

The e-mail stated that beginning May 5, the area would be sealed and negative air pressure created will “reduce the risk of any material becoming airborne.” Airborne asbestos fibers can be inhaled or ingested into the body where they can become lodged in organs and cavities, leading to inflammation or infection. Overtime this can result in the development of an asbestos-related illness.

According to the e-mail, the air quality outside the contaminated location will be monitored “to insure that there are no airborne fibers.”

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

Five Arizona charter school operators have recently been fined $35,700 by the Environmental Protection Agency (EPA) for violating the Asbestos Hazard Emergency Response Act.

The fines result from the EPA discovering that operators failed to inspect for the presence of asbestos. In addition, the operators failed to develop asbestos management plans, which are a requirement for all schools by federal law. The schools have since completed inspections and have developed asbestos management plans.

Katherine Taylor, associate director for the Communities and Ecosystems Division in EPA’s Pacific Southwest region, said, “All schools, including charter schools, need to conduct asbestos inspections and have asbestos management plans. We are pleased that these schools have now conducted inspections and put asbestos management plans into place, as asbestos in schools has the potential for endangering the health of students, teachers, and others, including maintenance workers.”

Mesothelioma, a rare cancer almost exclusively caused by asbestos exposure, is one of the biggest concerns surrounding asbestos. Mesothelioma symptoms do not usually arise until roughly 20 years after the initial exposure occurred, and the prognosis of this illness is typically poor as most cases are diagnosed during the advanced stages of development.

The five schools involved in the violations include Phoenix Advantage Charter School, The Arts Academy at Estrella Mountain and South Mountain, The Hearn Academy, the Tucson Preparatory School, and the AAEC at Paradise Valley, South Mountain, and Red Mountain.

The operator in charge of Phoenix Advantage Charter School was fined $12,600. After asbestos testing and abatement procedures, the school still contains 3,200 square feet of actual or assumed asbestos-containing material.

The operator for The Arts Academy at Estrella Mountain and South Mountain was fined $10,200. While the Estrella Mountain location did not contain asbestos, the South Mountain location was found to contain 2,059 square feet of asbestos-containing materials.

The Hearn Academy operator was fined $8,800 and the school was found to contain 1,230 square feet of asbestos. The Tucson Preparatory School operator was fined $200 for not having a management plan even though asbestos-containing materials were non-existent.

The operator for AAEC at Paradise Valley, South Mountain and Red Mountain was fined $3,900 for failing to conduct an inspection of Paradise Valley and failing to have a management plan for all three locations.

According to the EPA’s asbestos in schools management plan program, all schools that contain asbestos must produce an asbestos management plan that details where asbestos is located in the school, the condition of the asbestos, and what steps have been taken to contain the asbestos and prevent exposure.

Schools that do not contain asbestos are still required to develop a management plan that includes the architect’s building inspection stating asbestos is not present.

Additional information about mesothelioma and asbestos may be found through the Mesothelioma Cancer Center.

Researchers from the Brigham and Women’s Hospital completed a study of a four-gene expression ratio test that potentially differentiated mesothelioma patients with a statistically longer survival period from patients reporting a shorter survival time.

The study, published in a paper titled “Four-Gene Expression Ratio Test for Survival in Patients Undergoing Surgery for Mesothelioma” in the Journal of the National Cancer Institute, aimed to validate a previous study that also measured four-gene expression ratios. The preceding study discovered that measuring expression ratios of four genes could differentiate mesothelioma patients with a favorable prognosis after surgery from patients with a poor prognosis.

Generally, a mesothelioma diagnosis is accompanied by a poor prognosis since the cancer is often left untreated until it spreads to later stages of development. Mesothelioma is a rare cancer caused almost exclusively by asbestos exposure and patients typically do not demonstrate symptoms of the disease for 20 to 50 years after initial asbestos exposure occurred.

In the study, researchers tested the four-gene expression ratio test on 120 malignant pleural mesothelioma patients. Participants had to agree to undergo aggressive surgery and the study excluded patients unwilling to do so. The Journal of the National Cancer Institute notes that results concluded “may not apply to patients who are older or less fit.”

Multiple samples from the patient’s tumors were gathered during surgery or through pleural biopsy. Researchers evaluated the test on the collected samples, using two separate microarray platforms (large gene samples) and two different biopsy procedures.

After adjusting for other clinical factors, the test was able to forecast survival for the mesothelioma patients. Once gene-ratio test results were combined with known mesothelioma prognosis information, patients could be separated into high-risk and low-risk groups. High-risk patients yielded a median survival rate of 6.9 months. The low-risk group median survival rate reported 31.9 months.

The study concluded the gene-ratio test for malignant pleural mesothelioma patients “has robust predictive value and technical assay performance.” An implication noted on the Journal of the National Cancer Institute’s Web site states, “The gene ratio test should be further evaluated with patient specimens collected before clinical intervention to determine whether its results can be incorporated into decision making for patient treatment.”

Additional information about mesothelioma research and ongoing studies may be found through the Mesothelioma Cancer Center.

The Oregon Department of Environmental Quality (DEQ) recently issued a penalty to Able Contractors Inc. for multiple violations related to an asbestos removal project in Yamhill, Oregon.

Able Contractors Inc. is a Brush Prairie, Washington-based company that specializes in asbestos removal and demolition. The penalty issued by the DEQ totaled $17, 588.

Asbestos, a naturally occurring mineral, was fitted in nearly every home or building built before 1978. Generally though, asbestos does not cause health problems unless its fibers are released into the air.

Evidence has proven that inhaling microscopic, airborne asbestos fibers is one of the leading mesothelioma causes. Although most cases of mesothelioma occur in the lining of the lungs, other areas that can be affected by the cancer include the lining of the heart and abdomen.

In addition, the inhalation of asbestos fibers can lead to the development of lung cancer and asbestosis, which is why the proper removal of asbestos is very important.

The recent penalty derives from a project in 2007, where Able Contractors Inc. removed 315 square feet of asbestos-containing sheet vinyl from a home. It was later determined that the friable material contained 20 percent chrysotile asbestos.

The DEQ fined the company $11,732 for failing to properly seal off the area where the asbestos abatement was being performed. Failing to do so can often lead to asbestos fibers reaching other locations.

The DEQ also fined the company for two additional asbestos-related violations, including a $5,206 fine for failing to conduct a final air sampling test and a $650 fine for failing to state the method of asbestos abatement used throughout the project. Air sampling is required for abatement projects involving more than 160 square feet of asbestos-containing material.

Able Contractors Inc. has been a licensed asbestos abatement contractor since 1999. With the penalties filed, the company has until May 13 to make any kind of appeal towards the fines. If Able Contractors chooses not to appeal the penalties, full payment will be due.

Although federal regulations for asbestos abatement may vary from state to state, it is important to note that all guidelines are strictly enforced and should be followed.

Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Cancer Center.