Archive for the ‘Mesothelioma Treatment’ Category

Marvin Penn, at the age of 71, achieved an important victory on June 27 when he and wife Josephine Penn received a $16.25 million dollar verdict in an asbestos-related lawsuit.

Penn was diagnosed with mesothelioma as a result of asbestos exposure during the 1960s. Between 1963 and 1999, Penn worked as a mail carrier. However, during the 1960s, he considered a career change and attended dental technician school. While in attendance, he was exposed to asbestos while making dental castings. The task involved making wax replicas of teeth, and a type of dental tape which happened to contain asbestos.

The trial, the victory, and the size of the verdict were all uncommon, as it is believed to be the first successful asbestos-related lawsuit to name a defendant that manufactured dental tape.

The jury who heard the case attributed 20 percent of the liability to Kerr Corp, a dental supply company. They were the sole defendant in the trial.

Penn’s attorney said, “The jury believed Mr. Penn and did not believe Kerr’s defense that the product it distributed did not release harmful asbestos dust, and that Kerr could not have known at the time that it was dangerous.”

The three-week trial involved state of the art medical testimony. The jury heard about the products manufactured by Kerr Corp and another dental supply company, Dentsply (formerly Randsom & Randolf). Dentsply, however, settled before the verdict, and the jury attributed 20 percent of the liability in the case to that company.

The jury also heard about other asbestos exposure incidents suffered by Marvin Penn, among them an incident relating to spray-on asbestos coating. Penn testified that he worked at a post office adjacent to the former World Trade Center, and was present while the building was being sprayed with asbestos. The jury attributed 40 percent of the liability in the case to the spray.

Lastly, the jury confirmed Todd Shipyards was 20 percent liable for Marvin Penn’s mesothelioma. Penn’s father worked at the shipyard as a steamfitter, and therefore Penn may have been at risk of secondary asbestos exposure.

The case illustrates not only how intricate asbestos litigation can be, but also the many ways asbestos exposure can occur. Without the assistance of a mesothelioma lawyer, Penn may not have received compensation to cover the immense cost of treating mesothelioma.

A former employee of the Massena Central School District in New York was recently sentenced to probation after pleading guilty to two counts of asbestos-related charges.

Benny Gladding plead guilty to providing false information to a federal agent, and to preparing false reports about asbestos in school buildings.

Thousands of schools were built using asbestos-containing construction materials due to the extremely durable and fire-resistant nature of asbestos fibers. However, those same properties also contribute to it being health hazard. When inhaled, asbestos fibers can become lodged in the mesothelial linings of the lungs, heart, and abdomen, and the body cannot degrade or expel these fibers.

Exposure to asbestos can cause a chronic lung disease called asbestosis, as well as mesothelioma. Due to an extensive latency period, these diseases often develop decades after exposure occurs, which can greatly complicate mesothelioma treatment.

For that reason, exposure to asbestos is an extreme health hazard, and many schools that contain asbestos materials spend thousands of dollars on containment and removal in an effort to keep students and staff safe.

The federal Asbestos Hazard Emergency Response Act, created in 1986, provides guidelines that require schools to create and maintain asbestos management plans. In addition, schools must be inspected every three years, and asbestos management plans must be available for public review by staff and parents.

Management plans are intended to provide a written record of the steps a school takes to handle asbestos. The plans also help prevent accidental asbestos exposure that might occur when the location of asbestos-containing materials is unknown.

Gladding was sentenced as a result of several events that occurred during and before 2007. On one occasion, he revealed to federal agents that he had never removed asbestos-containing materials from any of the schools in the Massena Central School District. Gladding also admitted that a past report he prepared about the condition of asbestos at Jefferson Elementary School was inaccurate.

Gladding has been sentenced to two years probation for each of the counts, and the probationary sentences are to be served concurrently. In addition, Gladding must complete 100 hours of community service. As part of his plea, Gladding has agreed to resign from his position as buildings and grounds superintendent for the Massena Central School District.

Numerous scientific studies have examined multiple relationships between diet and cancer, including how diet can help prevent, treat, or contribute to the development of cancer. Some studies have found certain foods packed with the right minerals, vitamins, and phytochemicals provide extra protection against cancer.

A diet rich in these nutrients could possibly help those at risk for various forms of asbestos cancer and are certainly beneficial for mesothelioma cancer patients undergoing debilitating cancer treatment.

Experts say up to one-third of all cancers could be prevented if people adopted healthier lifestyles. A step in this direction includes eating healthier foods. Doctors recommend a predominately plant-based diet rich in fruits, vegetables, and whole grains to both prevent and help treat cancer. The following include some of most highly-recommended cancer-fighting foods available:

Cabbage – This vegetable is high in glucosinolates, which are anticarcinogenic compounds. Raw cabbage, especially when it is fermented as sauerkraut, is a great source of indole-3-carninol (known as I3C). This substance helps to eliminate carcinogens from the body.

Mushrooms – The traditional white button mushrooms found in most supermarkets have been found to contain anticancer compounds. Scientists discovered that white button mushrooms are effective at blocking aromatase, an enzyme that promotes breast cancer. These mushrooms also seem to suppress the growth of prostate cancer cells (another cancer that may be linked to asbestos exposure).

Onions – Of the 10 most frequently-consumed vegetables in the United States, onions have been found to contain the third-highest level of phenolic compounds. These compounds are believed to be some of the most potent anticancer substances that can be found in foods.

Olives – Maslinic acid and oleanolic acid, both found in olives, are known to inhibit the propagation of cancer cells and promote apoptosis (the death of cancer cells).

Raspberries – All berries are great sources of vitamin C and fiber, but raspberries are full of anti-inflammatory compounds known to reduce cell damage that can result in cancer. Raspberries are especially high in fiber as well as ellagic acid and selenium, both of which protect against a range of cancers.

Pumpkin – An extensive and long-term Japanese study involving more than 57,000 participants found that people who consumed the most pumpkin exhibited lower rates of breast, colorectal, gastric, and lung cancers (all of which have been linked to asbestos exposure). Like other winter squash, pumpkins are very high in carotenoids, including beta-carotene.

Flaxseeds – These little seeds are filled with lignans, which are compounds that act like a weak type of estrogen. Lignans are known to promote higher levels of enterolactone, which is associated with a lower risk of breast cancer among women. Flaxseeds are also rich in omega-3 fatty acids. Omega-3 fatty acids have shown to inhibit colon cancer in both women and men.

To learn more about nutrition and cancer, and how complimentary therapies can benefit mesothelioma patients, please visit the Asbestos and Mesothelioma Center.

By Michelle Whitmer

August 5, 2008 – The scheduled demolition for Frank George Apartments in Palatka, Florida has been postponed due to the discovery of asbestos within the building. Workers who were preparing the site were first to locate the toxic material.

The original plans for the building were challenging because of its size, but with the addition of asbestos materials, the entire project has become more hazardous, more complicated, and more expensive.

The building will still be demolished, but only once all asbestos-containing materials have been removed. Since asbestos was heavily used in construction materials during the twentieth century, many large buildings such as the Frank George Apartments are covered with the toxic substance.

Public and private buildings, as well as homes, were often constructed using asbestos-containing materials because of its durability, strength, and fire-resistant nature. Unfortunately, the inhalation of asbestos fibers can cause several forms of cancer, including mesothelioma.

For that reason, many buildings that contain asbestos materials end up costing hundreds of thousands of dollars in containment or removal. All asbestos abatement projects are required to follow strict regulations in an effort to keep occupants, workers, and the community safe.

When dealing with demolition, every single piece of asbestos-containing material must be removed before the building can be demolished. Demolition can create large clouds of asbestos dust, meaning if even a small amount of asbestos remains, a potentially large number of asbestos fibers can be released into the environment. According to some experts, inhalation of very small amounts is enough to cause the development of asbestos-related diseases and make mesothelioma treatments complicated.

In the case of the Frank George Apartments, crews from asbestos containment firm CST Environmental are working to remove all the asbestos using controlled and safe methods.

Asbestos is present in the interior as well as the exterior of the building. Inside the building, the ceilings are covered with a sprayed plaster coating that contains asbestos. On the exterior, workers are thoroughly wetting asbestos-containing cement before removal to prevent small fibers from becoming airborne.

To ensure the work area remains safe, air samples are routinely taken and checked for asbestos fibers. Once the cleanup is complete, the company will oversee the demolition of the building.

Two new lawsuits recently filed in Kanawha County District Court in West Virginia involve people who developed serious diseases as a result of exposure to asbestos.

The first was filed by Joseph Keller, on behalf of the estate of Paul Norman Keller. The lawsuit names CSX Transportation, formerly known as the Chesapeake & Ohio Railroad, as a defendant.

According to the lawsuit, Paul Keller worked for the railroad company for several years, and during his employment was exposed to toxic substances, including airborne asbestos fibers and dust.

The lawsuit filed by Keller says, “As a direct and proximate result of his exposure to the harmful dust, fumes and other products without any lack of due care on his part, the decedent contracted lung cancer and other diseases related to such exposure.”

Paul Keller was diagnosed with lung cancer, by which time he had already been suffering from the disease for several years. He died from the cancer on January 15, 2008.

The lawsuit states that the railroad company failed in its duty to provide Keller with a safe environment in which to work, according to the Federal Employer’s Liability Act. Joseph Keller is seeking punitive as well as compensatory damages on behalf of the deceased’s estate.

The second lawsuit involves a Kanawha County couple who have filed an asbestos-related lawsuit which names a total of 85 defendant companies. The lawsuit, filed by Vincent and Antoinette Scriptunas, claims that Vincent Scriptunas developed mesothelioma as a result of long-term exposure to asbestos.

Vincent Scriptunas, who worked for Union Carbide in South Charleston between 1951 and 1988, was diagnosed with the asbestos-related cancer mesothelioma on June 20, 2007. Scriptunas claims to have been exposed to asbestos while working for Union Carbide.

According to the lawsuit filed by Vincent and Antoinette Scriptunas, the defendant companies are responsible for the development of the disease because they failed to protect or warn Scriptunas about the dangers of asbestos.

The Scriptunas are seeking compensatory and punitive damages for medical expenses, loss of income and earning capacity, and mental and physical suffering.

August 1, 2008 – CBS Broadcasting, Inc., Planet Toys, Inc. and several retailers are facing lawsuits over asbestos contamination of a popular toy based on the CBS hit series “CSI: Crime Scene Investigation.” According to tests commissioned by the Asbestos Disease Awareness Organization (ADAO), the CSI Fingerprint Examination Kit contains tremolite asbestos, which is considered one of the most dangerous forms of asbestos.

Brought forth by Public Justice and filed in California (one in the Los Angeles Superior Court, one in state court), the lawsuits claim “substantial quantities of tremolite asbestos” were discovered in ADAO’s tests. Since the CSI Fingerprint Examination Kit (as well as two other CSI-themed kits) was sold throughout the nation, the suit is being brought on behalf of a nationwide class of consumers who bought or somehow acquired the kits.

The suit was filed in response to the fact that CBS and Planet Toys have failed to take appropriate action regarding the asbestos contamination. The complaint claims that both CBS and Planet Toys were negligent concerning quality control efforts, which, if done properly, could have prevented hazardous asbestos exposure among children and families.

According to ADAO, the defendants were negligent to inform consumers that the toys contained asbestos, which is required under state law (the second lawsuit). Planet Toys claims their multiple tests revealed no asbestos contamination whatsoever.

However, the company still recalled the toy and placed a stop sale on the kits until further information could address the discrepancy between the test results. Planet Toys did admit some of the kits were manufactured in China. Last year, millions of toys from China were recalled due to lead paint contamination and number of other hazards.

The plaintiffs are seeking a court order to put a halt to the sale of the kits, unless they are packaged with a warning. In addition, the plaintiffs want the defendants to refund consumers, pay for testing of kits that have already been opened, as well as pay for any relating medical treatment for the consumers exposed to asbestos.

Treatment of asbestos-related diseases, which usually develop 15 to 40 years after exposure, is very expensive. Diseases such as asbestosis, mesothelioma cancer, and lung cancer can result in medical bills that amount to hundreds of thousands of dollars. For example, mesothelioma treatment costs can surmount into the hundreds of thousands, and that doesn’t even mean the aggressive cancer is cured, as treatment efforts tend to be palliative rather than curative.

By Michelle Whitmer

The medicine world in general is always progressing, but in the world of mesothelioma and the patients afflicted with the fatal cancer, this has been especially true recently.

Some big news that came out recently was that there may be genetic predisposition towards mesothelioma. Hawaiian scientist Dr. Michele Carbone studied patients in Turkey where a village was exposed to a mineral similar to asbestos. While some families all died, others were perfectly healthy. This finding could help lead scientists to discover what gene could be the cause of mesothelioma and perhaps lead to advanced treatment, or dare we hope, a cure.

In the present it’s great to be hopeful but what we have now is a blend of mesothelioma treatments that are continually progressing and in turn leading to longer, more enjoyable lives.
The “major” treatments are pretty well known and include surgery, chemotherapy, radiation.

Outside of those, though, there are other options that can compliment major surgeries and therapies. Alternative medicine options in particular are becoming more important all of the time. In fact, Jonathan Chamberlain has an excellent line of books dealing with how to recover from cancer using alternative methods. For more information, please read “Cancer-The Complete Recovery Guide.”

Massage therapy promotes a number of important health benefits, promoting blood and lymphatic flow and improves circulation, which results in relieved muscle tension. It also stimulates the nervous and digestive system and can relieve chronic pain and improve skin function.

Another alternative medicine remedy is daily supplements. As long as they don’t conflict with current prescriptions, supplements can greatly improve quality of life and enhance any ongoing treatment you may be going through. Dietary supplements include vitamins, minerals, herbs, and amino acids. These are all needed to carry out essential life functions and supplements can provide the body with needed chemicals when diet alone cannot.

Yoga is yet another approach that many cancer patients find helpful. Yoga is good whether you are healthy or sick because it can strengthen and tone the entire body, all while improving flexibility. In addition, it gives patients a peaceful state of mind, which can never be underestimated.
Often times, the above approaches are best utilized in combination. All methods of therapy should be performed under the supervision of a doctor, who will have their own suggestions and medical opinions that are always important to keep in mind and follow.

July 31, 2008 – Nearly seven years after the 9/11 terrorist attacks destroyed the Twin Towers many New Yorkers continue to suffer from mental and physical health problems. In response, the Centers for Disease Control recently announced it would contribute a grant of $30 million toward treatment for people who have experienced health problems after the event.

The collapse of the World Trade Center towers created and dispersed an enormous cloud of dust that was full of toxins and harsh chemicals, including asbestos dust, lead dust, glass fibers, and toxic gases. A very toxic mineral, asbestos is known to cause a range of terminal diseases. These illnesses include, but are not limited to, asbestosis, lung cancer, and mesothelioma.

Many people who breathed in the dust, including local residents, office workers, firefighters, and volunteer rescue workers, have since developed serious health problems such as severe lung disease and certain types of cancer. Exposure to the traumatic events of the day and the days after has also caused many people to suffer from anxiety, depression, and signs of trauma.

Area hospitals, including Bellevue and Gouverneur hospitals in Manhattan and Elmhurst Hospital in Queens, continue to provide treatment and monitoring for people with health problems related to the events of 9/11. These services are provided at no cost for the people who need them, but the money must come from somewhere, and some hospitals have been feeling the pinch. As time passes, treatment of asbestos-related diseases may cause an increase in costs. Illnesses caused by asbestos usually take 15 or more years to develop, and can be very expensive to treat. For example, mesothelioma treatment is very expensive since the cancer is quite aggressive and treatments require intensive medical attention and equipment.

Chris Constantino, Executive Director of Elmhurst Hospital says the grant “would be a welcome infusion of money that would allow Elmhurst Hospital Center to continue treating patients with WTC-related illnesses. Our doctors began seeing patients involved in the cleanup shortly after it began; and have been operating since September 2007 as part of the expansion of Bellevue Hospital’s World Trade Center Environmental Health Center.”

According to Dario Centrocelli, Elmhurst Hospital’s associate executive director for External Affairs, the full effects of the Twin Towers’ collapse are not yet known, as those who were present at the site continue to develop various and often rare types of cancer and other diseases as a result of exposure to heavy dust, smoke, and toxins.

Centrocelli says Elmhurst is currently treating around 150 people with WTC-related illnesses and says hospitals in the area encourage people to visit their doctor or another health professional for the treatment of such illnesses, including mental disorders as well as physical ailments.

Counseling and treatment is available for people suffering depression and other disorders related to the attacks. Monitoring and treatment for physical illnesses is also available. People who were present but have not developed symptoms of disease should also be aware that the long-term effects are unknown. These people are highly advised to have regular checkups to screen for signs of WTC-related diseases.

July 31, 2008 – Rosetta Genomics, the medical research company currently developing a new diagnostic test for mesothelioma, has announced its official acquisition of Parkway Clinical Laboratories, a privately-owned CLIA-certified lab.

The company announced its intentions to acquire the facility around six weeks ago, and this week issued a press release stating the completion of the transaction. Rosetta Genomics purchased the facilities for $2.9 million, as well as an additional $300,000 to be paid “upon the achievement of certain milestones.”

Located in Rehovot, Israel, Rosetta Genomics hopes the acquisition of the Bensalem, Pennsylvania laboratory will facilitate the development and validation of its new diagnostic tests, both in the United States and in the rest of the world.

According to a press release issued by the company, the new mesothelioma test will be able to differentiate between mesothelioma and adenocarcinoma, as well as squamous versus non-squamous non-small cell lung cancer. The test can be performed on a small sample of a patient’s tumor. This is the first diagnostic test which makes use of a highly specific and sensitive form of diagnostic testing the company has dubbed “microRNA.”

The microRNA research is a collaborative effort between Rosetta Genomics Ltd. and the Columbia University Medical Center. Working together, the two groups have already developed a test that can distinguish between two common types of lung cancer.

The company now plans to develop and validate the microRNA-based tests at the Parkway facilities. If the New York State Department of Health approves the new diagnostic test, it will be made available nationwide.

Mesothelioma is an aggressive form of cancer that develops as a result of asbestos exposure. Malignant mesothelioma cancers are difficult to diagnose for a number of reasons, one being these cancers have certain similarities to other types lung cancers.

This can be a serious problem due to the enormous difference in prognosis and treatment between mesothelioma, lung cancer, and other types of cancer. More than half of patients diagnosed with mesothelioma die within two years, and a misdiagnosis can waste time that patients cannot afford to lose. The new diagnostic test may therefore be an important step in improving the effectiveness of mesothelioma treatment.

Cherry Creek, New York – July 28, 2008 – A former code enforcement officer, Frank Watson, who claims to have been fired for refusing to sign permits for a demolition, has filed a lawsuit against his former employer, the village of Cherry Creek in Chautauqua County. Watson worked for the village part-time until he was fired over an asbestos-related incident.

The trouble began in February, when demolition of the Cherry Creek schoolhouse was initiated. At the time, code enforcement had not issued any permits, and there were questions about whether an asbestos inspection had been carried out prior to demolition.

Watson was asked to sign papers that would have allowed demolition of the building to proceed, but he refused, saying his refusal was on the grounds that proper asbestos abatement procedures were not being followed.

On April 5, 2008, Cherry Creek officials voted to terminate Watson’s employment.

At a meeting held on March 12, the state Department of Labor’s Asbestos Control Division confirmed that notice of asbestos code violations in relation to the Cherry Creek school building had been issued to the village.

Department spokesperson Chris Perham confirmed that “The violations ha[d] stipulations attached that state the village must correct whatever the specific issue was.”

Edward Krasinski, a Labor Department industrial hygienist, said the village hired a non-licensed contractor, and the contractor was using non-certified workers to carry out the work on the old school building. These practices can be very dangerous for workers and the public when the building in question contains asbestos.

It has been long established that exposure to asbestos can cause asbestosis, lung cancer, and mesothelioma. Diagnosis of these diseases can be very difficult, as it may take decades for symptoms to appear. For example, mesothelioma can take 15 to 40 years or more to develop. This severely complicates mesothelioma treatment efforts, as the cancer is usually detected in late stages of development.

Watson claims that after the demolition already began, Cherry Creek’s mayor asked him to sign off on the demolition, but Watson refused because of his concerns about asbestos.

Watson further claimed he was fired for purely political reasons related to his refusal to illegally sign the permit, calling the incident “small-town politics at its worst.”

Cherry Creek Mayor Dean Mount claimed that budget constraints were a more significant contribution to Watson’s being fired, and that the incident “probably” had something to do with Watson being fired, but only “a very small part of it.”

The village subsequently defended its actions in a letter sent to residents, but now Watson has filed a lawsuit, alleging defamation of character by the village in the letter that was sent out.