Showing posts with label Lung cancer. Show all posts
Showing posts with label Lung cancer. Show all posts

Tuesday, February 1, 2011

WR Grace Asbestos Bankruptcy Plan Receives Initial Approval

A Delaware Bankruptcy Judge has approved a reorganization plan  for the former asbestos manufacturer, WR Grace. The company sought bankruptcy protection in 2001 from asbestos liabilities. The reorganization plan provides for the payment of benefits to victims of asbestos related disease.The proposed plan now must be reviewed by a US District Court Judge for final approval.


Asbestos exposure results in progressive and latent diseases including: asbestosis, lung cancer and mesothelioma. There is no known cure for mesothelioma, a rare and fatal disease. The use of asbestos is not yet banned in the US.


WR Grace manufactured asbestos insulation, Zonolite, and other asbestos containing products . For many years it mined asbestos in Libby, Montana, and left  behind a legacy of disease to its former employees and residence of the mining community. Last year, the US Congress passed and the President signed, a national health care bill that provided medical coverage under Medicare for those who worked and/or resided in Libby, Montana.


Once the US District Court finalizes approval of the plan, the present and futures asbestos victims trusts will begin processing claims for payment.

Saturday, January 22, 2011

Benefits Available Under the Zadroga 9/11 Victim Compensation Fund


On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."


Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 

It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.

Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).


For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Saturday, December 11, 2010

Judge Orders Arrest of CEO of Asbestos Supplier

A Judge in Tennessee has order the arrest of the Chief Executive Office of an asbestos supplier for his failure to provide information concerning the company's assets. The action followed the jury's award of $4.1 Million for the death of a man who was exposed as a pipe-fitter to asbestos fiber sold/distributed by the company, National Service Industries.

Thursday, November 4, 2010

November is Lung Cancer Awareness Month

We support Lung Cancer Awareness Month and encourage medical screenings and financial support to find a cure. Early awareness and treatment of the disease at its early stages, when it is most curable, would significantly improve outcomes.

Lung cancer is the leading cause of cancer death in every ethic group. Nearly 80% of new lung cancer cases are former and never smokers.

Exposure to
asbestos is major and significant cause of lung cancer. The development of disease may take up to 30 years to manifest following exposure to asbestos.

The Lung Cancer Alliance is the only national non-profit organization devoted solely to support and advocacy for all those living with or at risk for lung cancer. Recognized as one of the most highly rated charities as reviewed by the public on GreatNonprofits.org, Lung Cancer Alliance maintains a 3-star rating by Charity Navigator and is a proud participant of the Combined Federal Campaign 

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

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Wednesday, November 3, 2010

Asbestos Danger Closes Madison Square Garden

Asbestos falling from the ceiling of Madison Square Garden (MSG) resulted a cautious closing of the arena because of the potential health hazards. On going construction and renovation of the facility resulted in workers dislodging the known cancer producing substance.

In a statement issued by MSG management, caution was stressed:
"Out of an abundance of caution, we are postponing tonight's Knicks v. Magic game. We will be working with the city and independent experts, ATC Associates and GCI Environmental Advisory, to evaluate and determine the most appropriate course of action. As the safety of our customers and employees are our top priority, we will not reopen the Garden until we are absolutely assured the Arena is safe.


Asbestos is a known carcinogen and exposure results in asbestosis, lung cancer and a rare and fatal disease, mesothelioma. There is no minimum safe dose level of exposure to asbestos. The disease manifests decades after the exposure to fiber occurs. The use of asbestos in the past has resulted in an epidemic of illness.
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.


Thursday, September 16, 2010

UN Agency Urges Worldwide Asbestos Ban

The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107,000 lives each year. The ILO has warned that asbestos industry lobbyists must not claim support of the ILO in its effort to continue asbestos production.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. While asbestos use has been banned in many countries, Canada and the United States have yet to ban is use. 

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

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Sunday, September 5, 2010

The Fatal Consequences of the GM Bankruptcy

Logo of General Motors Corporation. Source: 20...Image via Wikipedia
The General Motors (GM) bankruptcy is going to adversely impact workers' compensation. It has been estimated that GM is facing  $500 Million worth of future mesothelioma claims that its bankruptcy estate is going to avoid paying. The claims will arise because  deadly asbestos fiber that was used in in the manufacture of GM products including brakes.

Last month U.S. Bankruptcy Judge Robert Gerber in New York permitted the unsecured creditors (asbestos claimants) to obtain documentation from GM about the number of estimated / asbestos liability claims it could be facing in the future. As a result of the bankruptcy action, GM transfered its assets only to
Motors Liquidation Co., but it plans not to transfer its asbestos liabilities to the new company. Therefore, future asbestos claims against GM will not be paid.

Brakes linings were raw asbestos. GM brakes were sold to and used by auto-mechanics for decades.  
Asbestos is a known carcinogen and its deadly effects have been recognized since the early 20th century. One of the latent diseases caused by asbestos exposure is mesothelioma, a rare and fatal illness.

Workers' Compensation systems throughout the United States have been literally swamped with asbestos related claims as the workforce aged and the disease has manifested. The workers' compensation insurance carriers and past employers who used asbestos products have sought to be reimbursed for benefits paid to injured workers by the ultimate wrongdoers, the suppliers, manufacturers and distributors of asbestos products. Those wrongdoers failed to place warning of its products concerning the hazards of asbestos fiber and knew of the hazards.


Taking away the right of ill employees to seek benenfits from GM for its alleged wrongful acts will severely impact the workers' compensation system throughout the US, especially if this process of avoidance becomes of model for future asbestos bankruptcy actions. Difficulties navigating the workers compensation systems at present for occupational illness benefits have become burdensome and extremely difficult for injured workers and their families. GM's attempt to absolve itself from financial responsibility for asbestos related disease should not be permitted as it may create a fatal economic attack on the ailing compensation system.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

Saturday, August 28, 2010

There is No Good Asbestos -- It Is All a Killer


Chrysotile Asbestos and Mesothelioma

Richard A. Lemen
Assistant Surgeon General, U.S. Public Health Service (retired), National Institute for Occupational Safety and Health (retired), Canton, Georgia, E-mail: richard@ralemen.org
The Editor’s Summary for the article by Tse et al. (2010) stated the following:

Assuming an average latency of 42 years, the authors predict that incidence rates will peak in 2009 and that diagnoses will peak in 2014. However, they caution that ongoing use of chrysotile asbestos (which has been implicated but not conclusively established as a cause of mesothelioma) and the release of asbestos fibers from older buildings during demolition or renovation may slow the projected decline.
The statement concerning chrysotile asbestos being “implicated but not conclusively established as a cause of mesothelioma” is inconsistent with current scientific opinion. I refer you to the most recent evaluation by the International Agency for Research on Cancer in which Straif et al. (2009) stated,
Epidemiological evidence has increasingly shown an association of all forms of asbestos (chrysotile, crocidolite, amosite, tremolite, actinolite, and anthophyllite) with an increased risk of lung cancer and mesothelioma. Although the potency differences with respect to lung cancer or mesothelioma for fibres of various types and dimensions are debated, the fundamental conclusion is that all forms of asbestos are “carcinogenic to humans” (Group 1).
In addition, opinions such as that expressed in the Editor’s Summary are advanced only by scientists with prochrysotile industry bias.
When I wrote the draft for the first IARC Monograph on asbestos in 1976, which the expert committee accepted and published in 1977 as IARC Monograph Volume 14, a similar conclusion was stated: “Many pleural and peritoneal mesotheliomas have been observed after occupational exposure to crocidolite, amosite and chrysotile.” Since then—more than 30 years—science has not changed its opinion that all forms of asbestos, including chrysotile, cause mesothelioma.
In fact, in the article that is the subject of the Editor’s Summary, Tse et al. (2010) did not indicate that chrysotile is not a cause of mesothelioma; on the contrary, they stated the following:
Although the mesothelioma incidence is anticipated to decline in the coming decades, it may not decrease to background risk levels given that chrysotile consumption has not been banned under the current legislation and that secondary asbestos exposure from the environment will likely continue. Nevertheless, the hypotheses generated from this ecologic study need further confirmation by subsequent analytic studies. The present study provides supportive evidence for an immediate and global ban on asbestos use.
I hope that future Editor’s Summaries will reflect the conclusions of the article and not put forth statements that are not supported by mainstream science. I also support the conclusion of Tse e al. (2010) for “an immediate and global ban on asbestos use.”

References Top

  1. IARC 1977. Asbestos. IARC Monogr Eval Carcinog Risk Hum 14: 1–106. FIND THIS ARTICLE ONLINE
  2. Straif K, Benbrahim-Tallaa L, Baan R, Grosse Y, Secretan B, El Ghissassi F, et al. 2009. A review of human carcinogens—part C: metals, arsenic, dusts, and fibres. Lancet Oncol 10: 453. –454. FIND THIS ARTICLE ONLINE
  3. Tse LA, Yu IT, Goggins W, Clements M, Wang XR, Au JS, et al. 2010. Are current or future mesothelioma epidemics in Hong Kong the tragic legacy of uncontrolled use of asbestos in the past? Environ Health Perspect 118: 382–386. FIND THIS ARTICLE ONLINE
Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

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Tuesday, August 24, 2010

Veterans at Increased Risk for Mesothelioma

The US Department of Veterans Affairs  has now recognized that veterans may be at an increased risk for the development of mesothelioma, a cancer associated with exposure to asbestos fiber. The government has announced that during World War II, several million people employed in the U.S. shipyards. U.S. Navy Veterans were exposed to amosite and crocidolite since these varieties were used extensively in military construction.


How Veterans Have Been Exposed to Asbestos during Military Service

Veterans who served in some of the following major occupations may have been exposed to asbestos:

  • Mining
  • Milling
  • Shipyard work
  • Insulation work
  • Demolition of old buildings
  • Carpentry and construction
  • Manufacture and servicing of friction products, such as clutch facings and brake linings
  • Manufacture and installation of products, such as roofing and flooring materials, asbestos cement sheet and pipe products, and military equipment

Health Problems Associated with Exposure to Asbestos

Breathing asbestos mainly causes problems in the lungs and the membrane that surrounds the lungs, including:

  • Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
  • Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
  • Cancer - The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum).

 The VA has indicated that exposed veterans may be eligible for governmental benefits including: Health Care Benefits, Disability Compensation Benefits, and other benefits including home loans, vocational rehabilitation and education.


Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.



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$7 Million Verdict Upheld for Wife of Asbestos Worker for Handling Workers Clothes



Sunday, August 22, 2010

$7 Million Verdict Upheld for Wife of Asbestos Worker for Handling Workers Clothes

A NJ Appellate Court upheld an award of $7 Million dollars to the wife of an asbestos worker. The spouse washed her hushand's street clothes  that he used at work. She developed mesothelioma, a cancer associated with exposure to asbestos fiber, as a result of laundering her husband's contaminated clothing.

The worker was employed at the Exxon Refinery in Linden, NJ where he was exposed to asbestos while removing insulation from equipment at the plant.. The company held safety meetings and gave the workers helmets but did not furnish respirators to protect them from the hazards of asbestos, a know carcinogen.

Mesothelioma, a cancer associated with the exposure to asbestos fiber, has a long latency period. It may take between 15 to 35 years to develop after the first exposure to asbestos fiber. 

It has been long recognized that household contacts, ie. spouses and family members, who come into contact with asbestos workers may develop asbestosis, lung cancer and mesothelioma. The first know legal action was brought in New Jersey successfully for a household contact in 1981 who developed mesothelioma as a result of cleaning her husband's clothes. He had worked at the Union Asbestos and Rubber Company in Paterson, NJ during World War II.

The Court also rejected that the spouse,  also a former employee at Exxon, should have been required to seek benefits under workers' compensation.  
"In our view, the judge's decision here to apply the dual persona doctrine is buttressed by the Supreme Court's pronoun-cement in Olivo, supra, 186 N.J. at 405, to impose a separate duty on employers for injuries to a worker's spouse caused by bystander exposure to the asbestos brought home on work clothes. That is, although Exxon could not be held liable to Bonnie based on her direct occupational exposure, it could be held liable pursuant to Olivo, based on her separate exposure to the asbestos brought home by John from his Exxon job."



"Thus, consideration of the relevant legal principles in light of the disputed evidence presented on the summary judgment motions leads us to the conclusion that there were genuine issues of material fact about the actual extent of Bonnie's and John's exposures to asbestos, which precluded summary judgment. Whether Exxon could be held liable pursuant to the dual persona doctrine require a jury determination. Thus, we affirm the judge's denials of summary judgment."

Anderson v, A.J. Friedman Supply Co. Inc., A5892-07, NJ App Div 2010.






Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

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