42 Years - A Professional Law Corporation - Helping Asbestos Victims Since 1974

Posts by: Steven Kazan

GM Responds to Ignition Switch Glitches but Not to Asbestos Exposure

asbestos exposureAn Open Letter to Ken Feinberg, settlement administrator for GM, and Mary Barra, GM CEO:

When will you accept full responsibility for those whom you are killing slowly through asbestos exposure? Why are the lives of those killed through flawed engineering more important to you than those killed through flawed choice of materials? Is it because you only care to do the right thing if it involves consumers who buy your products and not the mechanics you knowingly subjected to asbestos exposure?

GM has just recalled another 8.5 million vehicles, including more than 8 million for ignition-switch defects, and said it knew of three deaths in accidents involving the affected cars.

This boosts to about 29 million cars and trucks that GM has recalled in North America this year—a number greater than the company’s combined U.S. sales for the years 2005 through 2013, according to the Wall Street Journal.

Ken Feinberg, you explained to the media all about the GM fund you’ll oversee to compensate for deaths and injuries. You are quoted in USA Today as saying there is no limit on the amount you can award individual claims, nor on the total amount of GM’s money you can spend. “GM delegated to me full and sole discretion to decide which claims are eligible, and how much money they should get.” you said.

Why then did GM declare bankruptcy in 2009 to avoid compensating those suffering from malignant mesothelioma due to asbestos exposure from working on GM cars?

Thousands of people have developed asbestos-related illnesses as a result of GM. By 2009, the company was liable for an estimated $636 million in asbestos claims, and GM filed for bankruptcy in 2009.

Following the bankruptcy reorganization in 2009, GM’s debts were transferred to Motors Liquidation Company. This included all present and future asbestos liability claims. The Motors Liquidation Company Asbestos PI Trust officially opened on April 30, 2012 to settle any present and future asbestos lawsuits paying only pennies on the dollar.

Mary Barra, when you took the reins of GM you admirably said GM has a “civic and moral responsibility” towards those harmed. Why the double standard that embraces responsibility for those harmed by driving your cars but sidesteps responsibility for those who worked on them? As I’ve said before, the end result of both is death and bereaved families.

It’s good that GM recognizes part of its moral responsibility to some of those Americans it has and will kill and maim. But ignoring all its asbestos victims isn’t moral; it’s hypocrisy. Shame on GM. Shame on Ken and Mary.

Why Every Mesothelioma Patient Needs Two Power of Attorney Documents

mesothelioma patientYou may be a mesothelioma patient but in the eyes of the law you are still an independent adult. And that’s a good thing. But it has its downsides.

What if you are not feeling well – which your medical treatment as a mesothelioma patient makes very likely — and you need a prescription picked up from the pharmacy? Or test results from a lab? Because of well-intended federal rules to protect patient privacy, even your spouse or adult offspring will not be able to get these for you. Unless you have a signed durable power of attorney for health care matters authorizing them to do so.

Or what if you need to have an IRA or savings CD cashed out to help pay for your medical expenses? And you are unable to go to the bank to sign all the papers? Someone you trust can do it for you if you have given them power of attorney for your finances.

A power of attorney is a legal document that gives someone you choose the power to act on your behalf. In case you become mentally incapacitated, you’ll need what are known as “durable” powers of attorney for medical care and finances. A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own.

You need separate durable power of attorney documents for health care and your finances. It is important to keep copies (keep the original in a safe deposit box or with your attorney) of both of these handy because every pharmacy, doctor’s office and financial institution will want a copy on file before they will interact with your designated representative. Every receptionist or hospital technician will want to know whether your spouse or son or daughter is the “P.O.A.” (the abbreviation for “power of attorney”) before they will give them information they need for your care and well-being.

Do not delay on getting these documents in place. Without them, if you become too ill to take care of your health and finances, your family will have to go through expensive and lengthy court proceedings just to be able to take care of you.

Even though you should make separate power of attorney documents for health care and finances, it makes sense to name the same agent under both documents. Just make sure that the person you choose understands the responsibility for your care that they are agreeing to and will be able to be present when needed to act. Your life depends on it.

How Much Asbestos Exposure is Dangerous?

asbestos exposureBecause of my expertise in asbestos, I am often asked, “How much asbestos exposure is safe?”

The short answer is none. No amount of asbestos exposure is considered safe.

Not everyone who is exposed to asbestos gets an asbestos-related disease. Similarly not everyone who smokes cigarettes gets lung cancer or emphysema. People sometimes say, “Oh my Aunt Mary or Uncle Joe smoked two packs a day and lived to a hundred.” That very well may be but the odds are highly against it. Are you willing to take that chance and risk your life that you are one of the very few not vulnerable? I hope not.

Although asbestos exposure does not guarantee that you will get sick, anyone exposed to asbestos has a higher risk of developing an asbestos-related disease. These include asbestosis, lung cancer and mesothelioma – all require very extensive medical treatment and are unlikely to be cured.

Even very small amounts of asbestos can cause mesothelioma, a relatively rare cancer of the thin membranes that line the chest and abdomen. Although rare, mesothelioma is the most common form of cancer associated with asbestos exposure, according to the National Cancer Institute. We have had many cases of family members developing mesothelioma from asbestos dust a worker in the family unknowingly brought home on his or her clothes.

Unfortunately, you can’t tell when asbestos is in the air and damaging your lungs. Asbestos does not make you cough or sneeze. It will not make your skin or throat itch. Asbestos fibers get into the air when asbestos materials are damaged, disturbed or handled unsafely. When asbestos is crushed, it does not make ordinary dust. It breaks into microscopic fibers that are too small to see or feel.

Asbestos fibers are so small and light that they can stay airborne days after they were released into the environment. While these particles are airborne, anyone could unknowingly inhale them. Because the fibers are so tiny, they can travel deep into the lungs where they can remain for years without you knowing they’re there.

All asbestos diseases have a latency period – a gap between the time you breathe in asbestos and when you actually start to feel sick. It may take 10 to 40 years after asbestos exposure, for you to feel symptoms of asbestos-related disease.

If you think you have been exposed to asbestos, see your doctor about getting a chest x-ray or CAT scan. The x-ray cannot detect the asbestos fibers themselves, but can detect early signs of lung disease caused by asbestos.   And remember, there is no safe amount of asbestos exposure.

Your Asbestos Settlement and Financial Risk

This is a guest post by Patrick Collins of Schultz Collins Lawson Chambers, Inc., the firm we hired to advise us on how to handle Kazan Law’s pension funds, our charitable foundation’s funds, and that some of our partners hired to advise them on personal money management.

asbestos settlementFinancial risk and uncertainty are both important aspects of investing your asbestos settlement.   As a general proposition, let’s assume that “uncertainty” is a condition that makes individuals more scared of taking risk.  When a child is uncertain about how the world works, he or she might be very concerned about what type of monster hides under the bed at night.  Getting out of bed when the lights are turned off is viewed as a risky undertaking.  As an adult with more experience and knowledge, such worries seem comical—however, to a child they are very real.

Fear, however, is no laughing matter.  Uncertainty drives both adults and children to protect themselves by avoiding situations with which they are unfamiliar or uncomfortable.  Investing often involves a fear of the unknown.

Lack of familiarity with financial concepts and technical jargon can make investing your asbestos settlement seems very risky.  The less you know, the easier it is to imagine bad outcomes, and the more attractive a safe alternative like a bank account may appear.  Equally worrisome, the less you know about a subject, the more reliant you become on trust.  Can you trust the auto mechanic not to overcharge for repairs; can you trust your doctor to give you a correct diagnosis; can you trust a financial adviser not to recommend investments that only serve his or her self-interest?

An American philosopher remarked that the only thing more difficult than making money was keeping it.  News reports often tell the sad story of lotto winners who, just a few years later, are flat broke.  Undoubtedly, these folks would have been better served by putting all their money into a passbook savings account, developing a budget for reasonable living expenses, and sticking to it.  The moral of their sad stories seems to be that everything should be put into the bank—don’t take any risk.

When is risk avoidance the best course of action?  Is there any course of action that is truly risk free?  Is there a reason to put your asbestos settlement “at risk” in an investment program?  If yes, how much should be put at risk?

These are topics for future consideration.

The posts provided by Schultz Collins Lawson Chambers, Inc. [SCLC] convey information on basic investment concepts.  They are intended to facilitate prudent investment decision making.   They should not, however, be the sole factor in making investment decisions; and, they are not intended to act as advice or recommendations for any specific investor.    SCLC acts as Independent Investment Counsel and is a Registered Investment Advisor.  It does not provide legal, accounting or tax advice; and the opinions expressed in the posts are solely those of SCLC.  You can find additional information about SCLC, their personnel, and client services at www.schultzcollins.com

Related posts:

Who Needs to Take Risk with an Asbestos Settlement?

Your Asbestos Settlement and Investing

Workers Rights Summer Brown Bag Series

workers rightsOur mission at Kazan Law to defend those harmed by workplace asbestos exposure keeps us focused on worker safety and workers’ rights.  Manufacturing may have declined in the United States in recent years but blue collar work – whether in agriculture, automotive or service industries – has not. A 2012 survey finds that in California blue collar workers outnumbered white collar workers 61% to 39%.  For that same year, Worksafe, a California nonprofit that Kazan Law has supported for many years, reported that 451,500 of those blue collar workers were injured or made ill at their jobs. An additional 339 were killed.

Therefore we feel that it is important to educate our summer asbestos law clerks as well as new employees of the firm who have recently graduated not just about the law and our practice, but also about our deep commitment to justice for all and defending workers’ rights to safety and health on the job as well as other important workers’ rights.  One of the ways we do this is with a weekly brown bag lunch series throughout the summer. The summer law clerks and any staff who choose to attend bring their lunch at noon to our conference room. There we provide cookies and beverages along with short documentary films and/or in-person talks from administrative law judges, attorneys, union representatives, and others involved in advocating for workers, including attorneys on our staff.

This inspiring series is coordinated by Fran Schreiberg, Of Counsel staff attorney who has made a career safeguarding workers rights on a state and federal level.

Topics include:

Meet Arthur Bryant and Sarah Belton of Public Justice Bryant, President of Public Justice and the Public Justice Foundation, has won major victories and established new precedents in several areas of the law, including constitutional law, toxic torts, civil rights, consumer protection, and mass torts.  The National Law Journal named him one of the 100 Most Influential Attorneys in America. Sarah Beltonjoined the Public Justice Oakland office in June 2013 as the first Cartwright-Baron Attorney. She was previously an Equal Justice Works fellow and a staff attorney at Legal Services for Children in San Francisco, California.

Report Back from Dhaka, Bangladesh Protecting Bangladesh Garment Workers from Factory Fires and Building Collapses with Garrett Brown, MPH, CIH. Brown worked for Cal/OSHA for 20 years as a compliance officer and Headquarters staff, and is now full-time volunteer Coordinator of the Maquiladora Health & Safety Support Network.

Making a Killing: Philip Morris, Kraft and Global Tobacco Addiction with discussion by Ted Pelletier This half-hour film shows how the tobacco giant uses its political power, size and marketing skill to spread tobacco addiction internationally, leaving in its wake a trail of death and disease. Pelletier, Of Counsel to the firm, earlier in his career handled the first two appeals v. Philip Morris and RJ Reynolds in California, and will share some litigation-specific stories of those cases and how they played a part in cracking Tobacco’s long-asserted lack of liability.

Those Who Know Don’t Tell A powerful documentary about the history of the struggle to rid the workplace of occupational hazards, including asbestos.

Kazan Law Foundation Honored by Lend a Hand Foundation

Kazan Law FoundationThe success of our asbestos law firm compels us to reach out and try to help meet the needs of the vibrant diverse community around us. The Kazan Law Foundation was formed in 1994, and over the years has disbursed over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research.

Recently our Foundation was recognized by Oakland’s Lend a Hand Foundation for our contribution to their efforts. At their annual ceremony, the Green and White Ball, featuring legendary percussionist Pete Escovedo , we were honored to receive a certificate of special Congressional recognition from Congresswoman Barbara Lee as well as certificates of commendation from the California State Assembly and the Alameda County Board of Supervisors for our donations to the Lend a Hand Foundation.

But we chose to donate to the Lend a Hand Foundation not to receive recognition but because we support their mission. And that mission is to enhance the quality of life of less fortunate youth with a special focus on kids residing in transitional housing facilities and others at a disadvantage. Lend a Hand tries to give these kids the opportunity to experience educational, cultural and other activities not otherwise available to them.

In Alameda County, according to the Lend a Hand Foundation there are over 6,000 students identified as homeless. This includes students living in shelters, transitional housing, hotels/motels, or living doubled up with other friends or families because they lost their housing. The Lend a Hand Foundation’s efforts to help these kids includes a Stay in School Program, Annual Back to School Giveaway providing school supplies to more than 10,000 kids and scholarship funds for graduating high school seniors.

Meet Kazan Law’s 2014 Summer Asbestos Law Clerks

2014 asbestos law clerks

Clockwise from top left–Christina Bazak, Anthony Caruthers II, Yuki Cruse, Luis Landeros, Denise Smith, Tenette Smith

Here at Kazan Law our historic focus on asbestos law sets us apart from many other law firms. But as a law firm, we also share certain basic characteristics with other law firms across the country. One is that we proudly sponsor a robust summer law clerk program.

The Kazan, McClain, Satterley & Greenwood Summer Law Clerk Program offers law students the opportunity to gain experience in a plaintiff’s asbestos law practice.  Our summer clerks are fully integrated into the work and life of the firm, with the goal of giving them a realistic view of the rewards and demands of a plaintiff’s practice. Summer law clerks are afforded the opportunity to work with many of our attorneys in a collegial atmosphere, as we prepare and try mesothelioma cases.  Upon graduation from law school, former summer law clerks are given consideration in our hiring process; many current Kazan law attorneys began their careers with the firm as summer law clerks. The list includes:

As summer law clerks here, law students get the invaluable chance to learn by doing. Instead of listening to law professors, taking notes and reading text books, these young people get to do real world law firm tasks such as:

  • Helping draft parts of motions
  • Attending court hearings
  • Assisting in trial preparation
  • Writing legal memorandum
  • Fact checking legal documents

In keeping with the needs of our community and the population we serve, our summer clerks reflect the diverse spectrum of America today. We consider it a duty and a privilege to help educate these bright young future lawyers about truly balancing the scales of justice in the plight of those unlawfully exposed to asbestos by greedy powerful businesses.

Meet our 2014 summer asbestos law clerks:

Christina Bazak is a third year law student at Loyola Marymount University Law School in Los Angeles. She has previous experience working for a judge and a U.S. Senator.

Anthony Caruthers II is a third year law student at the University Of San Francisco School Of Law who takes time from his studies to mentor, coach and tutor at risk youth.

Yuki Cruse is a third year law student at the University Of San Francisco School Of Law who has experience in drafting memoranda for a judge. She is proficient in Japanese.

Luis Landeros is a third year law student at the University of California, Berkeley, School of Law. He earned his undergraduate degree at Stanford University and is active in outreach efforts to help Latino students.

Denise Smith returns to Kazan Law for a second summer. She is a third year law student at the University of California, Hastings College of Law and volunteers in youth outreach and environmental efforts.

Tenette Smith is a third year law student at the University of San Francisco School of Law. A 2013 Broussard Scholar, she has worked for the Public Defender’s Office in Little Rock, Arkansas and the Superior Court of California, County of San Diego as a court operations clerk. She volunteers for local legal aid groups.

How Much Money Can You Receive From an Asbestos Lawsuit?

asbestos lawsuitNobody initiates a lawsuit unless they think they will obtain some money from it and an asbestos lawsuit is no different. In fact, because of the irrevocable harm done to you from wrongful asbestos exposure and the devastating consequences of developing an asbestos-caused illness like mesothelioma, the stakes in an asbestos lawsuit can be higher than most.

Standard of proof
Asbestos lawsuits are civil cases not criminal cases even though you may feel that what was done to you was criminal. In most civil cases, as described in a California courts website, the judge or jury has to make a decision about which side wins based on a standard called “preponderance of the evidence.” This means that, if the case is decided in your favor, your side of the story is more likely true than not. It does not mean that one side brought in more evidence than the other side. It means that one side’s evidence was more believable than the other’s.

In some cases, the standard for reaching a decision is “clear and convincing evidence.” This means that, for the decision to be made in your favor, you have to prove that your version of the facts is highly probably or reasonably certain, or “substantially more likely than not.”

How large a settlement or judgment can you expect to be awarded?

How much money you might be awarded in an asbestos lawsuit depends on many factors, such as the medical evidence that confirms your diagnosis, how seriously you have been injured, your actual and potential losses, the identification of the asbestos products that you were exposed to, the companies that made these products, and their financial resources. With all the variables, it is impossible to answer this question with specific amounts without knowing more about your potential claim, and you should be suspicious of any lawyer who tells you “how much” on your first meeting.

I can’t speak for other mesothelioma law firms but at Kazan Law, we do not take a case unless we believe the facts are strongly in your favor. Because of our strong track record, most of our cases get settled entirely out of court.

We keep our clients’ settlement amounts confidential to protect their privacy. Defendants who pay our clients prefer confidentiality because if word got out other plaintiff lawyers would try to get as much as we do and then the defendants would not have as much cash with which to pay our next client!

Verdicts are a matter of public record. In recent years, several of our clients have received significant verdict awards ranging from about $5 million to $27 million. For specific amounts on trial verdicts and appellate decisions you can refer to our website.

Asbestos Victim Wins a Landmark Case

asbestos victimAsbestos victim Robert Alan Speake was “in frail health and breathing with difficulty,” according to the December 1, 1981 article in the San Francisco Chronicle.   But he stood up for his day in court, a day that marked a major change in the tragic history of asbestos victims and the businesses and individuals who exploited their innocence for financial gain.

As ill as he was on that day, Speake stood up on behalf of not only himself but all asbestos victims. And standing with him there in Contra Costa County Superior Court on that day was me. I would go on to fight on behalf of asbestos victims for the next several decades – a fight I continue to this day. But on that day in 1981, we were breaking new legal ground.

I was helping to represent Speake in his lawsuit against the giant Johns-Manville Corp. family of companies which he blamed for his fatal illness.

Speake , 66 at the time, was an asbestos worker for 33 years at Johns-Manville’s Pittsburg plant. We maintained that the executives knew of the health hazards of working with asbestos as early as the 1930s but hid the information from their employees. Bob said they never told him anything and I believed him.

Speake, who had to take early retirement because of his declining health, was suffering from asbestosis, a disease of the lungs, caused by his work environment. Johns-Manville’s lawyers tried to blame the victim and claimed his illness was caused by smoking.

I didn’t buy that. The article quotes me as saying that Johns-Manville acted in “willful and conscious disregard” by never telling workers of the dangers.

“Bob Speake should have had the opportunity to say, I’m going to get out of here and get a safe job, before his health began to deteriorate,” I told the court.

I showed evidence revealing that the company had kept secret the results of X-rays and exams showing signs of asbestos-caused damage in Speake as early as the 1950s.

I sought not only lost pay for Speake, but also substantial punitive damages to make an example of Johns-Manville so others would be spared the fate that was Bob Speake’s.

We succeeded in making an example of Johns-Manville. Their name came to be synonymous with the scandal of asbestos exposure and callous disregard for human life. They went into bankruptcy several months later, right before our next group of mesothelioma lawsuits for their plant workers was set for trial. But we did not succeed in sparing others from Bob Speake’s fate. Greed never learns its lesson. And so we continue to fight on behalf of asbestos victims.

All the Information You Need to Start Your Asbestos Lawsuit

asbestos lawsuitWhen you want to file an asbestos lawsuit and are suffering from asbestos-caused illness, time is of the essence.

If you have been diagnosed with mesothelioma as the result of working with asbestos or living with someone who worked with asbestos, you’ve got a strong chance of winning a large sum of money in damages in an asbestos lawsuit. You will need an experienced asbestos attorney to help you sue the companies that manufactured or installed the asbestos materials you handled.

To help you win your asbestos lawsuit as quickly as possible, even the best attorney needs key information that only you can provide. Pulling together this information ahead of time will enable your attorney to move swiftly on your behalf.

Medical Information

You need to provide concrete evidence that you are suffering from mesothelioma so be prepared to provide the:

  • Date and place of your diagnosis
  • Name and phone number of the physician who diagnosed you
  • List of specific treatments and medications prescribed for you and how much you have had to pay out-of-pocket for these.

Work History

Your attorney also needs to prove that you developed mesothelioma because you or someone in your family was exposed to asbestos at work. Be prepared to provide:

  • The name of the company or companies you worked for. If any company has been sold to another company, try to find out that name, too.
  • The dates you worked for each company – when you started and when you stopped. Try to find and make copies of tax returns or W2 forms that support those dates.
  • The names of products and materials you handled as part of your job.
  • Your job title and specific job duties and job site locations.

Official Documents to Bring to Your Attorney:

  • Marriage, death, birth certificates
  • Health insurance cards, Medicare cards
  • Official Will or Trust Agreement
  • Personal representative papers, or Executor papers
  • Pathology report, chest X-ray reports, CT-chest reports
  • Social Security records (detailed earnings with employer names)
  • Job resumes or job summary/timeline
  • Military: DD214, other documents
  • If prior asbestos litigation: attorney correspondence, settlement correspondence, settlement checks/stubs, complaint.
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