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Posts by: Steven Kazan

Asbestos Exposure Risk Places Construction Work #2 Among “The 5 Jobs Most Likely to Make You Sick”

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asbestos exposureAsbestos exposure often is thought of as something from the past. The average age for a diagnosed victim of mesothelioma, the malignant lung cancer caused by asbestos exposure, is 60 years old. And for those diagnosed with mesothelioma, their asbestos exposure did occur in the past because asbestos symptoms do not show up for 20 to 50 years afterwards.

But the truth is asbestos exposure continues to be a serious problem. Because of asbestos exposure, Men’s Health magazine, in a new article reprinted on the Fox News website, rated construction work as second among “The 5 Jobs Most Likely to Make You Sick”:

#2: Construction workers

“Falling objects and machines that turn digits into stumps aren’t the only on-site dangers. Roughly 1.3 million construction workers are currently exposed to asbestos, according to the American Lung Association. Small fibers of asbestos build up in your lungs over time, causing scarring that can stiffen your breathers–a condition called asbestosis. Asbestosis and malignant mesothelioma–a fatal cancer also caused by asbestos–can take decades to develop after you’ve been exposed to the toxin. If you’ve worked in construction, talk to your doctor about whether you should receive a lung cancer screening, which can also detect these conditions”.

Buildings and homes all over the US still contain hazardous asbestos materials. According to the US Consumer Product Safety Commission, these are the construction materials that contain asbestos:

  • Steam pipes, boilers, and furnace ducts insulated with an asbestos blanket or asbestos paper tape. These materials may release asbestos fibers if damaged, repaired, or removed improperly.
  • Resilient floor tiles (vinyl asbestos, asphalt, and rubber), the backing on vinyl sheet flooring, and adhesives used for installing floor tile. Sanding tiles can release fibers. So may scraping or sanding the backing of sheet flooring during removal.
  • Cement sheet, millboard, and paper used as insulation around furnaces and wood-burning stoves. Repairing or removing appliances may release asbestos fibers. So may cutting, tearing, sanding, drilling, or sawing insulation.
  • Door gaskets in furnaces, wood stoves, and coal stoves. Worn seals can release asbestos fibers during use.
  • Soundproofing or decorative material sprayed on walls and ceilings. Loose, crumbly, or water-damaged material may release fibers. So will sanding, drilling, or scraping the material.
  • Patching and joint compounds for walls and ceilings, and textured paints. Sanding, scraping, or drilling these surfaces may release asbestos.
  • Asbestos cement roofing, shingles, and siding. These products are likely to release asbestos fibers if sawed, drilled, or cut.

Kazan Law Firm Foundation Ranks Among Top Donors for Season of Sharing Fund

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Season of SharingAs attorneys who specialize in asbestos cases, we work daily with clients facing enormous tragedies due to circumstances beyond their control.  Most of these people are coping with malignant mesothelioma brought on by work-related asbestos exposure and because of this our firm’s foundation makes it a priority to donate to mesothelioma research.  But our exposure to tragedy and how adverse circumstances beyond people’s ability to control can have a corrosive effect on their lives as well as the lives of their families – especially young dependent children – motivates us to reach out to all those who need help.

One of the best ways we have found for our firm’s foundation to donate to those in need in the community at large is through the annual Season of Sharing Fund.  Although the Season of Sharing fund drive occurs primarily during the December holiday season, its impact on making a difference in the lives of those around us reverberates throughout the year.

This year the Season of Sharing fund campaign total for 2013-2014 reached $7,100,649.  When I recently reviewed the fund campaign online report, I was proud to note that Kazan Law is one of only two law firms in the Leadership Circle of major donors.

We choose to donate to the Season of Sharing because:

  • Through a network of more than 120 community service agencies, the Fund works to identify families in need and provide short-term, critical assistance grants.
  • All of the Fund’s administrative expenses are covered by the Evelyn and Walter Haas, Jr. Fund and the San Francisco Chronicle. So 100 percent of the money raised goes directly to help the recipients.
  • The Fund helps families in many ways, such as paying the rent so they can stay in their home, covering a security deposit so they can transition out of a homeless shelter, or buying a wheelchair or other essential medical equipment that they couldn’t otherwise afford. The Fund supports food banks and distributes nearly $1 million each year to assist individuals and families who might otherwise go hungry.

International Group Calls for Total Ban of Asbestos to End Asbestos-Related Deaths

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asbestos-related deathsAsbestos-related deaths are preventable. That is part of why asbestos-related deaths are especially tragic and inspire the work we do at Kazan Law as asbestos attorneys. But asbestos-related deaths continue to occur because uncaring people place profits before human lives.  My unrelenting concern about this inspired my sister Laurie Kazan-Allen to also become involved in the fight against asbestos in Europe where she lives. I am proud of the fact that she heads the International Ban Asbestos Secretariat (IBAS).

Just recently she told me about a high level international asbestos conference in Finland. The International Conference on Monitoring and Surveillance of Asbestos-Related Diseases gave rise to a new call on the part of the global health leaders in attendance to end asbestos-related deaths. To achieve this they acknowledged the need for a complete global asbestos ban. They put their unanimous agreement into a formal document called The Helsinki Declaration.

Speaking on behalf of the Finnish Institute of Occupational Health, as reported by IBAS, the conference organizer, Dr. Panu Oksa said, “There is no safe use of asbestos.” Dr. Ken Takahashi, from Japan’s University of Occupational and Environmental Health, stated, “Asbestos-related deaths are preventable by banning the use of asbestos, as WHO recommends.” An increase in asbestos-related deaths is being observed in developing countries where knowledge is lacking about the hazards of exposure.

The conference consensus report Asbestos, Asbestosis and Cancer: Helsinki Criteria for Diagnosis and Attribution 2014 includes these facts:

  • 2 million tons of asbestos per year is exported for use in products such as cement and insulation
  • 125 million workers are exposed to asbestos every year
  • Asbestos even at low doses is a known human carcinogen
  • There are 107,000 asbestos-related deaths worldwide every year
  • 55 countries have banned the use of new asbestos
  • The financial impact of asbestos use is negative for companies and economies when health costs are considered
  • Asbestos in existing buildings in countries that have banned asbestos and the continued use of asbestos in countries that haven’t banned asbestos, means that asbestos-related deaths and illness will continue into the second half of the 21st century

It is significant that independent world experts and authorities have again reviewed all available evidence and concluded all types of asbestos are deadly, prevention of exposures is crucial, and the world needs a total ban on continued use, mining, manufacture, export/import and sale of raw asbestos and products made with it. Only the asbestos mining industry, concentrated in Russia and its paid supporters disagree.

Successful Kazan Law Asbestos Wrongful Death Case Highlighted in Prestigious VerdictSearch

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asbestos wrongful death

Emily and Gordon Bankhead

Here at Kazan Law, when we win a wrongful death asbestos case for our clients we see it primarily as a win for an individual family who has suffered an immense tragic loss. But we also see it as a potential win for all asbestos cases.  Although every asbestos case is unique, they all share some essential similar components. In this way a successful verdict in one asbestos case strengthens the chance that other asbestos cases will also be successful and result in substantial financial compensation for the victims of malicious asbestos exposure.

We are pleased that Kazan Law’s recent successful verdict in an asbestos wrongful death suit for the family of deceased victim Gordon Bankhead was chosen to be featured in the most recent edition of VerdictSearch. In this way, the experience, knowledge and hard work of Kazan Law partner David McClain and the rest of the team in this asbestos wrongful death case will be amplified and provide support for future asbestos cases.

VerdictSearch is the leading provider of verdict and settlement information. It is a legal research tool that searches a comprehensive database of all verdicts and settlements in the U.S. In addition to being a database, for the the legal profession and insurance industry, VerdictSearch is used as reference by publications that include The New York Times and The National Law Journal.

VerdictSearch’s California edition summary of the Bankhead asbestos wrongful death case and the jury awards to our clients states, “The jury found that the amount of damages suffered by the decedent’s family totaled $11 million, which included $6 million the decedent’s wife’s damages, and $2.5 million to daughter(s). Since Pneumo Abex was found 30 percent at fault in the personal injury lawsuit, it will have to pay $3.3 million, not including costs and interest.”

We are proud that our success in winning the Bankhead family’s asbestos wrongful death case was chosen to be part of this important law verdict database so it will resonate for years to come.

Kazan Law First to Support Upcoming iMig 2014 Conference for Mesothelioma Research

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iMig 2014 Cape TownMesothelioma research, like all scientific research, does not happen without funds. Although funds for mesothelioma research come from government agencies, universities and hospitals, it is no secret that money from private sources helps get the ball rolling either through funding the grant application process, additional staff positions, purchasing state-of-the-art equipment or helping to support conferences where researchers from all over the world can sit together and really discuss ideas.

That’s why our firm Kazan, McClain, Satterley & Greenwood, A Professional Corporation is proud to be the first law firm to step up and provide substantial financial support for the upcoming 12th biannual International Conference of the International Mesothelioma Interest Group. (iMig)

We are pleased to continue to sponsor the International Mesothelioma Interest Group (iMig 2014) when it convenes in Capetown, South Africa this October, just as we did in Boston in 2012, Kyoto in 2010, Amsterdam in 2008 and Chicago in 2006.

Recently, our support for iMig has grown beyond our role as a sponsor. We were honored that four abstracts from Kazan Law were chosen for poster presentation at iMig’s 2012 Boston conference.  Ours were the only papers out of hundreds submitted for presentation that were submitted by attorneys.  The information we presented was based on 20 years of experience with asbestos trust funds and 40 years representing asbestos victims. As we focus on the fight for justice for each of our clients, the entirety of our discoveries in this process brings to light implications which we believe are of benefit to the greater good of all mesothelioma cases. It was a privilege to share them.  You can see a three-minute video of me explaining their significance here.

iMig is comprised of independent international scientists and clinicians with the mission of working to understand, cure and prevent mesothelioma.  The iMig conference is one of the most important meetings where scientific information on finding greater treatment solutions for mesothelioma is presented and discussed. Because we want to see an end to the suffering caused by mesothelioma, our firm has been a generous supporter for years. Our commitment to this cause and this conference is unwavering. We give substantially and we give early.

Why Choosing an Asbestos Attorney is the Most Important Financial Decision You’ll Ever Make

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asbestos attorneyLast summer I received an honor from Kazan Law client Debbie Clemmons, who lost her beloved husband Randy Clemmons to mesothelioma. She honored me by asking me to write a chapter for her new book about her family’s experience with mesothelioma, “In His Grace, Grappling with Mesothelioma: The Randy Brady Story”, available on Amazon . And she kindly credits me as a co-author.  Now I am going to honor Debbie and Randy Clemmons by sharing with you the information she prompted me to write.

Selecting an asbestos attorney to represent you and your family is the most important financial decision you will ever make.

It is a more important decision than even buying a home.  Your home could potentially yield you a couple of hundred thousand dollars in return on investment if property values skyrocket in your neighborhood.  But an asbestos case properly handled by a top quality asbestos attorney from a reputable firm that specializes in asbestos can be worth millions to you and your family.

Money cannot replace a person.  But money can prevent additional unnecessary suffering on the part of the family by paying the bills. It also helps give you and your family a sense of justice.  A great harm was done to you and a good asbestos attorney can make sure that those responsible are held accountable, and that the family’s financial security is guaranteed.

Your medical care expenses and the loss of earnings can be compensated with substantial settlements if you choose your asbestos attorney carefully.  But what’s more, you could potentially – as many of my firm’s clients choose to do – set aside a portion of the money you receive for mesothelioma medical research, and we will be honored to contribute to that effort through our firm’s charitable foundation.

You could support a charitable trust to help fund medical research seeking to find a cure and better treatment for mesothelioma.  You could help create a future where possibly no one will suffer from the debilitating effects and losses of this disease.  This would be money that would never go towards this important cause unless someone like you puts it there.  And this would only be possible if you work with an asbestos attorney who is experienced and willing to fight for you every inch of the way, not just take the easy way out and settle for a minimal amount.

Again, this is the most crucial financial decision you will ever make in your life. Getting it wrong could harm your chance of providing your family with financial security for after you’re gone.

Four Ways the Affordable Care Act Can Help With Mesothelioma Treatment

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Affordable Care ActIf you need mesothelioma treatment, the Affordable Care Act may be a way to help you get the care you need now and for the future.  Unless of course, the foes of providing health care for all Americans succeed in taking it away.

As of this writing, the Affordable Care Act also known as the ACA, still stands.  (It is also known as Obamacare because President Obama has become so identified with his firm support for this measure.)  So if you are in need of mesothelioma treatment, the ACA may offer the best way for you to get it.

But you need to get going.  According to the federal government’s own website HealthCare.gov you need to enroll by February 15 for coverage starting March 1.  Also:

  • Open enrollment ends March 31.
  • If you haven’t enrolled in coverage by then, you generally can’t buy health coverage until the next open enrollment period for coverage the following year.
  • If you don’t have health coverage during 2014, you may have to pay a penalty.

Here are four reasons from the American Cancer Society why the Affordable Care Act can help you with mesothelioma treatment:

1) More cancer survivors can now get care – The program provides immediate access to coverage for people in every state who have been uninsured for six months or more and have cancer or another pre-existing condition.

2) No more “doughnut holes” – The ACA is finally closing the Medicare Part D “doughnut hole”.  Immediately after enactment, the law provided a $250 rebate to seniors who hit the coverage gap in Medicare’s prescription drug program.  In addition, Medicare beneficiaries will receive discounts on brand-name drugs next year.

3) The well won’t run dry – Health plans will be banned from setting lifetime dollar limits on coverage, ensuring that people with cancer have access to needed care throughout their lifetimes. Annual dollar limits on coverage will be tightly restricted for most plans and will be eliminated altogether in 2014. Patients will no longer have to put off treatments waiting for the new plan year to start.

4) In sickness and in health – Just like marriage, your health plan now takes a vow to you when they take your business.  As of this week, health insurers will be barred from dropping people from coverage when they get sick.  In other words, you can’t lose your insurance for developing mesothelioma.

Major reforms to health care can seem confusing and even overwhelming. The American Cancer Society has a staff of trained experts available to answer questions 24 hours a day at 800.227.2345. Also check the government’s website for help and sign-up information.

The debate on reforming health care is far from over, but these four real-world benefits alone can have a positive impact on mesothelioma patients, bringing us all one big step closer to access to affordable,  health care for all Americans.

Coping With Asbestos Exposure: Advice to the Residents of Libby, Montana

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asbestos exposureHarmful asbestos exposure from a now-closed vermiculite mining operation has caused the rural town of Libby, Montana to become a major crisis in both public and environmental health in the U.S.

On November 18, 1999, writer Andrew Schneider of the Seattle Post-Intelligencer broke the story revealing there had been hundreds of illnesses and deaths in Libby over the past 70 years resulting from asbestos exposure associated with Libby’s vermiculite mining and milling operations.  In 2002 Libby was added to the federal Environmental Protection Agency’s “National Priorities List.”

At first investigators assumed that those sickened were all workers at the nearby mine. But the illnesses weren’t appearing only in mine workers. Family members were stricken, too, as were residents of the town who had nothing to do with the mining business.

Investigations by alarmed government agencies — including the E.P.A, the Geological Survey and the National Institute of Environmental Health Sciences — established that miners brought asbestos fibers back to town with them on clothes, vehicles and other possessions.  Residents, including children, not associated with mining also received asbestos exposure because the mining companies had provided  vermiculite for the construction of ball fields, school running tracks, playgrounds, public buildings and facilities, as well as for private gardens and house and business insulation. The crisis in Libby suggested to researchers that people were being sickened by far smaller exposures than had been thought to cause harm.

Intensive clean-up efforts by E.P.A. are ongoing and research efforts are underway to explore asbestos exposure and disease development in Libby.  E.P.A. has set up websites to help Libby residents cope with asbestos exposure.  Here is their advice:

If you suspect you have a significant exposure to asbestos, there are some things you should do:

  1. Stop on-going exposures.
  2. Stop exposure to tobacco smoke.
  3. Get regular health checkups.
  4. Get prompt medical attention for any respiratory illness to prevent infections that can attack weakened lungs.

See Your Doctor

Individuals exposed to asbestos should inform their doctor of their history and any symptoms. An exam, including a chest x-ray and a lung function test, may be recommended.

Symptoms may not become apparent until long after exposure. If you have any of the following symptoms, you should consult your doctor without delay:

  • Shortness of breath.
  • A cough or a change in cough pattern.
  • Blood in the fluid coughed up
  • Pain in the chest or abdomen.
  • Difficulty in swallowing or prolonged hoarseness.
  • Significant weight loss.

Asbestos Industry Affiliation Gets Scientist Rejected As Possible Head of French Public Health Agency

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asbestos industryIf you’ve been exposed to asbestos, that means that you’ve been lied to. You were assured that the materials you were working with or the place where you worked or lived was safe.  You were not told that you were being exposed to asbestos which could cause you to develop a fatal disease called mesothelioma or other cancer.

If you’ve been exposed to asbestos, you understand the importance of knowing the truth.  Truth is a golden thread woven into all that we hold dear. Without truth, justice would perish from the earth. Truth is the basis of all law.

So I am pleased to report that in an important scientific matter that involved the potential falsification of public health policy by asbestos interests, truth has prevailed.

A prominent European scientist Dr. Paolo Boffetta  who was on track to become the next head of France’s leading epidemiology institute, the Centre for Research in Epidemiology and Population Health (CESP) has been asked to withdraw his candidacy for that position.  Why?  Because he reportedly took bribes from the asbestos industry to not tell the truth.

Boffetta is alleged to have been paid by an Italian asbestos company to help it defeat charges of criminal negligence, causing the deaths of a dozen workers who died from mesothelioma after being exposed to asbestos used at the company’s  factory in Italy.

At the same time, Boffetta co-authored a scientific article concluding that , “… that the mesothelioma-producing potential of chrysotile is low and thus the number of mesothelioma deaths will be too unstable to be used to estimate the lung cancers caused by it.”  Boffetta  declared  he had no conflict of interest. Yet  Boffetta  apparently intended to use the article as evidence to help the asbestos industry avoid blame.

Boffetta’s corruption was the subject of investigative reporting by Le Monde, France’s leading newspaper and Boffetta’s defense of asbestos in his scientific journal article was severely criticized by scientists for putting forward inaccurate and misleading information to serve the interests of the asbestos industry.

“When scientists sell their integrity to become highly paid consultants for toxic industries, they become a threat to science and a danger to the health of people and the environment,” observed international anti-asbestos activist Kathleen Ruff.

The National Institute for Health & Medical Research (INSERM) and the University of Paris-Sud, who are responsible for appointing the CESP Director, required Boffetta to withdraw his candidature.  The appointment process was very far advanced. Boffetta was the only candidate being considered and the appointment was expected to be shortly confirmed.

That Boffetta was even considered for this important health policy post is an outrage. But thankfully at this point the public’s best interest and the truth have prevailed.

Outraged Scientists Protest Asbestos Industry Influence

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asbestos industryHere at Kazan Law, we obtain justice for our clients who have been exposed to asbestos and have developed mesothelioma. Just last week we again were able to win a big verdict for clients against a big corporation called Pneumo Abex. We win against the asbestos industry because we are good at what we do and have decades of experience. But we are able to successfully argue our case and obtain justice because there are law recognizes the dangers that occur when corporation  knowingly expose people to asbestos. These legal rules are made based on scrupulous and thorough scientific research proving the link between asbestos exposure and the development of malignant mesothelioma and asbestosis.

But what if the asbestos industry was able to bribe scientists to publish research falsely claiming that asbestos did not cause harm?  And what if these false research articles denying the harmful effects of asbestos for corporate profit became the basis for weakening the laws against asbestos exposure and blocking criminal convictions against corporate offenders?  What if the asbestos industry could call the shots?

This is what seems to be what is happening in Europe.  You may think, oh Europe, that’s not the U.S. so who cares?  But we need to be vigilant and watch very carefully what happens there.  Because today more than ever, corporations are multinational entities.  So are scientific journals. Influential medical research articles published in Europe or other countries can become the basis for changes in medical issues here.

So it is with keen interest we note a letter of outraged protest against the asbestos industry from over 130 scientists, health advocates and organizations to the European Cancer Prevention Organization.  The letter charges that there are serious scientific and ethical improprieties in an article on asbestos published by the organization’s official scientific journal, the European Journal of Cancer Prevention .

The letter calls for the termination of Dr. Carlo La Vecchia as an associate editor of the journal and a member of the organization’s International Advisory Board. Dr. La Vecchia co-authored the article in question with Dr. Paolo Boffetta.  Both men co-own a consulting company that provides services for asbestos companies trying to beat criminal charges for causing the deaths of their employees from mesothelioma.

We are dismayed that pseudo-scientific stooges for asbestos interests have been able to get this far and hope for all of our sakes that this courageous letter is heeded.

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