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

Posts by: Steven Kazan

Kazan Law Gives Back Through the Chronicle Season of Sharing Fund

Season of SharingAt Kazan Law we believe in giving back. In fact, our firm has its own foundation set up for that purpose. Over the last 20 years we have given over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research. This is one way we are giving back to the community of mesothelioma patients and families whose rights we fight for as asbestos litigation attorneys.

But we also believe in giving back to the community our law practice calls home as well as communities all across the US by supporting programs that help provide relief to the poor, distressed or under-privileged everywhere.

At this special time of year as we gather together in our homes to give thanks for our blessings, we at Kazan Law are especially touched by the poignant needs of those who struggle daily with securing for themselves and their families that basic of all human comforts – a home.

A home is an important cornerstone to a person’s wellbeing every day of the year but home takes on special significance at the holiday season. That is why to honor the holiday season we are giving back by donating $20,000 to a special organization called the Chronicle Season of Sharing Fund.

The Chronicle Season of Sharing Fund provides temporary assistance to help people living in Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties. Over the last 27 years, the Chronicle Season of Sharing Fund has distributed more than $91 million to help individuals and families in need. Please take a moment and read some of the heartwarming stories about how people have been helped.

It is important to understand that vulnerable individuals and families may be facing loss of their home simply because of the changes rapidly occurring around us here in the Bay Area.

“As the center of the technology industry has moved north from Silicon Valley and the money from tech companies has flowed into the city, income disparities have widened sharply, housing prices have soared and orange construction cranes dot the skyline,” the New York Times reported about our region just this week. “More and more longtime residents are being forced out as landlords and speculators race to capitalize on the money stream.”

While the tech boom has enriched our region in many ways, it has also exacerbated the threat of homelessness for those all ready coping with life challenges. We are proud to support the Season of Sharing Fund campaign.

Asbestos Exposure Continues to be a Danger

asbestos exposure Asbestos exposure still persists as a health threat.  Not just in third world countries with lax rules for hazardous materials but also in highly regulated countries like the United States and Canada.  Those of us involved in asbestos victims’ advocacy are so acutely aware of the continued pervasiveness of asbestos exposure that it always comes as kind of a shock when people seem oblivious to it.

But still I was very surprised when I came across this opening sentence in a recent scientific article about  asbestos exposure:  Asbestos describes a group of naturally occurring silicate mineral fibers that were frequently used in industry during the 20th century due to their desirable flame retardant and tensile properties.

Although the article goes on to clarify that asbestos exposure continues and “the burden of disease is considerable,” the opening sentence sets a misleading tone that unfortunately all too many people hold to be the truth.  In my decades of experience as an asbestos litigation attorney, I continue to be amazed by how the overwhelming majority of Americans believe that asbestos exposure is a thing of the past. This is certainly not the case.

According to the Centers for Disease Control’s Toxic Substances and Disease Registry, asbestos in the US today is still used in

The assumption that asbestos is now mostly a historical problem affecting only people who worked in construction and other industrial trades is a dangerous one to make.  According to some estimates the global trade in asbestos may have increased by as much as 20 percent last year with global exports said to have increased from 1,081,885 tons in 2011 to 1,327,592 tons in 2012. Russia is said to now be the world’s leading exporter of asbestos.

Although asbestos becomes dangerous only when disturbed or damaged, it is naive to presume that the products it is currently approved for use in here in the U.S. will remain intact and never break down.  When asbestos breaks down, bad things happen.  Dust and fibers released can find their way into the lungs if inhaled.  The resulting damage can take decades to emerge.  When it does emerge as mesothelioma it is a death sentence.  In the future we may see more cases of mesothelioma in people who were exposed without their knowledge and without working in occupations typically associated with asbestos-related diseases.

Asbestos Activist Laurie Kazan-Allen Receives England’s Robert Tressell Award

Laurie Kazan-AllenHelping those exposed to asbestos achieve justice is what we do at Kazan Law. I take great pride in having founded this firm and in our victories in this area.  But I also take great pride in personally introducing a leading asbestos activist to the struggle against asbestos exposure which set her on a path to help protect people around the world from its fatal consequences. She happens to be my sister Laurie Kazan-Allen.

Lest you think that it is only familial pride that prompts me to talk about my sister, I am pleased to tell you that she has just received the United Kingdom’s Construction Safety Campaign’s distinguished Robert Tressell award for her work as an asbestos activist.

The Robert Tressell Award is given to an individual who has provided outstanding service and commitment to workers in the UK by campaigning for safe working environments and assisting those who have been harmed or are suffering from occupation-related diseases.

According to official sources, Laurie received her award for “her global campaign against asbestos, her editorship of the British Asbestos Newsletter and her galvanizing of campaigners globally to one day deliver an asbestos-free world for the future generations of mankind.” “I am,” she said “honored by this recognition from construction workers, a group with one of the highest rates of asbestos-related disease. The CSC and its members are fully aware of the ongoing risks posed by occupational asbestos exposure and have played a frontline role in the campaign for asbestos justice in the UK and abroad.”

In addition to publishing the British Asbestos Newsletter, a periodical widely acknowledged as the authoritative resource for the UK campaign for asbestos justice, Laurie has been involved as an asbestos activist for over 20 years on global anti-asbestos initiatives.

She leads The International Ban Asbestos Secretariat (IBAS), which helps coordinate international asbestos conferences and is actively involved in UK and international asbestos issues. The IBAS website reports on current asbestos developments as well as on IBAS initiatives and events. Laurie has also published several books and monographs on asbestos topics.

“It was a complete surprise,” Laurie said in an email telling me about her award, “But nevertheless, it is wonderful to be recognized by the trade unionists for the work I have done.”

Kazan Law Acclaimed As Guardian of Justice By Alameda County Bar Association

Guardians of Justice awareKazan Law, I am proud to tell you, is one of a handful of regional law firms just recognized by the Alameda County Bar Association as a 2013 Guardian of Justice.

The Guardians of Justice is a program that tries to make sure the scales of justice remain in balance. Economic inequality in the US is at an all-time high. Repercussions in the Bay Area are glaringly steep. The drop in public and private funding for legal services has left disadvantaged citizens on their own to navigate a complex and costly legal system without desperately needed resources and assistance.

A local nonprofit legal group called the Volunteer Legal Services Corporation (VLSC) stepped in and started the Guardians of Justice program as a way to try to give lawyers and law firms a chance to help those at risk who do not have the means to pay for legal representation.

Last year, with the funds they raised, the Guardians of Justice program helped more than 1,000 low-income and disadvantaged individuals get access to legal help they could not otherwise have afforded.

Kazan Law is proud to be part of the Guardians of Justice program.  Here are some of the services they provide:

  • Monthly clinics in the areas of family law, domestic violence, bankruptcy, debt collection defense, guardianship, immigration, and landlord-tenant disputes.
  • Pairing of clients with qualified pro bono attorneys who handle complex pro bono cases.
  • Training, mentoring and malpractice insurance to volunteer attorneys, paralegals, and law school graduates.

“As leaders in the legal community, we must ask ourselves what kind of justice system do we desire? Do we want to maintain a system only available to a select few, or do we wish to support one that protects all community members equally?” VLSC asks on its website.  At Kazan Law where we advocate for the rights of people exposed to asbestos through the negligence of often big and powerful interests, we clearly support a legal system that protects all community members equally.

Asbestos Activist is First Recipient of New International Award

Katheleen Ruff CR Award 2013

Dr. Barry Castleman with Kathleen Ruff

An asbestos activist has been chosen for the first ever activist award given by an international science group dedicated to helping to solve global occupational and environmental health problems.

The activist is Kathleen Ruff, a Canadian long-time asbestos industry critic and board member of Canada’s Rideau Institute, a non-profit public policy research organization.  Kathleen received the Canadian Public Health Association’s National Public Health Hero Award in 2011 for her advocacy to end Canada’s export of asbestos.

She has written extensively about Canada’s asbestos industry for GBAN, the e-newsletter of the Global Ban Asbestos Network. She also founded and coordinates a human rights news website called Right On Canada.  Her article “Exposé of the International Chrysotile Association” appeared in both publications.

“It is time for the immunity – enjoyed by the asbestos industry and its lobby groups for so many decades – to end,” she said.

We cited Kathleen’s high caliber investigative reporting recently when we told you here about an academic scientist accused of colluding with the asbestos industry to downplay health risks.

The controversy centered on the accuracy of the conclusions of research on asbestos miners by McGill University’s Prof. J.C. McDonald.  “Prof. McDonald’s research was reportedly financed with one million dollars by the Quebec Asbestos Mining Association (QAMA).” Kathleen boldly revealed.

Now at its annual meeting on October 25-26, the Collegium Ramazzini presented their first activist award to Kathleen for her relentless work in the global asbestos struggle.  American asbestos expert   Dr. Barry Castleman  gave the introductory remarks.

We at Kazan Law are pleased that an asbestos activist was the Collegium’s top priority for this new award and agree that Kathleen is a worthy recipient.  Her efforts in exposing both the dangers of asbestos and the corruption surrounding its continued permitted use both are in line with the Collegium’s mission.

The Collegium Ramazzini, headquartered in Italy, assesses present and future risks of injury and disease attributable to the workplace and the environment. It focuses especially on the identification of preventable risk factors.  Asbestos exposure certainly fits that bill.

Kazan Law Selected As Best Lawyers By Prestigious Peer Review Group

Mesothelioma Attorneys Kazan Law

 

 

 

 

 

 

For our mesothelioma law practice this is turning out to be a week of accolades.  I am proud to announce that Kazan, McClain, Satterley & Greenwood has been chosen as a top tier metropolitan law firm by the prestigious Best Lawyers organization. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide.

This newest honor for Kazan Law comes on the heels of finding out that we made the cut for the US Chamber of Commerce’s list of the 15 top asbestos litigation firms in the United States – with myself  plus Joseph Satterley and Justin Bosl singled out for special mention.

“A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers,” Best Lawyers’ website states. “For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.”

The lists of outstanding attorneys are compiled by peer-review surveys.  Tens of thousands of lawyers around the country are asked to confidentially evaluate their professional colleagues. Lawyers are not permitted to pay any fee to participate in these surveys or be included in the lists. If the votes for an attorney are positive enough to be included in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition.

Kazan Law was chosen by Best Lawyers in the categories of mass tort litigation and class action suits for plaintiffs.  These are cases when many plaintiffs, i.e. people who feel they have cause to believe they have been harmed and are bringing a lawsuit against those they believe caused the harm, group together to go up against one or several corporations. The corporations in these cases are the defendants who are defending themselves against charges of causing harm.  At Kazan Law we focus exclusively on asbestos lawsuits. Our attorneys have been important in winning precedent-setting rulings by the California Appellate and Supreme Courts. Kazan Law is consulted by and gives advice to over a thousand potential clients each year.

Kazan Law Makes U.S. Chamber of Commerce List for Top Plaintiff Asbestos Law Firms

kazan_satterley_bosl

From left, Steven Kazan, Joseph Satterley, Justin Bosl

I am delighted to tell you that our mesothelioma law firm just made the list of Top Plaintiffs’ Firms for Asbestos Litigation in a new list just published by the US Chamber of Commerce.   Only 15 law firms made the list out of the hundreds of firms across the country advertising themselves as asbestos attorneys.

Receiving a spot on this list is a double distinction because the U.S. Chamber of Commerce, headquartered in Washington D.C., traditionally sides with the defendants, the companies who are allegedly responsible for asbestos exposure and lobbies on their behalf. It has an adversarial relationship at best with firms who represent those suing for damages from asbestos-related illness.

So to be chosen as a worthy opponent by the U.S. Chamber is quite an honor.  And it’s an honor we’ve more than earned. Kazan Law has played a significant role in asbestos litigation for nearly four decades.

Kazan Law consistently makes lists for top US law firms including the prestigious Super Lawyers and the US News & World Report’s Best Lawyers list.  The U.S. Chamber’s list was published on October 13 by the U.S. Chamber Institute for Legal Reform.

I was personally named in the U.S. Chamber’s list of top asbestos litigators. In addition, two other Kazan Law partners are noted in the Chamber’s listing.  They are Joseph Satterley and Justin Bosl.  Satterley is a leading asbestos attorney whose own grandfather suffered from asbestosis, a potentially deadly disease caused by asbestos exposure.  Bosl became a partner at Kazan Law in January 2013. He first joined the firm as a law clerk in 2004 and accepted an associate position in 2006. He was named to the Top 40 Under 40 list by The National Trial Lawyers in 2012 and 2013.

I founded Kazan Law in 1974 and since then our firm has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma.  Our attorneys include pioneers in asbestos litigation and are among the most experienced mesothelioma lawyers in California.

But the fact that the top attorneys named for Kazan represent different age and experience level is a clear indication that Kazan Law is well positioned to be a top asbestos litigation firm for years to come.

“Safe” Cigarette Filters Found to Have Contained Deadly Asbestos Fibers

asbestos fibers cigarettesMost mesothelioma victims unknowingly inhaled deadly asbestos fibers into their lungs on their jobs, typically through materials used for building construction or auto parts.  Another large group of mesothelioma victims are family members who breathed in those asbestos fibers from clothing and other asbestos dust-covered items those who worked with asbestos brought into the home.

Now a new group of mesothelioma victims has emerged – people who smoked Kent cigarettes during the 1950s. Mesothelioma, a lethal lung disease, typically takes decades to produce symptoms signifying its malignant presence.

Kent cigarettes, produced by Lorillard Tobacco, had filters packed with deadly asbestos fibers. This was a selling point for the cigarettes touted as a safer alternative to other cigarettes by the company, according to a new article by FairWarning.org, a Los Angeles-based nonprofit investigative news organization focused on public health and safety issues, and published in the consumer advocate magazine Mother Jones.

“It’s hard to think of anything more reckless than adding a deadly carcinogen to a product that already causes cancer—and then bragging about the health benefits. Yet that’s precisely what Lorillard Tobacco did 60 years ago when it introduced Kent cigarettes, whose patented ‘Micronite” filter contained a particularly virulent form of asbestos,” the article states.

Lorillard allegedly added the filters to the cigarettes as a marketing gimmick, according to the article, to  relieve consumers’ fears of the harmful effects of tobacco and nicotine and keep them from quitting.  The harmful effects of smoking had just started to become public knowledge at that time.

The health benefits of the asbestos filter would prove false, but it  avoided the potential loss of millions of customers, according to the article.

Although it was already known that asbestos caused lung disease in miners and plant workers, the cigarette company reportedly banked on the reputation of asbestos as an effective filter material. It contracted with Hollingsworth & Vose to supply asbestos for the cigarette filter it called Micronite.

“What is ‘Micronite’?” one of its ads asked. “It’s a pure, dust-free, completely harmless material that is so safe, so effective, it actually is used to help filter the air in operating rooms of leading hospitals.”

Now six decades later, both companies face numerous lawsuits from former workers in its factories as well as former smokers who say they inhaled the asbestos fibers when they smoked. The company denies that enough asbestos fibers escaped from the filter to cause mesothelioma in smokers. But last month a Florida jury awarded $3.5 million in damages to a former Kent smoker with mesothelioma. In addition, Lorillard, based in Greensboro, NC, settled 90 cases in the last two years and has 60 more cases pending, according to its filings with the Securities and Exchange Commission.

If you’re a former Kent smoker with mesothelioma, please keep in mind that Kazan Law has a particular expertise in handling these types of cases and can handle them nationwide.

Mesothelioma Rates Double for Firefighters According to New Study

firefighter asbestos exposureFirefighter mesothelioma rates are twice that of the rest of the population according to a dramatic new study – the first ever of its kind.

The researchers said it was likely that the findings were associated with exposure to asbestos, and noted that this is the first study ever to identify higher rates of mesothelioma in U.S. firefighters.

What also makes the study important is that it analyzed cancers and cancer deaths through 2009 among 29,993 firefighters from the Chicago, Philadelphia, and San Francisco fire departments who were employed since 1950.  The large number of study subjects and the many years that they were tracked elevates the credibility and importance of the study; especially in light of the grim results.

The findings are consistent with earlier studies, but because this one followed a larger study population for a longer period of time, the results strengthen the scientific evidence for a relation between firefighting and cancer, the researchers said.

The National Institute for Occupational Safety and Health (NIOSH) led the study in collaboration with the National Cancer Institute and the University of California Davis. The results from the NIOSH researchers and their colleagues were reported on October 14 in the online edition of the international medical journal Occupational and Environmental Medicine, an offshoot of the cutting edge British Medical Journal.

Other types of cancer were also found to be elevated in this study of firefighters in the three U.S. cities. The researchers found that rates of cancers of the respiratory, digestive, and urinary systems were higher in the firefighters than in the U.S. population as a whole.

Firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer. These contaminants include combustion byproducts such as benzene and formaldehyde, and materials in debris such as asbestos from older structures.  These materials may be inert under normal conditions but break down and are released when structures collapse during a fire.

The findings of the new study do not address other cancer risk factors, such as smoking, diet and alcohol consumption, NIOSH pointed out, according to an article in EHS Today, an occupational health and safety magazine.

A second phase of the study is planned and will further examine employment records from the three fire departments to gain more insight into occupational exposures, and to look at exposures in relation to cancer incidence and mortality, NIOSH said.

Mesothelioma Rates Double for Firefighters According to New Study

firefighter asbestos exposureFirefighter mesothelioma rates are twice that of the rest of the population according to a dramatic new study – the first ever of its kind.

The researchers said it was likely that the findings were associated with exposure to asbestos, and noted that this is the first study ever to identify higher rates of mesothelioma in U.S. firefighters.

What also makes the study important is that it analyzed cancers and cancer deaths through 2009 among 29,993 firefighters from the Chicago, Philadelphia, and San Francisco fire departments who were employed since 1950.  The large number of study subjects and the many years that they were tracked elevates the credibility and importance of the study; especially in light of the grim results.

The findings are consistent with earlier studies, but because this one followed a larger study population for a longer period of time, the results strengthen the scientific evidence for a relation between firefighting and cancer, the researchers said.

The National Institute for Occupational Safety and Health (NIOSH) led the study in collaboration with the National Cancer Institute and the University of California Davis. The results from the NIOSH researchers and their colleagues were reported on October 14 in the online edition of the international medical journal Occupational and Environmental Medicine, an offshoot of the cutting edge British Medical Journal.

Other types of cancer were also found to be elevated in this study of firefighters in the three U.S. cities. The researchers found that rates of cancers of the respiratory, digestive, and urinary systems were higher in the firefighters than in the U.S. population as a whole.

Firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer. These contaminants include combustion byproducts such as benzene and formaldehyde, and materials in debris such as asbestos from older structures.  These materials may be inert under normal conditions but break down and are released when structures collapse during a fire.

The findings of the new study do not address other cancer risk factors, such as smoking, diet and alcohol consumption, NIOSH pointed out, according to an article in EHS Today, an occupational health and safety magazine.

A second phase of the study is planned and will further examine employment records from the three fire departments to gain more insight into occupational exposures, and to look at exposures in relation to cancer incidence and mortality, NIOSH said.

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