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

Posts by: Steven Kazan

Auto Industry Asbestos Victims Make Major Contributions to Find Cure for Mesothelioma

At age 66, Gordon Bankhead had 34 years of experience in the service and repair of heavy duty vehicles as a Parts Man, with most of his career spent at Sea-Land Shipping Company in Oakland, California. He regularly handled asbestos-containing brakes, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes. All of these activities caused him to breathe deadly asbestos dust. In January 2010, Gordon Bankhead was diagnosed with mesothelioma.

Kazan Law filed suit on behalf of Gordon and Emily Bankhead in March 2010. Trial began on October 25, 2010 and ultimately resulted in a $17.470,000 verdict for Mr. and Mrs. Bankhead. This video tells the story of the important decisions the Bankheads made to help others who suffer from mesothelioma. With contributions like the Bankheads and others, hopefully one day a cure can be found for the deadly disease.

International Cancer Group Loses Credibility Over Ties to Asbestos Proponents

UNThe global nature of the economy makes it difficult for certain public health concerns to remain geographically isolated. That includes asbestos exposure. Thankfully, the strong body of scientific evidence linking asbestos to a range of potentially fatal diseases is proving too difficult for several government groups, as well as non-government organizations, to deny. This is a promising trend, especially in light of the upcoming Rotterdam Convention, an international conference with an agenda that may include adding the chrysotile form of asbestos to its List of Hazardous Substances.

Unfortunately, the asbestos industry is still influential in several pockets of the world. One disturbing story currently unfolding is the participation of a branch of the World Health Organization (WHO) at a recent conference which, according to some people, was coordinated with underlying intentions of obstructing efforts to curb the use of chrysotile.

A news report, published by The Lancet, suggests that this participation also jeopardizes the integrity of the International Agency for Research on Cancer (IARC).

Conference suspicions
During the latter half of 2012, the Russian Scientific Research Institute of Occupational Health and other organizers began planning for a conference titled Chrysotile Asbestos: Risk Assessment and Management, which was to take place in Kiev, Ukraine. Many international groups and public health experts suspected that the event had close ties to Russia’s asbestos industry.

An invitation to the conference was extended to Valerie McCormack, a scientist working for the IARC. In light of the suspicious nature of the event, many individuals in the medical community were baffled to learn that McCormack accepted the invitation and would be presenting a paper on asbestos and lung cancer. Furthermore, IARC officials said this would be an opportunity for McCormack to present up-to-date views on the dangers of asbestos.

However, critics say that the paper McCormack presented relied on studies funded by the Canadian asbestos industry, the data was no longer current and the overall risks of asbestos were downplayed.

Outrage precedes upcoming meeting
This upcoming April marks the sixth meeting of the Rotterdam Convention, an international trades meeting that discusses environmental hazards that pose threats to humans. On the List of Hazardous Substances, every form of asbestos is included except for chrysotile, which had been a candidate for addition three times in the past. It was never successfully added to the list because of strong opposition from countries such as Canada, Ukraine, India and Vietnam – all of which eventually reversed their positions as of late 2012.

However, 2013 marks the first time that Russia has veto power at the Convention, and it is expected to put up a fight. The recent conference in Kiev may support arguments to keep chrysotile asbestos off the List of Hazardous Substances.

“The Kiev conference came out of an initiative to destroy the Rotterdam Convention,” Kathleen Ruff, a Canadian human rights campaigner and senior adviser to the Rideau Institute, told The Lancet. “In 2011, those opposing the listing said they wanted a new conference to look at the ‘modern’ data to counteract the Chemical Review Committee’s ruling. Kiev is the result. It is not a bona fide conference, it’s a sham conference, a weapon to undermine the integrity of science, and it’s about more than chrysotile now, it’s about the gutting of a UN convention.”

The international fight goes on
In December 2012, Ruff and her colleagues sent a letter asking the WHO to address the behavior of the IARC in regards to the Kiev conference. To the Rideau Institute’s disappointment, they never got a response.

Most industrialized nations have banned asbestos in an effort to protect their citizens. However, it is still mined, produced and used in developing countries such as China, Brazil and India, according to a report published in the journal Occupational and Environmental Medicine. Russia is also a major producer of asbestos.

New Kazan Law Partner Justin Bosl and His Drive for Justice

Last week I announced that two new partners and two new associates have joined Kazan Law. Along with Joe Satterley, our newest partner is Justin Bosl, who joined our firm in 2004 as a law clerk and became an associate in 2006. Having grown up as an attorney here at Kazan Law, I am pleased that Mr. Bosl is an example to other young law students of the career path that is possible through hard work and dedication.

Mr. Bosl’s passion and commitment to bringing justice for real people who have unknowingly developed a fatal disease as a result of exposure to asbestos shows through in this video. It’s no wonder that Mr. Bosl has also earned recognition from his peers with his nomination as a Northern California Rising Star in Super Lawyers Magazine in 2011 and 2012. He was also named to the Top 40 Under 40 list by The National Trial Lawyers in 2012.

Shocking Discoveries on Researchers Downplaying Side Effects of Drugs for Mesothelioma and Other Cancers

doctorsIn the fight against malignant diseases caused by asbestos exposure, doctors may take several approaches. While surgery can physically remove the abnormal tissue, radiation and chemotherapy may be more common for patients whose conditions are advanced. These different treatments often work together.

At Kazan Law, we are very familiar with the side effects of chemotherapy. We are also excited about the fact that scientists are constantly developing new drugs while figuring out more effective ways to administer the existing ones. However, Reuters Health recently reported on a disturbing trend in which researchers seem to be downplaying the side effects of the drugs that they study.

Research finds surprising results
Ian Tannock, a scientist from Princess Margaret Hospital in Toronto, investigated how forthcoming researchers were in the presentation of 164 individual studies. He made some shocking discoveries:

  • Two-thirds of the papers did not list the serious side effects of chemotherapy, radiation or surgery in the introductory abstract of the publication.
  • One-fifth of the authors did not include the toxicities within their studies’ results tables.
  • One-third of the scientific articles did not discuss toxicities in either their papers’ abstracts or discussion sections.
  • One-third of the studies shifted the focus of their papers during the research if the authors found that they were not getting the results they hoped for. This can mean the difference between reporting lifespan without cancer and lifespan with relapsing disease.

These trends are important to note because doctors sometimes read only the paper’s abstract, increasing the chances that they can miss important information. Tannock also discovered that these behaviors were not limited to cancer studies.

“Investigators want to go overboard to make their studies look positive,” Tannock told Reuters Health.

Altering the way an experiment’s results are reported can increase the chances of publication, which in turn boosts the authors’ likelihood of receiving grants and tenure.

Tannock suggested that scientific journals can discourage these practices by requiring authors to talk about side effects and other problems within their abstracts. Furthermore, those who read journal articles need to learn how to be more critical.

Chemo side effects and asbestos-induced diseases
The National Cancer Institute lists the most common side effects of chemotherapy as nausea, vomiting, fatigue, hair loss, oral sores, pain and decreased blood cell counts. These complications occur because medications for cancer usually target cells that have a high rate of growth, including healthy ones.

Not all patients diagnosed with malignant mesothelioma, lung cancer or other diseases experience the same chemotherapy side effects. This tends to depend on the type of treatment a patient is undergoing, as well as his or her overall health before the course begins.

If you experience any side effects from your cancer treatment, it is important to discuss them with your medical team. Sometimes these side effects can curb your motivation to adhere to your regimen, which can only lead to more problems. Instead, ask you physician about how you can cope.

For example, the American Cancer Society has several tips on how you can deal with changes in your appetite caused by nausea or problems in the mouth. Eating a balanced diet is still important during cancer therapy because it will help you maintain your strength and stay healthy.

To help increase your desire to eat, try walking before meals or eating with loved ones. Additionally, you should try to add variety to different aspects of your mealtime, such as the setting or the types of food that you consume.

Sitting down to three average-sized meals a day may seem daunting if you have a low appetite. Instead, consider eating several smaller meals throughout the day. This may make it easier to keep food down.

Still Progress to be Made in the Fight Against Asbestos

world signpostsAsbestos was a popular component of many industrial and commercial products that were manufactured during most of the 20th century. However, scientists had known for decades that asbestos exposure could lead to several potentially deadly diseases, a fact that businesses could not deny forever. In many developed nations, this has led to significant reductions, if not outright bans, on the mining and use of asbestos.

However, these policies have not been adopted universally. The asbestos industry still has a strong foothold in the economies of several developing nations.

One researcher from Australia recently published an editorial in the journal Occupational and Environmental Medicine, in which he reviewed the past successes and current challenges of banning the use of asbestos around the world.

Asbestos and the wide range of negative health effects
When most people think of diseases caused by exposure to asbestos, certain respiratory conditions most likely come to mind. However, experts from the Centers for Disease Control and Prevention (CDC) note that there is evidence that the hazardous material can have an impact on several parts of the body.

The most common respiratory diseases associated with asbestos exposure are malignant pleural mesothelioma (MPM), asbestosis and lung cancer. The first two illnesses are caused by the inhalation of asbestos fibers. If these microscopic fragments enter the respiratory system, they can cause chronic inflammation, which may lead to MPM or lung cancer. Furthermore, they may lead to the development of scar tissue in the lungs, which is a characteristic of asbestosis.

Asbestos exposure also causes malignant peritoneal mesothelioma, which affects the lining of the abdominal organs. Furthermore, there is some evidence linking asbestos to cancers of the esophagus, stomach, colon and rectum.

Bans in developed nations
Since the link between asbestos and malignant diseases became common knowledge, various developed nations around the world have been officially banning use of the material. The first policies were adopted in Australia about 30 years ago. Furthermore, in September 2012, the Canadian government decided to stop fighting efforts to have chrysotile asbestos listed as a dangerous substance under the Rotterdam Convention, a move that came on the heels of the cancellation of a major loan to a chrysotile mine.

Also in 2012, two global professional groups called for the elimination of asbestos among their member organizations.

While the efforts to curb asbestos production may help stem the occurrence of illness among miners, other individuals who use asbestos products, such as plumbers, carpenters and other tradespeople, may still be affected for years to come. However, that should not diminish the importance of asbestos bans.

More work needs to be done
The World Health Organization estimates that about 125 million people all over globe are exposed to asbestos through the workplace. Despite growing awareness of asbestos-related diseases in countries such as the U.S., UK and Australia, the mineral is still popular in developing nations such as China, India and Brazil. This is partly attributable to the efforts of lobby groups, such as the now-defunct Chrysotile Institute of Montreal.

“One of the main arguments which had been used by this lobby group and similar groups in other countries is that because asbestos has been around for many decades and has been the subject of considerable research about its cancer risks, the methods to control its use are well known and so it can be safely used,” Malcolm Ross Sim of Monash University wrote in his editorial. “The inadequacy of this argument is readily apparent to anyone with any knowledge of the poorly developed regulatory approach to asbestos and other workplace hazards in many newly industrializing countries.”

Sim notes that there is still progress to be made in the fight against asbestos.

A Close-Up of New Kazan Law Partner and Asbestos Lawyer Joe Satterley

Earlier this week I announced that two new partners and two new associates have joined Kazan Law. The addition of partner Joe Satterley, one of the most highly accomplished asbestos attorneys in the United States, is a significant event for Kazan Law and one I am greatly pleased by. The victories of two of our firm’s recent trials ((Patrick Scott and Sharon Scott v. Allied Packing & Supply, Ford Motor Company, et al and Gordon and Emily Bankhead v. Allied Packing & Supply, Inc., et al) were partially attributed to Mr. Satterley, who provided co-leadership for the trials. I am excited in anticipation of how future clients will also benefit from his skill.

Mr. Satterley’s own grandfather suffered from asbestosis, a potentially deadly disease caused by asbestos exposure.  In this video, hear Mr. Satterley discuss how his drive to succeed in this area of law is based on his personal experience and what the results of his work have meant.

Kazan Law Adds New Partners and Associates

Joe Satterley, Justin Bosl, Ryan Harris, and Joseph Nicholson

From left, Joe Satterley, Justin Bosl, Ryan Harris, Joseph Nicholson

As Founding, Senior and Managing Principal of Kazan, McClain, Satterley, Lyons, Greenwood & Oberman, formerly Kazan, McClain, Lyons, Greenwood & Harley, I am very happy to announce that Joe Satterley and Justin Bosl have become partners in our  firm and Ryan Harris and Joseph Nicholson have joined the firm as associates.

I am very pleased that Mr. Satterley has moved to the San Francisco Bay Area and will be resident in Kazan Law’s offices in Oakland. With a proven track record representing asbestos victims around the United States, Kazan Law clients have already benefited from Mr. Satterley’s skill through his co-leadership in two of the firm’s recent trials (Patrick Scott and Sharon Scott v. Allied Packing & Supply, Ford Motor Company, et al and Gordon and Emily Bankhead v. Allied Packing & Supply, Inc., et al).

Mr. Bosl joined Kazan Law as a law clerk in June 2004 and has been an associate since February 2006. He has been responsible for numerous cases, and handled every phase of litigation, from initial client interview through trial. Mr. Bosl was selected by his peers as a Northern California Rising Star in Super Lawyers Magazine in 2011 and 2012. In 2012, he was named to the Top 40 Under 40 list by The National Trial Lawyers.

Mr. Harris and Mr. Nicholson were law clerks at Kazan Law whose skill, intelligence, and dedication were recognized prior to joining the firm as associates.

DIY Enthusiasts: Beware of Floor Tiles Containing Asbestos

floor_tilesDo-it-yourself enthusiasts often take on home improvement projects in order to enliven the aesthetic appeal of their houses. If you count yourself among these hobbyists, you recognize the joy of painting, gardening or building your own furniture. However, you need to remember that asbestos is the principal cause of mesothelioma, and that construction materials in older houses may contain this hazardous material.

For example, Patty Packrat, a columnist for the Loveland Reporter-Herald in Colorado, warns readers that some floor tiles may have been manufactured with asbestos. If these products are disturbed during home renovation products, they may release asbestos fibers into the air, which can become dangerous if inhaled.

“If you’re not sure whether your tile might contain friable asbestos you can consult a licensed asbestos expert to take samples for analysis. If it is found you may want to hire a licensed asbestos contractor to remove the material legally and safely,” the columnist wrote.

The Environmental Protection Agency notes that undamaged asbestos products generally pose no threat if they are left undisturbed. However, it is important to limit the number and types of activities that go on around the asbestos, especially if children live in the home. Never use power tools on these products, and instead of dusting or sweeping debris in these areas, use a wet mop.

Clinical Trials Continue to Support Multimodal Therapy for Mesothelioma

nurse with female patientThe Environmental Working Group estimates that the incidence of malignant mesothelioma will continue to increase for another 10 years or so. This is cause for concern because there is no standard treatment strategy for this disease, which in turn underscores the need for more research.

At Kazan Law, we are happy to keep tabs on the latest developments. For years, scientists have known that mesothelioma patients are unlikely to be cured because of the use of any single treatment, whether it is chemotherapy, radiation therapy or even surgery. However, patients may have more success if their doctors administer multiple treatments.

One team of researchers from Italy recently published the results of a study that supports this approach.

Mesothelioma requires intense treatment
Scientific research to determine the best treatment for a disease usually requires that different strategies be compared against each other. Because mesothelioma is relatively rare compared to other diseases, this task has proved exceedingly difficult, according to experts from the American Cancer Society. Furthermore, the cancer is hard to approach because it can spread easily and does not grow as one single mass of tumorous tissue.

However, there is evidence showing that patients benefit the most from a regimen that combines several different treatments, a strategy known as multimodal therapy. This includes:

  • Chemotherapy to shrink the cancer. Cisplatin and pemetrexed are two of the most common drugs that doctors use. While cisplatin damages the DNA of cancer cells in order to keep them from dividing, pemetrexed prevents the cells from actually making this DNA, as stated by the National Cancer Institute.
  • Surgery to remove the diseased tissue. One procedure is the extrapleural pneumonectomy (EPP). Experts from the University of California in San Francisco describe this procedure as one that excises an entire lung, plus portions of the diaphragm, pleura and the lining of the heart.
  • Radiation therapy to kill any abnormal cells left behind.

New study supports multimodal therapy
There have been several studies that show multimodal therapy may be a good approach for mesothelioma patients. Based on the success of this research, the team of scientists from Italy conducted their own study to investigate the impact of this regimen. In this study, subjects who were diagnosed with mesothelioma underwent three cycles of chemotherapy that combined cisplatin with pemetrexed, an EPP three to eight weeks later, and radiation four to eight weeks after surgery.

The researchers initially enrolled 54 patients, all of whom had mesothelioma between Stages I and III. Ninety-six patients completed chemotherapy, 83 percent underwent EPP and 41 percent completed all three segments of the multimodal therapy.

Results showed that the median amount of time in which patients lived without any significant deteriorations was 6.9 months. The median overall survival time was 15.5 months. One-third of study participants still had event-free disease after one year. After two years, that figure was almost one-fourth.

“The combination of pemetrexed plus cisplatin followed by surgery and hemithoracic radiation is feasible and has a manageable toxicity profile in carefully selected patients. It may be worthy of further investigation,” the scientists wrote in the journal BMC Cancer.

However, the researchers also noted that two subjects died due to complications from radiation therapy. After this happened, the scientists adjusted their experiment by using lower doses of radiation for subsequent patients. This underscores the need for physicians to select the candidates for certain treatments, such as radiation therapy and surgery, very carefully.

Understanding Metastasis and Mesothelioma

metastasisThere are several therapeutic approaches that doctors may take in order to treat malignant mesothelioma. Both chemotherapy and radiation are capable of killing diseased cells. Additionally, some patients may be eligible for surgery that can remove as much of the cancerous tissue as possible.

However, even with these treatments, patients who have mesothelioma are still at risk for medical complications if their disease metastasizes.

What is metastasis?

We understand cancer as a disease in which a group of cells within one piece of tissue in the body goes rogue and multiplies far beyond what is considered a normal, healthy rate. This leads to the growth of tumors, which can become deadly if they interfere with the function of the surrounding tissues.

Metastasis occurs when these malignant cells break off from the tumor, travel to another part of the body and produce another tumor. Experts from the American Cancer Society (ACS) describe this process as occurring through one of three pathways in the body: circulation through the lymph nodes, circulation through the blood vessels or along the surfaces that line the body’s cavities. Mesothelioma is one of the few cancers that can spread via the cavity linings.

The metastasis process takes place over four steps:

  1. A group of tumor cells stops growing.
  2. This group breaks away from the tumor.
  3. The cells move out of the affected tissue and either enter one of the circulatory systems, or travels along the body cavity lining.
  4. The cells settle in a new location and grow into a new tumor.

Metastasis is deadly in part because its symptoms can easily be mistaken for another health condition.

Metastasis can affect mesothelioma patients

When doctors need to determine how bad a case of mesothelioma is, one of factors that they measure is how far the cancerous cells have spread.

For example, the National Cancer Institute describes localized stage I mesothelioma as being confined to the lining of the chest wall, diaphragm or possibly the lung. However, in the advanced stages of the disease, cancer may spread beyond these tissues and affect the diaphragm and lungs themselves, as well as the lymph nodes, trachea, esophagus, fatty tissues, soft tissues, peritoneum, ribs, the sac that encapsulates the heart, or the heart itself. In some stage IV cases, the malignancy may travel even further and strike the spine, brain, prostate and thyroid.

Scientists are taking a closer look

In order to tackle metastasis more effectively, some scientists who study cancer have decided to make this specific phenomenon their niche.

“Fewer than 8 percent of researchers mention the word ‘metastasis’ in their grant applications, in the context of actually working on the problem…Figuring out how to prevent cancer – a key research focus today – would be the best approach…but that’s of little help to patients who already have cancer,” said Dan Welch, a member of the ACS Scientific Council, as quoted by the ACS. “To prevent something, you have to know its cause. We have no idea why cancer cells spread, let alone what prompts them to disseminate throughout the body.”

One possible key to understanding metastasis is the study of the tumor microenvironment in which breakaway cells settle. Scientists are also exploring the genes that are involved in metastasis, and why certain clusters of breakaway cells can remain dormant for decades before forming new tumors.

The Environmental Working Group projects the incidence of asbestos-related diseases to increase for another 10 years or so.  At Kazan Law, we are optimistic that scientists are on the right track to helping such cancer patients and truly understanding the cause of metastasis.

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