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

Posts by: Steven Kazan

Holiday Gift Ideas for Mesothelioma Patients and Caregivers

holiday gift ideasWhenever the holiday season rolls around, people often look forward to various traditions and rituals. Seasonal decorations for the home come down from the attic. Special recipe books are cracked open in the kitchen. Holiday favorites – Bing Crosby, Nat King Cole, maybe even the Chipmunks – are played on the home entertainment system. And, then of course there is the matter of gift shopping. Do you have holiday gift ideas for a family member who is suffering from mesothelioma?

If one of your loved ones has malignant mesothelioma, you may be faced with a bit of a conundrum: What present would this person want? What present would this person not want?

At Kazan, McClain, Lyons, Greenwood and Harley, we want all of our clients – as well as their loved ones – to be able to enjoy the holidays just as they have every year. If you want to know what holiday gift you  should get for a mesothelioma patient, we have some ideas that we are more than happy to share.

Well-Meaning Gifts, But Scrap These Holiday Gift Ideas

When someone has mesothelioma or another type of cancer, it is only natural to want to be supportive and help them think positive thoughts. However, anyone who lives with such a diagnosis is probably dealing with an emotional gauntlet.

Author and cancer survivor Lori Hope has several suggestions for what gifts not to get for a patient:

  • A book about living with cancer. There is a glut of information about cancer out there: on TV, the internet, bookstores, etc. Mesothelioma patients probably want to maintain some sort of control over what they come across so that they do not become overwhelmed.
  • A video or book that suggests positive thinking can cure cancer. Such items can grate on patients’ self-esteem during moments when they feel low.
  • A sad movie. Having a chronic disease stirs enough negative emotions.
  • A subscription to a magazine that discusses current events. This may conflict with feelings of hope.
  • Nutritional supplements. It is better to ask patients about this before buying them something.

Holiday Gift Ideas that Pamper

Luckily, there are many presents that mesothelioma patients are likely to appreciate. Rachel Vitagliano, manager of patient relations for Cancer Treatment Centers of America in Philadelphia, collected some wonderful ideas from patients and caregivers.

If you want your loved ones to know that you have their health in mind, try buying them a gym membership. Fun and laughter are also important, so gift certificates to comedy clubs or lessons for diverting activities, such as music or crafting, may also be welcome. An e-reader may also be a good distraction during chemotherapy sessions.

And for those who appreciate feeling pretty and pampered, consider purchasing a spa treatment. Also, a nice set of soft cotton pajamas may help bring a night of restful sleep.

Hope adds that your time is also valuable. One neat idea is to create your own gift certificates for an hour of judgment-free listening, or a “get-out-of-jail-free” card that forgives lapses in manners when patients are having a bad day.

Don’t Forget the Caregivers

Both mesothelioma patients and their caregivers may feel frazzled from constant health concerns and appointments. So when it comes to gifts such as comedy club trips or spa treatments, consider making those presents good for two. Vitagliano adds that home-cooked meals and house cleaning services may also be appreciated.

Paula Spencer Scott, the senior editor of Caring.com, suggests that gift cards to restaurants, grocery stores and gas stations are all great ideas. A Netflix subscription can provide some much-needed distraction. Also, in case caregivers want time to themselves, you can offer to take over their duties for a day.

Asbestos Exposure Was Significant Among Railway Workers

railway workerAlthough railways have been modernized, they can sometimes stir feelings of nostalgia and sentimentality with their quaint charms. History books describe how trains have been a major part of the historical expansion of the U.S. Long trips offer a unique opportunity to appreciate the natural beauty of pristine expanses of land. And to this day, trains are often one of the earliest toys given to children.

As fondly as people may remember trains, it is very easy to overlook the fact that individuals who have worked on railways often endured exposure to asbestos. At Kazan, McClain, Lyons, Greenwood and Harley, we know that in order to protect workers like you today, we need to remember what put individuals in danger in the past.

Protecting the train, but posing a health hazard
During the 20th century, asbestos was a popular component of both industrial and commercial products around the world. The toxic mineral had become prevalent because of its ability to act as an insulator against heat and electricity as well as its physical properties that allowed it to withstand friction. These characteristics made asbestos invaluable to the railway industry.

One place railroad workers were especially vulnerable to asbestos exposure was in the train repair plant. Here, employees would have to dismantle the steam locomotives, requiring them to handle potentially contaminated parts. This included the asbestos lagging that was wrapped around the boilers. For countries that curbed asbestos use, some of these products were eventually replaced with man-made minerals. However, this would not necessarily have been helpful to those who already inhaled asbestos fibers.

A brief history of asbestos-related illnesses in the railway industry
The danger of breathing in asbestos is that it increases the risk of diseases such as malignant mesothelioma, which can take between 20 and 50 years to develop. In Japan, asbestosis had been detected among railway workers as early as 1928.

One team of Japanese scientists conducted a study in which they examined the health records of individuals who worked in that country’s railway industry between 1928 and 1987. This included a review of five studies that enrolled a total of 350,000 active employees. The researchers concluded that almost all of them had elevated risks of asbestos-related malignancies. They also discovered two cases of mesothelioma in 1980.

Another team of scientists reviewed the health records of 181 railroad machinists who worked in the U.S. between 1920 and 1929. The researchers tracked their well-being until 1986. They discovered 14 cases of mesothelioma by the end of the study period, marking this industry as one of the most vulnerable to asbestos-related illnesses.

What today’s employers can do
The U.S. Department of Labor Occupational Safety and Health Administration limited employee asbestos exposure to 0.1 fibers per cubic centimeter (f/cc) of air over the course of eight hours. There is another short-term exposure limit of 1 f/cc over 30 minutes.

In any industry where work conditions may exceed these limits on a regular basis, employers must conduct periodic air monitoring. Certain zones where asbestos exposure is likely can be designated as regulated areas, which limit access to only specially trained and protected personnel. If businesses expect their asbestos measurements to exceed safety limits, they must provide their workers with respirators, protective clothing, decontamination areas, training and medical examinations.

Mesothelioma and Asbestosis Patients Should Remember Their Flu Shots

man getting flu shotAs the winter solstice approaches, people in the U.S. are making sure they are prepared to face the colder weather. Firewood stockpiles have been replenished. Winter coats have been taken out of closets. Candles, water, food and other supplies are on standby in case of a blackout or other emergency.

Still, in the middle of December, there is one more thing that Americans need to make sure they are ready for: the flu. And when it comes to people who have diseases related to asbestos exposure, the flu may be especially hazardous.

At Kazan, McClain, Lyons, Greenwood and Harley, we want to make sure that our clients and their loved ones are doing everything they can to protect themselves against the flu this season. That includes getting a flu shot, knowing what to do in case one gets sick and learning how to avoid the virus.

20 percent of Americans catch the flu every year
Anyone who has ever had the flu is already familiar with its the symptoms: stuffy nose, sore throat, fever, painful muscles, fatigue, cough, upset stomach and more. This infection will also increase the risk of other diseases, such as pneumonia.

Experts estimate that 20 percent of people in the U.S. contract the flu every season, which can begin as early as October and end as late as May. More than 200,000 individuals are eventually admitted into the hospital because of this virus.

Although the flu can affect anyone, people who may have a higher risk of catching it include the elderly, young children asthmatics, diabetics, heart disease patients and individuals who have a weakened immune system.

What the flu means for patients with cancer and other illnesses
The flu can be especially dangerous for individuals who have malignant diseases of the respiratory system, such as mesothelioma. It is not clear whether these patients are more likely than those within the general population to catch the virus. However, people who have serious respiratory problems, such as mesothelioma or asbestosis, or immune systems weakened by cancer treatments, may experience more complications from the flu.

Protection and care
Government health officers recommend that all individuals aged 6 months or older get vaccinated against the flu. That includes patients who are sick with illnesses caused by exposure to asbestos. People who are severely ill with other conditions may not be able to receive a flu shot, but any questions about whether an inoculation is appropriate can be answered by a medical professional.

There are two main forms of flu vaccination: one is a nasal spray infused with weakened virus, while the other is an injection of dead virus. Cancer patients should only receive the latter type of inoculation because the former may cause sickness among individuals who have a weaned immune system. Caregivers or loved ones may take the nasal spray unless the patient is undergoing high-dose chemotherapy.

Once an individual starts developing symptoms of the flu, he or she must consult a medical professional immediately. Caregivers need to be prepared to discuss a patient’s medical history. Afterward, caregivers have to make sure that their charges take all the necessary medications, recuperate in a room separate from non-sick individuals, and that everyone in the household cleans their hands frequently.

There are other good tips that will help prevent the flu:

  • Use soap and warm water, or alcohol-based sanitizers, to clean your hands.
  • Keep your hands away from you mouth, nose and eyes.
  • Try to stay away from small children who attend school or daycare.
  • Stay at least six feet away from sick people, if they cannot be avoided altogether.

Kazan Law Wins $5.5 Million Verdict Against Industrial Products Manufacturer Crane Co

frank-300x176On Kazan Law client Jim Hellam’s 66th birthday, November 28, 2012, an Oakland, California jury returned a $5,437,882 verdict in his case against Crane Co. Mr. Hellam was diagnosed with mesothelioma in 2011.

As a teenager, Mr. Hellam worked for his grandfather’s one man operation, Monterey Boiler Service, over the course of five summers between 1962 and 1966. His grandfather bought Cranite gaskets and a dry powdered cement product from Crane Co’s “Crane Supply” wholesale outlet in Salinas, California. Mr. Hellam was exposed to asbestos when he mixed the powered material with water to form a slurry used in the process of refurbishing boilers, and from cutting sheet gasket material to form gaskets used in the refurbishing process.

Mr. Hellam had no asbestos exposure during the rest of his career. He was a San Jose police officer for 13 years, followed by 31 years as a life coach who traveled the globe giving leadership training lectures, a career that began through recruitment by a firm and led to the development of his own business.

Crane Co denied responsibility for exposing Mr. Hellam to asbestos and asserted at trial that the company was unaware of asbestos related health hazards until the 1970s.  Kazan Law presented evidence showing that Crane Co corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill. The case was tried by Kazan Law partners, Dianna Lyons and Frank Fernandez, and associate Mark Swanson.

Before his diagnosis, Mr. Hellam was an extremely active and healthy 65 year old Hall of Fame softball player with a very active professional and personal life.  He had planned to continue his leadership training for another decade, and to share his active leisure time with his grown sons, step daughters and the grandchildren he hoped to coach on the baseball field.

Electricians Should be Aware of Risks from Asbestos Exposure

electricians at workUp until the mid-1980s, asbestos was a common component of many industrial and commercial products. Its physical properties – namely, it’s strength and fireproofing capabilities – made it popular for use in insulation, flooring and roofing materials.

Although industries ignored the evidence linking asbestos exposure to several diseases for years, the scientific studies eventually became undeniable, leading to a great reduction in the use of this mineral. However, its pervasive utility in construction during the 20th century means that people employed in construction, home improvement or any trade that involves working in older buildings are at a continual risk for coming into contact with asbestos.

Among those at risk are electricians.

Exposure on the job
Scientists all over the world are aware of how asbestos can lead to diseases such as malignant mesothelioma. They also know that people who work in certain sectors are more at risk than others, leading to the publication of numerous papers measuring the likelihood of these illnesses among individual tradespeople.

In Finland, one team of scientists conducted a study that included 23 mesothelioma patients, all of whom were divided into groups according to how probable exposure to asbestos was in their line of work.

Results showed that the concentration of mineral fibers in the lungs was the greatest for electricians who worked in shipyards. Both men were employed in these fields for at least 20 years.

Another electrician also developed mesothelioma after working only seven years in construction. Other subjects, including a truck driver, got the disease after he was exposed to asbestos on the job for twice that amount of time.

One other study from Germany, evaluating nearly 7,800 power workers, revealed that within the industry, asbestos was a bigger problem for those working in power-generating plants than those who handles installations for power distribution.

Protecting yourself from the problem
No matter where you work in the world, asbestos is easy to encounter as an electrician because insulation is commonly found near heat-producing power sources. Also, when it comes to construction, jobs that involve drilling are likely to disturb asbestos fibers found in products that include ceiling tiles, wall plaster, circuit breakers or cement siding.

At Kazan, McClain, Lyons, Greenwood and Harley, we want to make sure you’re protected. It helps to be aware of federal regulations that require the operators of demolition or renovation projects to notify state authorities upon finding a certain threshold of asbestos within buildings. You should also stay informed about guidelines regarding on-the-job ventilation, waste-disposal practices, HEPA filter use and asbestos wetting procedures.

Ford Motor Company Failed to Warn Their Asbestos Parts Were Deadly

Earlier this week we were proud to announce the $6.8 million verdict Kazan Law obtained against Ford Motor Company on November 19, 2012 in an asbestos lawsuit trial that ran for over two months. Our client, a 69-year old career auto mechanic diagnosed with deadly mesothelioma cancer last fall, worked on Ford cars and trucks, which contained asbestos in brakes, clutches, engines, and other vehicle parts, throughout his career.

We’d like to follow up on the story with this video, where Kazan Law lead attorney Justin Bosl discusses how Ford knew that asbestos was a deadly substance for years, yet failed to warn those they knew were at risk. We are honored to have been able to bring justice to the victims, Patrick and Sharon Scott, and we would like to bring awareness to other auto mechanics that might be at risk as a result of asbestos exposure.

For information about symptoms of mesothelioma and other asbestos-related diseases, click here.

Kazan Law Wins $6.8 Million Verdict Against Ford Motor Company in Asbestos Lawsuit

Patrick and Sharon Scott

On November 19, 2012, an Alameda County jury in Hayward, California returned a $6,825,000 verdict against Ford Motor Company for Kazan Law clients Patrick and Sharon Scott.

Pat Scott, age 69, was a career auto mechanic until he was diagnosed with mesothelioma last fall. Since then, he has been unable to work. He has always been a car guy; he began fixing his personal cars as a teenager before he even got a drivers license. After serving in the U.S. Air Force and working for nine months at Hunters Point Naval Shipyard, he opened his first auto repair shop in 1966 in Sausalito. Later that year, he moved his shop to San Francisco. In 1978, Pat Scott opened a one-bay auto shop in St. Helena, California, which he ran until his diagnosis.

Throughout his career, Mr. Scott worked on many Ford cars and trucks in his shops, as well as his personal Ford trucks. The Ford cars and trucks had asbestos brakes, clutches, gaskets, and other parts. Evidence at trial showed that Ford was a member of the National Safety Council in 1948, when the organization published on the harmful effects of asbestos in brakes. Ford’s corporate toxicologist testified that Ford knew asbestos causes mesothelioma since 1960. Ford continued to sell asbestos parts until 2001. Ford’s corporate representative admitted in testimony that Ford never told its customers that the asbestos in its cars and trucks can cause mesothelioma.

The jury found that Ford’s products were defectively designed, that Ford failed to warn Mr. Scott, and that Ford was negligent, apportioning 22% liability to Ford. The jury awarded Mr. Scott $1,225,000 for his medical costs and lost income and $5,000,000 for his pain, suffering, and emotional distress. The jury also awarded Sharon Scott, his wife, $600,000 for her loss of her husband’s support and companionship.

Mr. and Mrs. Scott were represented at trial by several Kazan Firm attorneys led by Justin Bosl and by Joseph Satterley of Louisville, Kentucky.

Mesothelioma Patients Can Keep Up the Spirit of Thanksgiving

As Autumn gives way to winter, many people in the U.S. take this time to enjoy the holidays and reflect on the past year. In late November, Thanksgiving often involves cooking indulgent meals, enjoying good wine and counting one’s blessings.

For cancer patients with malignant mesothelioma, as well as their caregivers, this may be a challenging time, both physically and emotionally. However, at Kazan, McClain, Lyons, Greenwood and Harley, we’re committed to helping you adjust to life with this condition as much as possible – and that includes keeping up the spirit of Thanksgiving.

Meal preparation

Thanksgiving dinner is cause for careful consideration for both mesothelioma patients as well as their caregivers – but for different reasons.

For example, those in the latter group may be looking to keep their energy levels up throughout the hustle and bustle of the holiday in order to continually care for their loved one. This is when a few tweaks in meal preparation may come in handy.

For instance, health experts say that a Thanksgiving dinner plate should be half vegetables in order to stave off the lethargy that comes with consuming too much turkey. The antioxidants in these foods, such as vitamin C and beta carotene, can help caregivers feel their best. Delicious choices include peppers, baby carrots, squash, sweet potatoes and beets. The healthiest plates will be light on butter, cream and sugar.

Additionally, brining a turkey in water, salt and seasonings the day before Thanksgiving can help add flavor without the use of fatty, fatigue-inducing ingredients.

Meanwhile, mesothelioma patients may worry about the effects that medical treatment can have on their eating habits, including a loss of appetite, a modified sense of taste, dry mouth, nausea and more.

For patients with no appetite, high-protein and high-calorie products – such as cheese, muffins and dairy – may help. The trick is to eat them more often throughout the day, but in smaller portions.

Individuals with dry mouth or oral sores may also want to consider eating moist and soft products, such as mashed potatoes and gravy.

Of course, the flavor of any Thanksgiving dish can be intensified with spices or sauces.

Enjoy time with your loved ones

As Thanksgiving is a time to reflect on what we are grateful for, it is important for you to enjoy spending time with your friends and family. This is a good opportunity to play catch-up or discuss the challenges you may face every day. Talking to your loved ones and bringing them up-to-date on your situation may also allow them to understand the help you may need.

If you need to reach out beyond your social circles, there are many cancer support groups available online and in person. Hospitals and organizations such as the American Cancer Society are usually able to provide wonderful referrals.

Automotive Brake Specialists Need to be Mindful of Asbestos Exposure

asbestos exposure Use of asbestos in the U.S. reached its peak during the 1970s. The material appeared in such a wide range of products, asbestos exposure was a hazard that followed everyday people everywhere, from the insulation in their homes to the vermiculite in their gardens.

As if that weren’t enough, try to imagine having a job in which you had to work with asbestos on a regular basis. To this day, asbestos exposure is still a risk for individuals who work in certain sectors, such as construction.

At Kazan, McClain, Satterley, & Greenwood we do everything we can to educate people about how to avoid asbestos, particularly if they have regular contact with the material. One group of professionals that may be particularly at risk is automotive brake specialists.

Asbestos Exposure and the Regulation of Brake Parts

The physical properties of asbestos once made it a popular component of car brakes in the U.S. However, growing awareness of the relationship between asbestos and potentially fatal diseases such as malignant mesothelioma is driving a phase-out of the material from car brakes.

One team of researchers from California conducted a study in order to determine how many cars had brakes that were made with asbestos. For the experiment, they collected samples of the brake linings from 137 light- and medium-duty vehicles and 54 heavy-duty vehicles. They didn’t find any asbestos within the latter group. Among the light- and medium-duty cars, 3 percent of brake shoes used a chrysotile asbestos-containing model that is currently being phased out.

California law requires that asbestiform be present at only trace levels in brakes by 2014. Similarly, Washington state has the Better Brakes Law, which calls for the gradual elimination of copper, asbestos and heavy metals from brakes sold in Washington. Certification of environmentally friendly products will begin in January 2013.

However, no federal regulations on car brakes exist.

Protecting Mechanics from Asbestos Exposure

Whether mechanics are working out of their own home or a commercial garage, they have to be sure to protect themselves from asbestos.

The U.S. Environmental Protection Agency (EPA) has several tips:

  • Use the low pressure water sprays to wet the brakes and clutch, which can then be wiped with a cloth.
  • Use ready-to-install parts (whenever possible) that have been ground down by the manufacturer
  • If drilling, cutting or other methods that can disturb the asbestos are required, use low-speed settings.
  • Remove work clothes before going home. Launder these items separately.

Scientists Study Proteins as Potential Mesothelioma Markers

diagnosisAn early diagnosis is one of the first steps toward overcoming a potentially fatal disease. When it comes to malignant pleural mesothelioma (MPM), there are few reliable methods of detecting this illness, particularly while it is in its early stages. This makes medical research all the more important.

Recently, a team of scientists from the University of California, San Francisco (UCSF) conducted a study with help from the Estate of Robert Griffiths; the Jeffrey and Karen Peterson Family Foundation; and Paul and Michelle Zygielbaum, all of whom provided funds via The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc, which gave additional support, as well. For the experiment, the researchers evaluated the utility of three different proteins as potential biomarkers of malignant mesothelioma.

A pressing need for better detection
The median survival time following diagnosis of mesothelioma is 16 months, according to the National Cancer Institute. This disease is usually a consequence of identifiable asbestos exposure. However, because the latency period between contact with the material and the development of symptoms can take upward of 20 years, the incidences of asbestos-related illnesses will continue to rise for at least the next decade as the population of senior citizens increases, according to the Environmental Working Group.

Doctors are usually able to treat diseases effectively if they identify them early. This has proved to be a rather difficult goal for MPM. According to the American Cancer Society, most patients do not even know they are sick until they develop symptoms. Some physicians try to diagnose these individuals with the help of chest X-rays or computed tomography. However, it is not clear whether these tools are useful.

Signs of disease in the cells
One active area of research into the diagnosis of MPM is biomarkers, which are substances in the body that indicate the presence of disease. Based on previous studies, scientists from UCSF decided to investigate whether the proteins dishevelled-3 (Dvl3), excitatory amino acid transporter 1 (EAAT1) and glutamine synthetase (GS) could help identify MPM.

In their experiment, the researchers collected tissue samples from 39 MPM patients. They also obtained cell samples from both MPM and healthy mesothelial tissue. Among the various laboratory tests that they performed was cell staining to reveal the biomarkers.

“According to the results in this study, our findings indicate that MPM cells express more EAAT1 than normal cells. Moreover, the survival time of MPM patients was inversely correlated with the degree of EAAT1 staining: the stronger the staining, the shorter the survival time,” the researchers wrote in the Journal of Clinical Pathology.

Other results showed that both Dvl3 and GS staining were associated with EAAT1 staining, but only Dvl3 was linked to survival time. Further studies are needed to verify these findings.

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