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

Posts by: Steven Kazan

Caught in the Act: OSHA Cites Seven Contractors over Asbestos Violations

contractor on ladderThe Occupational Safety and Health Administration (OSHA) recently issued citations to seven contractors after they allegedly exposed their employees to asbestos on a construction site, according to a release from the federal agency.

The contractors, including three based in Miami and four based in San Antonio, were cited with 45 serious violations and one other-than-serious violation at a worksite in San Antonio. The proposed penalties from OSHA totaled $148,000, according to the release.

OSHA said the violations stemmed from work that took place at the Reserve at Pecan Valley apartment complex. In March, inspectors with the agency conducted a health and safety inspection at the site and reportedly found that workers were not wearing the proper protective equipment or clothing while renovating apartments.

The specific violations listed by OSHA included failing to ensure that employees work in regulated areas, failing to perform proper air monitoring for asbestos, and failing to adequately train employees to work with asbestos, the release noted.

Dangers of asbestos highlighted by OSHA action

The significant fines levied against the seven contractors emphasizes the critical nature of protecting employees from asbestos exposure. In the release, OSHA’s regional administrator in Dallas noted that following the agency’s standards when it comes to working with asbestos is essential for ensuring employee safety.

“Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions,” said John Hermanson, OSHA’s regional administrator in Dallas. “It is imperative that OSHA’s safety and health standards be followed to avoid accidents, injuries and illnesses.”

Hermanson’s comments are in line with scientific evidence that has continued to pile up in recent years. According to the World Health Organization, asbestos-related diseases such as lung cancer, malignant mesothelioma and asbestosis are responsible for the deaths of approximately 107,000 people around the world each year.

As a result, a number of countries have taken steps to heavily restrict or ban the mining, use and exportation of asbestos. In Brazil, the Supreme Court is currently holding hearings regarding the ban of asbestos. In Canada, the Quebec government is facing serious scrutiny from medical experts and advocacy groups over its decision to provide the Jeffrey asbestos mine with a significant loan that would revitalize its operations.

Kazan Law is the only Asbestos Law Firm in the World to present at iMig 2012

I am pleased and honored that Kazan, McClain, Lyons, Greenwood & Harley has been invited to present four abstracts at iMig 2012, an international conference where mesothelioma expert physicians and researchers gather from all over the world every two years to discuss recent developments.

Throughout the world there have been hundreds of papers submitted and approved for presentation. Only four of those papers were submitted by attorneys and all four of those papers are from our firm.

In this video I present and discuss four posters with abstracts published by iMig. This knowledge has grown from my 20 year experience with asbestos trust funds and almost 40 yrs representing asbestos victims. As hard as we focus on the fight for justice for each one of our clients, sometimes our discoveries in the process bring forth implications which are more important than the case itself.

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Kazan Law to Present Four Abstracts at the iMig Boston 2012 Conference

2012 Allen E. Broussard Law School Scholarship Awards Presented

As Chairman of the Board of Directors of the Allen E. Broussard Law School Scholarship Fund and program sponsor, I enjoyed the honor of presenting scholarship awards last Friday with board member Jill Dessalines at a small reception in Oakland. The Allen E. Broussard Scholarship Foundation is committed to the continued pursuit of Justice Broussard’s life long desire to assist minorities in their pursuit of higher education, better job opportunities and careers in the legal profession.

At $5,000 each the Broussard Scholarship award is the largest private scholarship award for law students attending California Bay Area law schools. The Broussard award has assisted three or more academically well qualified students from economically deprived backgrounds each year since 1997.

2012 Broussard Scholarship Award Recipients

Lizbeth MalmsteadLizbeth Malmstead is a first year law student at University of San Francisco School of Law. The youngest of five children, Ms. Malmstead is the first in her entire family to attend college. Growing up near the Tijuana-San Diego border, she has witnessed her community struggle with drug cartels, immigration, and poverty. Ms. Malmstead’s hope is to strengthen her community and other similar communities by being a voice for them. She believes that a law degree is a step towards that goal.

I will introduce the other 2012 recipients in a subsequent article.

Kazan Law to Present Four Abstracts at the iMig Boston 2012 Conference

One of the most vitally important groups dedicated to the fight against asbestos caused mesothelioma cancers is the International Mesothelioma Interest Group (iMig). iMig is comprised of independent international scientists and clinicians with the mission of working to understand, cure and prevent mesothelioma. From their inaugural conference in Paris in 1991, iMig’s focus has been two-fold:

  • Host: hold an international mesothelioma conference on alternate years, alternating between USA and non-USA host cities
  • Collaboration: improve collaboration by collecting a list of available resources, current research projects, and other laboratory techniques that might facilitate collaboration as well as providing an opportunity for networking during the biennial conferences.

Kazan Law’s Commitment to iMig

Kazan Law was the first law firm in the world to sign on as a sponsor for this year’s conference. We began our participation at the Chicago iMig meeting in 2006. Since that time, we have sponsored and supported iMig conferences in Amsterdam 2008, Kyoto 2010, the upcoming conference in Boston 2012, and are already helping to fund Capetown 2014.

Kazan Law to Present Four Abstracts at iMig Conference

Our support for iMig has grown beyond our role as a sponsor. We are honored and proud to announce that four abstracts have been chosen from Kazan Law for poster presentation at this year’s Boston conference:

  • Abstract 1: my summary of asbestos bankruptcy trusts. Included will be information on total dollars available for claimants, the number of foreign admitted exposure sites and ships on which products are conceded, the values each trust applies for mesothelioma claims, and a discussion of the availability of some of these funds for foreign claimants.
  • Abstract 2: a case report highlighting the inadequacies demonstrated by relying on death certificates in studies of the incidence of mesothelioma. The basis for the report is a Kazan Law client with well-established and treated mesothelioma. The client who died 11 years later had a death certificate signed by a doctor who failed to list the cause of death as mesothelioma.
  • Abstract 3 by Kazan Law associate Justin Bosl: a summary of the state of the literature for the entity called localized malignant mesothelioma. This is a very rare form of mesothelioma with less than 100 cases in the reported literature, one of whom was Kazan Law client Tim Vest. To fully prepare his case we had to tabulate all of the cases looking at questions regarding long-term survival and/or cure as well as the percentage with asbestos exposure.
  • Abstract 4 by Kazan Law associate William Ruiz: in preparing a case for Kazan Law client Rick Fenstermaker, we had to demonstrate that Union Carbide’s Calidira fiber mined in King City, California contained significant levels of tremolite asbestos (an amphibole which is a conceded cause of mesothelioma) as a significant contaminant of the mines chrysotile asbestos. Yet, some companies still argue that King City asbestos cannot cause mesothelioma.

Kazan Law’s Commitment to Research

The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc, has committed almost $6 million in grants for medical research to find a cure for mesothelioma. We have long supported the international efforts to ban its use. We have disbursed almost $20 million in grants to an array of community and civic organizations to support research into causes of, treatment for, and prevention of occupational and environmental diseases, increase and improve public awareness about work-place health and safety, and provide relief to the poor.

Related posts:

Kazan Law is the only Asbestos Law Firm in the World to present at iMig 2012

Families of Mesothelioma Patients Face Tough Choices When Weighing Surgical Options

doctor with patientWhen you’re taking care of a loved one with malignant pleural mesothelioma (MPM), each decision is difficult. How can I keep them comfortable? Where can we get medical consultations or legal advice? Should we think about the full round of treatments or stay more conservative? At Kazan, McClain, Lyons, Greenwood and Harley, we’ve spent more than three decades helping people make tough but informed choices.

One of the more difficult decisions out there is whether to pursue surgery for mesothelioma. Some doctors are adamant that radical operations (like the extrapleural pneumonectomy, or EPP) will not cure the disease, while others emphasize that such procedures do provide pain relief and may extend survival time.

For those weighing the idea of surgery for MPM, here is a quick summary of some of the arguments for and against. This is by no means a complete list. To make a fully informed decision, talk with your oncologist and/or surgical specialist before making any decisions.

How surgery can help

Most public health agencies agree that, even for a disease as virulent as mesothelioma, surgery has several notable benefits. The first is that it can lengthen a loved one’s life by months, if not years. The National Cancer Institute (NCI) estimates that patients who receive surgery for MPM live an average of 16 months beyond their diagnosis.

Of course, survival time depends on several things. First, the earlier a patient’s disease is caught, the longer they may be expected to live. In a study published in the Journal of Thoracic and Cardiovascular Surgery, researchers determined that patients with Stage I or II mesothelioma had much better odds of surviving two, three or even four years, compared to those with Stages III or IV.

The same report noted that pleurectomy/decortication and EPP are the two operations associated with the highest likelihood of prolonged survival.

Another benefit of surgery is that it often provides comfort for mesothelioma patients. In fact, the NCI currently categorizes all MPM procedures as palliative, meaning they do not cure the disease but they may ease chest pressure and make breathing easier.

There are a number of operations for MPM, some more extensive than others. A thoracentesis, in which fluid is drained from the pleura, is one of the simplest and most common procedures. More radical is the pleurectomy/decortication, which involves the removal of one lung and as much tumor mass as possible. Finally, the EPP is the most radical, removing as it does a lung, the lung and heart linings, and most of the diaphragm. Each surgery may provide pain relief or extend survival.

How surgery can be counterproductive

Sadly, not all operations for MPM increase a patient’s lifespan – or, if they do, it may be by a matter of weeks or months only. In the British Journal of Surgery, a pair of surgeons summarized the difficulties by pointing to Lionel Shriver’s memoir of dealing with MPM, titled So Much for That:

She plots the course, from diagnosis to death, of a woman with abdominal mesothelioma in present-day America. Fourteen months after being given a one-year expectation of life, her doctors run out of options and the family runs out of money. The oncologist comforts her bankrupt husband saying “we’ve probably extended her life a good three months.” The bitter irony of “good” strikes the spouse, but seems lost on the doctor.

Such situations are not the standard, but they do happen. It is best to know that while surgery can (and often does) help, it also may not.

Consider whether doctors believe an operation will make your loved one more comfortable. Talk to them, take some time to think about it and, in the end, do what you think is best.

My New Role as Chair of Public Justice’s Investment Committee

Steven KazanOn August 1, 2012, I became the Chair of Public Justice’s Investment Committee, tasked with overseeing the management of the Public Justice endowment, reserve and investment accounts. I will also continue as a member of Public Justice’s Board of Directors.

The Investment Committee aims to preserve capital and earn an adequate return in order to help Public Justice fulfill its mission.

This mission is to use creative litigation, public education and innovative work with the community to protect people and the environment, challenge wrongdoings and injustice, increase access to justice and inspire others to serve the public interest.

I enjoyed working on the Investment Committee this past year and helping it to redo the Public Justice investment policy for submission to the Board of Directors, which approved the new policy at its meeting last month. This will let me leverage my experience as an advisor to asbestos bankruptcy trusts (which currently manage over 20 billion in assets for the benefit of their asbestos victim beneficiaries) and apply it to a different context.

The issue of asbestos bankruptcy trusts came into focus during the summer of 1982, when manufacturers of the carcinogenic material began to file for chapter 11 bankruptcy in order to avoid having to pay compensation to workers and other victims who had been diagnosed with asbestos-related diseases such as lung cancer, asbestosis and malignant mesothelioma.

I have been involved in asbestos litigation since 1974, and during this period had to react to this significant change. This trend of companies seeking bankruptcy protection continued in the 1990s and increased heavily in the 2000s. I have been involved on creditors committees representing asbestos victims in nearly all of those bankruptcies. Kazan, McClain, Lyons, Greenwood and Harley was at the forefront in pushing the courts to protect the rights of mesothelioma victims in the Combustion Engineering bankruptcy, and led the reorganization efforts that produced the Combustion Engineering Trust Fund.

This experience will be a tremendous asset as I take over as Chair of the Investment Committee for the Public Justice Board, and I hope to use the knowledge I’ve gained working with asbestos bankruptcy trusts to continue to protect the best interests of the public and the environment.

Mesothelioma and Exercise: What Patients Should Know About Physical Activity

man on exercise machineFor people with malignant pleural mesothelioma (MPM), life after treatment can be very different. Things like diet, rest and daily activities usually change to accommodate a person’s new health status. But that doesn’t mean that everything from your old life has to fall away. Certain things, like regular exercise, can still be an important part of your weekly schedule.

At Kazan, McClain, Lyons, Greenwood and Harley, we know. We’ve spent almost 40 years helping people with MPM understand their legal and medical options. While we always recommend that patients talk to their doctor about physical activity, we do know that moderate, low-impact exercise can help improve quality of life for some people with mesothelioma.

In fact, two new studies have proven it.

Moderate activity boosts QoL

The pair of reports, both published in an August issue of the journal The Cochrane Library, essentially said the same thing. (And they should – they’re written by the same people.) For individuals with cancer, exercise can help improve their quality of life (QoL).

Each paper comes in the form of a literature review, combining the results of as many as 56 prior trials involving more than 4,800 people with cancer. The authors found that, overall, physical activity boosted a number of QoL indicators.

After six months of exercise-based interventions, participants exhibited improvements in:

  • Overall QoL
  • Body image
  • Self-esteem
  • Emotional wellness
  • Sexual activity
  • Pain levels
  • Fatigue
  • Anxiety levels
  • Physical mobility
  • Social interactions

Researchers said that “together, these reviews suggest that exercise may provide quality of life benefits for people who are undergoing or have undergone treatment for cancer.”

But be cautious

While life with mesothelioma does not necessarily have to be taken lying down, it’s important to be judicious with physical activity. Patients who have just received treatments must take several weeks (or, in many cases, months) to fully recover. Once a doctor clears you for exercise, start slow.

The Mayo Clinic recommends beginning with relaxation exercises, in which you slowly tense and then release different muscle groups. After that, MPM patients may gradually work their way up to yoga, tai chi, hiking or slow jogging.

In all cases, patients should have someone on hand to help moderate their level of activity and to assist in case they begin feeling dizzy or faint. Remember to warm up beforehand, cool down afterward and drink fluids throughout.

And again, as the American Cancer Society emphasizes, only engage in exercise after being cleared by your cancer team.

Related articles:

Nutritional Information for Mesothelioma or Lung Cancer Patients

Strategies for Coping with a Mesothelioma Diagnosis

Mesothelioma Support Services and Groups: Benefits and How to Find Them

 

Asbestos Issue Rising to the Forefront in Brazil

Like a number of countries around the world, Brazil is currently in the midst of tackling a major public health issue that has continued to pose a serious risk to its citizens for years: asbestos.

Brazil has been one of the countries at the forefront of the asbestos issue since the Global Asbestos Congress was held in the nation in 2000. A number of Brazil’s major states – including Sao Paulo, Rio de Janeiro and Rio Grande do Sul have already moved to ban the carcinogenic substance, while similar legislation is circulating in other regions of the country as well.

According to Laurie Kazan-Allen, Coordinator for International Ban Asbestos Secretariat (IBAS), while the asbestos lobbyists in Brazil have taken a serious hit, resistance to the ban is still pretty prevalent throughout the country. Wealthy asbestos backers have pushed for the status quo, which supports the “controlled use of asbestos,” according to Kazan-Allen.

Asbestos hearings headed to Brazilian Supreme Court

August marks an important month for the fate of asbestos in Brazil. Kazan-Allen notes that the Brazilian Supreme Court is set to take on the issue, hearing from local and international experts ranging from supporters of the ban to industry backers.

Last week, an agenda was set for the initial round of hearings on the asbestos issue, with more than 35 speakers scheduled to testify on the issue, including some of the world’s most notorious asbestos supporters. Scientific experts from Italy, Brazil and the U.S. are also scheduled to appear during the court hearings.

As Kazan-Allen notes, the international importance of the court hearings can be seen in the fact that the end-of-the-month proceedings will be translated into English.

Despite scientific evidence, asbestos issue rolls on

Though many states in Brazil have banned the substance, the fact that asbestos industry supporters still have a voice is alarming considering the plethora of evidence pointing to the serious risks caused by exposure to the carcinogenic material.

The dangers of asbestos have been seen as far back as the days of Pliny the Elder, the Roman philosopher who noticed that slaves who worked with asbestos appeared to suffer a “sickness of the lungs.”

Fast forward to 2012, and it has been well-documented that asbestos exposure can lead to the development of asbestosis, lung cancer and malignant mesothelioma. All told, the World Health Organization estimates that such asbestos-related diseases kill approximately 107,000 people around the world each year.

Award-Winning Study Shows that Mesothelioma Tissue Tests are Improving

family making medical decisionsBecause malignant pleural mesothelioma (MPM) is such a tough disease to treat, it’s easy to feel like there’s little or nothing that patients have going for them. Fortunately, this isn’t true. At Kazan, McClain, Lyons, Greenwood and Harley, we make it our business to see that MPM patients have an advocate, someone who helps them learn their complete legal and medical rights. Making fully informed decisions about care and treatment is essential for people with mesothelioma.

Meanwhile, from the clinical end, researchers are making exciting new finds practically every month, many of which directly affect mesothelioma patients and their families.

Consider an award-winning presentation given at this year’s British Thoracic Oncology Group Conference. In it, researchers announced that diagnostic tissue tests for mesothelioma are getting better and better.

The ‘changing face of mesothelioma diagnosis’

Delivered by a team of British doctors from the Glenfield Hospital in Leicester, the poster session won one of the conference’s runner-up prizes, out of a field of 200 entries.

So, what did they say?

The team addressed the “changing face of mesothelioma diagnosis,” concluding that it is shifting toward earlier, more thorough diagnoses. Even though it may seem like cases of MPM have been confirmed in the same manner for the last 30 or 40 years, researchers said that’s not the case. In fact, in just the past decade, the diagnostics that oncologists use for MPM have undergone a seismic shift.

The authors proved as much by analyzing every case of mesothelioma reported in Leicester, England, between 2000 and 2010. The results of some basic number crunching indicated a major change in the ways oncologists find MPM.

Over a decade, histology makes a big leap

To start, researchers noted that nearly all cases of mesothelioma are now confirmed histologically – that is, under a microscope. Their data showed that while in 2000 just three-quarters of cases involved doctors examining cell samples up close, by 2010 that figure had jumped to 96 percent.

Likewise, the proportion of cases diagnosed during post mortem exams plummeted from 34 percent to just 4 percent.

What do these changes mean? Basically, more cases are being confirmed in a thorough manner, while fewer are dying before diagnosis.

The team also noted that the kinds of diagnostic tests being used are shifting:

  • In the first half of the decade, CT-guided biopsies were used to confirm diagnoses in just 6 percent of cases. By the end of the decade, 36 percent of MPM patients were undergoing this test.
  • Medical thorascopy also had a meteoric rise in Leicester. The team noted that this less invasive form of biopsying leaped from being totally unused to contributing to more than one-third of all diagnoses.
  • Meanwhile, invasive surgical biopsies declined from 43 percent to 20 percent.

“Pre-mortem histological diagnostic confirmation has significantly increased in the past five years compared to the previous five years and is now achieved in [more than] 95 percent of our patients,” the group concluded. “This is due to increased use of CT-guided pleural biopsy and medical thoracoscopy.”

What does this mean for patients?

There are several positive findings in this study. The first is that, by using tissue sampling and microscopic cell staining, doctors are diagnosing more cases of MPM during patients’ lifetimes, making people with mesothelioma more likely to get a solid prognosis and have access to proper treatments and palliative care.

The poster session also indicated that histological staining can adequately confirm the presence of MPM, sparing many patients the experience of undergoing an invasive diagnostic surgery.

Finally, it’s nice to know that the methods doctors use to diagnose mesothelioma are getting more sophisticated all the time.

San Francisco-Based Bechtel Group in Hot Water over Asbestos Issue in Australia

engineerSan Francisco, California-based Bechtel Group, the largest construction and engineering company in the U.S., has run into trouble related to asbestos in the Australian state of Queensland.

According to the Australian Broadcasting Corporation, the Electrical Trades Union (ETU) says it could take Bechtel to federal court over a wage dispute in which some workers refused to complete a project until asbestos testing was completed.

The dispute, which is taking place on Queensland’s Curtis Island near Gladstone, stems from pre-built electrical switch rooms that were imported by Bechtel from Indonesia. Testing has indicated that the rooms contain white asbestos, which is a banned import in Australia, according to the news source.

Peter Ong, an official with the ETU, told the media outlet that after a Fair Work Australia hearing did not resolve the issue, the union is considering taking the matter to federal court.

“The current agreement that covers the projects being built at Curtis Island is a WorkChoices agreement, so it was made in 2009,” Ong explained. “That agreement doesn’t allow for arbitration, so it doesn’t allow for the commissioners to actually make a call or make a judgment on it unless both parties agree to arbitration.”

Bechtel’s asbestos issues continue

Bechtel, which was founded in 1898, has a long history with asbestos, particularly during World War II during work on shipyards. The company has also been the subject of asbestos lawsuits from individuals who were exposed on the job, making it all the more troubling that the carcinogenic substance has become an issue for Bechtel once again.

The issue is particularly disconcerting considering the well-documented risks of asbestos exposure. According to World Health Organization estimates, asbestos-related illnesses such as lung cancer, asbestosis and malignant mesothelioma are responsible for the deaths of approximately 107,000 individuals around the world each year.

Ong, the union official helping to lead the charge in the Bechtel case, told the Australian Broadcasting Corporation that the fact that the industrial giant has not admitted to poorly handling the situation and not properly compensated workers is more than troubling.

“Now that’s not happening all, that’s left up to our side of things … to take it to the Federal Court,” Ong explained.

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