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

Posts by: Steven Kazan

Kazan Law Attorneys Named to Super Lawyers for 9th Consecutive Year

Kazan Law Super Lawyers

We are very proud to announce that Kazan Law attorneys have been named to the prestigious Super Lawyers list for the ninth consecutive year.

What is Super Lawyers?

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

We are honored to have these Kazan Law attorneys included in this list which represents no more than 5 percent of the lawyers in the state of California.

Steven Kazan: Super Lawyer 2004-2012
David McClain: Super Lawyer 2004-2012
Gordon Greenwood: Super Lawyer 2004, 2006-2012

Rising Stars

Super Lawyers Rising Stars recognize the top up-and-coming attorneys in the state. Rising Stars are considered by their peers as the best attorneys under the age of 40, or who have been practicing law for 10 years or less. No more than 2.5 percent of the lawyers in the state are named to this list. We are very proud of the three Kazan Law attorneys named Rising Stars this year:

Justin Bosl: Rising Star 2011-2012
Gloria Amell: Rising Star 2011-2012
William Ruiz: Rising Star 2012

 

Health Organizations, Asbestos Groups Speak Out Against Jeffrey Mine Revival

Asbestos, Quebec

Asbestos, Quebec

The controversial decision of the Quebec government to offer a $58 million loan to investors to revive one of the few remaining asbestos mines in Canada has been heavily scrutinized by asbestos victim support groups and health organizations alike.

According to Reuters, the decision to allow the investor group – headlined by Quebec-based Balcorp Ltd. – to reopen the Jeffrey asbestos mine in the aptly named town of Asbestos could ultimately extend the site’s life by more than two decades.

Financial issues have plagued the asbestos mine, which is more than 130 years old but has run on-and-off over the past few years, the news source said. Still, Canada remains one of the largest exporters of chrysotile asbestos in the world, according to Reuters.

Public health specialist rails against ‘exploitation’

The Quebec government’s controversial move has sent shock waves through the scientific community, particularly as exposure to asbestos has been proven for decades to lead to the development of serious illnesses such as lung cancer, asbestosis and malignant mesothelioma.

Yv Bonnier Viger, the head of Quebec’s association of public health specialists, told The Globe and Mail that Premier Jean Charest “has good reason to be ashamed” after giving the go-ahead for the loan.

“He is relaunching the exploitation of an extremely dangerous material that will cause the suffering and death of thousands of people in poor countries, at only marginal benefit to a desperate community,” Viger noted.

Viger is no doubt alluding to countries such as India, where a large percentage of Canada’s asbestos is exported. These developing countries continue to use asbestos as a building material despite the dangerous risks.

Asbestos no laughing matter

Paul Lapierre, vice president public affairs and cancer control for the Canadian Cancer Society, added that the revitalization of the Jeffrey mine “is in direct conflict with global cancer control.” According to the World Health Organization, asbestos-related illnesses claim the lives of approximately 107,000 people across the globe each year.

Unfortunately, some individuals are not aware of the serious risks posed by asbestos exposure. For instance, Maurice Gilbert, who worked around asbestos mines for 19 years, joked to The Globe and Mail that he had never sneezed in his life. Unfortunately, the symptoms of asbestos-related illnesses typically do not manifest themselves until decades after initial exposure to the material, so the true impact may not be immediately apparent.

Action Mesothelioma Day – Friday 6th July 2012

Action Mesothelioma logoWe support the following press release from the Merseyside Asbestos Victim Support Group (MAVSG)

An Asbestos Tsunami – The Need for a Global Ban

At the end of June the Quebec Government announced that a loan agreement of $58 million to re-open the Jeffrey Asbestos Mine would go ahead and that the mining of chrysotile (white) asbestos would start once again. This is despite the Quebec Government’s own health authority and the Canadian Medical Association calling for an end to the production and use of asbestos. Five million tonnes of asbestos will now be exported from the Jeffrey Asbestos Mine to developing countries, such as India, over the next 20 years.

The Quebec mines were once the world’s biggest producer of asbestos but had been closed for some months due to financial and operational difficulties. Canada no longer uses the asbestos that they mine but export the raw mineral ore to the developing world instead.

There has been international condemnation of this loan agreement, especially from health campaigners in India. John Flanagan of the Merseyside Asbestos Victim Support Group said –

“This decision came just a week before Action Mesothelioma Day when mesothelioma victims are remembered and their lives commemorated. This is truly shocking news. Shame on Quebec for putting profits before the lives of some of the poorest and most vulnerable people in our world! And shame on Canada for this blatant hypocrisy. Canadian citizens are subject to a de-facto ban on the use of asbestos yet people in developing countries are not given the same protection. This year more than ever we need the support of the community to ensure all necessary steps are taken to eradicate asbestos from the global environment”.

Laurie Kazan-Allen – Editor of the British Asbestos Newsletter & Coordinator of the International Ban Asbestos Secretariat said –

Action Mesothelioma Day 2012 is a time to reflect on developments regarding the rights of UK asbestos victims. Will these rights still be upheld in the face of a major assault by defendants and insurers? Around the world the use of asbestos continues to endanger the health of millions of innocent people.  UK asbestos victims speak with one voice when they call for an international ban on the use of asbestos.”

On June 27, 2012, Barrister Krishnendu Mukherjee in his keynote presentation to the annual asbestos seminar of the All Party Parliamentary Asbestos Sub-Group revealed that British companies, including banks and financial institutions, are investing in the Indian asbestos industry; his naming of British financial stakeholders stimulated a great degree of concern and discussion amongst seminar delegates who were appalled that this deadly trade was seen as a legitimate investment for British institutions. Asbestos campaigners will be taking this issue to the Government and demanding that this financial support for an industry which is killing workers and members of the public in India is terminated immediately.

Asbestos victims and their families will be attending Action Mesothelioma Day at Liverpool Town Hall at 11.00am – 3.00pm. The focus this year this will be on “the need for a worldwide ban on the mining, manufacture, and use of all forms of asbestos”.  At the event in Liverpool, there will several guest speakers giving presentations on the need for an international ban on the use of asbestos, the health effects of mesothelioma and the role of respiratory nurses. At 12pm (noon) there will be a release of sponsored Doves in tribute to all those who have suffered from mesothelioma. Asbestos victims, Civic Dignitaries, MP’s and local children will all take part in this event.

 

There is also an event being held on Thursday 5th July at John Moore’s University. Several short films including the BBC Horizon Programme “The Killer Dust” are being shown from 6.30pm at 68 Hope Street, Liverpool. Laurie Kazan Allen will also be giving a brief talk afterwards.

Judge Rules that a Company Cannot Avoid Asbestos Liability by Dissolving

In a victory for the family of our client, Troy Morgan, whose life was taken by asbestos-related mesothelioma, Alameda County Superior Court Judge Jo-Lynne Lee ruled June 29, 2012 that a company cannot by dissolving avoid liability for its role in causing Mr. Morgan’s death. International Vermiculite, Inc., an Illinois corporation, supplied asbestos-containing materials to Kaiser Refractories and others in California in the 1960’s and 1970’s.  It then dissolved in 1984.

Illinois law potentially bars claims against a corporation that are brought more than five years after the corporation dissolves.  But California Corporations Code section 2010 allows a dissolved corporation to be sued and does not impose any time limit on such suits.  International Vermiculite argued that Illinois law should apply to bar the Morgan family’s lawsuit against it.  Judge Lee disagreed and found that California Corporations Code section 2010 allows the Morgan family’s claim against International Vermiculite to proceed.

As Judge Lee observed in her ruling, an out-of-state corporation that has benefited from doing business in California, and marketed a product in California that will potentially inflict injury many years later, may not by dissolving avoid liability for injuries inflicted by the product.

Kazan Law associate Ian Rivamonte’s work produced the wonderful result on this issue.  The case is Morgan v. A.W. Chesterton Co., et al., Case No. RG11608703.

International Experts Gather to Discuss Developents in the Global Asbestos Industry

Member of Parliament John Cryer, Barrister Tublu Mukherjee, Canadian Ban Asbestos activist Kathleen Ruff

Member of Parliament John Cryer, Barrister Tublu Mukherjee, Canadian Ban Asbestos activist Kathleen Ruff

The latest developments in the global asbestos industry were discussed during the annual seminar of the Parliamentary Asbestos Sub-Group in the House of Commons in London earlier this week.

The meeting featured presentations from a number of UK specialists and international experts, who updated the asbestos victims community, environmental activists, lawyers and campaigners on the dangers of the carcinogenic substance and its continued use around the world.

Keynote speaker Barrister Tublu Mukherjee delivered a presentation on the issues of asbestos in India, noting that consumption of the material has grown due to commercial and political reasons. Specifically, Mukherjee pointed to the role of British institutions, which have helped to keep the industry afloat in India. Mukherjee’s comments sparked discussions among delegates to determine which steps should be taken to reduce Britain’s role.

The presentation that perhaps highlighted the importance of the meeting the most, though, was “The Asbestos Frontline,” delivered by Canadian Ban Asbestos activist Kathleen Ruff.

‘Huge Gains’ in Canadian asbestos industry

Only a few short years ago, the asbestos industry was widely supported in Canada, including by every political party in the Canadian House of Commons and the Quebec National Assembly, Ruff noted. Since that time, though, support for the asbestos trade has dwindled, led by scientists, government health officials and public health organizations. These groups have come out in opposition of plans by the Canadian government to revive the industry and claim that asbestos can be used safely.

Fortunately, the opposition to the asbestos industry has science on their side in this instance. Asbestos, which was once widely used because of its fire-resistant properties and utility as an insulator, has been proven to cause a range of serious diseases since the mid-1960s. Overall, these illnesses – which include asbestosis, lung cancer and malignant mesothelioma – claim the lives of approximately 107,000 people around the world each year, according to estimates from the World Health Organization.

As Ruff notes, Canada is currently at a critical stage in terms of asbestos, as although mines have been closed and opposition has grown, plans remain in place to revitalize the industry. The most important thing anyone can do, Ruff says, is to continue to put pressure on government officials and raise awareness at international meetings.

Read more about the Westminster Asbestos Seminar.

History of Civil Liability and Compensatory Damages

In biblical times oxen performed duties in society that are now accomplished by oil, power and machinery. These very important animals were big, strong, and potentially dangerous. The evolution of modern American law on civil liability and compensatory damages goes back to the bible’s discussion of the law relating to oxen in Exodus XXI.

In this fourth video in my series, The Bible and Our Civil Justice System, I discuss how this law developed and how it changed the way society is organized.

 Related posts:

Introduction to the History and Evolution of Law

History of Personal Injury Law and Our Civil Justice System

History of Construction Law and Our Civil Justice System

History of Product Liability Law

History of Punitive Damages and Our Civil Justice System

Latest Breakthrough in Experimental Mesothelioma Treatment: Antibody-Drug Conjugates

cellsRoughly a century ago, German immunologist Paul Ehrlich was staining cell cultures when he had a radical thought. He wondered, if staining techniques could target a single strain of bacteria, then what’s to stop scientists from eventually developing a “magic bullet” treatment for every disease, one that is highly targeted and has few or no side effects? As a chemotherapy pioneer, Ehrlich even broadened this notion to include cancers.

Though he never saw anything like it in his lifetime, today, Ehrlich’s dream may have been finally realized. That’s because scientists are currently testing an experimental form of cancer treatment, called antibody-drug conjugates (ADCs).

This unusual form of cancer treatment combines homing ability of human antibodies with the cancer-killing power of chemo drugs or cytotoxins. Such innovations may soon be the “magic bullet” for treating malignant pleural mesothelioma (MPM) and other severe diseases.

A new direction in mesothelioma research

ADCs have gotten quite a bit of attention lately, and for good reason. Clinical studies have shown that a such drugs can have remarkable tumor-shrinking properties, while causing fewer and less severe side effects than traditional chemotherapies.

In fact, ADCs are such a hot topic right now that they recently appeared as the subject of a New York Times article on cutting-edge breast cancer therapies.

Stephen Evans-Freke, a general partner of a pharma investment firm, told the newspaper that preliminary ADC trial results make them look exceedingly promising – for patients and pharmaceutical manufacturers alike.

“I don’t think there is a major pharma or a mid-sized pharma with interest in cancer that doesn’t have [an ADC] program or isn’t scrambling to put one together,” he explained.

So what are ADCs and how do they work?

Two halves, linked

At its simplest, an ADC consists of three things. First, a human antibody (or immune protein) that identifies a specific form of cancer. This is then attached to a chemotherapy agent or cytotoxin. The third bit, and a critical one at that, is the small molecule that links the first two.

When introduced into the bloodstream, ADCs do not attack indiscriminately, they way traditional chemo agents do. Instead, their targeted antibodies allow them to seek out tumors and deliver the cytotoxins, which then kill malignant cells.

According to the Society of Toxicology, this unique construction makes ADCs something of a molecular guided missile, increasing the maximum tolerated dose and decreasing the minimum effective dose.

And their targeted nature gives ADCs unmatched potential. In an article for Genetic Engineering and Biotechnology News (GEBN), pharma developer ImmunoGen estimated that ADCs are often between 1,000 and 10,000 as potent as typical chemo drugs.

All these characteristics could make these novel formulations a welcome new weapon in the fight against mesothelioma.

A not-so-novel idea, reborn

While ADCs may sound brand-new, they have been in the works since the 1980s. However, according to GEBN, they suffered a decline in popularity that lasted nearly 25 years. It only ended around 2005, when clinical trials began revealing the wonders that such drugs can accomplish.

Today, dozens of ADCs are in development, at least one for every major type of cancer – MPM included. In 2011, researchers from Bayer Pharmaceuticals registered BAY 94-9343, an ADC that targets mesothelin, a protein that is overproduced in all forms of mesothelioma.

Using a cytotoxin called DM4, this drug binds to and kills only cells that produce mesothelin – and the more mesothelin a malignant cell creates, the more likely it is to absorb BAY 94-9343 and die.

At Kazan, McClain, Lyons, Greenwood and Harley, we know that it’s treatment developments like this that give MPM patients continued hope of living a longer, fuller life.

Related articles:

Mesothelioma Clinical Trials: What They Are, How They Work, How to Participate

5 Doctors Receive Mesothelioma Research Grant Awards

A Memorial Tribute to Mesothelioma Victim Eric Weston

Eric Weston

Eric Weston

What follows are excerpts from Eric Weston: Life, Art, and Passions, a memorial tribute to our client who lost his life to mesothelioma at the young age of 56. This final chapter was written by Betsy Sanders, a very close and longtime friend to Eric.

In July of 2008, Eric noticed he was becoming short of breath. He felt some pressure on his lungs and felt like there was fluid in his lungs. It took him until early August before he saw his doctor. At that time he had fluid removed from his chest cavity and felt great afterward.

Eric’s doctor, Dr. Andrew Ross, wanted him to see a specialist to find out what was causing the accumulation of fluid; so, he went into Alta Bates in early September for a biopsy. The next day, Steph Zlott was with Eric when his doctor came in to talk with him about what they had discovered. She said, “Well I wish I had good news for you but I don’t. You have mesothelioma.”

His doctor went on to say, “On the outside, if you don’t do anything, we’ll give you a year to a year and a half. You might have as much as five years if you decide to have treatment.”

Gwen went with Eric to see the UCSF oncologists who are known for their aggressive treatment of mesothelioma. He wanted a second opinion before he made any decisions. The diagnosis and treatment options were the same. Soon after the second diagnosis, Eric made the decision not to go through treatments or surgery for his mesothelioma. He did not want to be a “patient” for the rest of his life.

Eric had his ups and downs, but he seldom broke down. He did have some days of depression, but generally lived well in the time he had left.

Eric eventually decided to consult an attorney to determine if he had a viable lawsuit. Eric’s brother, Scott, had a friend who worked for the law firm of Kazan, McClain, Lyons, Greenwood & Harley and they agreed to take the case. They are considered the best law firm for any case relative to mesothelioma. Eric was very impressed with them.

Denise Abrams was one of the senior attorneys at Kazan, McClain, Lyons, Greenwood & Harley. When she met with Eric, she immediately felt a connection and came out of partial retirement to be the lead attorney for the lawsuit. Nearly twenty people from Kazan, McClain, Lyons, Greenwood & Harley worked on Eric’s lawsuit.

I Love You Still

I Love You Still

When Denise and a few others went to Eric’s home, they were amazed at what he had created in his home with his art. Seeing him in his own environment brought things even closer. Eric was so impressed with Denise that he left her a piece of art she had admired, a piece entitled “I Love You Still”.

It took about eight months before a few of the companies decided to settle. Once they settled, more followed suit, so Eric didn’t have to go to trial.

I was very fortunate to have met many of the people from Kazan, McClain, Lyons, Greenwood & Harley who helped Eric through this difficult lawsuit, which ultimately brought him the financial security to live out his final eight months. He bought himself a 2008 911 Porsche and I know he enjoyed the times he was able to drive around the Bay Area and to the beaches of Sonoma County.

February 27, 2010 was a sad day for all Eric’s friends and family. It was also a day of peace because we knew he had been released from the pain.

Look Homeward Anvil

Look Homeward Anvil

Denise Abrams recently wrote the following about this book. “Thanks for this lovely tribute to Eric. It was such an honor to represent him and his case will have a lasting impact for other workers with similar exposures. Eric was a true trailblazer and a quiet giant. We all miss him.”

History of Construction Law and Our Civil Justice System


Our modern civil justice system has its foundation in the bible and reflects an evolution of beliefs and increased knowledge since the earliest development of western civilization, starting some 4,000 years ago.

Hammurabi, the first king of the Babylonian Empire, is known for one of the first written codes of law in recorded history and the initial presentation of the “Eye for an eye, tooth for a tooth” philosophy.

Please join me in my third in a series of videos devoted to understanding the history of the bible and our civil justice system as I discuss the evolution of civil damages, the bible’s version of construction defect law and the first known evidence of uniform building and construction codes.

Related posts:

History of Personal Injury Law and Our Civil Justice System

Introduction to the History and Evolution of Law

History of Civil Liability and Compensatory Damages

History of Product Liability Law

History of Punitive Damages and Our Civil Justice System

 

Mesothelioma Treatment Side Effects: Part 3

blood systemAfter addressing the gastrointestinal side effects of mesothelioma treatments in the second part of this series, we thought we’d continue by covering the ways that chemotherapy can affect your blood and immune health.

Keep in mind that at Kazan, McClain, Lyons, Greenwood and Harley, we believe that mesothelioma patients deserve to know their medical and legal options. That means using online education, seeking patient advocacy and, above all, asking your doctor or lawyer for their expert opinions.

Talk to your physician if you have any of these blood-related side effects of treatments for mesothelioma:

Anemia. Some chemo regimens can lower your red blood cell count, leaving you weak or fatigued. Doctors may give you medicines to reverse this. They will almost certainly encourage you to eat foods with more protein (eggs, peanut butter, fish, red meat) and iron (spinach, collards, red meat, dried beans). If you have anemia, get lots of sleep, take plenty of naps and try short, slow walks every day.

Bleeding. Chemo can make it harder for your blood to clot and wounds to heal. This means that the number-one strategy for bleeding problems is to protect your skin and avoid nicks and cuts. Use an electric shaver, not a razor. Wear shoes as much as possible. Blow your nose gently. Use a soft-bristled toothbrush. Avoid knives, dental floss, toothpicks and sharp objects. Use pads, not tampons. Do not pick at scabs or whiteheads. If you notice bruises, bleeding that won’t stop, or red urine or stool, call a doctor immediately.

Infections. Chemotherapy often delivers a heavy blow to the immune system by drastically reducing white blood cell counts. This makes it very easy to get infections. While you are in the hospital, you will have access to sterile spaces and surfaces, but at home you’ll have to be more careful. A quick and easy method for reducing your risk is washing your hands often with soap and water. Use hand sanitizer regularly. Again, avoid razors and scissors. Don’t squeeze pimples or mess with scabs. If you are catheterized, keep the area as clean as you can. Brush gently.

Finally, avoid germs – that means steering clear of sick people, raw meat or eggs, litter boxes, pet feces, unwashed produce and people who have recently been vaccinated. If you develop a fever (100.5 deg F or higher), chills, sores, rashes, a cough, swelling or unusual joint stiffness, talk to your doctor or nurse immediately.

Related posts:

Mesothelioma Treatment Side Effects: Part 2

Mesothelioma Treatment Side Effects: Part 1

Mesothelioma Treatment by Stage

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