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

Posts by: Steven Kazan

Asbestos Litigation Triumph against Ford Motor Company

Ford Headquarters In a Kazan, McClain, Satterley & Greenwood asbestos case against Ford Motor Company, an Alameda County Superior Court judge on June 1, 2012 denied Ford’s motion to transfer the trial of dying mesothelioma plaintiff Patrick Scott’s case to Napa County. The judge found that maintaining the trial of this case in Alameda County will promote the ends of justice.

In an effort to delay Mr. Scott’s attempt to seek justice for his family while he is still alive, Ford moved to transfer the case to Napa County by inaccurately claiming that numerous Napa County witnesses would be inconvenienced. The Court denied Ford’s motion, holding that the ends of justice require that Mr. Scott’s case remain in Alameda County in order for him to promptly have his case tried while he is still alive. The Court also found that Ford failed to show that transferring the trial to Napa County would promote witnesses’ convenience.

Plaintiffs Patrick and Sharon Scott allege that Ford exposed Mr. Scott to asbestos while he worked on and around Ford vehicles during the 1960s through the 1990s, a period when Ford was well aware of asbestos related health hazards. As early as the mid 1930s, Ford’s operations in Germany were subjected to the Nazi regime’s workers’ compensation rules, which specified that workers’ asbestos related injuries were compensable.

Kazan Law associates Ian Rivamonte and Mark Swanson, together with partner Jim Oberman, prepared the briefing and made the oral arguments to the Court that produced this triumph for the Scott family

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

doctor in conference with patientBy the time physicians start using the word “mesothelioma” around you, it is often already obvious that something is wrong or different. Perhaps your health has been declining, or you’ve had unexplained symptoms. Though a diagnosis of malignant pleural mesothelioma (MPM) is a terrible blow, it can also create clarity. Unexplained symptoms snap into a single, comprehensible order. Treatments become available. And, through clinical trials, options can open up.

But just what are clinical trials for mesothelioma, and how can you use them to your advantage? Here is a quick primer on what are they are, how they work and how to participate in them.

MPM clinical trials: The basics

Every medical treatment used in the U.S. has to first be tested. To begin, scientists do laboratory experiments involving cells and animals, to make sure a regimen is tolerable for people. But ultimately, doctors need to know that a treatment is safe and effective for actual patients. This is where a clinical trial comes in.

These trials are conducted in four phases. A treatment has to be approved in one in order to “graduate” to the next.

Phase 0: Scientists want to establish what a drug does when introduced into in the body. Very few patients participate.

Phase I: Researchers establish whether a drug is safe. Between 15 and 50 patients participate. No placebos are used.

Phase II: If safe, a drug is now tested to see if it is efficacious – that is, if it does what doctors and patients want it to do. Doses and methods vary. Between 25 and 100 people participate. No placebos are used.

Phase III: In this final step, researchers try to determine if a drug is better than what is already available for patients. At least a few hundred people are enrolled, if not more. Placebos may be used.

Drugs that pass Phase III clinical trials are then submitted to the FDA for approval.

Why clinical trials for mesothelioma matter

As the American Cancer Society notes, most people live their lives without needing to think about clinical trials. That’s because, for milder diseases, existing treatments are usually good enough.

However, patients with grave illnesses like mesothelioma are in constant need of new and better medicines. Thus, people who join mesothelioma clinical trials are doing their part to help advance the treatment of MPM.

Clinical trials are not without risks. There is no guarantee that an experimental treatment will work better than an existing one. But for people with mesothelioma, access to clinical trials means having more therapeutic options. Often, MPM patients’ only avenue for trying cutting-edge treatments – like photodynamic therapy, gene therapy or targeted drugs – is the clinical trial.

If you’d like to learn about current trials for mesothelioma, check the website of the National Cancer Institute, which keeps a running list.

Is a mesothelioma clinical trial right for me?

This is a question no one can answer for you. At Kazan, McClain, Lyons, Greenwood and Harley, we stress how important it is to speak with your doctors, specialists, family members and legal counsel before deciding one way or the other.

There are certain factors you will need to weigh.

  • What are the risks and benefits of a particular trial?
  • Does your form of mesothelioma meet its criteria?
  • How advanced is your condition?
  • Have you explored all other available options?
  • What are the costs?
  • How much will your insurance cover?
  • What do you expect to get out of a clinical trial?

This last question may be the most critical. With mesothelioma, it is important to set realistic goals. Clinical trials do not offer cures, but they do present the chance to try a treatment that may extend life by months or even years.

Related posts:

Mesothelioma Treatment Options and Clinical Trials

Current Mesothelioma Treatment Research and Studies

Mesothelioma Treatment by Stage

 

History of Personal Injury Law and Our Civil Justice System

I often hear people say that something is wrong with our civil justice system. Yet most people don’t recognize that the bible provided the foundation for tort law beginning with the story of human society’s first family,  Adam and Eve, and their sons Cain and Abel, in the fourth chapter of Genesis.

Please watch this second part of my video series, The Bible and Our Civil Justice System. I discuss how law was designed to  incorporate the responsibilities we have to each other and  the importance God ‘s plan places on ensuring that we all have access to justice.

Related posts:

Introduction to the History and Evolution of Law

History of Construction Law and Our Civil Justice System

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 2

GI side effectsIn Mesothelioma Treatment Side Effects: Part 1, we discussed some of the most common side effects of treatments for mesothelioma – namely, fatigue, nausea, hair loss and skin damage. In this Part 2, we’ll continue by addressing the gastrointestinal side effects that come from chemotherapy, as well as ways to deal with them.

Chemotherapy is a double-edged sword. On one hand, it is one of the most effective mesothelioma treatments, especially when delivered alongside surgery and radiation therapy. On the other, chemotherapy is notorious for its unpleasant GI side effects.

Still, from our decades of experience helping mesothelioma patients at Kazan, McClain, Lyons, Greenwood and Harley, we’ve found that it is better to know what’s coming so you can be prepared for it.

Here, then, are the GI side effects of chemotherapy for mesothelioma:

  • Loss of appetite. Chemotherapy often delivers a one-two punch to your appetite, by knocking you out of commission with nausea and then preventing you from wanting many meals. Occasionally, chemo may also temporarily play havoc with your sense of taste. To get around low appetite, try eating small meals every couple of hours. Seeing a dietitian is usually helpful, since they can help you optimize every bite you take. Try eating with family or friends. Typically, creamy or hearty soups, thick shakes, protein-heavy meats, cheeses, peanut butter and sweets go down easiest.
  • Digestive difficulties. Some chemo regimens also cause diarrhea or constipation. If you find yourself with loose or watery bowels, your diet may need to shift. Ease off the proteins and eat more easily digested stuff. Applesauce, white rice, toast and bananas are excellent. Drink tea or broth, too. Most importantly, drink as much water as you can, since diarrhea can quickly dehydrate you. This rule holds true for constipation, too. If you have not had a bowel movement in two or more days, eat high-fiber foods, bran, nuts, seeds, vegetables, and drink plenty of fluids. A little physical activity can also help in both cases.
  • Oral/throat problems. After chemo, you might find that your mouth, lips or throat become dry or painful. For chapped lips, use lip balm and sip on water. To keep your mouth and throat moist, drink plenty of fluids. Try sucking on ice chips. If your mouth or throat hurts, eat unspiced or fairly bland foods. Watch out for citrus, which can really sting. Do not smoke or drink alcohol. Let hot foods cool, and warm up cold dishes, to prevent excess mouth pain. Take good care of your mouth by brushing regularly and rinsing with salt water. If you have trouble swallowing or notice white spots or sores in or around your mouth, talk to your doctor about it.

Related articles:

Mesothelioma Treatment Side Effects: Part 1

Current Mesothelioma Treatment Research and Studies

Mesothelioma Treatment Options and Clinical Trials

Introduction to the History and Evolution of Law


In this first in a series of six videos, Steven Kazan lays the foundation for an understanding of the origins of law and its evolution over the centuries. Learn about the role of the Romans in the development of civilization and how the Romans’ adoption of Christianity led to the bible becoming the source from which our civil justice system operates today.

Related posts:

History of Personal Injury Law and Our Civil Justice System

History of Construction Law and Our Civil Justice System

History of Civil Liability and Compensatory Damages

History of Product Liability Law

History of Punitive Damages and Our Civil Justice System

5 Doctors Receive Mesothelioma Research Grant Awards

laboratory researchCompared to other malignancies, mesothelioma is relatively rare. Out of the more than 1.6 million cancer diagnoses made every year in the U.S., only about 3,000 are of mesothelioma, according to the National Cancer Institute and the American Cancer Society. While these numbers might make it sound like few scientists would be interested in investigating this disease, this could not be further from the truth.

Dozens of scientific teams are currently laboring over the causes of, treatments for and best methods of detecting mesothelioma. Recently, the Mesothelioma Applied Research Foundation awarded special grants to five researchers whose work is especially innovative.

Mesothelioma research requires advocacy, support

The 2011/2012 Mesothelioma Research Grant Awards (MRGAs) will help scientists examine this disease from several distinct angles. With the support of partners like Kazan, McClain,  Lyons, Greenwood and Harley, the Meso Foundation hopes to support the efforts to detect, treat and even cure mesothelioma.

Here are this year’s five grantees.

Dr. Tao Dao of the Memorial Sloan-Kettering Cancer Center is conducting research into immunotherapy for mesothelioma. He proposes using special antibodies in the human body to target WT1, a protein made by tumors. Dao’s approach involves using monoclonal antibodies, which have the potential to locate WT1 even though this protein occurs within (rather than outside of) malignant cells. This form of treatment could also apply to many other cancers.

Dr. Assunta DeRienzo of Brigham and Women’s Hospital has begun mapping the entire genome of 10 different mesothelioma tumors. With the help of this year’s MRGA, such genetic profiling could potentially locate the DNA mutations responsible for the rise and spread of mesothelioma.

Dr. Marc Ladanyi, also of the Memorial Sloan-Kettering Cancer Center, will use his MRGA to investigate the effects of BAP1 inactivation. Tests have found that in nearly half of all mesothelioma tumors, a particular gene – named BAP1 – is deactivated. Dr. Ladanyi proposes three separate experiments to examine how this genetic change contributes to mesothelioma.

Dr. Liang-Chuan S. Wang of the Perelman School of Medicine at the University of Pennsylvania is investigating the connection between interferon-gamma (a protein vital to immune response) and mesothelioma. This research will also look at how the disease becomes resistant to chemotherapy.

Finally, Dr. Nadia Zaffaroni of Milan’s Fondazione IRCCS Istituto Nazionale Tumori will use her grant to investigate microRNA as a biomarker for mesothelioma – and, possibly, as a target for therapies.

Appellate Judge Upholds $13.5 Million Award in Asbestos Case

In separate decisions, a California appeals court recently affirmed  punitive-damages awards totaling $ 13.5 million  that the jury returned in a Kazan, McClain, Satterley & Greenwood asbestos case  against ArvinMeritor, Inc. and Pneumo Abex, LLC, describing ArvinMeritor’s conduct as “highly reprehensible”  and concluding ample evidence supported Pneumo Abex’s ability to pay its portion of the award.

Writing for the First Appellate District, Justice Ignazio Ruvolo wrote on April 19 that ArvinMeritor, the successor to brake shoe manufacturer Rockwell, knowingly exposed workers to asbestos without placing warnings on its products for years.

“By the 1960s, ArvinMeritor knew that workers exposed to asbestos dust were at risk of developing asbestos-related diseases,” Ruvolo wrote. “Indeed, in 1973 and again in 1975, it wrote letters to (Pneumo Abex) and other manufacturers complaining about the presence of asbestos dust in the brake linings it was receiving from them. Nonetheless, ArvinMeritor did not place any warnings on its products until the early 1980s, and continued to market asbestos-containing brakes until its inventory of them was exhausted sometime in the early 1990s.”

On April 26, the same appellate court concluded that the evidence adduced at trial — including that Pneumo Abex obtained $207 million upon the sale of its asbestos-containing brake-lining business in 1994 — fully supported the $9.5 million award the jury assessed against Pneumo Abex.

Couple wins fight for compensation

Gordon Bankhead, who worked as a parts man repairing heavy duty vehicles between 1965 and 1999, regularly handled  and worked in proximity to brakes  that contained asbestos , which led him to inhale the carcinogenic mineral fibers.

Mr. Bankhead spent the majority of his career with Sea-Land Shipping Company, which purchased brake shoes from ArvinMeritor predecessor Rockwell  and other suppliers that contained asbestos-containing linings manufactured by Pheumo Abex.  Mr. Bankhead  was diagnosed with malignant mesothelioma in January 2010 .

We  represented Mr. and Mrs. Bankhead in a trial that began on October 25, 2010.  The evidence indicated that the companies involved were aware of the dangers of asbestos exposure for a number of years, but Rockwell did not stop selling asbestos brakes until 2000.

Gordon Bankhead, who died last October as a result of  his mesothelioma, and his wife Emily were  awarded $ 13.5 million in punitive damages and  nearly $ 4 million in compensatory damages.

Award highlights the deadly risks of asbestos

The compensation award to the Bankheads following their legal battle represents the latest instance of companies being held liable for their actions that contributed to the diagnoses of serious illnesses.

Mesothelioma Lawsuit Resolved for DIY Home Improvement Asbestos Exposure Victim

Rick Fenstermaker and his son Ross at a 2010 World Series game In 2011 the Fenstermaker family of Alameda, California received some news that changed their world. Husband and father Rick Fenstermaker was diagnosed with mesothelioma, an incurable cancer caused by breathing invisible, odorless asbestos dust.

Rick Fenstermaker earned his success through hard work and hands-on education. In the 1970s he bought fixer-uppers. He worked on the houses himself: he patched and repaired walls, installed new windows, fixed roofs, and made the homes desirable to tenants. Rick took care of all the property management and maintenance for the homes he rented to his tenants.

Rick and his wife Eve used this entrepreneurial experience to build a thriving realty and brokerage business. Rick and Eve were close supportive partners in both business and home. They raised three children together and enjoyed the successes their perseverance brought.

What they didn’t know is that some of the products Rick used in the 1970s contained asbestos.

Kazan Law’s investigation revealed that the asbestos products Rick used had the same brand of asbestos, called “Calidria.” Calidria was mined, milled, and marketed by the Union Carbide Corporation, a subsidiary of Dow Chemical Company.

Trial commenced on January 23, 2012. Firm principal Dianna Lyons and associate William Ruiz served as lead trial counsel with law and motion support from associate Michael Stewart. The case resolved to the parties’ mutual satisfaction after “mini-opening statements” and plaintiffs’ counsel’s first round of jury voir dire.

Rick fought through extensive surgery and chemotherapy with Eve always by his side. Sadly, Rick finally succumbed to his illness and passed away on April 9, 2012, at his home and surrounded by his family.

New Legislation Ignores the Tragedy of Asbestos Diseases Felt Around the World

Ghost town Wittenoom has been removed from road signs and maps

Ghost town Wittenoom has been removed from road signs and maps

The serious consequences of asbestos exposure can be felt in all corners of the globe in the form of lung cancer, asbestosis and malignant mesothelioma diagnoses. One town in Western Australia, Wittenoom, has been particularly hard hit by the tragedy of asbestos-related illnesses, with estimates suggesting the community has lost 10 percent of its residents to mesothelioma.

The Wittenoom tragedy stems from an asbestos mine by the same name that was operated by the Australian multinational CSR (Colonial Sugar Refinery) and its subsidiary Australian Blue Asbestos. Despite knowledge that exposure to blue asbestos can cause a number of serious health issues, the owners of the mine allowed operations to continue in Wittenoom until 1966, according to Laurie Kazan-Allen, the Coordinator of International Ban Asbestos Secretariat (IBAS).

During the period from the early 1940s until the mine’s closure in 1966, more than 20,000 people have lived in the Australian town, including more than 4,000 children. The risk of asbestos exposure is particularly alarming for children, as the symptoms of related illnesses typically do not manifest themselves until decades after initial exposure. This means young children who inhale the carcinogenic mineral fibers may begin to suffer serious health issues in their 20s and 30s.

Asbestos tragedy highlighted in individual stories

Derryn Carnaby, who lost both her parents and two brothers to mesothelioma, was fortunate enough to be born after her family had left the town. Carnaby has decided to use this good fortune to make a difference, becoming a member of the Asbestos Diseases Society of Australia (ADSA) and spearheading a charity walk to raise funding for the research of asbestos-related diseases.

Bev Bertocchi, whose husband and mother-in-law passed away due to mesothelioma in recent years, has been training for the walk from Kalgoorlie to Perth for weeks, according to Kazan-Allen. She hopes to raise awareness and secure funding for asbestos research.

Legislation leaves victims behind

While the town of Wittenoom may be thousands of miles away, the effects of asbestos-related illnesses can also be seen in the U.S, where approximately 2,500 people are diagnosed with mesothelioma each year, according to the National Cancer Institute.

Despite this, recent legislation has taken aim at victims seeking to gain the justice they deserve. Michigan Governor Rick Snyder, for instance, approved a bill that limits the ability of asbestos victims to recover compensation from the responsible parties. Michigan House Bill 4601 is specifically designed to protect corporations that purchased companies responsible for exposing individuals to asbestos.

As this bill passed, two of Michigan’s major news outlets, the Detroit Free Press and the Grand Rapids Press, remained silent on the legislation, Media Matters reported.

Venezuelan President Hugo Chavez Reportedly Suffering from Mesothelioma

Hugo Chavez

Hugo Chavez

Venezuelan President Hugo Chavez skipped the Summit of the Americas and headed to Cuba for medical treatment after he was recently diagnosed with peritoneal mesothelioma, according to reports.

Venezuelan Foreign Minister Nicolas Maduro made the announcement from Colombia, where he was in attendance for the meeting in place of Chavez, according to the Washington Post. Maduro told a local television station that the president was advised by doctors not to attend the summit.

The Post reports that the decision for Chavez not to attend the meeting with President Barack Obama and other world leaders could spark questions about the Venezuelan president’s political future.

“For more than a dozen years he has been at the center of attention at these hemispheric gatherings,” Michael Shifter, president of the Inter-American Dialogue think tank in Washington, D.C., told the news source. “His cancer, coupled with political problems at home, constrains his regional and global role.”

Venezuela’s asbestos consumption put in spotlight

President Chavez’s diagnosis of mesothelioma, an asbestos-related cancer, puts Venezuela’s use of asbestos under the microscope. The country, which was one of the earliest adopters of asbestos in South America, was the second-largest importer in 1960.

Between 1960 and 1975, Venezuela’s asbestos imports grew six-fold, and in 2010 the country consumed an estimated 910 metric tons, according to the U.S. Geological Survey. Though that number pales in comparison with countries like India and China, the simple fact that asbestos use has not been banned in Venezuela raises major questions.

Chavez, who is running for re-election in October, recently told a group of supporters that his strength has been impacted by the radiation therapy he’s received, but added that he was “doing well,” according to the Post.

Asbestos-related illnesses remain prevalent around the world

While countries like Venezuela have not banned the use of asbestos, a number of others have done so. Still, asbestos-related diseases such as malignant mesothelioma, asbestosis and lung cancer continue to be diagnosed around the world.

A mesothelioma diagnosis for a major public figure like Hugo Chavez sheds light on the reality that asbestos exposure remains a significant crisis. According to the World Health Organization, approximately 107,000 individuals around the world succumb to asbestos-related diseases each year.

Get a Free Case Evaluation
The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.