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Canada’s Anti-Asbestos Movement Gains Steam

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asbestos fibersDespite the fact that Canada is one of the few developed countries to still attempt to be active in the asbestos trade, its citizenry has largely been a vocal opponent of the industry.

A variety of Conservative politicians – including Prime Minister Stephen Harper – and industry executives have been working hard to reinvigorate the flagging industry through loan guarantees and the like. Despite their efforts, there are currently no asbestos mining operations taking place in Canada, and part of this can likely be attributed to the prominent protests of many of the country’s residents.

And the citizens’ outcries are only getting louder, as more and more people join the ranks of people decrying the mining of the substance that has been proven to cause asbestosis, lung cancer and malignant mesothelioma for five decades.

Descendant of prominent asbestos miner joins protests

Vancouver’s Susan Henry is related to Andrew Stuart Johnson, who founded the Johnson Mine Company in Thetford Mines, which was the first operational asbestos mine in Canada, according to the Montreal Gazette.

Henry has now joined people who are trying to end asbestos operations in Canada.

“Although my great-great uncle, Andrew S. Johnson, founded his mine… in good faith, the intervening years have revealed the very dangerous nature of asbestos,” Henry wrote to members of the David Suzuki Foundation recently. “It is deeply disturbing to me that we are now poised to ramp up exports to developing countries, when we are fully aware of how lethal this mineral can be.”

Opposition to asbestos policy growing louder

The David Suzuki Foundation has a goal of sending 10,000 messages to Prime Minister Harper and Quebec Premier Jean Charest to get them to stop trying to reopen the Jeffrey asbestos mine.

Quebec had promised developers that it would guarantee a $58 million loan to Westmount-based Balcorp Ltd. so that the company could expand the mine. The government and asbestos industry backers have argued that such an operation would put people back to work and help revitalize the area’s economy.

However, anti-asbestos advocates, along with the global medical community, have correctly pointed out that the toll that asbestos takes on a population isn’t worth any amount of jobs or money.

Asbestos-related illnesses are responsible for killing 107,000 people each year around the world, according to the World Health Organization.

Mesothelioma and Pain: What to Expect and How to Manage It

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If you have mesothelioma, you’ve probably begun to experience some pain. With that pain can come worries about what lies ahead. This is totally understandable. It’s natural to worry about pain and to have questions about dealing with the discomfort of mesothelioma.

Fortunately, you and your family have lots of palliative care options to choose from. These will help you get through your treatments as comfortably as possible.

At Kazan, McClain, Lyons, Greenwood and Harley, we’ve spent countless hours helping people with asbestos exposure explore their legal and medical options during all stages of mesothelioma. Here are some things we’ve learned about how you can minimize pain caused by the disease.

1.  Remember that worrying about pain is normal. It’s a sign that you’re concerned about your health and planning for the future.

2.  Keep in mind that your doctors will be consistently focused on keeping you as pain-free as possible. Abdominal aches, twinges and generalized pain are some of the most common symptoms of mesothelioma. For this reason, most treatments for the disease are specially designed to increase your comfort level.

In the first stages of mesothelioma, your doctor will probably talk to you about your oral and intravenous medication options. Pain-relieving drugs are available in many different strengths, depending on what you need.

Be honest with your physician about your pain level. Don’t try to tough it out. You deserve to be as comfortable as possible.

If you have symptoms like nausea or trouble swallowing, there are medications that can reduce these symptoms.

In the more advanced stages of mesothelioma, you will have the opportunity to consider surgeries that remove fluid or tumor tissue from your chest. This can ease pressure in your abdomen, helping you breathe freely, improving your ability to swallow and soothing chest or back aches caused by mesothelioma.

Radiation therapy has also been proven to decrease mesothelioma-related pain. This treatment may have side effects like nausea, exhaustion or tender skin, but doctors can minimize these irritations with medication.

At Kazan, McClain, Lyons, Greenwood and Harley, we also recommend talking to a pain management specialist.

These professionals can explain your advanced options, like implants that deliver pain-killing compounds directly to the spinal cord, giving you maximum relief and allowing you to spend pain-free time at home.

Pain management specialists can also teach your loved ones to help you with your at-home regimen. Using palliative care and family assistance, you can stay at ease and maintain a comfortable quality of life as long as possible.

Related articles:

The Stages of Mesothelioma: What Can I Expect After My Diagnosis?

Strategies for Coping with a Mesothelioma Diagnosis

The Stages of Mesothelioma: What Can I Expect After My Diagnosis?

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doctor with patient in hospital roomIt’s numbing, in a way, to discover that you have malignant pleural mesothelioma, but this feeling doesn’t last. What comes next? With a little help from friends, family, doctors and legal counsel, your shock can quickly turn to concern, hope and even optimism.

At Kazan, McClain, Lyons, Greenwood and Harley, we’ve spent decades helping the victims of asbestos exposure come to terms with mesothelioma while navigating their legal and medical options. If you or a loved one has been diagnosed with mesothelioma, you may be wondering how to begin grappling with the illness.

While it is tempting to maintain some ignorance about mesothelioma, the knowledge of what’s to come can be genuinely helpful. It can help you work through your feelings. It can give you time to learn about your palliative care options. It might also calm you down to know more about the road ahead.

For these reasons, most physicians will begin by telling you what to expect from the disease itself. Here, then, is a brief summary of the stages of mesothelioma.

Mesothelioma Stage I

At this point, the disease is located on one side of the chest only. Though there are four stages of mesothelioma, only Stage I is considered “local.” Because the disease is very aggressive, all the rest are “advanced” by definition. For this reason – and because it can take years or even decades for mesothelioma to show symptoms – few cases of the illness are diagnosed at Stage I.

Mesothelioma Stage II

In Stage II, tumor has spread around the lung lining, into the diaphragm or has invaded the lung itself.

Mesothelioma Stage III

At this stage, mesothelioma may also be found in the tissue surrounding the heart, in the ribs and in the soft tissue and lymph nodes of the chest.

Mesothelioma Stage IV

In this stage of mesothelioma, it may spread nearly anywhere. Typically, it is found in both halves of the chest and in the lower abdomen. It may also involve the spine, the brain or more distant places.

Remember:

  • You have plenty of palliative care options to choose from, some of which can greatly extend life expectancy and most of which will make you much more comfortable.
  • Ask your doctor all the questions you like. The more information you know, the better.
  • Know your legal and clinical options.

Related articles:

Mesothelioma and Pain: What to Expect and How to Manage It

Strategies for Coping with a Mesothelioma Diagnosis

Mesothelioma Treatment Options and Clinical Trials

Canadian Asbestos Mine Operation Files for Bankruptcy

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asbestos mineThe worldwide medical community has agreed for nearly five decades that asbestos exposure could cause a number of serious illnesses including malignant mesothelioma and asbestosis. However, that has not stopped Canada from continuing to mine and export the naturally occurring substance.

Despite the efforts of the Conservative government and the shameful lobbying of industry groups, it appears that the bell has finally tolled for at least part of the Canadian asbestos industry.

LAB Chrysotile Inc. recently filed for bankruptcy, according to the Montreal Gazette. The news provider reports that the company is one of two potential asbestos firms that could survive.

The bankruptcy, combined with the halting of operations at Quebec’s Jeffrey Mine, means that there are currently no active asbestos mining operations in Canada.

Company buries head in sand, says it will seek to continue

LAB, and the Canadian asbestos industry as a whole, denies that chrysotile – or white – asbestos is a health risk if it is handled properly, despite the irrefutable evidence that exposure to the substance can cause deadly diseases.

The company’s CEO Simon Dupéré says that he hopes that operations at the asbestos mine will soon pick up under a new structure, and also alludes to the fact that his industry is the victim of a smear campaign.

“I’m convinced we can relaunch the mine. We’re going to push for a plan of action, talk to all the players,” he said to the Globe and Mail. “We’ve been fighting [the negative publicity]. I’m convinced that this product can – and is – used in a safe fashion.”

Asbestos shipped to developing countries

Much of the asbestos is sent to developing countries around the world, most notably India. There, industry advocates say, the material is needed due to its insulating properties and resistance to flame.

“It’s prized in many places as a low-cost infrastructure-building material,” says Dupéré.

However, it is unlikely that all people in these countries are fully aware of the dangers of asbestos. And even if they were aware it is impossible to protect one’s self completely from exposure to the substance

This exposure can cause malignant mesothelioma, asbestosis and lung cancer.

All told, the World Health Organization estimates that such asbestos-caused illnesses claim the lives of 107,000 people each year around the world.

Safe Demolition Essential to Avoid Asbestos Exposure

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demolition siteDemolition projects are rife with hazards and not just those that come from falling debris and heavy machinery. The presence of asbestos in a building that is to be torn down presents a number of dangers as such work can allow the naturally occurring mineral’s fibers to become airborne, which can have deadly consequences.

The inhalation of asbestos fibers has been proven for decades to cause a number of serious illnesses such as lung cancer, asbestosis and malignant mesothelioma.

Recognizing these dangers, action has been taken at two sites in the northeastern part of the United States regarding potentially dangerous demolition projects.

Massachusetts officials claim violations at shed demolition

Officials in Holliston, Massachusetts, said that the town’s Water Department violated local and state laws protecting wetlands when it knocked down a shed.

MetroWest Daily News reports that a truck damaged the shed over the summer and the building was torn down shortly thereafter.

Town Conservation Commission and Board of Health member Richard Maccagnano said that such action was unacceptable as asbestos may have been present in the structure, which was reportedly built in 1958.

Maccagnano said that the department needed permission to perform such a demolition, something Water Commission Chairman Dennis Ferreira says he did not know.

“We weren’t aware that we needed a special permit to do it,” he told the news source.

Currently tests are being conducted on the structure and it is expected that the demolition debris will be removed soon.

New York business owner angered over potential demolition of shop

The owner of the old Peters Dry Cleaning in Lockport, New York, said that he would sue the city if it proceeds with emergency demolition plans on the structure.

A wing of the facility – which was built in the 1920s and ’30s – collapsed in mid-December and owner Patrick McFall was ordered to obtain an asbestos report for the structure. However, McFall insists that his building is asbestos free and said that he would file a lawsuit against the city if they tore his building down.

However, Chief Building Inspector Jason Dool says that the store likely contains the substance.

“Certainly you can’t tell by a set of blueprints. It could be in plaster, it could be in window caulking,” he told the Buffalo News. “Due to the age of the building and everything else, I would not be surprised if there were asbestos in the building.”

Dool added that the city has the authority to tear unsafe buildings down, but acknowledged that a walk-through of the structure is likely needed.

These incidents show that demolition of asbestos-containing structures need to be taken seriously.

Casale Monferrato Council Signs ‘Pact with the Devil’ Over Asbestos Contamination

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It’s a good thing the mayor and town council of Casale Monferrato, Italy, weren’t presiding over the Nuremberg Trials following World War II, as it’s now clear that these individuals care little about serving justice to the parties responsible for severe crimes.

Reports indicate the town council, led by Mayor Giorgio Demezzi, has decided to accept a deal referred to by many as a “pact with the devil.” The deal involves an 18 million euro settlement offer from former asbestos executive Stephen Schmidheiny, who is on trial for his role in the asbestos contamination caused by the Eternit factory.

According to Laurie Kazan-Allen, the Coordinator of International Ban Asbestos Secretariat (IBAS), the council’s decision to accept the settlement was made more than two weeks before Schmidheiny’s deadline of December 31. A verdict in the case was scheduled to be handed down on February 13, 2012.

Church authorities back asbestos victims

The news of the settlement, which will reportedly protect Schmidheiny from liability in this case and any future asbestos transgressions in the town, has hit asbestos victims and their families hard.

A number of groups, from trade unionists to church officials, have expressed their support for these victims and publicly denounced the decision by the town council allowing Schmidheiny to skirt the ramifications of the legal system.

Kazan-Allen noted a spokesperson for the social department of the Church Dioceses said church authorities had “asked the Lord to give those who govern the City of Casale the courage and the judgement to pursue the common good, which is never the sum total of individual good or balancing the books, but something greater and more noble.”

Politicians choose euros over justice

The speed with which the Casale Monferrato town council and mayor accepted the settlement, coupled with the fact that they reportedly refused to show victims a draft of the proposal, suggests these politicians were blinded by the substantial sum of money.

Such a move comes at the expense of asbestos victims, many of whom have died as a result of illnesses such as lung cancer, asbestosis or malignant mesothelioma, a rare form of cancer. Many others are still suffering from the diseases, with treatment options limited due to the fact that diagnoses often occur too late.

As Kazan-Allen puts it, Casale Monferrato has accepted Schmidheiny’s “blood money,” failing to see the “human tragedy” that has occurred right in front of their eyes.

Chemical Company BASF Catalyst Seeks Dismissal of Lying Accusations in Asbestos Case

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court gavelInternational chemical company BASF Catalyst and its corporate law firm recently asked a New Jersey federal court to dismiss charges that it allegedly lied to asbestos disease victims and their families about the presence of the carcinogenic substance in its talc.

According to Public Justice, an amicus brief was filed in the class-action Williams, et al. v. BASF Catalyst, LLC, et al. case on behalf of the victims and their families, claiming the company and its attorneys should not be able to get away with conspiring to hide the asbestos risk in the talc.

The brief asserts that as a result of BASF’s attempts to conceal the asbestos danger, some members of the class either did not seek injury claims or had their cases dismissed by courts.

Chemical company seeking ‘litigation privilege’

BASF and its corporate law firm are attempting to squeeze their way out of the case through a “litigation privilege” under New Jersey law that reportedly protects companies against civil liability for communications designed to “achieve the objects of litigation,” according to Public Citizen.

Through this protection, the chemical company actually claims that its decision to withhold and destroy evidence was legitimate because it was an attempt to “obtain in the asbestos cases favorable results, which is the ultimate goal in any litigation.”

In the amicus brief, however, Public Justice notes that the ultimate objective in every litigated case is to seek truthful, accurate testimony.

“As the New Jersey Supreme Court has recognized, the goal of litigation is not to win at all costs, as BASF and [its law firm] argue. Rather, the goal of litigation is to search for – and ultimately arrive at – the truth,” noted Public Justice Executive Director Arthur Bryant.

Efforts to conceal asbestos dangers come at the expense of victims

In the Williams class action case, plaintiffs claim an executive with BASF admitted the talc contained asbestos during a personal injury trial decades earlier, but the company’s settlement was on the condition that evidence was kept confidential.

If BASF and its law firm did, indeed, seek to cover up the fact that its talc contained asbestos, it would be the latest example of a troubling trend in which large corporations have sought to protect themselves at the expense of victims.

The victims in the BASF case, who likely suffer from asbestosis, lung cancer or the rare cancer malignant mesothelioma, are not alone, as the World Health Organization estimates approximately 107,000 people around the world succumb to asbestos-related illnesses each year.

Eternit Seeks to Protect Itself, Shed Asbestos Exposure Blame

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Eternit looks to shed asbestos blame in Italy An ongoing trial in Italy is the latest example of an asbestos company looking to skirt the legal system and absolve itself from blame at the expense of exposure victims.

In a recent blog post, Laurie Kazan-Allen, the Coordinator of International Ban Asbestos Secretariat (IBAS), noted that the “Great Asbestos Trial” involving asbestos conglomerate Eternit in Italy is beginning to show signs of corruption.

Specifically, Kazan-Allen wrote that lawyers for Stephan Schmidheiny, one of the two former Eternit executives being taken to court, have been engaging in secret negotiations with a number of municipalities that are directly involved in the case. With a three-judge panel expected to announce a verdict on February 13, the lawyers are seeking withdrawal of civic authorities from the case, which would undoubtedly have serious consequences for exposure victims.

Casale Monferrato offered millions by defendant’s lawyers

Casale Monferrato, the site of the recent international meeting dubbed “A World Without Asbestos” which sought to eliminate asbestos-related diseases around the world, is one town that has reportedly been offered a substantial amount of money from Schmidheiny’s attorneys.

According to Kazan-Allen, the town has been offered up to €20 million to settle the claim and withdraw “from this and any future trials (against Eternit) that it might be involved in.”

But Casale Monferrato is not alone, as the Mayor and town council of Cavagnolo agreed to a deal with the lawyers for €2 million for asbestos decontamination. As part of this “tombstone agreement,” the town said it would not bring any more legal action against the former Eternit executive even if more evidence was uncovered, Kazan-Allen explained.

Potential corruption taking focus away from victims

While the Mayor of Casale Monferrato has publicly stated the town would not consider an agreement similar to the one made in Cavagnolo, a source told Kazan-Allen that Casale’s town council is “refusing to show victims and unions the draft of the (proposed) agreement,” leading to more speculation that the municipality could ultimately give in.

Either way, the attention has been shifted away from the plight of the asbestos exposure victims in this case, many of whom are likely suffering from diseases such as lung cancer, asbestosis or malignant mesothelioma, a rare form of cancer.

Scientific evidence continues to substantiate the claims of these individuals, as the World Health Organization estimates approximately 107,000 people are killed each year around the world as a result of such asbestos illnesses.

Some Conservative Canadian Lawmakers Question Asbestos Position

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Canadian Prime Minister Stephen Harper

Canadian Prime Minister Stephen Harper

Exposure to asbestos causes malignant mesothelioma, asbestosis and lung cancer. This is a fact that has been proven for nearly 50 years and is accepted by virtually every medical professional on the planet, but that hasn’t stopped some Canadian officials from claiming the naturally occurring substance can be used safely.

However, a growing number of Conservative members of Parliament in Canada have been backing away from the position of Prime Minister Stephen Harper and other officials that chrysotile asbestos is safe, according to The Canadian Press.

The news source reports that the Conservatives have solidly backed Harper throughout his time in office and while there has not yet been a major eruption over asbestos, it appears as if that may be changing.

Fissures form among Tories

According to the news provider, the first sign of a split among the Conservatives came in early November when five Tories abstained from a New Democratic Party vote to ban the export of asbestos.

More recently British Columbia MP Mark Warawa organized a meeting between Conservative lawmakers and the Chrysotile Institute – an asbestos industry organization – that saw the legislators ask pointed questions of asbestos backers.

Alberta Conservative MP Jim Hillyer said the purpose of the meeting was to gather information.

“We ask questions so that we can make decisions that we feel are in the best interest of Canada, so it certainly wasn’t a love-fest where we were making strategies with the asbestos industry or the chrysotile industry,” Hillyer told the news source. “But at the same time we weren’t there to attack them and lambaste them, we were just there to get some information.”

Effects of asbestos undeniable

Since the mid-1960s it has been an accepted fact in the medical community that exposure to asbestos is responsible for the development of asbestosis and malignant mesothelioma, a rare and deadly form of cancer that attacks the thin membrane that lines the chest, abdomen and many of the body’s internal organs. In addition, asbestos exposure is a major cause of lung cancer.

All told, such asbestos-caused diseases claim the lives of 107,000 people around the world each year, according to the World Health Organization.

Kathleen Ruff – a prominent asbestos critic – said that the meetings were a positive sign.

“[The asbestos sellers] have lost all the scientific battles and they’re losing the political battle,” she told the news provider.

Government Accountability Office Refutes Asbestos Manufacturers’ Claims Over Trusts

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statue with law imageThe U.S. Government Accountability Office (GAO) recently released a report that demonstrates the true role of asbestos trusts, suggesting that these trusts do, in fact, have measures to prevent fraud and are transparent.

According to the report, which was requested by House Judiciary Chairman Lamar Smith, asbestos trusts paid out approximately 3.3 million claims valued at approximately $17.5 billion from 1988 through 2010.

The GAO notes that asbestos litigation stems from the “lengthy” occupational exposure to the carcinogenic material experienced by a number of Americans, as such exposure has been linked to the development of asbestosis, lung cancer and the rare cancer malignant mesothelioma.

Due to negligence on the part of manufacturers and other companies that utilized asbestos products, approximately 100 firms have declared bankruptcy at least in part due to asbestos liability, the GAO found.

Transparency of asbestos trusts holds up

One of the major reasons why the GAO was called upon to complete the report on asbestos trusts was the fact that the U.S. Chamber and asbestos manufacturers had accused the trusts of not being transparent.

This, however, is not the case, according to the GAO, which noted 98 percent of the trusts it reviewed required a claims audit program and that defendant corporations have the ability to access information that may not be readily available to the public.

“Most asbestos trusts we reviewed publish for public review annual financial reports and generally include total number of claims received and paid,” the GAO report stated. “Other information in the possession of a trust, such as an individual’s exposure to asbestos, is generally not available to outside parties but may be obtained, for example, in the course of litigation pursuant to a court-ordered subpoena.”

Lack of fraud detected by GAO

In addition to the fact that asbestos trusts were found to be transparent, the GAO noted that none of the trust officials who had conducted the audits indicated that there were any instances of fraud, according to the report.

While asbestos manufacturers have fought to do away with these asbestos trusts claiming they can ultimately enable plaintiffs to receive extra compensation, the GAO also found that most trusts can’t pay the full value of a claim, with a payment percentage being determined.

Gary M. Paul, president of the American Association for Justice, said in a statement that the GAO report suggests asbestos producers must still be held accountable for their role in exposing employees to the carcinogenic substance.

“The GAO has found what we knew all along: this attack on asbestos trusts is just the latest attempt to shield asbestos manufacturers that knowingly killed their workers for decades,” Paul said.

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