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

Posts by: Steven Kazan

Honeywell International Attempts to Shed Liability through New Legislation

Honeywell Corp. Headquarters

Entrance to Honeywell headquarters, Morristown, NJ

Having been a member of the board of the U.S. Chamber of Commerce’s Institute for Legal Reform (ILR) since 2007, Honeywell International is hoping the government arm can succeed in granting legal immunity to corporations that manufacture dangerous products.

According to a recent report from the American Association of Justice, the ILR has sought to restrict legislation aimed at such companies, which would completely brush aside any liability they have in producing equipment and other products that caused serious health issues for workers.

In the case of Honeywell, legislation to grant immunity would take the company off the hook for its Zylon bulletproof vest, which has been found to degrade in heat and lose functionality, the Association noted.

In addition, Honeywell could shed a large number of asbestos lawsuits and compensation it has been hit with through such immunity legislation.

Asbestos at forefront of Honeywell’s motivation

While the Zylon bulletproof vest caused significant problems and was manufactured by Honeywell at least five years after its defects were discovered, new legislation being pushed by the ILR would also grant immunity for the corporation in terms of asbestos litigation.

Specifically, a jury in McLean County, Illinois, handed down a multi-million dollar verdict against Honeywell and three other companies in March for alleged negligence in exposing workers to the carcinogenic mineral fibers.

The Association notes that less than a week after the verdict was delivered, the ILR issued a release suggesting that the case “confirms a troubling trend in the State of Illinois where there is a hostile litigation environment.”

Following this response from the ILR, a number of publications also came out against the verdict. Most notably, the Chicago Tribune published an op-ed by ILR president Lisa Rickard, who named McLean County “a home for outrageous, abusive lawsuits,” the American Association of Justice reported.

Honeywell, others share responsibility for occupational asbestos exposure

The case in McLean County, Illinois, was hardly the only asbestos lawsuit to be launched against Honeywell and other large corporations, however. For instance, in September, a West Virginia couple claimed Honeywell, Ford Motor Co. and other corporations were responsible for exposing the husband to asbestos on the job, which ultimately led to his development of lung cancer.

In these cases, victims of asbestos-related illnesses like lung cancer, asbestosis and malignant mesothelioma are fighting for compensation from large businesses for their alleged negligence and failure to promote a safe work environment.

According to the World Health Organization, such diseases kill approximately 107,000 people around the world each year.

New Gene Sequencer is Poised to Revolutionize Mesothelioma Research

5500 SOLiD SequencerIn the U.S., mesothelioma has led to countless deaths, and currently, little can be done about it. However, the Thoracic Oncology Program at the University of California, San Francisco (UCSF) has ushered in a new era in mesothelioma research by acquiring a state-of-the-art genetic sequencing tool.

Called the 5500 SOLiD Sequencer, the device offers researchers the ability to fully sequence malignant lung cell genomes and analyze gene expression in mesothelioma tissue, often in as few as 24 hours.

The practical applications of such a device put it as the forefront of the development of potential mesothelioma treatments.

Mesothelioma is a universally fatal disease, for now

Each year, roughly 3,000 new cases of mesothelioma are diagnosed in the U.S., according to the American Cancer Society. The vast majority of cases can be attributed to asbestos exposure, even if contact with the mineral was relatively brief and occurred decades ago.

The average survival time beyond diagnosis of mesothelioma is just 15 months, the National Cancer Institute states. Annually, approximately 10,000 deaths can be attributed to asbestosis, mesothelioma and other asbestos-related conditions, according to the Environmental Working Group.

However, the origins of mesothelioma go beyond mere exposure to toxic asbestos dust. Scientists have found that cell-level changes associated with the substance appear to engender – or at least, increase the risk for – dangerous genetic mutations. It is this damage to the nucleic acids that makes mesothelioma so virulent and, following diagnosis, so fast-growing.

How is the UCSF team putting the 5500 SOLiD Sequencer to work?

The Thoracic Oncology Program has collected tissue samples from more than 160 patients with mesothelioma. These snap-frozen specimens are matched samples, meaning each individual donated both healthy lung tissue and cells afflicted with malignant mesothelioma.

Unlike other teams that hew to broad, inflexible therapeutic experimentation, the UCSF group will use the 5500 SOLiD Sequencer to develop treatments that are tailored to a mesothelioma patient’s specific genetic tumor line.

To do so, the team plans to use the new device to sequence the full genetic makeup of mesothelioma cell lines. By comparing the resulting data to normal cell samples, researchers will have the chance to locate previously undiscovered genetic mutations, potentially leading to unique treatments for the deadly disease.

With the 5500, the UCSF team members expect to be able to fully sequence even the most complex tumor cell lines in less than a week. The group expressed its enthusiasm for the innovative, individualized systems-biology approach.

A Deadly Reminder: 20th Anniversary of Overturning U.S. Asbestos Ban Marked

Gaval on U.S. flagOn October 18, 1991, vested interests including the federal government of Canada, the province of Quebec and asbestos supporters and stakeholders successfully overturned the U.S. Asbestos Ban and Phase-Out Rule (ABPR).

Laurie Kazan-Allen, the Coordinator of International Ban Asbestos Secretariat (IBAS), said in a press conference marking the anniversary in Ottawa that the decision to overturn the EPA’s asbestos ban led to an additional 300,000 tons of the carcinogenic material being used in the U.S.

“The continuing lack of an asbestos ban in the United States has been ruthlessly exploited by industry lobbyists to promote global sales of asbestos,” Kazan-Allen noted in her statement.

U.S. Court of Appeals criticized heavily following overturn

When a three-man panel of the U.S. Court of Appeals for the Fifth Circuit decided to vacate the ABPR, the judges reportedly admitted that asbestos was, in fact, a toxic material that can have devastating consequences when people are exposed to it, including the development of lung cancer, asbestosis and malignant mesothelioma.

Despite this clear admission that asbestos is a deadly material, the circuit judges took issue with “the manner in which the EPA conducted some of its analysis,” as well as the agency’s “explicit failure to consider the toxicity of likely substitutes,” court documents indicate.

After the ruling was handed down, American asbestos expert Dr. Barry Castleman explained that the EPA asked the Department of Justice to take on an appeal to the Supreme Court, but was rebuffed.

“EPA had to settle for issuing a statement criticizing the court for ‘significant legal errors’ in interpreting the law and substituting its judgment for that of EPA in balancing the costs and benefits of asbestos products banned under the rule,” Castleman said in a 2006 article of the European Journal of Oncology.

Effects of overturn still apparent, time to act is now

The influence of vested interests within the asbestos industry did not stop 20 years ago, as the greed of industry backers and lobbyists continues to be seen around the world, particularly in Canada.

As Kazan-Allen notes in her statement marking the “bloody anniversary,” such behavior was seen as recently as June 2011 during the Rotterdam Convention. During the convention, businessman Baljit Chadha, who is working to secure a $58 million loan guarantee for an asbestos mining project from the Quebec government, stated that there were safe levels of exposure.

While Chadha may have 58 million reasons to support such an outlandish theory, scientists continue to shake their heads, as the World Health Organization reports the age-adjusted mortality rate from mesothelioma more than doubled from 1994 to 2008.

Major New Mesothelioma Technology Celebrated at UCSF

From left, Vikki Friedman, Sr. Sales Representative Life Technologies Inc., Dr. Graham Scott, Director Market Development Life Technologies Inc., Mark Gardner, VP and GM Advanced Genomic Systems, Steven Kazan, Founding, Senior and Managing Principal Kazan Law, David M. Jablons, M.D. FACS Professor and Chief Thoracic Surgery UCSF Department of Surgery. Photo credit: James Hall Photography

I was honored last week to speak at an intimate reception which celebrated the inauguration of a major collaboration between global biotechnology company Life Technologies Inc. and the Thoracic Oncology Laboratory at the University of California in San Francisco. Founded in 1995 by thoracic surgeon David M. Jablons, MD and thoracic oncologist Thierry Jahan, MD, UCSF’s Thoracic Oncology Program has been at the forefront of groundbreaking laboratory research, innovative clinical trials, and compassionate, expert care for patients with mesothelioma and other thoracic malignancies.

This event marked the official dedication of 5500 Series SOLiD™ Sequencers, a machine which will drill down on the molecular underpinnings on mesothelioma, lung cancer and other thoracic malignancies.  Efforts to bring this technology to UCSF were greatly helped by the generosity of our clients, mesothelioma victim Gordon Bankhead and his wife, Emily who donated $100,000 towards the purchase of the $750,000 machine. Mr. and Mrs. Bankhead were also invited to attend the reception, but sadly could not because of his illness .

We see these kinds of philanthropic partnerships as essential to laying the foundation for innovative methods of discovery, which will be critical in helping to discover a cure for mesothelioma.

Korea Expects Asbestos Deaths to Peak in 2045

Korea expects asbestos deaths to peak in 2045 Last year, the World Health Organization updated its estimate of how many people are killed annually due to asbestos exposure from 90,000 to 107,000, but sadly that number will likely only go up in coming years.

One country in particular that expects to see its asbestos death toll rise is Korea. According to the Korea Herald, the nation’s Ministry of Environment estimated in a recent report that asbestos-related deaths – which typically are the result of asbestosis, lung cancer and malignant mesothelioma – will peak in the country in 2045.

Report highlights importance of asbestos ban

The researchers reached their conclusion by comparing asbestos-disease trends in the Netherlands (which banned asbestos in 1991), Japan (2005) and Korea, where asbestos regulations are set to take effect next April.

“It seems that Korea has just started seeing a surge in the number of victims to asbestos exposure. In Japan, the increase started in early 2000 and is expected to peak around 2030. In the Netherlands, industrialization using the cancer-causing material began earlier than the other two countries. The prevalence is forecast to rise to the highest level in 2017,” the researchers said.

Korean asbestos deaths on the rise

According to the report, there were only 61 mesothelioma victims registered at medical centers in 1996, but that number shot up to 152 by 2007. In addition, deaths as a result of asbestos exposure nearly doubled from 2001 to 2006.

However, the Asian nation has taken the necessary steps to curb asbestos’ deadly influence in the long term. The National Institute of Environment Research expects the asbestos regulations will save 20,000 lives over the next five decades. In addition, the ban will save Korea trillions of won, the country’s currency.

“The asbestos regulation is expected to give society benefits worth up to 10.3 trillion won. The nation has to pay the cost (of removing asbestos) before getting benefits, but considering that asbestos damage will peak in 30 years, the regulation from next year has more merits than demerits,” the institute stated in a report, according to the news source.

Asbestos a worldwide problem

Asbestos deaths aren’t confined to Korea however. In the UK it is estimated that one person dies of malignant mesothelioma every five hours, according to the Mirror, a newspaper.

In the United States, the National Cancer Institute estimates that 2,500 new people receive a mesothelioma diagnosis each year, showing the prevalence of the once rare cancer.

$43 Million Asbestos Settlement Approved for Libby Victims

asbestos mineFew communities in the world have been as heavily affected by asbestos as Libby, Montana, and those suffering from asbestos-related diseases in the town recently received a bit of good news.

District Judge Jeffrey Sherlock in Helena approved a $43 million settlement from the state that will go to those suffering from asbestosis, malignant mesothelioma and other illnesses, according to The Associated Press.

Libby is the former home of the W.R. Grace vermiculite mine, which brought large quantities of asbestos to the surface. The heavy exposure to the substance that those in the area endured exacted a devastating toll, reportedly killing 400 people through asbestos diseases and sickening nearly 2,000 more.

The plaintiffs claimed that state officials knew that the asbestos was causing harm but did nothing to prevent it from happening.

Asbestos Settlement too Late for Some

Asbestosis sufferer Mike Nelson, who has signed up for the settlement, told the news source that any asbestos compensation he receives from the deal can’t cover the devastating losses he has been forced to endure.

“I’ve lost my father, my mother, my stepmother and my father-in-law,” he told the AP. “They’re all dead. All from asbestos… W.R. Grace was the one responsible, but right now, I hate my government. The state knew. (The money) isn’t going to do anything for me.”

Thousands of people are likely in the same boat as Nelson, having lost family and friends needlessly due to corporations and officials conveniently ignoring the fact that asbestos exposure kills.

Medical Evidence Impossible to Ignore

Asbestos exposure has been known to cause malignant mesothelioma, asbestosis and lung cancer since the mid-1960s, a fact that a number of companies like W.R. Grace – which only closed the mine in the early 1990s – largely ignored.

One of the plaintiff’s asbestos attorneys said that the medical evidence presented in the case was too much for the court to overlook, according to Daily Inter Lake.

“We believe that a factor in the state’s willingness to settle was that we had assembled so much medical proof that the state was unlikely to win by calling doctors to dispute the findings of the doctors at the Center for Asbestos Related Disease (CARD) clinic in Libby,” the asbestos lawyer reportedly wrote to his clients.

Congress May Attack Trusts in Asbestos Litigation

Congress buildingWhile the issue of asbestos litigation is nothing new for members of Congress, lawmakers on the Hill have decided to initiate another examination of such cases, this time going after the trusts set up by companies to pay compensation to victims who deserve it.

According to a recent article in the National Law Journal, Republicans on Capitol Hill, led by Representative Trent Franks (R-Ariz.), are considering making changes to the trusts. The publication reports that the trusts – of which there are approximately 50 – were created in federal court by companies facing asbestos lawsuits that filed for bankruptcy.

One of the most prominent examples of this kind of trust, according to the Law Journal, is USG Corp., which originally funded its trust with $4 billion with the intention of being able to cover costs of asbestos litigation in the future. Corporations such as USG are not as concerned about their trusts anymore at this stage of the game.

Unlike USG, however, there are still some “solvent co-defendants” that face regular asbestos accusations, and still have a major stake in their trusts. Defendant attorneys for these companies have said that plaintiffs can sue the corporation in state court as well as the trust itself, while the lawyers have difficulty accessing information used in the cases against the trusts, according to the publication.

Attacking Trusts the Latest Attempt by Defendants to Shed Blame

As members of Congress debate the merits of requiring more transparency with trusts in asbestos litigation, the one certainty that remains is that defendant companies are still responsible in the long run.

Steven Kazan, the managing partner of Kazan, McClain, Satterley, Lyons, Greenwood & Oberman in Oakland, California, told the Law Journal that going after the trusts is just the latest example of defendant corporations trying to mask the blame that truly falls on them.

“None of them want to acknowledge their responsibilities,” Kazan explained. “They’ve been trying to get legislative relief for decades. That hasn’t worked. Now they’re talking about the trusts.”

Bottom line: Asbestos Exposure has Serious Consequences

The responsibilities of these defendant companies are as clear as the hazards posed by asbestos exposure.

Asbestos litigation is supported by decades of scientific research that has determined exposure to the carcinogenic material leads to the development of a number of serious illnesses.

These diseases, including asbestosis, lung cancer and malignant mesothelioma, typically do not manifest themselves until decades after initial exposure, with diagnoses often being made too late for effective treatment.

Still, asbestos attorneys and plaintiffs will closely monitor the discussion on Capitol Hill, with The Wall Street Journal reporting that years of talks have not yet led to any reform legislation.

World Trade Center Rescue Workers Still Feeling Asbestos-Related Health Effects of 9/11

WTC Fireman

Much print space has been dedicated to the men and women who risked their lives during the terrorist attacks on the World Trade Center (WTC) on September 11, 2001. Now, researchers are discovering that rescue workers – many of whom dug through flaming rubble and endured intense asbestos exposure – are still suffering, long after their experiences in an extraordinarily toxic environment.

Most people have seen it in pictures and video clips: firefighters and emergency volunteers wading through piles of dust, battling flames and intense heat, inhaling thick dust or choking on smoke from combusted jet fuel.

Research Confirms Health Conditions of Rescue Workers

For years, doctors have suspected that this environment posed a severe health risk to all involved. Finally, as the 10th anniversary of the 9/11 attacks approaches, researchers are releasing information confirming this suspicion.

The reports are complex and technical, but their findings are simple: exposure to noxious gases, smoke, dust and asbestos particles at the site of the WTC has resulted in serious lung diseases among first responders and rescue workers.

Some of these conditions were apparent immediately, while others, like asbestosis or mesothelioma, may not appear for decades to come.

Consider a study published in the New England Journal of Medicine. Researchers from the Albert Einstein College of Medicine and the New York University School of Medicine sifted through seven years’ worth of data on the respiratory condition of first responders from the New York City Fire Department (FDNY).

What were they looking for? The team wanted to know how exposure to the air at Ground Zero affected the lung function of FDNY crew members.

Severe Losses in Lung Functioning Discovered

Their data showed that those who responded during the first year of recovery efforts tended to display severe losses in lung capacity and exhalation strength. The team emphasized that these losses were not small. The average decrease in lung function was 12 times larger than the normal loss associated with age.

Furthermore, the biggest blow to lung health occurred among firefighters and EMS personnel who responded on the morning of the attack itself, indicating that the worst of the effects came from exposure to the densest gases and dust.

Just what were first responders breathing 10 years ago, on the morning of 9/11 and for months afterward? Several reports appearing in a special commemorative issue of The Lancet spell it out.

WTC Air Filled with Known Carcinogens

According to one study, the collapse of the WTC filled the air with “a dense cloud of dust that contained particulates, glass fibers, asbestos, lead, hydrochloric acid” and a number of other known carcinogens.

Another study noted that jet fuel fumes and alkaline cement dust also hung in the air for weeks after the initial disaster. Rescue workers often inhaled these substances in massive quantities.

Exposure to such toxins can fast-track dozens of terrible health problems. These include asthma, sinusitis, gastrointestinal reflux, heart disease and poor lung function, according to several studies published in the journal.

Scientists noted that it may be years before the effects of this tragedy are fully understood and accounted for.

Consider asbestos, which many first responders inhaled to a degree almost unthinkable in the U.S. today. Research has shown that the effects of asbestos exposure – which include asbestosis and mesothelioma – often take decades to manifest themselves.

It will be some time before anyone can estimate the impact of asbestos-related mesothelioma on first responders, volunteers and New York City residents.

Once diagnosed, any volunteers who have this disease will face a grim prognosis. Even when mesothelioma has not spread throughout the body, patients typically live just 16 months beyond their initial diagnosis, according to the National Cancer Institute.

 

Hurricane Victims Urged to Use Caution when Dealing with Asbestos-Containing Debris

Debris from hurricaneThe recent spate of natural disasters to hit the eastern part of the United States has led health officials to warn residents in affected areas to use caution when handling debris, especially when it comes to asbestos.

According to a recent release from the North Carolina Department of Health and Human Services, State Health Director Dr. Jeff Engel has warned local residents to be careful when cleaning up the damage caused by Hurricane Irene, which tore through the state last week.

The release specifically touched on residents whose homes had experienced flooding, as damage from such issues can have serious consequences in older facilities built with asbestos materials.

“Buildings built before 1975 may have asbestos insulation and tape on the heating systems,” the release notes. “Leave any suspected asbestos in place until it can be removed by trained asbestos professionals.”

Caution Urged Over Asbestos-Containing Floor Tiles

Flood damage can pose a number of risks to homeowners, with floor tiles often hit the hardest. According to the release, hurricane flooding victims are advised to disinfect, clean and dry tile or linoleum floors, with the exception of flooring that contains asbestos.

This is due to the fact that the potential for grinding or chipping off some of the floor tiles increases when they are cleaned, opening the door for asbestos to be released into the environment, which can have deadly consequences for those in the area.

Asbestos Risks Well Documented

Preventing the release of asbestos fibers into the air during hurricane damage cleanup is essential, as it has been clear since the mid-1960s that exposure to the carcinogenic material can lead to the development of a number of serious illnesses including lung cancer, asbestosis and malignant mesothelioma, a rare form of cancer that attacks the tissues surrounding a majority of the body’s internal organs.

According to the National Cancer Institute, approximately 2,500 people across the U.S. are diagnosed with mesothelioma each year. Treatment for the disease typically focuses on keeping the patient as comfortable as possible, as the disease is often not diagnosed until the later stages.

With these serious health risks in mind, citizens are encouraged to tread cautiously when dealing with debris caused by both Hurricane Irene and the recent earthquake in Virginia in order to avoid the disturbance of asbestos.

5 Kazan Law Attorneys Included in The Best Lawyers in America

Kazan Law attorneys

From left Steven Kazan, David McClain, Dianna Lyons, Denise Abrams, Francis Fernandez

We are proud to announce that five Kazan Law attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.):

David M. McClain (first listed 2006)
Dianna C. Lyons (first listed 2009)
Francis E. Fernandez (first year listed)

Best Lawyers has become universally regarded as the definitive guide to legal excellence since its inception in 1983. Inclusion in Best Lawyers is considered a singular honor because Best Lawyers is based on an exhaustive peer-review survey in which more than 41,000 leading attorneys cast almost 3.9 million votes on the legal abilities of other lawyers in their practice areas. Additionally, lawyers are not required or allowed to pay a fee to be listed. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

It is important to note that the lawyers listed in Best Lawyers have no say in deciding which practice areas they are included in. They are voted into practice areas entirely as a result of the votes they receive from their peers.

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