5 Calls for Sanctions on Canada for Derailing United Nations Protocol

Posted on July 1, 2011 by Steven Kazan

Flag of the United Nations

A United Nations treaty commonly known as the Rotterdam Convention was signed in September 1998 to promote shared responsibilities to safeguard human health and the environment from harmful effects of hazardous chemicals. Under the Rotterdam Convention, countries nominate chemicals for inclusion in the PIC (prior informed consent) list.

Meaning of Rotterdam Convention List

The PIC listing is not a ban. The chemicals included on the list are subject to extensive information exchange and obligations related to international trade. Exporting nations are required to provide documentation on the nature of the substance so that importers can make informed decision as to whether or not they are capable of using it safely.

Recent Developments

At the Rotterdam Convention meeting in Geneva last week, the Canadian delegation single-handedly derailed a long-standing attempt to include chrysotile asbestos on the Convention’s prior informed consent list. Despite support from 142 out of 143 Parties to the Convention, the listing was blocked due to a 100% unanimity requirement.

Rotterdam Convention Alliance member Laurie Kazan-Allen, Coordinator of International Ban Asbestos Secretariat (IBAS) has been campaigning since 1999 to achieve justice for all asbestos victims and a global ban on asbestos. Commenting on recent developments, Ms. Kazan-Allen said,

“What we saw last week in Geneva…was pure evil. Canada is now a rogue state and should be dealt with in the same way as other administrations which have breached the acceptable level of behavior expected of civilized societies.”

Calls for Action

At a seminar in Belgium yesterday organized by the Group of the Progressive Alliance of Socialists & Democrats in the European Parliament in collaboration with trade unions and non-governmental organizations, Ms. Kazan-Allen made these requests of the Members of the European Parliament:

1. Issue a denunciation of the obstructive behavior of the Canadian delegation at the Rotterdam Convention meeting. Measures should be considered such as sanctions and trade boycotts which would translate outrage into action.

2. Challenge the $58 million loan guarantee that the Quebec government offered the international consortium that plans to open a new asbestos mine in Quebec.

3. Lobby the European Commission and Directorate General (DG) for Health and Consumers, DG Environment, DG Employment, Social Affairs & Inclusion, and DG Justice to explore all possible options for effecting a change in Canada’s asbestos policy.

4. Raise concerns about Canada’s reckless endangerment of human life, especially the lives of vulnerable people in asbestos-consuming countries, at all possible forums.

5. Place on record support for a WHO Framework Convention on Asbestos Control and to work with their WHO and ILO partners to progress this initiative.

Kazan Law strongly supports these calls and suggests that all organizations and individuals join with us in supporting the United Nations protocol to protect vulnerable populations from the hazards of asbestos.

$10 Million Grant to Provide Screenings to Potential Asbestos Victims in Montana

Posted on June 29, 2011 by Steven Kazan

Fibrous asbestos

U.S. Senator Max Baucus of Montana recently congratulated the Center for Asbestos Related Diseases (CARD) in Libby, Montana, on its securing of a $10 million grant to help treat asbestos victims.

The grant will offer screenings for asbestos-related diseases – such as lung cancer, asbestosis and malignant mesothelioma, a rare cancer – to those in the Libby area, according to a release from the Senator’s office. The grant is part of a program Baucus created for President Barack Obama’s healthcare reform law.

“Early screening is one of our strongest weapons in the fight to treat asbestos victims and prevent this terrible tragedy from taking any more of our family members and neighbors,” Baucus said. “The folks at the CARD clinic do amazing work supporting asbestos victims, and this grant will give them security and support to continue providing great screening and healthcare to folks in Lincoln County for years to come.”

Libby, a national health emergency

In 2009, the Environmental Protection Agency declared Libby to be the first national health emergency in U.S. history. This was due to the old W.R. Grace vermiculite mine, which ceased operations in the early 1990s. The mine brought up a large amount of asbestos to the surface.

Exposure to asbestos can have deadly consequences as the inhalation of the deadly mineral fiber has been known since the mid-1960s to cause a number of illnesses such as malignant mesothelioma, asbestosis and lung cancer.

These illnesses have reportedly caused the deaths of hundreds of people in Libby and the surrounding areas. The World Health Organization estimates that such diseases kill 107,000 people each year around the world.

Grant will help CARD serve the community

The U.S. Centers for Disease Control and Prevention awarded the $10 million grant, which will be paid out over the course of four years, to Lincoln County-based CARD after it won a competitive application process.

“CARD is grateful for the opportunity to continue providing free asbestos health screening for individuals exposed to asbestos in Libby, Montana,” Dr. Brad Black, CARD Medical Director and Lincoln County Public Health Officer, said. “CARD will not only be providing free screening in Libby Montana but CARD will also implement screening across the nation for individuals exposed in Libby, Montana.”

Canada Blocks Asbestos from Hazardous Chemical List

Posted on June 24, 2011 by Steven Kazan

Despite the fact that Canada has been criticized from nearly every corner of the globe over its asbestos policies, the country has decided to block the listing of the carcinogenic substance as a hazardous chemical.

According to the Toronto Sun, countries from around the globe are meeting in Geneva, Switzerland, to debate the listing of chrysotile asbestos as hazardous under the Rotterdam Convention, but Canada is not budging.

As a result, the country is drawing even more criticism from officials at home as well as leaders from other countries, the news source said.

“The government says that the product is safe if used in a certain fashion but they’re refusing to ensure that the buyer is told to beware,” said Canada’s New Democratic Party (NDP) leader Jack Layton. “This is absolutely outrageous and unacceptable.”

Asbestos Remains Deadly Killer Around the World

While Canada fights to keep its asbestos industry alive, scientists continue to assert the dangerous properties of the material, particularly when individuals inhale the naturally occurring mineral fibers.

The inhalation of asbestos fibers has been proven to cause a range of serious illnesses, which include lung cancer, asbestosis and malignant mesothelioma, a rare form of cancer that attacks the tissues surrounding many of the body’s internal organs.

According to the National Cancer Institute, approximately 2,500 Americans receive a mesothelioma diagnosis each year. All told, asbestos-related diseases kill approximately 107,000 people around the world every year, according to the World Health Organization.

Canadian Officials Continue Pushing for Right to Export Carcinogen

While Canada has regulated the use of asbestos in its own country – much like many governments across the globe – industry officials still argue that they have the right to export the dangerous material to countries looking to purchase it.

According to the Sun, Industry Minister Christian Paradis says that Canadian companies have a number of incentives to continue exporting asbestos, from supplying developing countries that want to use it to creating jobs at the Jeffrey Mine in Quebec.

The Quebec government has lent a hand to the mine as well, offering it millions of dollars to keep it operational, according to the news source.

At some point, however, many government officials say that those pushing for the continued mining and exportation of asbestos need to realize the consequences their actions are having on others in different countries.

“Without exaggeration, we are exporting human misery on a monumental scale and yet we are taking active steps to ensure that companies do not even warn their customers,” NDP MP (Member of Parliament) Pat Martin explained.

Pressure to Regulate Chrysotile Asbestos Ramped up at United Nations Meeting

Posted on June 16, 2011 by Steven Kazan

Representatives from the 143 countries in the United Nations are in the process of meeting in Geneva to discuss potential regulations for chrysotile asbestos, which is most notably mined in Quebec, Canada, reports the Montreal Gazette.

According to the news source, the specific type of asbestos is currently banned in the entire 27-country European Union, as well as Australia. Use of the substance is also substantially regulated in countries such as Chile.

This year, the material could become regulated in countries like Canada, one of its main exporters, as a number of health officials have written a letter to Prime Minister Stephen Harper supporting the Rotterdam Convention‘s chemical review committee’s recommendation that the substance become listed in Annex 3.

According to the website for the convention, chemicals that are listed in Annex 3 “include pesticides and industrial chemicals that have been banned or severely restricted for health or environmental reasons by parties.”

Carcinogenic Properties Concern Health Officials

The major reason why health officials in Canada are encouraging the Prime Minister to take action towards at least regulating chrysotile asbestos is that the carcinogenic substance has been proven to cause a range of serious illnesses.

In fact, in the letter itself, the 48 Quebec doctors point out that “there is general consensus among the scientific community that all types of asbestos fibers are carcinogenic… and can cause asbestosis, lung cancer and mesothelioma when inhaled.”

Malignant mesothelioma, which is a rare cancer, attacks the tissues surrounding the majority of the body’s internal organs.

In total, asbestos-related diseases kill approximately 107,000 people around the world each year, according to the World Health Organization.

Doctors’ Recommendations Go Beyond Politics

While these diseases are very real, Canada has remained steadfast in arguing that chrysotile asbestos can be used safely in materials such as cement as long as the fibers themselves are sealed.

However, recent research conducted by Britain’s chief scientific adviser Sir John Beddington suggested that “on the evidence available, there is no justification for an imminent change to the international scientific consensus on the classification of chrysotile as a Class 1 carcinogen,” according to the news source.

Additionally, the Quebec doctors say in the letter to Prime Minister Harper that the recommendation to put the substance into the Rotterdam Convention was also made by 31 “neutral scientific experts.”

“The whole medical and independent scientific community in Quebec, Canada and internationally is unanimous,” the letter states.

Asbestos Litigation Takes Place at Different Levels

Posted on June 13, 2011 by Steven Kazan

Asbestos litigation is an important tool that protects workers who came in contact with the carcinogenic substance during their careers.

From rail workers to laborers to mechanics, many were exposed to asbestos because the mineral was once widely used as a flame retardant and insulator in many industries. However, it was known by the mid-1960s that the inhalation of the deadly mineral fibers could cause a range of serious illnesses such as asbestosis, lung cancer and malignant mesothelioma.

These deadly diseases have affected millions of people around the world and often times the only recourse they have is to file an asbestos lawsuit against the party responsible for their asbestos exposure, so that they can receive compensation for medical bills and a sense of security for their family. However, asbestos litigation can take place at a number of different levels.

U.S. Supreme Court to Review Asbestos Case

According to the Courthouse News Service, the high court will review a lower court’s pre-emption ruling in a case involving the mesothelioma death of a rail worker. The mesothelioma lawsuit was filed on behalf of George Corson, who allegedly came in contact with the asbestos that caused his fatal cancer while working on trains and in the course of other employment activity.

Originally, the lawsuit named 59 defendants, with 57 of them being dismissed for lack of evidence. The remaining two – Railroad Friction Products and Viad Corp. – were granted summary judgement because a district court ruled that the Locomotive Inspection Act pre-empted the claims in the lawsuit. The Act reportedly holds that the employer is almost always liable for injuries sustained by workers on trains, meaning that the two companies, which were both connected to the production of asbestos products, were not responsible for Corson’s death.

The 3rd Circuit Court upheld the pre-emption but the U.S. Supreme Court granted Certiorari to the case and will review it, reports the news source.

Asbestos Lawsuit Filed in Texas on Behalf of Deceased Laborer

Not all asbestos cases make their way to state supreme courts but they are still important nonetheless. The Southeast Texas Record reports that an asbestos lawsuit was filed on behalf of Freeman Eugene Peart, who allegedly died of an asbestos-related disease, by one of his relatives.

The lawsuit claims that American Optical and 34 other firms were responsible for the asbestos illness the claimed the life of Peart, who worked as a boilermaker, pipefitter, welder and laborer over the course of his lifetime.

Asbestos Litigation Today: Protecting Mesothelioma Victims in Bankruptcy Trusts

Posted on June 7, 2011 by Steven Kazan

The history of asbestos litigation took a turn in the summer of 1982, when the first asbestos manufacturers filed for Chapter 11 bankruptcy protection to avoid paying compensation to the growing number of victims of asbestos diseases caused by exposure to its asbestos products.

A wave of asbestos bankruptcies followed over the course of the next couple of decades and the entire asbestos textile industry was in bankruptcy, as were several major asbestos insulation manufacturers.

In this video Steven Kazan discusses Kazan Law’s involvement in the history of asbestos bankruptcies and the critical reactions that have been necessary to protect the rights of mesothelioma victims.

Chicago Military Hospital Cited for Asbestos Violations

Posted on June 2, 2011 by Steven Kazan

A veteran’s hospital in Illinois was recently cited by the Occupational Safety and Health Administration (OSHA) for a number of violations including ones related to asbestos.

The Captain James A. Lovell Federal Health Care Center in North Chicago was cited for seven repeat safety violations, according to the Chicago Sun-Times.

“The healthcare center failed to properly ensure the facility was in compliance with established safety and health procedures,” Diane Turek, the director for the U.S. Department of Labor’s OSHA’s Chicago North Area Office, said.

These repeat violations include not having the correct guardrails on certain floors, having improperly marked exits and failing to inspect certain pieces of equipment.

Jonathan Friedman, a spokesman for the medical center, told the Chicago Tribune that they did not believe that the violations put anyone at risk.

“None of the violations presented an imminent danger,” he said. “We still take these very very seriously, and wanted to address them as soon as they were discovered. It is very important for us to be 100 percent in compliance.”

However, there were a number of asbestos violations for which the center was cited.

Asbestos Violations at Center

The center was cited for failing to put up warning signs in mechanical rooms that contained the naturally occurring substance, which was once widely as an insulator and flame retardant.

In addition, the center was accused of failing to provide asbestos awareness training and failing to alert employees about the presence of some surfaces with asbestos.

Asbestos: Cause of Serious Illnesses

While Friedman said that none of the violations put anyone in harm’s way, if the asbestos in the hospital was disturbed it could cause people to develop a number of deadly diseases.

The inhalation of asbestos fibers can cause asbestosis, lung cancer and malignant mesothelioma, a rare and deadly cancer that attacks the thin membrane that lines the chest, abdomen and many of the body’s internal organs. The National Cancer Institute estimates that 2,500 people in the U.S. receive a mesothelioma diagnosis each year.

Veteran’s Hospital Future

Friedman told the Tribune that the medical center signed an agreement with the center that reduced the severity of a number of the violations and threw one out entirely.

The Sun-Times reports that the center has 15 business days from when they received the citations to either bring the facility up to compliance, appeal them or request a conference with OSHA’s area director

Victory for Asbestos Victims: MDL Remands Plaintiffs’ Case to State Court

Posted on May 31, 2011 by Steven Kazan

In a significant victory for asbestos victims, including Timothy and Caroline Vest, Judge Eduardo C. Robreno, Jr. of the Asbestos MDL Court in Philadelphia granted plaintiffs’ motion to remand on May 26, 2011 and ordered that the Vests’ asbestos personal-injury case be immediately transferred back to Alameda County Superior Court where it rightfully belongs.

Sign of Change for Asbestos Law

The Asbestos Multi-District Litigation (MDL) court was established in 1991 as the home for all asbestos lawsuits in federal court throughout the county. It currently consists of 60,000 cases and 3,500,000 claims. Due to the extremely high volume of cases pending before this court, it is not uncommon for cases to be remanded to state court or the local federal district for trial only after several years have elapsed. The speed with which Judge Robreno dealt with this issue is a sign of change that will benefit many other asbestos victims.

Plaintiff’s Asbestos Exposure

Timothy Vest, an airline pilot, suffers from malignant mesothelioma, a disease caused by breathing asbestos dust. He was exposed to the asbestos as a child while visiting his father, an airline pilot, at an airplane maintenance hangar, and later while around airplane maintenance after becoming an airline pilot himself.

On January 6, 2011, a mere 39 days before trial was to start, defendant McDonnell Douglas Corporation removed the Vests’ case to federal court because McDonnell Douglas claimed that while it was aware of Timothy’s claim to have been exposed to asbestos from civilian planes McDonnell Douglas manufactured, it did not know until December 2010 of Timothy’s claim that he was exposed to asbestos from McDonnell Douglas’s military aircraft. In effect, McDonnell Douglas’s removal stayed the case for more than four months and caused significant hardship to the Vest family.

The Judge’s Decision

But then Judge Robreno, in a very well-reasoned memorandum opinion, finally shed light on McDonnell Douglas’s dilatory tactics by finding that its removal was far too late. Judge Robreno held that McDonnell Douglas’s basis for removal was first triggered on August 19, 2010 – 140 days before removal – when Timothy Vest’s father testified about work done on McDonnell Douglas’s military aircraft in the same hangar where Timothy Vest was exposed to asbestos. Federal law only allows 30 days to remove once a defendant learns of a reason to do so. Plaintiffs praise Judge Robreno’s decision and how his very thorough scrutiny of the evidence before him lead to the correct conclusion that McDonnell Douglas’s reason for removal was meritless.

New Theories for Gene Therapy Offers Hope to Malignant Mesothelioma Victims

Posted on May 25, 2011 by Steven Kazan

University of Pennsylvania School of Medicine

It has been theorized that Malignant Mesothelioma may be a good target for gene therapy because the thin mesothelial layer offers a large surface area for gene transfer, with the pleural space easily accessible for biopsy. A recent article in Current Treatment Options in Oncology by University of Pennsylvania researchers described novel approaches to gene therapy offering new hope to those suffering from this dreaded disease.

How Mesothelioma Grows

In their review of gene therapy clinical trials, the authors reported some ” limited evidence of efficacy ” for this treatment. Mesothelioma occurs when proteins allow cells to grow in an uncontrolled manner. A specific protein called mesothelin was found by researchers looking for differential expression of proteins between normal cells and mesothelioma cells. The increased presence of mesothelin on certain cells is thought to enable their growth, leading to mesothelioma.

Promising New Approaches

Previous laboratory research has shown that certain immune system cells, called T cells, can kill tumor cells that express mesothelin. In addition, both animals and human studies have shown that antibodies directed against mesothelin protein can shrink tumors. As a result, much of the mesothelioma research currently underway is focused on developing therapies that can directly block mesothelin function. One especially promising new area in gene therapy is the use of lentiviral or retroviral vectors to “transduce T-cells with modified T-cell receptors engineered to attack specific tumor antigens”. This approach has shown some success in treating other cancers.

Conclusions

The authors conclude “At this point in time, gene therapy for mesothelioma remains experimental and limited to a few referral centers. However, the practicing clinician can participate in moving this approach forward by not taking a nihilistic approach to MPM, but by discussing option of participating in clinical trials with his patients”.

For more information contact the University of Pennsylvania Gene Therapy Program.

Burned Ohio Building to Have Asbestos Removed

Posted on May 20, 2011 by Steven Kazan

A building in the city of Wellston, Ohio, that was burned in a fire approximately six weeks ago is set to have asbestos removed as part of the cleanup process, the Jackson Times Journal reports.

According to the news source, the Kuppenheimer Building, which was referred to by many older local residents as the “pants factory” and by younger residents as the “chocolate factory,” was completely ravaged by the fire in March.

The destruction had significant consequences for the community, as the city had reportedly been marketing the building, which could have brought in a new business and potentially created jobs in the area.

Cleanup process gets underway

While the community is still shocked about the destruction caused by the massive fire, the city has begun taking steps to clean up the former building and ensure that it does not pose any health risks to local residents.

We have a contractor coming in to take out asbestos that was found in the structure,” city engineer Tim Wojdacz told the news source. “At the point the contractor is done taking the asbestos out, we will have the EPA come in again and re-test to make sure it is gone, and then continue cleanup.”

Wojdacz added that it would be much more expensive to dispose of asbestos-containing waste than it would be to simply rid the building of the carcinogen and have it hauled away, according to the news source.

Loose asbestos poses health risk

The removal of asbestos-containing materials is critical for local citizens as the deadly mineral fibers can become airborne when loosened during renovation or demolition projects. The inhalation of these fibers has been proven to cause a range of serious illnesses including asbestosis, lung cancer and malignant mesothelioma, a rare form of cancer that occurs in the tissues surrounding a majority of the body’s internal organs.

The National Cancer Institute estimates that 2,500 people in the U.S. are diagnosed with malignant mesothelioma each year.

City plans to rehabilitate structure

While the destruction of the building and subsequent asbestos removal will undoubtedly prove costly, the city is already planning to refurbish the property to make it marketable to businesses once again, the news source said.

Wojdacz added that he is still planning to apply for Clean Ohio funding in order to bring the building back to life and attract new business, according to the Times Journal.

Posts by: Steven Kazan