UK Justice Secretary Jack Straw

Earlier this month, Chris Hahn, executive director of the Mesothelioma Applied Research Foundation (Meso Foundation) expressed his support for the recent announcement from the UK that it plans to not only endorse compensation for mesothelioma victims, but to promote research and treatment. In a news release, Hahn praised the U.K. for its recognition “that society’s obligation and moral responsibility to remedy the tragic legacy of decades of asbestos use requires funding research to develop effective medical treatments.” Then, he asked the all-important question: “Will the United States follow?”

Hahn’s praise and plea followed remarks by the U.K.’s Lord Chancellor and Secretary of State for Justice, Jack Straw, who has been outspoken about the government’s role in caring for workers harmed by asbestos on the job.  Straw issued a statement Feb. 25, 2010, in response to an ongoing debate over the government’s decision on the question of compensation for pleural plaques.

Although pleural plaques, which are small areas of fibrosis in the pleura of the lung caused by asbestos exposure, indicate that a person has been exposed to asbestos, they generally do not cause any significant change in lung function. As a result, the Law Lords on Oct. 17, 2007 determined that people who have pleural plaques, but no other asbestos-caused illness, are not eligible for any compensation for medical treatment or other financial claims. The debate over pleural plaques sparked a national debate about asbestos disease.

Although subsequent research did not provide enough evidence to overturn the Law Lords’ ruling, it has provided significant information about asbestos disease, including mesothelioma and lung cancer. The government also is establishing a number of policies to make it easier for those who are diagnosed with mesothelioma or serious asbestos disease to receive compensation more quickly. Additionally, the research has encouraged the UK government to take a stronger stand on mesothelioma research and treatment.

According to Straw’s statement, “The fact that the UK has one of the highest rates of death from mesothelioma in the world is a legacy of our industrial heritage and the part that asbestos played in it. Just as the UK was a global leader in the asbestos industry, we must now become a global leader in research into asbestos-related disease.”

The government of the UK is calling for the creation of a National Centre for Asbestos-Related Disease, which will be a “collaborative network of funded researchers whose core purpose would be to advance medical research into the prevention, cure and alleviation of asbestos-related disease – primarily mesothelioma,” according to Straw. He said the insurance industry has pledged £3 million toward this research effort.

Benefits of such a concentrated and cooperative research and treatment program would not only benefit mesothelioma patients, but also would significantly reduce the costs of litigation, death and disability benefits, and health care costs, Hahn points out.

“This is exactly what the Mesothelioma Applied Research Foundation has been urging in the United States the past ten years,” Hahn says. “Mesothelioma and other asbestos-related diseases are a fundamental problem of social justice. And a just solution to that problem requires medical research to develop effective treatments to end the suffering and save lives. It is encouraging to see that the U.K. is getting it; we hope the U.S. will catch up soon.”

Read Hahn’s statement.

For more information, visit the Meso Foundation online at www.curemeso.org.

A story published by the New York Times reports thousands of rescue and cleanup workers who were exposed to the toxic air at Ground Zero after the 9/11 tragedy at the World Trade Center have reached a settlement agreement with the city over damage to their health. According to the Times, the city has agreed to pay out up to $657.5 million to about 10,000 plaintiffs in the case.

The settlement agreement has been in the works for about two years, taking place among a great deal of confusion and disagreement about the city’s responsibility for injured workers. The city had claimed it was immune because injuries occurred during a national emergency or civil defense situation. However, injured workers and their families argued they were employed by the city and entitled to compensation as they would be for any injury incurred on the job.

According to the Times report, 95 percent of the plaintiffs in this case must accept the terms of the settlement for it to take effect. Each plaintiff’s case will then be examined individually to determine how much compensation that person will receive, which lawyers estimate could run anywhere from a few thousand dollars to as much as $1 million. Individual compensation will depend on the severity of illness and level of exposure to contaminants at the World Trade Center site.

A variety of health screening and tracking programs were established in the days and months following the September 11 tragedy. Workers and others who simply lived and worked near the disaster site began complaining of a variety of illnesses, especially respiratory problems. There is an official World Trade Center Medical Monitoring and Treatment Program, as well as studies conducted by the New York Fire Department and other organizations.

Some health problems presented immediately following exposure to the site, such as respiratory distress, while others are only just showing up in those who worked at the site. It is now known that the Ground Zero site was contaminated with asbestos at levels at least two times higher than the Environmental Protection Agency’s “safe” level. Because of the long latency period between exposure to asbestos and the development of mesothelioma – an average of between 10 and 50 years – the true effect of asbestos exposure may not be known for years to come.

Some of the plaintiffs involved in the current settlement are not yet ill, but fear they will develop illnesses in the future as a result of their exposure to the toxins like asbestos. According to the Times, the settlement provides a $23.4 million insurance policy to cover possible future claims.

The construction of a large overpass project in Fort Myers, Fla., area has come to a halt while Florida Department of Environmental Protection (FDEP) investigators test suspicious materials found on the worksite. The Summerlin Road overpass in Lee County is Southwest Florida’s largest road project, according to NBC-2 News. During a recent site visit, county transportation leaders spotted the material, which they believe contains asbestos, an environmental hazard. Asbestos fibers can cause serious illness, including asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the chest and lungs, or, more rarely, the abdomen or heart.

NBC-2 quotes John Iglehart from the FDEP as saying, “We take asbestos very seriously because it is such a human health threat.”

The suspected asbestos-containing material was observed among some filler materials on the work site. It is believed the material is leftover water pipes recycled from another project. If the pipes contain asbestos, it will mean they ought to have been properly disposed of, using protective measures in handling a hazardous material. It is illegal to recycle these types of materials and use them in other projects.

According to NBC-2, the project’s lead contractor, Posen Construction, may have improperly disposed of the pipes and then used them in the recycled fill material. The news agency says this is not the first time Posen has been cited for such environmental violations. In fact, they report, Posen Construction has been cited at least 24 times since July 2008 and fined at least $12,000.

The Florida DEP is currently testing the chunks of suspicious material obtained from the job site, but a FDEP investigator says a surface inspection reveals fibers consistent with asbestos. Asbestos becomes dangerous when it is released into the air and inhaled, which is a possibility if the materials on the site are crushed or broken.

Until FDEP makes a final determination, the $25-million project is on hold. If asbestos is found, NBC-2 reports, “the next step will be determining who is responsible, how it happened and most immediately – cleaning it up.”

Read the full story and watch a video of the news coverage.

There is an ongoing debate in the United Kingdom about whether the country’s Labour department is responsible for compensating workers suffering from pleural plaques. In 2007, the Law Lords ruled that pleural plaques did not qualify for worker’s compensation. Pleural plaques are areas of fibrosis, or scar tissue caused by exposure to asbestos. They are usually found on the inside of the diaphragm.

A champion for the rights of workers who have developed pleural plaques as a result of exposure to asbestos in the workplace is Jarrow MP Stephen Hepburn. In a meeting at the House of Commons on Nov. 27, he argued the issue of pleural plaques is “immensely important” to workers and pensioners, and insisted it is the duty of members of both sides of the House to overturn the “disgraceful and unjust decision by the Law Lords to bar this terrible illness from classification as a designated illness for compensation purposes,” according to a report in The Chronicle.

Hepburn also told the Commons that pleural plaques sufferers are 1,000 times more likely to develop a more serious form of asbestos-related cancer. Mesothelioma is a deadly form of cancer that affects the lining of the chest cavity and lungs (pleural) or the lining of the stomach (peritoneal). It may also rarely affect the lining of the heart (pericardial). There is no known cure for mesothelioma.

During the heated debate, The Daily Mirror reports that statistics were revealed that show mesothelioma rates in the UK have nearly doubled in 10 years. According to the news source, hospitals treated 7,349 cases of mesothelioma in the past year, compared to 3,773 cases during the timeframe of 1998-99. The Mirror calls mesothelioma an “asbestos timebomb,” citing the disease’s long latency period.

The Mirror quotes Hepburn as saying, “We’re seeing the legacy of workers exposed to asbestos in the 1960s.”

The Mesothelioma Applied Research Foundation has issued a news release announcing the resolution introduced last week in the U.S. Senate by Sen. Patty Murray to designate September 26 as National Mesothelioma Awareness Day has passed! The resolution introduced simultaneously in the House of Representatives by Rep. Betty McCollum, designated as H.Res. 771, is still pending.

The Meso Foundation is urging the mesothelioma community to contact their House Representative to urge him or her to co-sponsor the bill. Representative McCollum still needs 13 more co-sponsors to complete the passage of National Mesothelioma Awareness Day in both the House and the Senate.

The news release quotes Chris Hahn, Executive Director of the Mesothelioma Applied Research Foundation, “Thanks to the concern of Sen. Murray and Congresswoman McCollum, and their introduction of the federal ‘National Mesothelioma Awareness Day’ resolution, we hope that mesothelioma will finally become part of a broad national conversation about its tragic impact in our society and the critical need to fund reserch to develop treatments and, ultimately, find a cure for mesothelioma.”

Your help is urgently needed to encourage House Representatives to co-sponsor this resolution. Visit the Meso Foundation’s “Action Center” at www.curemeso.org/action to send an email to your congressional representative.

The Australian Securities and Investment Commission (ASIC) reported this week that the New South Wales Supreme Court on Thursday ruled that it will impose penalties against seven former directors and three executives of  James Hardie Industries Limited. James Hardie is a manufacturer of Fiber Cement Siding and Backerboard. The court said the former Australian listed entity (JHIL) breached the Corporations Act in 2001 when making statements about the adequacy of asbestos compensation funding. The court also ruled James Hardie Industries NV (JHINV, based in the Netherlands) breached its continuous disclosure obligation in 2003.

James Hardie was one of Australia’s largest manufacturers of asbestos building products, and was alleged to have known the dangers of asbestos for decades.

The current proceedings came about as a result of ASIC’s investigation of matters identified by the Special Commission of Inquiry into the Medical Research and Compensation Foundation. James Hardie established the foundation, which was intended to compensate families who lost loved ones to asbestos disease, in 2001. The inquiry into the MRCF was established in 2004, and the commission found that James Hardie industries deliberately underfunded the victims’ compensation fund

According to a report by Nonee Walsh of ABC News, who has been following the story since 2003, James Hardie has spent about $25 million so far fighting the ASIC’s case, while asbestos victims and their families have been simultaneously negotiating for new funding for the foundation. Payments to the new asbestos compensation foundation are currently suspended.

Walsh also noted that Australia has one of the highest rates of asbestos disease in the world, including asbestos-caused lung cancer, mesothelioma. In 2003, when the sale of all asbestos products was finally banned in Australia, the National Occupational Health and Safety Commission went on record as saying there is no known safe level of asbestos exposure.

The only known cause of mesothelioma is asbestos exposure, and there is currently no known cure. Mesothelioma most often affects the lining of the chest cavity and lungs, but also may affect the lining of the abdomen or, more rarely, the heart. Asbestos exposure also causes a variety of other diseases, including asbestos, a severe scarring of the lungs.

It is estimated that the levels of asbestos disease will not peak in Australia until 2020, when it is expected that there will be 13,000 cases of mesothelioma and up to 40,000 cases of other asbestos-related lung cancer and disease.

The New South Wales Supreme Court imposed financial penalties totaling $750,000,  and said the company directors and executives named in the case will be barred from serving other boards of directors for between 5 and 15 years.

According to the ASIC, the James Hardie decision underlines the responsibility of companies to assess and check the veracity of statements make to the market. ASIC Chairman Tony D’Aloisio said, “The decision is another important step in improving corporate governance in Australia and that improvement will add confidence to the integrity of our markets.”

The matter will return to the Court on August 27, at which time the Court will make orders reflecting the penalties. The defendants will then have 28 days to appeal the findings.

This week the Lung Cancer Alliance announced a big step forward in raising awareness and establishing real support for lung cancer research. The agency announced Senator Ben Nelson (D-NE) has agreed to cosponsor the Lung Cancer Mortality Reduction Act of 2009, S.332.

This important legislation authorizes a five-year program to reduce the mortality rate of lung cancer, which continues to be the number one cancer killer.

Even though mesothelioma is not technically classified as “lung cancer” because it affects the lining of the chest and lungs, and can also affect the lining of the abdomen and the heart, I am excited to see real progress being made in this area. Funding for research and treatment of lung cancer can only benefit victims of mesothelioma – pleural in particular, affecting the lungs – as well as other asbestos-related diseases that affect the lungs, such as abestosis, a severe scarring of the lungs.

The bill will require the Secretaries of Health and Human Services, Defense and Veterans Affairs to combine forces on a comprehensive, coordinated plan of action with funding authorized for five years to accomplish mortality reduction goals.

Of particular interest is a requirement in the bill directing the Secretaries of Department of Defense (DoD) and Veterans’ Affairs (VA) to implement an early detection and disease management program for military personnel who are at high risk of lung cancer because of exposure to carcinogens during active duty. As the mesothelioma community knows, many veterans, particularly those who served in the U.S. Navy, now suffer from mesothelioma as a result of the widespread use of asbestos on Navy vessels for years.

According to the LCA, the bill includes specific authorizations of $75,000,000 for certain National Institutes of Health (NIH) agencies in FY10 and authorizes such additional sums as may be necessary for all the cited agencies to accomplish the goal for FY2010 through FY2014.

Read more at the LCA web site.

A startling new study from the International Agency for Research on Cancer (IARC), which is part of the World Health Organization, says a new study reveals more cancers than previously thought are related to exposure to asbestos fibers. Results of the study were published this summer in the Lancet Oncology journal.

The findings were part of an article published in the July 19 edition of the Guardian, which says medical researchers now believe that the danger of asbestos exposure may have been “seriously underestimated.”

Asbestos disease – particularly mesothelioma – is a looming epidemic in the UK, expected to peak in the middle of the next decade, resulting in about 5,000 deaths each year, according to figures from the Health and Safety Executive (HSE). Many of these deaths will be a result of secondary exposure, in addition to more typical industrial type exposure, the agency says.

The Guardian article says “patterns of premature fatalities” among such professions as electricians, plumbers, garage mechanics, and even teachers and hairdressers” are now being reported.

Additionally, the government’s Industrial Injuries Advisory Council (IIAC) estimates that as many as 90,000 people each year may be developing pleural plaques – an early indicator of asbestos contamination in the chest cavity and lungs. There is a debate currently raging in the UK to determine whether or not people diagnosed with pleural plaques are eligible to sue for compensation for their injury. A 2007 House of Lords judgment barred these claimants, saying pleural plaques “do not alter the structure of the lungs or restrict their expansion.”

However, proponents for the rights of those with pleural plaques to sue point out that this early asbestos disease could develop into more serious diseases including asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer.

According to the Guardian, more than half of all work-related deaths from six major cancers in the UK are related to asbestos. Additionally, studies estimate that as many as 125 million people around the world work in asbestos-contaminated offices and factories, even if asbestos is not actively used in any manufacturing or other activity at that facility.

Now, the IARC study says “sufficient evidence is now available to show that asbestos also causes cancer of the larynx (throat) and of the ovary.”

Asbestos is still not completely banned in the United States. It can still be found in a great number of products. WHY?

Asbestos industry documents from as early as 1924 indicate that manufacturers knew there was a danger to workers who inhaled asbestos fibers.

Then in 1953, Dr. Irving Selikoff, a pulmonary specialist, began studying the link between asbestos exposure and lung disease. He noted a much higher percentage of lung disease among workers who inhaled asbestos fibers. Selikoff’s groundbreaking findings about of the occupational danger of asbestos expsoure was published in 1964.

And yet, it wasn’t unitl the mid-1970s that asbestos use was widely banned, and even today, its use is not completely banned.

Selikoff hoped his findings would make the future brighter for workers, protecting them from such devastating illnesses as those suffered by the generations who had come before.  Sadly, Selikoff passed away in 1992, before ever seeing asbestos eliminated in America, or seeing the threat of mesothelioma become a thing of the past.

With such clear evidence of the link between asbestos and mesothelioma, why is this still even a question??

On Tuesday, June 9, House Bill No. 211 was introduced in the Ohio legislature, which would designate September as “Mesothelioma Month” in the state. The bill is sponsored by Ohio State Representative Kenny Yuko (D-7th District), and co-sponsored by Reps. Hagan, Ujvagi, Evans, Domenick, Oelslager, Newcomb, Fende, Skindell, Winburn, Okey, Letson, Luckie and Bacon.

H.B. 211 would enact section 5.2239 of the Revised Code to read as follows:

Sec. 5.2239. The month of September is designated as “Mesothelioma Month” to bring attention to mesothelioma, a rare form of cancer that develops in the mesothelium, a protective sac that covers most of the body’s internal organs, and is commonly linked to asbestos exposure.

Rep. Yuko has a special passion for supporting quality of life initiatives for Ohio’s working families. He has established himself as an advocate for increased health care access, and is strong supporter of Multiple Sclerosis awareness. IN 2006 he introduced and achieved passage of H.B. 379, which designated March as MS Awareness Month in the state of Ohio. He is chair of the House Commerce and Labor Committee.

If you live in Ohio, please contact your legislative Representative and ask him or her to support this bill designating September as Meothelioma Month in Ohio!

Contact the Ohio Legislature.