Today, the U.S. Senate is considering landmark legislation that will create a multi-agency, comprehensive program to target lung cancer, and that will authorize $75 million for the first phase of a five-year program to reduce lung cancer mortality. the Lung Cancer Mortality Reduction Act of 2008 was co-sponsored by Sen. Dianne Feinstein (D-CA) and Sen. Chuck Hagel (R-NE). Mesothelioma sufferers can benefit as a result of this increased focus on lung cancer research and early detection.

Senators Feinstein and Hagel were instrumental in authoring a policy resolution in 2007 to designate lung cancer as a public health priority, which was passed unanimously. The resolution called for research, better treatments, and early detection, with a goal of reducing lung cancer mortality by 50 percent by 2015.

This new bill would establish that comprehensive program under law and authorize funding, according to a release from the Lung Cancer Alliance, which today issued a call to action for its support.

“We have seen great advancements in prostate and breast cancer survival rates and we must commit ourselves to making the same progress with lung cancer,” Sen. Hagel said, noting that lung cancer currently accounts for 28 percent of all cancer deaths in the United States.

Each year, lung cancer kills more people than breast, prostate, colon, kidney, melanoma and liver cancer, combined.

Senator Feinstein said, “It’s time for the federal government to step up its efforts and make fighting lung cancer a national priority.”

Contact your Senator TODAY!

The Mesothelioma Applied Research Foundation (Meso Foundation) has issued an “action alert” urging its constituents to call on their House Representative this week to support prompt passage of The Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2007 (H.R. 3339), sponsored by Rep. Betty McCollum (D-MN).

In October 2007, the Senate companion bill, sponsored by Sen. Patty Murray (D-WA), passed. The House bill toughened the legislation, under the direction of the Environment and Hazardous Material Subcommittee of the House’s Energy and Commerce Committee, eliminating an exception for asbestos present at 1 percent or less by weight, making the ban a matter of federal statute rather than EPA regulation, and adding enforcement provisions.

The Meso Foundation reports the critically needed medical research funding provisions from Sen. Murray’s and Congresswoman McCollum’s legislation have not yet been added to the Committee Print.

In a statement released yesterday in support of including the research funding, the Meso Foundation said, “for the sake of all those already exposed, those now sick, and those who will be exposed in the future to asbestos already in place, we call on the Health Subcommittee to follow Sen. Murray and Congresswoman McCollum in recognizing the necessity of a robust asbestos disease research program, and to adopt the research funding provisions included in their legislation.”

Read the full story about this important legislation at Yahoo! News.

Supporters are urged to contact their Representative in Washington, DC, to urge inclusion of the research funding and swift passage of the complete bill once the funding is in place.

In Alabama, House Representatives are Robert Aderholt (4th Congressional District), Jo Bonner (1st), Mike Rogers (3rd), Spencer Bachus (6th), Robert E. “Bud” Cramer (5th) and Terry Everett (2nd). If you are not sure which is your congressional district, to locate contact information for your representative or to locate the representative for your state, visit the United States House of Representatives online, and click on your state for a list of your representatives.

Please contact your Representative NOW to let them know you support this legislation and to ask for their support. Please email me if you’d like any help!

The prevalence of asbestos, especially through the mid-1970s, has put millions of Americans at risk for mesothelioma, a painful, usually lethal cancer almost always related to asbestos exposure. Among the hardest hit are U.S. veterans who were exposed occupationally, especially in Navy ships and shipyards.

According to the U.S. Department of Veterans Affairs, there are currently 25 million living individuals who have served in the United States’ armed forces. It is believed that a great number of them were exposed to toxic asbestos-containing materials during military service.

Every ship and shipyard built by the Navy before the mid-70s was fitted with numerous asbestos-containing materials. These materials were extensively used in engine and boiler rooms and other areas below deck for fire safety purposes, as well as in other areas of the ship. In fact, virtually no portion of a naval ship was asbestos-free between the 1930s and mid-1970s.

Unfortunately, veterans have little recourse when diagnosed with mesothelioma they believe to be the result of asbestos exposure during their time of service. Because asbestos use was so widespread before the first bans in the 1970s, it is very difficult for veterans to prove that asbestos exposure occurred only in military service.

Veterans are not legally allowed to seek compensation for mesothelioma and other asbestos-related diseases from the U.S. government through the court system. Ailing veterans must file a claim against the asbestos manufacturer, and they also have the legal option to seek assistance through The U.S. Department of Veterans Affairs (VA).

The VA is a government-run benefit system that is responsible for administering benefit programs to veterans, their families, and survivors. It is an incredibly complex system that comprises the second-largest federal department, after the Department of Defense. A search of the organization’s web site turns up no information about asbestos or mesothelioma. However, there are some organizations, such as Veterans Assistance Network (www.va-claim-help.com), that can help veterans wade through the VA benefits system.

Lung cancer is usually an indolent cancer that takes years to develop, thus the burden of treatment is falling most heavily on the VA. Late stage lung cancer is twice as costly to treat as early stage.

In February the Lung Cancer Alliance (LCA) announced that for the second year in row a coalition of top veteran organizations is calling for a screening program for veterans at high risk of lung cancer, to be included in the Independent Budget for Fiscal Year 2009 (FY09). This highly regarded comprehensive alternative budget addresses the most urgent needs of veterans, and urges Congress and the Department of Veterans Affairs to initiate a $3 million pilot screening program for veterans at high risk.

The AMVETS, Disabled American Veterans, Paralyzed Veterans of America and the Veterans of Foreign wars are the four co-authors of this document. More than 50 organizations support the Independent Budget.

A research program carried out by the International Early Lung Cancer Action Program at 40 centers in 26 states and 6 foreign countries during the past 13 years indicates that CT screening can detect lung cancer at Stage 1 in 85 percent of cases, and those treated immediately had a 10-year survival rate of 92 percent. By partnering with these types of programs, the Veterans Administration could quickly implement a pilot screening program for veterans at high risk, with a broad geographic reach and significant cost savings.

Rear Admiral Philip J. Coady, USN, (Ret.), chairman of LCA’s Board of Directors said, “Lung cancer continues to kill more men and women every year than all the other major cancers - breast, prostate, and colon - combined, and our veterans are at even higher risk, especially those whose active duty service exposed them to Agent Orange, asbestos, spent nuclear fuels, propellant gases and other carcinogens.”

Admiral Coady, a 34-year Navy veteran who never smoked, was diagnosed with lung cancer three years ago.

“Because there are usually no specific symptoms, most people are diagnosed so late they die within a year,” he pointed out. “Yet advanced CT technology that can diagnose lung cancer at its earliest, most curable stage is available right now, and high-risk veterans not benefiting from this is wrong,” he said.

Sources: asbestos.com, VAWatchdog.org

Yesterday I posted the news that federal and state lawsuits have been brought against CBS Broadcasting, Inc., and Planet Toys, Inc., based on the discovery of asbestos in its CSI: Crime Scene Investigation ™ toy fingerprinting kit, and the failure of the manufacturer to recall the product.

Today, I found an update on popular news and media watch site TMZ.com, in which a spokesperson for CBS Consumer Products distances the broadcaster from the toymaker, saying: “We have not been served, so we can not comment on the specifics of the suit. However, independent tests commissioned by Planet Toys and major toy retailers revealed no levels of asbestos in the CSI Fingerprint Kits. Nevertheless, out of an abundance of caution, three months ago we demanded that Planet Toys issue an immediate recall of the product as well as the CSI Field Kit, which also contains fingerprint powders. In addition, we have ended our agreement with Planet Toys for both products.”

As the story yesterday pointed out, it appears that the CSI Fingerprint kits were never recalled.

Public Justice recently filed suit in federal and California state courts against CBS Broadcasting, Inc., Planet Toys, Inc., and several retail manufacturers in response to their production and marketing of CSI toy kits containing asbestos. Asbestos has been linked to mesothelioma, a deadly lung cancer, as well as other cancers, asbestosis and pulmonary fibrosis.

CBS licenses the toy, which is based on its popular CSI: Crime Scene Investigation ™ television program. Planet Toys is the manufacturer.

According to a Public Justice press release, the federal complaint, filed in U.S. District Court in Los Angeles, alleges that CBS and Planet Toys were negligent in their quality control measures and that they promoted the CSI toys although they contained a hazardous and potentially lethal carcinogen.

In November 2007, the Asbestos Disease Awareness Organization (ADAO) released results of a study of a number of products, including the CSI: Crime Scene Investigation ™ Fingerprint Examination Kit. It was found that the CSI toy’s fingerprinting powder contained asbestos. The fingerprinting powder containing asbestos also can be found in related CSI toy kits, the CSI: Crime Scene Investigation ™ Field Kit and the CSI: Crime Scene Investigation ™ Forensic Lab Kit.

The story was covered in the news media, including CNN, in December 2007. On Feb. 21 CNN did a follow-up report and noted that the Planet Toys had not yet issued a recall.

Public Justice reports that in a meeting including representatives from ADAO, CBS and Planet toys in December 2007, CBS and Planet Toys agreed to remove some of the toys from store shelves, and to work with Public Justice to further test the toys. However, Public Justice reports that months later, there has been no joint testing, Planet Toys continues to deny the products contain asbestos, and there has been no recall.

The Public Justice press release quotes Linda Reinstein, executive director of ADAO, who says, “Our pleas for the companies to do the right thing have fallen on deaf ears. It is unacceptable and unnecessary to have asbestos in toys, and especially in powder form, its most dangerous state. Most Americans falsely believe asbestos has been banned, but our recent product testing results prove asbestos remains a threat to public health.”

The federal complaint is a class action suit that asks the defendants to “provide refunds to consumers, pay for asbestos testing of toys that have been opened, and pay for appropriate medical treatment for consumers who have been exposed to asbestos,” according to the release. The state lawsuit “seeks civil penalties for violations of the law, in addition to injunctive relief.

Read the full text of the Public Justice press release here. This site also contains links to the federal and California state complaints.

Public Justice is a membership-supported law firm with more than 3,500 members, comprised of trial lawyers, other attorneys, and public interest advocates worldwide.

ADAO is a nonprofit organization dedicated to the mission of “asbestos awareness, education, advocacy, prevention, support and a cure.”

Wendi found this collection of 1950’s era asbestos industry promotional films. They tout the “amazing” properties of this “miracle mineral”. It’s strong, tough, fireproof, water-resistant, doesn’t rot or decay.

However, what they fail to mention is that there is no safe level of asbestos. It merely takes one microscopic fiber to embed itself in your lungs to create serious and lasting health risks. The incredible health risks associated with asbestos exposure were widely known at the time these films were made.

The 1934 Aetna Insurance’s Attorney’s Textbook of Medicine devotes a full chapter to asbestos exposure, noting that asbestosis was ‘incurable’ and usually results in disability followed by death.

Also, here is a 1949 internal Exxon memo marked ‘Company Confidential’ which documents lung cancer caused by asbestos.

The Indiana Gazette reported March 15 that a jury in Indiana County, Pennsylvania, awarded the Baroni family $226,000 as part of a judgment finding George Baroni’s death was a result of asbestos exposure.

The story says that Baroni, 73, died of mesothelioma in October 2005. He worked for Fisher Scientific from 1959 to 1994. In addition to the jury verdict, the Baroni family settled with three other companies related to Mr. Baroni’s illness.

Visit the Beasley Allen web site for the full story.

Yesterday officials with the U.S. Justice Department and the U.S. Environmental Protection Agency announced an agreement with W.R. Grace & Co. in which the company agrees to pay $250 million for government cleanup costs in the town of Libby, Montana.

W.R. Grace operated a vermiculite mine and processing plant in and near Libby from 1963 to 1990. The vermiculite was contaminated with high levels of asbestos.

According to a story by Tristan Scott in the Missoulian, the agreement settles the 2001 claim brought by the federal government under the Superfund law to recover past and future costs related to asbestos removal from homes, businesses, schools and playgrounds in Libby. More than 200 Libby residents have died from asbestos-related diseases.

It is estimated that the EPA has spent about $168 million removing asbestos-contaminated soils and other materials near Libby, according to the Missoulian story.

Reporter Scott said the settlement requires W.R. Grace to pay the $250 million within 30 days of approval by a federal bankruptcy court.

The money also will be used to resolve a 2003 judgment against Grace in which a judge ordered the company to pay the EPA $54.5 million to cover costs of asbestos cleanup in Libby, but which the company could not pay due to bankruptcy status.

This settlement will not have a bearing on pending criminal charges against W.R. Grace, whose senior corporate officials allegedly conspired to hide the dangers of asbestos and obstructed justice during the EPA’s investigation and cleanup. The criminal trial is expected to open in Missioula, Montana, in April or June, Scott reports.

For more information, read the complete story online.

To learn more about Libby and what happened there, visit this PBS web site, which has a wealth of information about the town.

High Plains Films, a documentary production company, produced an excellent film about the town, which you can view or purchase by visiting their web site.

This story is so sad. A whole town was basically destroyed by asbestos. People brought asbestos home from the factory and put it in their gardens. It was used to pave a running track at the school. It was everywhere. Still is.

The EPA estimates they’ll be cleaning in and around Libby for at least another 5 years, and even then they doubt they’ll be able to remove all the asbestos.

Mesothelioma Victim Wins $20 Million Verdict in Asbestos Lawsuit

SAN FRANCISCO –(BusinessWire)—A Dallas, Texas-based law firm today announced a $20 million civil verdict in an asbestos lawsuit on behalf of Joan Mahoney, 69-year-old victim of mesothelioma, a painful and debilitating form of cancer affecting the lining of the lungs, and Daniel Mahoney, her husband of 42 years. The jury attributed 30 percent of the $20 million liability to defendant Georgia Pacific Corp.

Attorneys represented Joan and Daniel Mahoney before Judge Thomas Mellon in San Francisco County Superior Court.

Mrs. Mahoney, a San Francisco native, spent much of her career in real estate and show business. Her singing career spanned 30 years and took her around the world seven times on USO tours. But it was her work in the part-time family construction business that exposed Mrs. Mahoney to Georgia Pacific’s asbestos-containing joint compound, the suit established. Together, Mrs. Mahoney and her husband, who was also a math teacher, built and remodeled over 200 houses in the 1970s, 1980s and 1990s.

The evidence at trial showed that Georgia Pacific knew from the moment it entered the asbestos business that asbestos exposure causes disease. Years before the Mahoneys first used Georgia Pacific’s asbestos-containing joint compound, Georgia Pacific knew that its product posed a substantial risk to workers.

Not until the government banned certain uses of asbestos in 1977, after the Consumer Product Safety Commission said that exposure to asbestos-containing joint compound for as little as six hours a day, four times per year could result in thousands of people developing cancer, did Georgia Pacific stop selling asbestos containing joint compound.

The damage caused by asbestos exposure can take decades to surface. Mrs. Mahoney was diagnosed with mesothelioma in 2006—35 years after her first exposure to Georgia Pacific’s product. She continues to fight the painful disease that experts say will cause great suffering and eventually kill her.

Published March 12, 2008 in BusinessWire.

I came across an interesting article in the blogging world today, published on the Blogging News Network. The story, posted March 10, 2008, by Deon Scott, says that a Washington State Court of Appeals has ruled that people affected by asbestos related diseases such as mesothelioma through secondary exposure have a basis for legal claims.

This means that people who contracted asbestos-related diseases through exposure to the clothing or bodies of people who work or worked firsthand with asbestos can now bring suit against those family members’ employer on their own behalf.

The story notes that this new ruling overturns a previous ruling made by a lower court and sets a precedent that may allow hundreds of additional claims.

Read the full story at www.bloggernews.net.