Asbestos-Related Lung Cancer: How big business lawyers are hurting cancer patients efforts to secure justice. By J. Conard Metcalf
|
|
- Louisa Johns
- 8 years ago
- Views:
Transcription
1 Asbestos-Related Lung Cancer: How big business lawyers are hurting cancer patients efforts to secure justice By J. Conard Metcalf
2 TABLE OF CONTENTS Executive Summary 1 Introduction 2 The Problem: Creative Big-Business Lawyers Ignoring the Science 2 The Solution: Putting Sound Science in the Hands of Juries 4 Conclusion 5 EXECUTIVE SUMMARY The scientific consensus is beyond legitimate dispute: exposure to asbestos causes lung cancer. But creative defense lawyers seeking to get corporate defendants off the hook for cancer patients claims are trying to direct the conversation away from the well-established science. Lawyers for asbestos companies have deployed three arguments: (1) if the patient smoked, asbestos exposure cannot be considered the cause of the patient s cancer because he or she would have developed lung cancer from smoking even in the absence of asbestos exposure; (2) that short-term or low-level asbestos exposure doesn t pose a significant risk of cancer; and (3) unless the patient has asbestosis (scarring of lung tissue) or pleural plaques (scarring of the lining outside the lung) a patient s lung cancer cannot be attributed to asbestos exposure. While these arguments may have some surface appeal, they are not borne out in the scientific literature. It is the job of attorneys advocating for the rights of clients who are suffering from cancer related to asbestos exposure to ensure that judges are not misled by these bogus claims. Ultimately, the accepted and wellestablished scientific principles supporting a causal relationship between asbestos exposure and lung cancer should not be the courts concern. Rather, judges should be serving as the gatekeepers, ensuring that juries are deciding cases based on meaningful consideration of sound science and well-founded expert testimony. page 2 simmons hanly conroy A NATIONAL LAW FIRM simmonsfirm.com
3 INTRODUCTION The scientific evidence linking asbestos exposure to an increased risk for developing lung cancer has been well established for decades. Dr. J. Corbett McDonald, a researcher frequently cited by both plaintiff and defense attorneys, concluded in a 1980 article in the peer-reviewed medical journal Chest that, It has been demonstrated beyond a reasonable doubt that asbestos, of the types used commercially, is a cause of human lung cancer. 1 Dr. McDonald is not alone. Many other non-partisan scientists and researchers have reached the same conclusion. For example, researchers have found: Of all the diseases caused by asbestos, lung cancer constitutes the greatest health risk for American asbestos workers. 2 Evidence establishing a dose-responsive relationship between asbestos exposure and an excess risk of lung cancer or mesothelioma is exceptionally strong. 3 A causal association between asbestos exposure and lung cancer is generally well recognized and there is sufficient evidence in humans for the carcinogenicity of all forms of asbestos J. Corbett McDonald, Asbestos & Lung Cancer: Has the Case Been Proven?, 78 CHEST 374, 376 (1980). 2 Occupational Exposure to Asbestos, 51 Fed. Reg , (June 20, 1986). 3 Id. at INTERNATIONAL AGENCY FOR RESEARCH ON CANCER, MONOGRAPHS ON THE EVALUATION OF CARCINOGENIC RISKS TO HUMANS, Vol. 100C, Asbestos 235, (2012). page 3 simmons hanly conroy A NATIONAL LAW FIRM simmonsfirm.com
4 THE PROBLEM: CREATIVE BIG BUSINESS LAWYERS IGNORING THE SCIENCE Despite the strength of the consensus in the scientific community about the causal relationship between asbestos exposure and lung cancer, some defense lawyers seeking to shield their corporate clients from liability are trying to steer the conversation away from the evidence. As shown below, these lawyers claims are not based on sound science or the medical literature. LOW LEVELS OF ASBESTOS EXPOSURE POSE AN INCREASED RISK OF LUNG CANCER Lawyers for asbestos companies have pushed the idea that the risk of developing asbestos-related illnesses is low in the absence of significant asbestos exposure. The medical literature simply does not support this argument. Put simply, the scientific consensus is that people who breathed in asbestos fibers even at low doses or for short periods of time have an increased risk of getting sick or dying from cancer. This is true whether or not an individual worked in a profession commonly perceived as at a high risk for asbestos exposure (such as carpenters, pipefitters, plumbers, and sheet metal workers). Numerous studies show an increased lung cancer risk among people with low-level exposure to asbestos. For example, Dr. McDonald has observed, [W]ell-conducted studies demonstrate a substantially increased rate of lung cancer among workers having low cumulative exposures to asbestos. Likewise, after conducting a year of hearings concerning chrysotile asbestos (the most common type of asbestos) at which scientific experts from around the world testified, the World Trade Organization concluded that there is no scientifically accepted threshold for harmless exposure to asbestos and found that even very short exposures to asbestos fibers may still pose a significant risk of illness. 5 Thus, whether an individual worked as an insulator, laundered the work clothes of a brake mechanic, or lived a mile away from an asbestos cement factory, the inquiry in litigation concerning asbestos-related lung cancer should simply be whether the person inhaled asbestos fibers, not whether their exposure was significant or in excess of OSHA s permissible limits. ASBESTOS EXPOSURE, BY ITSELF OR IN CONJUNCTION WITH SMOKING, CAUSES CANCER Cigarette smoke is, of course, a well-known cause of lung cancer. The vast body of medical and scientific evidence, however, confirms that the causal link between asbestos exposure and lung cancer is equally strong. When an individual claiming cancer caused by exposure to asbestos also has smoked cigarettes, lawyers for asbestos companies are attempting to divert attention from the role that asbestos inhalation played in the development of cancer, placing it instead on the patient s decision to smoke. The argument, in essence, is that the asbestos maker or the employer responsible for the employee s exposure to asbestos shouldn t be liable 5 World Trade Organization, European Communities-Measures Affecting Asbestos and Asbestos Containing Products, Report of the Panel, WT/DS135/R at 3.62 (2000). page 4 simmons hanly conroy A NATIONAL LAW FIRM simmonsfirm.com
5 It likewise has been conclusively proven that cigarette smoking and exposure to airborne asbestos fibers can act together to cause lung cancer, multiplying the risk that one or the other agent would have caused on its own. for the worker s cancer because he or she would have developed lung cancer from smoking even without asbestos exposure. Such an argument certainly plays well to judges and juries everyone, after all, is familiar with the cancer-causing properties of cigarette smoke but the science shows that such an argument is misleading and scientifically invalid. Studies have long shown that asbestos is a complete carcinogen in the lung, meaning that asbestos fibers, by themselves, can induce the development of cancerous tumors in lung tissue without the involvement of any other cancer-causing agent. It likewise has been conclusively proven that cigarette smoking and exposure to airborne asbestos fibers can act together to cause lung cancer, multiplying the risk that one or the other agent would have caused on its own. A study published in Chest in 1980 demonstrated that among people who have been exposed to asbestos, the risk of lung cancer is elevated by a factor of four whether or not the individual ever smoked cigarettes. 6 In another study of 283 workmen exposed to asbestos who had also regularly smoked cigarettes, 24 died of lung cancer. 7 Among the general population of smokers who had not been exposed to asbestos, only three would have been expected to die of this disease. ASBESTOSIS AND PLEURAL PLAQUES DEMONSTRATE ASBESTOS EXPOSURE, BUT DO NOT CAUSE LUNG CANCER Finally, lawyers for asbestos companies have tried to undermine the science establishing a causal relationship between even low levels of asbestos exposure and lung cancer by claiming that in those patients who do not display asbestosis (a chronic inflammation of lung tissue caused by inhalation of asbestos fibers) or pleural plaques (scarring of the lining outside the lung), their disease cannot be attributable to asbestos exposure. Asbestosis and pleural plaques are indicators of exposure to asbestos. But the science is clear that the converse is not true the absence of asbestosis and pleural plaques are not an indication that no asbestos exposure has occurred, nor does it show that the patient s exposure to asbestos didn t cause his or her cancer. One researcher put it this way: Cigarette smoke causes both emphysema and lung cancer. Emphysema is not a necessary element to connect a particular patient s lung cancer to cigarette smoking. Asbestos fibers, likewise, cause both asbestosis and lung cancer. The presence of asbestosis is not a necessary element to show that lung cancer is connected to asbestos inhalation. 8 Thus, the defense arguments seeking to shift the blame to cigarettes simply do not hold up under scientific scrutiny. 6 E. Phillip Enterline, Attributability in the Face of Uncertainty, 78 CHEST 377, 378 (1980). 7 Irving Selikoff & E. Cuyler Hammond, Asbestos Exposure and Neoplasia, 188 J. Am. Med. Assn. 142 (1964). 8 Jerrold L. Abraham, Commentary: Asbestos Inhalation, Not Asbestosis Causes Lung Cancer, 26 Am. J. Indus. Med. 839 (1994). page 5 simmons hanly conroy A NATIONAL LAW FIRM simmonsfirm.com
6 THE SOLUTION: PUTTING SOUND SCIENCE IN THE HANDS OF JURIES Faced with the overwhelming evidence connecting asbestos exposure to lung cancer, lawyers for asbestos companies have been getting creative, using the arguments described above to convince judges to discount the scientific evidence and take the consideration of that evidence out of the hands of juries. Take, for example, the case of a client diagnosed with lung cancer in 2005 at the age of 60. The client had worked in construction for 20 years from 1993 to As a construction worker, he was exposed to asbestos in drywall, ceiling tiles and insulating paper used to wrap furnace pipes. The client had been a smoker while in the armed services from 1973 to 1993, but he quit smoking 22 years before his cancer diagnosis. Cancer experts testified that the client s lung cancer was caused by both cigarette smoke and asbestos, primarily asbestos since he had quit smoking so long before. But because the client did not have asbestosis or pleural plaques, the asbestos companies that were defendants in the case argued that the client s cancer was 100 percent caused by smoking, notwithstanding his long-term, significant occupational asbestos exposure. Likewise, in another matter, a client who was exposed to asbestos in industrial insulation while working as plumber was diagnosed with cancer in 2012 at age 62. He had smoked from the age of 20 to the age of 45. In addition to his cancer diagnosis, the client also had bilateral pleural plaques caused by asbestos fiber inhalation. Medical experts attributed the client s cancer to asbestos and smoking, mostly asbestos since so much time had elapsed between the client s quitting smoking and his cancer diagnosis. Nonetheless, defendants lawyers argued that the client s lung cancer was caused by smoking and not by asbestos because he did not have asbestos scarring inside of his lung. In each of these cases, the defendants contentions were contrary to the scientific consensus about asbestos exposure causing lung cancer and had the potential to lead the jury away from the relevant inquiry, which is whether the patient inhaled asbestos fibers. Ultimately, the members of the jury must weigh the facts relevant to a patient s cancer diagnosis, and they should do so with accurate and reliable scientific information. The judge s role is to ensure that the expert opinion presented to the jury rests upon the sound foundation of scientific principals and methodologies....the defendants contentions were contrary to the scientific consensus about asbestos exposure causing lung cancer and had the potential to lead the jury away from the relevant inquiry... page 6 simmons hanly conroy A NATIONAL LAW FIRM simmonsfirm.com
7 CONCLUSION In many cases involving asbestos-related lung cancer, lawyers for asbestos companies attempt to cast doubt on the well-established science by creatively employing arguments that lack a sound scientific foundation. It is only by educating judges about the science that attorneys advocating for the rights of injured individuals can ensure that junk science doesn t prevent justice from being done. J. Conard Metcalf Of Counsel Conard Metcalf has successfully represented hundreds of men and women diagnosed with asbestos-caused cancers, such as mesothelioma and lung cancer, as well as individuals suffering from asbestosis and other occupational diseases and toxic injuries. Mr. Metcalf has been invited to speak about asbestos-related diseases at medical conferences and legal seminars and has published articles about occupational diseases in several legal journals. Mr. Metcalf received his law degree from the University of Colorado in 1972, where he was a member of the Law Review. In 1973, he received a Master of Law degree from Columbia University in New York City. More recently, he received an AV rating from Martindale-Hubbell. An AV rating, which identifies a lawyer with a very high to preeminent legal ability, is a prestigious peer-reviewed analysis of Mr. Metcalf s expertise, experience, integrity and overall professional excellence. At Simmons Hanly Conroy LLC, we are deeply committed to giving you a strong, powerful voice to stand up for your rights. With centuries of cumulative litigation in service to our clients and communities, we have a proven staff of over 200 employees who are ready to give you the attention and respect you deserve. CMYK Palette Call us at or visit us on line at Black (100% K) 2015 SIMMONS HANLY CONROY ALL RIGHTS RESERVED simmonsfirm.com
Testimony of. Laura Welch, M.D. Medical Director Center to Protect Workers Rights November 17, 2005
Testimony of Laura Welch, M.D. Medical Director Center to Protect Workers Rights November 17, 2005 Testimony of Laura Welch, MD Medical Director, Center to Protect Workers Rights On Asbestos Related Diseases
More informationAsbestos Diseases. What Is Asbestos?
1 Asbestos Diseases What Is Asbestos? Asbestos is a term applied to a group of minerals formed into rock and mined in a similar way to coal. In this form, asbestos is made up of strong, fine and flexible
More informationM E S O T H E L I O M A Questions & Answers
M E S O T H E L I O M A Questions & Answers A G U I D E F O R M E S O T H E L I O M A P A T I E N T S A N D T H E I R L O V E D O N E S MORGAN & MORGAN FORTHEPEOPLE.COM 877-667-4265 Mesothelioma Questions
More informationTranscript for Asbestos Information for the Community
Welcome to the lecture on asbestos and its health effects for the community. My name is Dr. Vik Kapil and I come to you from the Centers for Disease Control and Prevention, Agency for Toxic Substances
More informationAsbestos Related Diseases
Asbestos Related Diseases Asbestosis Mesothelioma Lung Cancer Pleural Disease Asbestosis and Mesothelioma (LUNG CANCER) Support Group 1800 017 758 www.amsg.com.au ii Helping you and your family through
More informationAsbestos Health Risks. Dr Andrew Pengilley Acting Chief Health Officer
Asbestos Health Risks Dr Andrew Pengilley Acting Chief Health Officer Asbestos Asbestos is a name given to several different fibrous minerals Three main commercial types are Chrysotile (white asbestos)
More informationFIGHTING FOR YOU. Asbestos and dust diseases
FIGHTING FOR YOU Asbestos and dust diseases The sad legacy of years of exposure to asbestos, both in commercial and industrial situations, and at home, has left a terrible number of South Australians either
More informationAsbestos Related Diseases. Asbestosis Mesothelioma Lung Cancer Pleural Disease. connecting raising awareness supporting advocating
Asbestos Related Diseases Asbestosis Mesothelioma Lung Cancer Pleural Disease connecting raising awareness supporting advocating 1800 017 758 www.asbestosassociation.com.au Asbestos lagging was widely
More informationCurrent Usage and Health Significance of the Modern Use of Chrysotile Products: Review of Recently Published Evidence
Current Usage and Health Significance of the Modern Use of Chrysotile Products: Review of Recently Published Evidence John Hoskins Health & Safety Consultant, Haslemere, Surrey, UK ASBESTOS SERPENTINE
More informationNHS Barking and Dagenham Briefing on disease linked to Asbestos in Barking & Dagenham
APPENDIX 1 NHS Barking and Dagenham Briefing on disease linked to Asbestos in Barking & Dagenham 1. Background 1.1. Asbestos Asbestos is a general name given to several naturally occurring fibrous minerals
More information(2) When cause of action arises for purposes of Courts and Judicial Proceedings Article, 11-108(b)(1).
Georgia-Pacific Corporation v. Lisa J. Pransky, et al. No. 107, Sept. Term, 2001 Asbestos: (1) Causation with respect to bystander. Eagle-Picher v. Balbos (2) When cause of action arises for purposes of
More informationINJURY LAW FIRM ALERT
INJURY LAW FIRM ALERT Created by R. Michael Shickich No. 2 Attorney at Law 2005 Founder of the Injury Law Firm Law Offices of R. Michael Shickich, L.L.C. HEALTH PROBLEMS LINKED TO ASBESTOS EXPOSURE This
More informationThe Management of Asbestos at the University of Manitoba
The Management of Asbestos at the University of Manitoba WHAT IS ASBESTOS? Asbestos is a name given to a group of minerals which occur naturally as masses of long silky fibres. Asbestos is known for its
More informationINJURY & NEGLIGENCE SPECIALISTS Illnesses. Asbestos Illnesses
Asbestos Illnesses INJURY & NEGLIGENCE Asbestos SPECIALISTS Illnesses Injury & Negligence I was totally satisfied with my solicitors service, it was First Class. Quote about Pannone part of Slater & Gordon,
More informationA summary and analysis of Borg-Warner is attached.
According to Andrew Schirrmeister, plaintiffs lawyers specializing in toxic tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v. Flores, 1 the Texas Supreme Court issued a significant
More informationAsbestos Claims Trust Page -1
Asbestos Claims Trust Page -1 Testimony of The Honorable Max Baucus U.S. Senator Montana March 5, 2003 Mr. Chairman, Senator Leahy, thank-you for allowing me to testify before your Committee today. This
More informationUses and Abuses of Pathology in Asbestos-exposed Populations
Uses and Abuses of Pathology in Asbestos-exposed Populations Jerrold L. Abraham, MD Department of Pathology State University of New York Upstate Medical University Syracuse, NY, 13210 USA The term: Asbestosis,
More informationFrequently Asked Questions
This fact sheet was written by the Agency for Toxic Substances and Disease Registry (ATSDR), a federal public health agency. ATSDR s mission is to serve the public by using the best science, taking responsive
More informationASBESTOS ASBESTOS CANCER MESOTHELIOMA STAGING MESOTHELIOMA TREATMENT LUNG CANCER ASBESTOSIS PLEURAL DISEASE
Page 1 of 5 THE ONLINE ASBESTOS, ASBESTOS CANCER, & MESOTHELIOMA AUTHORITY Occupations ASBESTOS ASBESTOS CANCER MESOTHELIOMA STAGING MESOTHELIOMA TREATMENT LUNG CANCER ASBESTOSIS PLEURAL DISEASE CLINICAL
More informationNISG Asbestos. Caroline Kirton
NISG Asbestos Caroline Kirton 1 The Control of Asbestos Regulations 2012, Regulation 10 requires every employer to ensure that adequate information, instruction and training is given to their employees
More informationAsbestos Diseases Uncovered
Asbestos Diseases Uncovered Your complete download & keep guide to asbestos-related diseases. Their symptoms, causes and potential compensation payable Contents What is Asbestos? What diseases are caused
More informationSUPPLEMENTAL NOTE ON SENATE BILL NO. 592
SESSION OF 2006 SUPPLEMENTAL NOTE ON SENATE BILL NO. 592 As Amended by Senate Committee on Financial Institutions and Insurance Brief* SB 592 would enact new law, the Asbestos Compensation Fairness Act.
More informationYour Guide to Asbestos Related Disease Claims
Your Guide to Asbestos Related Disease Claims www.colemans-ctts.co.uk enquiries@colemans-ctts.co.uk 100 Talbot Road, Stretford, Manchester M16 0PG 1-3 Union Street, Kingston-Upon-Thames, Surrey KT1 1RP
More informationASBESTOS DISEASES. Dr Alastair Robertson
ASBESTOS DISEASES Dr Alastair Robertson Occupational Health Department University Hospital Birmingham Birmingham B29 6JF 01216278285 Alastair.robertson@uhb.nhs.uk Occupational Lung Disease Unit Birmingham
More informationAsbestos in the Home MISAWA AB, JAPAN
Asbestos in the Home MISAWA AB, JAPAN Asbestos Awareness OCCUPANT ACKNOWLEDGEMENT OF INFORMATION SIGNATURE UNIT NUMBER DATE Prepared by: 35 CES/CEV If you have further question about location of asbestos
More informationAsbestos & Mesothelioma Cases. Presented by Sara Salger On behalf of Gori, Julian & Associates, P.C., Edwardsville, IL
Asbestos & Mesothelioma Cases Presented by Sara Salger On behalf of Gori, Julian & Associates, P.C., Edwardsville, IL What you know about Asbestos & Mesothelioma Insert Clip Here Definition of Asbestos
More informationAsbestos Disease: An Overview for Clinicians Asbestos Exposure
Asbestos Asbestos Disease: An Overview for Clinicians Asbestos Exposure Asbestos: A health hazard Exposure to asbestos was a major occupational health hazard in the United States. The first large-scale
More informationFrequently asked questions
Frequently asked questions Asbestos investigation An investigation into asbestos-related health concerns has found that there is no evidence of elevated asbestos-related health risk to residents who have
More informationTestimony of. Dr. James Crapo. April 26, 2005
Testimony of Dr. James Crapo April 26, 2005 Written Statement of Dr. James D. Crapo, Professor of Medicine, National Jewish Medical and Research Center and University of Colorado Health Sciences Center
More informationThe asbestos crisis Why Britain needs an eradication law
Why Britain needs an eradication law All-Party Parliamentary Group on Occupational Safety and Health The All-Party Parliamentary Group on Occupational Safety and Health believes that the time has come
More informationPlaintiffs Experts Latest Pathological Theories
Plaintiffs Experts Latest Pathological Theories Kurt B. Gerstner Campbell Campbell Edwards & Conroy, P.C. One Constitution Center Boston, MA 02129 (617) 241-3086 kgerstner@campbell-trial-lawyers.com Kurt
More informationThe asbestos crisis. Why Britain needs an eradication Law. Background. Levels of mortality
The asbestos crisis. Why Britain needs an eradication Law. The All-Party Parliamentary Group on Occupational Safety and Health believes that the time has come to put in place regulations requiring the
More informationASBESTOS-RELATED DISEASES
ASBESTOS-RELATED DISEASES AND LEGAL COMPENSATION ASBESTOSIS LUNG CANCER MESOTHELIOMA 1997 Thomas J. Lamb, P.A. WHO WAS EXPOSED TO ASBESTOS? It is estimated that more than 21 million Americans have had
More informationBut For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430
But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 By Matt Powers and Charles Lifland Since the California Supreme Court s 1991 decision in Mitchell
More informationDefending the Rest Basics on Lung Cancer, Other Cancers and Asbestosis: Review of the B-Read and Pulmonary Function Testing
Defending the Rest Basics on Lung Cancer, Other Cancers and Asbestosis: Review of the B-Read and Pulmonary Function Testing ASBESTOSIS November 2013 Bruce T. Bishop Lucy L. Brandon Willcox & Savage 440
More informationBEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION ROBERT E. WRIGHT ) Claimant ) VS. ) ) Docket No. 159,556 U.S.D. NO. 259 ) Respondent ) Self-Insured ) ORDER Both parties request
More informationAsbestos and Mesothelioma a briefing document for the Metropolitan Police
Asbestos and Mesothelioma a briefing document for the Metropolitan Police Prepared by Professor John Cherrie, Heriot Watt University, Edinburgh, UK. Introduction The purpose of this document is to provide
More information!"" July 23, 2009. Ms. Valerie Farwell Ms. Amy Green Mr. Edward Slaughter. Re: Cause No. 2008-15687; Wilhite v. Alcoa.
!"" July 23, 2009 "#$#%&$%% Ms. Valerie Farwell Ms. Amy Green Mr. Edward Slaughter Dear Counsel: Re: Cause No. 2008-15687; Wilhite v. Alcoa You will recall that a Motion for Rehearing was filed by the
More informationASBESTOS LITIGATION YOUR GUIDE TO THE LEGAL PROCESS
ASBESTOS LITIGATION YOUR GUIDE TO THE LEGAL PROCESS INSIDE > About Simmons Hanly Conroy > Filing an Asbestos Lawsuit > Resources Hard at Work for You > Results That Matter > Legal FAQ > Taking the First
More informationINSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST
INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST The Celotex Asbestos Settlement Trust (Celotex Trust) was established as a result of the bankruptcy of the Celotex Corporation
More informationA Bad Moon on the Rise? The Development of Liability for Secondary Exposure To Asbestos
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 22, Number 3 (22.3.15) Feature Article By: Donald Patrick Eckler and Paul A. Ruscheinski
More informationWhat You Should Know About Your Workers Compensation Rights. KELLEY & FERRARO Attorneys at Law 888.839.8479
KELLEY & FERRARO Attorneys at Law 888.839.8479 What You Should Know About Your Workers Compensation Rights REGARDING OCCUPATIONAL DISEASES, INCLUDING EXPOSURE TO ASBESTOS AND OTHER TOXIC SUBSTANCES Kelley
More informationOccupational Disease Fatalities Accepted by the Workers Compensation Board
Occupational Disease Fatalities Accepted by the Workers Compensation Board Year to date, numbers as of 30, Occupational disease fatalities are usually gradual in onset and result from exposure to work-related
More informationScientific Update on Safe Use of Asbestos. Robert P. Nolan, PhD International Environmental Research Foundation New York, New York www.ierfinc.
Scientific Update on Safe Use of Asbestos Robert P. Nolan, PhD International Environmental Research Foundation New York, New York www.ierfinc.org When We Talk about Asbestos What Do We Mean? Anthophyllite
More informationIN RE GARLOCK SEALING TECHNOLOGIES LLC, ET AL.
IN RE GARLOCK SEALING TECHNOLOGIES LLC, ET AL. STATEMENT OF JOSEPH W. GRIER, III, THE FUTURE CLAIMANTS REPRESENTATIVE, IN SUPPORT OF THE DEBTORS SECOND AMENDED PLAN OF REORGANIZATION In asbestos bankruptcy
More informationA.P.I. CLAIM FORM Page 1 A.P.I., INC. ASBESTOS SETTLEMENT TRUST
A.P.I. CLAIM FORM Page 1 A.P.I., INC. ASBESTOS SETTLEMENT TRUST Claim forms and all supporting documentation must be converted to PDF format upon completion, and submitted via e-mail to APIAsbestosTrust@brownsonlinnihan.com.
More informationUNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, No.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. NAN PARKS; HERMAN PARKS; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS,
More informationSpecialists in asbestos litigation
Specialists in asbestos litigation Patient information fact sheet about: Asbestos Compensation Claims Your guide and information pack to explain what financial help is available for those suffering from
More informationIMPOR 'ANT NOTICE NOT TO BE PUBLISHED OPINION
IMPOR 'ANT NOTICE NOT TO BE PUBLISHED OPINION THIS OPINIONIS DESIGNA TED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDUREPROMULGATEDBY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION
More informationEfficiently Maintaining Commercial Buildings. Asbestos Awareness
Efficiently Maintaining Commercial Buildings Asbestos Awareness What are the risks? Asbestos was used extensively between the 1950s and 1980s in both domestic and commercial buildings and although its
More informationInstructions for Filing Asbestos Personal Injury Claims
The Congoleum Plan Trust (the Trust ) was established pursuant to the Fourth Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code of the Debtors, the Official Asbestos Claimants
More informationInstructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust
Subject: Instructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust Dear Plaintiff Counsel: The Combustion Engineering 524(g) Asbestos PI Trust (the Trust ) was established
More informationMs. Jennifer L. Biggs
Testimony of Ms. Jennifer L. Biggs June 4, 2003 Committee on the Judiciary United States Senate Solving the Asbestos Litigation Crisis: S.1125, the Fairness in Asbestos Injury Resolution Act of 2003 June
More informationJustice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos
Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most
More informationASBESTOS SAFETY & ERADICATION AGENCY CONFERENCE NOVEMBER 2014
ASBESTOS SAFETY & ERADICATION AGENCY CONFERENCE NOVEMBER 2014 Litigation Trends and Asbestos Related Diseases Anyone who doubts the importance of litigation in the arena of asbestos disease should note
More informationLung Cancer Asbestos. Defenses, and Strategies. The National Forum for Environmental and Toxic Tort Issues Conference.
Lung Cancer Asbestos Update: Recent Trends, Defenses, and Strategies The National Forum for Environmental and Toxic Tort Issues Conference October 9, 2014 Daniel L. Jones Columbus, Ohio Daniel.jones@dinsmore.com
More informationFor your life. Asbestos and you. Expert advice Dedicated support Home visits. Lawyers ahead of the curve. www.withyking.co.
For your life Asbestos and you Expert advice Dedicated support Home visits Lawyers ahead of the curve Asbestos facts Millions of tonnes of asbestos were imported into the UK between the 1930s and 1970s.
More informationInstructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust
Subject: Instructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust Dear Plaintiff Counsel: The ABB Lummus Global Inc. 524(g) Asbestos PI Trust (the Trust ) was established
More informationThe Effect of Asbestosis Exclusions October 20, 2014
The Effect of Asbestosis Exclusions October 20, 2014 Andrew S. Lewner Does this exclusion bar all bodily injury claims resulting from exposure to asbestos? In consideration of the premium charged it is
More informationASBESTOS AWARENESS. For workers and building occupants
ASBESTOS AWARENESS For workers and building occupants Asbestos Awareness Asbestos is a serious health hazard commonly found in our environment today. This module is designed to provide an overview of asbestos
More informationDamages (Asbestos-related Conditions) Bill
Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE: ASBESTOS LITIGATION IRA FLUITT and REGINA FLUITT, Plaintiffs, v. C.A. No. N12C-07-241 ASB ADVANCE AUTO PARTS, INC., et
More informationAsbestos at the Work Site
Asbestos at the Work Site Asbestos is a naturally occurring mineral. The most commonly used types of asbestos are named chrysotile, amosite and crocidolite. Asbestos has been and continues to be used in
More informationBaron&Budd,P.C. Mesothelioma Case Results
Baron&Budd,P.C. Mesothelioma Case Results The information listed below represents just some of the cases Baron & Budd attorneys have handled on behalf on mesothelioma victims and their families. It is
More informationThis is the author s version of a work that was submitted/accepted for publication in the following source:
This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland
More informationHANDLING LUNG CANCER CLAIMS
HANDLING LUNG CANCER CLAIMS JENNIFER S. KILPATRICK SWANSON, MARTIN & BELL, LLP 330 North Wabash Avenue Suite 3300 Chicago, Illinois 60611-3604 (312) 321-3517 (312) 321-0990 jkilpatrick@smbtrials.com 1
More informationPrimary reason asbestos is used, is its special resistance to heat. Asbestos fibers are also virtually indestructible.
ASBESTOS AWARENESS Asbestos Awareness Asbestos is a serious health hazard commonly found in our environment today. This module is designed to provide initial education of asbestos and its associated hazards.
More informationNon-Occupational Asbestos Exposure:
MPHP 429 Goodman 1 Non-Occupational Asbestos Exposure: Asbestosis, Mesothelioma and Lung Cancer Bianca Goodman Introduction to Environmental Health April 8, 2010 Bianca Goodman Intro to Environmental Health
More informationBurns and Roe Asbestos Personal Injury Settlement Trust Claim Form
Burns and Roe Asbestos Personal Injury Settlement Trust Claim Form General Instructions for filing this Claim Form: This claim form must be completed as thoroughly as possible to ensure prompt resolution
More informationHamers S O L I C I T O R S. Jim Wyatt jwyatt@hamers.com. Freephone: 0800 591 999. 5 Earls Court, Priory Park, East, Hull HU4 7DY
Hamers S O L I C I T O R S Jim Wyatt jwyatt@hamers.com Freephone: 0800 591 999 5 Earls Court, Priory Park, East, Hull HU4 7DY Tel: 01482 326666 Fax: 01482 324432 www.hamers.com Hamers Solicitors LP is
More informationCombustion Engineering 524(g) Asbestos PI Trust Claim Form
Combustion Engineering 524(g) Asbestos PI Trust Claim Form General Instructions for filing this Claim Form: This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims;
More informationJune 20, 2002. 2002.06.20: Wagner Testimony on Workplace Exposure to Asbestos. This is an archive page. The links are no longer being updated.
Page 1 of 6 skip navigational links This is an archive page. The links are no longer being updated. Statement by Gregory R. Wagner, M.D. Director, Division of Respiratory Disease Studies National Institute
More informationCase 10-31607 Doc 4432 Filed 03/16/15 Entered 03/16/15 09:10:55 Desc Main Document Page 1 of 9
Document Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division ) In re: ) ) Case No. 10-31607 GARLOCK SEALING TECHNOLOGIES ) LLC, et al., ) Chapter
More informationAsbestos Awareness at the University of Toronto
Asbestos Awareness at the University of Toronto What is Asbestos? Asbestos is a general term given to a group of naturally occurring mineral silicates that are made up of long thin fibres. These fibrous
More informationAsbestos Brochure. Jim Wyatt - jwyatt@hamers.com Stephen Ball - sball@hamers.com. Freephone: 0800 591 999. www.hamers.com
Jim Wyatt - jwyatt@hamers.com Stephen Ball - sball@hamers.com Freephone: 0800 591 999 5 Earls Court, Priory Park East, Hull, HU4 7DY Tel: 01482 326666 Fax: 01482 324432 Aspect Court, 47 Park Square East,
More informationAsbestos related disease compensation. no-one can change the past, but one of us could change your future
Asbestos related disease compensation no-one can change the past, but one of us could change your future Although asbestos was introduced into the UK in the 19th century, it s only in the last few decades
More informationAsbestos in the Home and Workplace June 2012
June 2012 This fact sheet provides information to people who are trying to determine whether there is asbestos-containing material in their home or workplace, and what they might do if there is asbestos.
More informationWorkers compensation for asbestos related disease in Canada
Workers compensation for asbestos related disease in Canada Katherine Lippel Canada Research Chair in Occupational Health and Safety Law University of Ottawa With the assistance of Valerie Kleinman, Friha
More informationWilliams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011
Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for
More informationHOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1019 CS Asbestos and Silica Claims SPONSOR(S): Pickens and others TIED BILLS: IDEN./SIM. BILLS: SB 2562 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Civil
More informationEXHIBIT A. United States House of Representatives
EXHIBIT A United States House of Representatives Judiciary Committee s Subcommittee on Regulatory Reform, Commercial and Antitrust Law Testimony of Marc Scarcella Bates White, LLC 1300 Eye Street, NW Suite
More informationAsbestos and your lungs
This information describes what asbestos is and the lung conditions that are caused by exposure to it. It also includes information about what to do if you have been exposed to asbestos, and the benefits
More informationBLR s Safety Training Presentations
BLR s Safety Training Presentations Asbestos Safety 29 CFR 1910.1001 I. Background for the Trainer: The OSHA Asbestos Standard for general industry, found in 29 CFR 1910.1001, requires information and
More informationMount Sinai Pediatric Environmental Health Specialty Unit WTC Asbestos Fact Sheet
This fact sheet answers frequently asked health questions (FAQs) about asbestos. It is part of a series of fact sheets describing potential health risks to children from exposures related to the World
More informationLung cancer and asbestos
Lung cancer and asbestos Bureau Veritas Training Bill Sanderson For the benefit of business and people To begin with.. There are known knowns, that is there are things we know that we know. There are known
More informationAbnormalities Consistent with Asbestos-Related Disease Among Long-Term Demolition Workers
Abnormalities Consistent with Asbestos-Related Disease Among Long-Term Demolition Workers Stephen M. Levin, M.D. Mount Sinai School of Medicine New York, New York November 1994 The Center to Protect Workers
More informationOccupational respiratory diseases due to Asbestos. Dirk Dahmann, IGF, Bochum
Occupational respiratory diseases due to Asbestos Dirk Dahmann, IGF, Bochum Contents Introduction Diseases Further Effects Preventive Strategies Conclusion Asbestos minerals Woitowitz, 2003 Imports (+
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE
Filed 2/21/14;pub. & mod. order 3/2/414 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE ELAINE M. PAULUS et al., Plaintiffs and Respondents,
More informationProof of Claim Form for Asbestos-Related Personal Injury Claims
UNITED STATES MINERAL PRODUCTS COMPANY ASBESTOS PERSONAL INJURY SETTLEMENT TRUST Proof of Claim Form for Asbestos-Related Personal Injury Claims Submit completed claims to: Claims Resolution Management
More informationQuigley Asbestos PI Trust
Quigley Asbestos PI Trust Claim Form for Unliquidated Asbestos Personal Injury Claims General Instructions for Filing this Claim Form: This Claim Form should be completed only by holders of Unliquidated
More informationAndrews Publications Tobacco Litigation 2000 THEORIES FOR THE REDUCTION OF DAMAGES
THEORIES FOR THE REDUCTION OF DAMAGES By Steven Wright Brita J. Forssberg SYNERGISM Effect of cigarette smoking is greater than that of asbestos. Synergism Synergism Lung cancer incidence rates, expressed
More informationAsbestos exposure during Canterbury rebuild unlikely to cause significant health problems for house occupants report finds
News release from the Royal Society of New Zealand and the Office of the Prime Minister s Chief Science Advisor 15 April 2015 Asbestos exposure during Canterbury rebuild unlikely to cause significant health
More informationOther Asbestos Disease (Level I) Asbestosis/Pleural Disease (Level II) Asbestosis/Pleural Disease (Level III)
Congoleum Plan Trust Claim Form for Asbestos Personal Injury Claims General Instructions for filing this Claim Form: This Claim Form for Asbestos Personal Injury Claims should be completed only by holders
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report
More informationHealth effects of occupational exposure to asbestos dust
Health effects of occupational exposure to asbestos dust Authors: N.Szeszenia-Dąbrowska, U.Wilczyńska The major health effects of workers' exposure to asbestos dust include asbestosis, lung cancer and
More informationASBESTOS AWARENESS TRAINING. Title 8, GISO Section 5208
ASBESTOS AWARENESS TRAINING Title 8, GISO Section 5208 What is Asbestos? Generic term for group of minerals known for their strength, flame/heat resistance, & indestructible qualities. Miracle mineral
More informationAsbestos. Endereço eletrônico http://www.atsdr.cdc.gov/asbestos/asbestos_whatis.html. What Is Asbestos? General Definition.
Endereço eletrônico http://www.atsdr.cdc.gov/asbestos/asbestos_whatis.html Search Index Home Glossary Contact Us CONTENTS Asbestos What Is Asbestos? Polarized Light Microscopy Slide of Asbestos Fibers.
More informationInstructions for Filing Claims
The T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust (the Trust ) was established as a result of the bankruptcy of T H Agriculture & Nutrition, L.L.C. ( THAN ). The Trust was created
More information