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

Posts by: Steven Kazan

Coping With Asbestos Exposure: Advice to the Residents of Libby, Montana

asbestos exposureHarmful asbestos exposure from a now-closed vermiculite mining operation has caused the rural town of Libby, Montana to become a major crisis in both public and environmental health in the U.S.

On November 18, 1999, writer Andrew Schneider of the Seattle Post-Intelligencer broke the story revealing there had been hundreds of illnesses and deaths in Libby over the past 70 years resulting from asbestos exposure associated with Libby’s vermiculite mining and milling operations.  In 2002 Libby was added to the federal Environmental Protection Agency’s “National Priorities List.”

At first investigators assumed that those sickened were all workers at the nearby mine. But the illnesses weren’t appearing only in mine workers. Family members were stricken, too, as were residents of the town who had nothing to do with the mining business.

Investigations by alarmed government agencies — including the E.P.A, the Geological Survey and the National Institute of Environmental Health Sciences — established that miners brought asbestos fibers back to town with them on clothes, vehicles and other possessions.  Residents, including children, not associated with mining also received asbestos exposure because the mining companies had provided  vermiculite for the construction of ball fields, school running tracks, playgrounds, public buildings and facilities, as well as for private gardens and house and business insulation. The crisis in Libby suggested to researchers that people were being sickened by far smaller exposures than had been thought to cause harm.

Intensive clean-up efforts by E.P.A. are ongoing and research efforts are underway to explore asbestos exposure and disease development in Libby.  E.P.A. has set up websites to help Libby residents cope with asbestos exposure.  Here is their advice:

If you suspect you have a significant exposure to asbestos, there are some things you should do:

  1. Stop on-going exposures.
  2. Stop exposure to tobacco smoke.
  3. Get regular health checkups.
  4. Get prompt medical attention for any respiratory illness to prevent infections that can attack weakened lungs.

See Your Doctor

Individuals exposed to asbestos should inform their doctor of their history and any symptoms. An exam, including a chest x-ray and a lung function test, may be recommended.

Symptoms may not become apparent until long after exposure. If you have any of the following symptoms, you should consult your doctor without delay:

  • Shortness of breath.
  • A cough or a change in cough pattern.
  • Blood in the fluid coughed up
  • Pain in the chest or abdomen.
  • Difficulty in swallowing or prolonged hoarseness.
  • Significant weight loss.

Asbestos Industry Affiliation Gets Scientist Rejected As Possible Head of French Public Health Agency

asbestos industryIf you’ve been exposed to asbestos, that means that you’ve been lied to. You were assured that the materials you were working with or the place where you worked or lived was safe.  You were not told that you were being exposed to asbestos which could cause you to develop a fatal disease called mesothelioma or other cancer.

If you’ve been exposed to asbestos, you understand the importance of knowing the truth.  Truth is a golden thread woven into all that we hold dear. Without truth, justice would perish from the earth. Truth is the basis of all law.

So I am pleased to report that in an important scientific matter that involved the potential falsification of public health policy by asbestos interests, truth has prevailed.

A prominent European scientist Dr. Paolo Boffetta  who was on track to become the next head of France’s leading epidemiology institute, the Centre for Research in Epidemiology and Population Health (CESP) has been asked to withdraw his candidacy for that position.  Why?  Because he reportedly took bribes from the asbestos industry to not tell the truth.

Boffetta is alleged to have been paid by an Italian asbestos company to help it defeat charges of criminal negligence, causing the deaths of a dozen workers who died from mesothelioma after being exposed to asbestos used at the company’s  factory in Italy.

At the same time, Boffetta co-authored a scientific article concluding that , “… that the mesothelioma-producing potential of chrysotile is low and thus the number of mesothelioma deaths will be too unstable to be used to estimate the lung cancers caused by it.”  Boffetta  declared  he had no conflict of interest. Yet  Boffetta  apparently intended to use the article as evidence to help the asbestos industry avoid blame.

Boffetta’s corruption was the subject of investigative reporting by Le Monde, France’s leading newspaper and Boffetta’s defense of asbestos in his scientific journal article was severely criticized by scientists for putting forward inaccurate and misleading information to serve the interests of the asbestos industry.

“When scientists sell their integrity to become highly paid consultants for toxic industries, they become a threat to science and a danger to the health of people and the environment,” observed international anti-asbestos activist Kathleen Ruff.

The National Institute for Health & Medical Research (INSERM) and the University of Paris-Sud, who are responsible for appointing the CESP Director, required Boffetta to withdraw his candidature.  The appointment process was very far advanced. Boffetta was the only candidate being considered and the appointment was expected to be shortly confirmed.

That Boffetta was even considered for this important health policy post is an outrage. But thankfully at this point the public’s best interest and the truth have prevailed.

Outraged Scientists Protest Asbestos Industry Influence

asbestos industryHere at Kazan Law, we obtain justice for our clients who have been exposed to asbestos and have developed mesothelioma. Just last week we again were able to win a big verdict for clients against a big corporation called Pneumo Abex. We win against the asbestos industry because we are good at what we do and have decades of experience. But we are able to successfully argue our case and obtain justice because there are law recognizes the dangers that occur when corporation  knowingly expose people to asbestos. These legal rules are made based on scrupulous and thorough scientific research proving the link between asbestos exposure and the development of malignant mesothelioma and asbestosis.

But what if the asbestos industry was able to bribe scientists to publish research falsely claiming that asbestos did not cause harm?  And what if these false research articles denying the harmful effects of asbestos for corporate profit became the basis for weakening the laws against asbestos exposure and blocking criminal convictions against corporate offenders?  What if the asbestos industry could call the shots?

This is what seems to be what is happening in Europe.  You may think, oh Europe, that’s not the U.S. so who cares?  But we need to be vigilant and watch very carefully what happens there.  Because today more than ever, corporations are multinational entities.  So are scientific journals. Influential medical research articles published in Europe or other countries can become the basis for changes in medical issues here.

So it is with keen interest we note a letter of outraged protest against the asbestos industry from over 130 scientists, health advocates and organizations to the European Cancer Prevention Organization.  The letter charges that there are serious scientific and ethical improprieties in an article on asbestos published by the organization’s official scientific journal, the European Journal of Cancer Prevention .

The letter calls for the termination of Dr. Carlo La Vecchia as an associate editor of the journal and a member of the organization’s International Advisory Board. Dr. La Vecchia co-authored the article in question with Dr. Paolo Boffetta.  Both men co-own a consulting company that provides services for asbestos companies trying to beat criminal charges for causing the deaths of their employees from mesothelioma.

We are dismayed that pseudo-scientific stooges for asbestos interests have been able to get this far and hope for all of our sakes that this courageous letter is heeded.

Kazan Law Ranks #2 in Million Dollar Verdicts of 2013

Joseph Satterley

Joseph Satterley

I am proud to announce that our asbestos law firm has been recognized for having the second highest ranking for a product liability verdict in the important annual California’s Million Dollar Verdicts list published by the authoritative source of California legal news The Recorder. This victory was the eighth highest among all verdicts awarded in California in 2013.

Kazan Law rated this honor for our June 5, 2013 verdict awarding plaintiffs Rose-Marie and Martin Grigg a total of $27,342,500 in damages for Mrs. Grigg’s asbestos-caused mesothelioma.

Evidence introduced during the trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on the company’s Kaylo brand of insulation showed that exposure to the asbestos in the product could cause fatal disease.

Owens-Illinois nonetheless advertised Kaylo as “non-toxic” and did not state that the product contained asbestos. Kaylo was packaged in boxes without warning about the health hazards associated with asbestos exposure.

“If we live in a society where product manufacturers are not held responsible for products once those products leave their possession, the world we live in is a dangerous place,” Kazan Law partner Joseph D. Satterley said to the jury when he asked them to find justice for Mrs. and Mr. Grigg.

The Recorder is the leading source of important California legal news and information. For over a century, it has provided legal news that California companies and law firms rely on to stay up to date on a wide spectrum of legal issues. In both its print and digital editions, it focuses on legal developments that are considered important news in litigation and judiciary matters.

The Recorder’s annual California Top Verdicts & Settlements issue is one of their most anticipated issues of the year. Making it on there is a sign we’re one of this nation’s best asbestos law firms.

This important annual compilation list is based on VerdictSearch, a comprehensive database of civil and criminal court cases, jury verdicts, legal judgments and settlements. The Recorder’s list highlights the top verdicts of California law firms from the year that just ended. It will be available on The Recorder’s site for the entire year

Pneumo Abex Corporation – A History of Asbestos Death and Disease

Pneumo AbexWhen I tell people that I am an attorney who seeks justice for those who have been exposed to asbestos, some people react with surprise. “Exposed to asbestos?” they ask.  “Does that still happen?  Is anyone exposed to asbestos anymore?”

Sadly yes. Thousands of people have been exposed to asbestos in the decades since it has become common knowledge about the fatal damage that being exposed to asbestos causes to the lungs. People are being exposed to asbestos right now.  I wish this wasn’t true.

But there are two types of people in this world.  There are people who try to do well by doing good. And unfortunately there are people who will do anything for money. Even if it gets innocent people killed. And that is how people get exposed to asbestos.

Consider the Pneumo Abex Corporation.  Founded in 1928 in Portsmouth, Virginia as the American Brake Shoe and Foundry, Pneumo Abex produced asbestos-containing products until 1987.

Gordon Bankhead worked with Pneumo Abex brake linings from 1965 to 1999 servicing and repairing vehicles at an Oakland, CA shipping company. He helped inspect, replace and grind asbestos-containing brakes. In doing this, he breathed deadly asbestos dust. He died from mesothelioma in 2011 at age 68.

An Alameda County, California jury returned an $11 million verdict in an asbestos wrongful death suit (Emily Bankhead, Tammy Bankhead, and Debbie Bankhead Meiers v. ArvinMeritor, Inc., et al., Alameda County Superior Court Case No. RG12632899) against Pneumo Abex LLC on January 15, 2014. Kazan Law partner David McClain represented the Bankhead family. This follows a January 2011 verdict assessing punitive damages against Phuemo Abex LLC of $9 million along with compensatory damages for Mr. Bankhead’s pain and suffering and for his wife Emily’s suffering as she watched his disease progress and take his life.

Evidence our firm brought forward in the Bankhead case and an earlier case (Robert Frank Smith and Mary Lou Smith v. Pneumo Abex LLC, Los Angeles County Superior Court No. BC396072) proved that Pneumo Abex knew of the deadly health effects of breathing asbestos dust since at least the 1940s, but that Pneumo Abex did not begin warning  customers of those effects until years after their customers’ employees like Mr. Bankhead and Mr. Smith were exposed to the asbestos-containing brakes it made and sold. In fact, Pneumo Abex was involved in medical studies on the health effects of asbestos during the 1930s and 1940s and its medical director was a frequent speaker on asbestos health hazards during the 1940s.

The company knew by then that asbestos killed. By the 1950s they knew it caused lung cancer and by 1963 they knew it caused mesothelioma. Despite its knowledge of the hazards of asbestos, Pneumo Abex continued to sell asbestos-containing brakes until 1987 without warning its victims of the dangers of asbestos or the risk of fatal cancer.

Scientist Secretly Associated with Asbestos Industry May Help Weaken Asbestos Laws

asbestos lawsCreating asbestos laws depends on rigorous honest scientific information.  In order for asbestos laws to protect people, lawmakers need reliable scientific evidence about the harm asbestos exposure does to people exposed to this highly toxic substance.

New stricter asbestos laws and better regulations regarding workplace and product safety to prevent asbestos exposure often hinge on testimony from scientific experts in medicine, epidemiology and toxicology.  When leading scientists allow themselves to become corrupted by money from industries with vested interest in weaker rather than stronger asbestos laws, public health suffers.  Individual people suffer.  They become very sick and die because asbestos laws in their country failed to protect them.

The outcome of asbestos court cases can also depend on reliable scientific evidence about asbestos because courts and juries need to know the facts to determine whether asbestos laws were violated.

We have reported here about university scientists in the U.S., Scotland and Canada who are accused of selling out to the asbestos industry.  Now, new evidence points to a prominent European scientist who is alleged to also have been swayed by asbestos industry bribes.

What is most disturbing is that the scientist in question, Paolo Boffetta, is expected to become the next head of France’s leading epidemiology institute, the Centre for Research in Epidemiology and Population Health (CESP).  This would greatly increase his influence over France’s asbestos laws and regulations.

Kathleen Ruff, an international anti-asbestos advocate based in Canada, reports that Boffetta was the lead author of an industry-friendly article, Estimating the asbestos-related lung cancer burden from mesothelioma mortality, in the British Journal of Cancer.

 

The article concludes, “… that the mesothelioma-producing potential of chrysotile is low and thus the number of mesothelioma deaths will be too unstable to be used to estimate the lung cancers caused by it.”

Bofetta submitted the article under the auspices of the International Agency for Research on Cancer (IARC).  Bofetta, along with the other authors, declared “no conflict of interest”.

Yet at the same time that he was co-writing IARC’s article, Boffetta reportedly was being paid by an Italian asbestos company to help it defeat charges of criminal negligence, causing the deaths of a dozen workers who died from mesothelioma after being exposed to asbestos used at the company’s Montefibre factory in Italy.

Keep in mind that the IARC is the cancer agency of the World Health Organization.  So this chain of events is like discovering that the National Cancer Institute of NIH has been infiltrated and corrupted by the asbestos industry.

Bofetta testified in support of the company’s argument that if workers had been exposed to asbestos in the distant past, it did not matter if they were subsequently exposed to asbestos. He claimed that repeated, subsequent doses of asbestos do not cause further harm to workers so there should be no consequences to the company for having continued to expose its workers to asbestos over the ensuing decades.

Italian epidemiologist Dario Mirabelli noted according to Ruff’s report that Boffetta considered “a very limited number of studies and the results of those that were considered, were selectively reported. For example, they cite our most recent article on mortality among workers in the Eternit plant in Casale Monferrato, but they do not cite our main result, which is that mesothelioma mortality is directly proportional to the duration of exposure asbestos.”

So in other words, the fox can’t be trusted to guard the henhouse.

Kazan Law Helps to Fund Public Justice Attorney Leah Nicholls

Leah Nicholls

Leah Nicholls
Photo credit: Public Justice

Giving back is one of our guiding principles at Kazan Law.  Because we work with mesothelioma patients and their families, much of our giving back goes to mesothelioma research.  However, helping to fund research for new treatments and cures for mesothelioma is just part of the story for us. We also believe in giving back to further the pursuit of justice.

We are proud to donate to nonprofit legal organizations that take on the tough ones and stand up for humanity.  As legal advocates for victims of asbestos exposure, we defend our clients against corporate misconduct and we gladly support legal assistance for those who need it in other causes.

One of the organizations we support is aptly named Public Justice.  Based in Washington D.C. and Oakland, they consider themselves America’s public interest law firm and according to their mission statement, they:

  • protect people and the environment
  • hold the powerful accountable
  • challenge government, corporate, and individual wrongdoing
  • increase access to justice
  • combat threats to our justice system
  • inspire lawyers and others to serve the public interest

Kazan Law helps fund Public Justice by co-underwriting together with another firm a full-time position for one of their attorneys.  Her name is Leah Nicholls and since joining Public Justice’s Washington D.C. office in September 2013, she has helped defend residents of a rural island community against a toxic bauxite refinery, protect the injury settlement of an airlines employee, ensure access by citizens to state government records in Virginia, challenge Texas health regulations over a salmonella outbreak due to unsanitary poultry facilities, argue for a WalMart employee’s right to disability benefits and argue other cases, many involving the Supreme Court.

Leah said in a recent memorandum, “This past year has been both challenging and rewarding, and I am extremely lucky to be able to do the kind of important work that Public Justice does at the highest levels. I am deeply grateful to Steven Kazan for this outstanding opportunity.”

And I am deeply proud of what this young attorney has accomplished at Public Justice in such a short time and look forward seeing all that she will do in the years to come.

Jury Awards $11 Million in Asbestos Wrongful Death Lawsuit

asbestos wrongful death

Emily and Gordon Bankhead

An Alameda County, California jury returned an $11 million verdict in an asbestos wrongful death suit (Emily Bankhead, Tammy Bankhead, and Debbie Bankhead Meiers v. ArvinMeritor, Inc., et al., Alameda County Superior Court Case No. RG12632899) against Pneumo Abex LLC on January 15, 2014. Kazan Law partner David McClain represented Emily Bankhead, Tammy Bankhead, and Debbie Bankhead-Meiers, the widow and adult daughters, respectively, of Gordon Bankhead. A prior jury had found that Pneumo Abex’s asbestos-containing brakes were defective, and that Pneumo Abex negligently, intentionally, and maliciously caused Mr. Bankhead’s mesothelioma, who died from the disease at age 68.

Mr. Bankhead’s tragic death gave rise to a new case to compensate his family for their loss of his companionship for all the years by which his life was cut short. This wrongful death lawsuit was filed by our asbestos law firm on the Bankhead’s behalf. In this second trial, which commenced January 13, 2014, Pneumo Abex was not allowed to dispute its responsibility for Mr. Bankhead’s death. The jury was not told the reasons for Pneumo Abex’s liability, nor were they told about the circumstances of Mr. Bankhead’s death. The jury was tasked with deciding the full amount of Mr. Bankhead’s widow’s and daughters’ losses due to his wrongful death 17 years before his life expectancy.

The jury valued Emily Bankhead’s losses at $6 million, and Tammy Bankhead’s and Debbie Bankhead-Meiers’s losses at $2,500,000 each. “This verdict shows that wrongful death cases are extremely valuable and undervalued by insurers and defendants,” stated Mr. McClain. “The jury returned a reasonable and fair decision that shows how jurors value the loss and love of a parent and family.”

According to Mr. McClain, “No amount of money can make up for Mr. Bankhead’s death, but we at Kazan Law and the family take comfort from the jury’s swift and just verdict.”

Gordon Bankhead worked from 1965 to 1999 in the service and repair of heavy duty vehicles as a Parts Man. He regularly handled asbestos-containing brakes, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes. All of these activities caused him to breathe deadly asbestos dust. Pneumo Abex manufactured many of the brake linings Mr. Bankhead was exposed to.

Mr. and Mrs. Bankhead were represented in their first trial by Kazan Law partners Joseph Satterley and Justin Bosl, and former partner Leigh Kirmsse. The jury awarded Mr. Bankhead $1,470,000 for his past and future economic loss, and $1,500,000 for his pain and suffering. The jury also awarded his wife, Emily Bankhead $1,000,000 for her loss of her husband’s support and companionship. The jury found that defendants’ actions were malicious, fraudulent, and/or oppressive and awarded $9,000,000 in punitive damages against Pneumo Abex. Pneumo Abex appealed the verdict, which was subsequently upheld.

Chevron Punished for Misconduct in Asbestos Exposure Case

asbestos exposure caseYesterday I wrote about the order Kazan Law obtained punishing Union Oil for not producing its corporate witness to testify about its past wrong-doing toward asbestos victims. On the same day as Judge Jo-Lynne Q. Lee of the Alameda County Superior Court issued that order, she also punished Union Oil’s parent company, Chevron, for similar misconduct in an asbestos exposure case. Judge Lee granted Kazan Law partner Justin Bosl’s request to sanction Chevron $1,060 in the asbestos exposure case of Patricia and Billy Joe Sendle.

Billy Joe Sendle was a longtime welder for PG&E in Richmond, Merced, and Fairfield, California. During his work he encountered an asbestos pipe-coating called Somastic, which was developed and licensed by Chevron. He brought the asbestos dust home on his clothing and person. His wife, Patricia, was exposed to that dust, especially when doing his laundry. She now has mesothelioma. Chevron delayed producing its corporate witness for months, resulting in Judge Lee’s order sanctioning it. We hope Chevron will produce a witness soon for this asbestos exposure case to answer for its actions in developing and selling a deadly product.

Related postJudge Orders Monetary Sanctions Against Union Oil

Judge Orders Monetary Sanctions Against Union Oil

Union OilFrank Rondon was exposed to asbestos in brakes supplied by Union Oil when he worked as a service station attendant at Felix Union 76 in Los Altos, California in the early 1970s. Mr. Rondon came to Kazan Law for help after tragically learning that he has mesothelioma.

On November 22, 2013, Alameda County Superior Court Judge Jo-Lynne Q. Lee granted a preferential trial date and issued an order to defendants Union Oil to provide deposition dates for their corporate representatives no later than December 20, 2013.

Union Oil attended the case management conference on December 20th with no date to offer. In response, Judge Lee issued a second order to Union Oil to provide dates for deposition of their corporate representatives no later than January 7, 2014.  Counsel for Union Oil promised she would oblige.

On January 10, 2014, despite Judge Lee’s multiple orders and the promises of their counsel, Union Oil still had not provided dates for the deposition. Judge Lee ordered monetary sanctions against Union Oil in the amount of $200.00. It may not seem like much, but we’ve learned that money is all big companies care about, and with Judge Lee’s active intervention, we hope Union Oil will finally produce a witness who can be forced to admit the facts about corporate wrongdoing. This means that Kazan Law partner Justin Bosl will have a stronger case when we go to trial.

Related post: Chevron Punished for Misconduct in Asbestos Exposure Case

 

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