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

Posts by: Steven Kazan

New Tool Invented To Detect Airborne Asbestos Exposure

asbestos exposureWhen it comes to asbestos exposure, a little bit goes a long way in a very bad way.  It takes only a tiny spec of asbestos fiber too small to be seen by the human eye to cause a lethal amount of asbestos exposure if regularly inhaled into the lungs over time.  Then it takes decades for symptoms of mesothelioma, the fatal lung disease caused by asbestos exposure, to emerge.  And by the time it is diagnosed, it is usually too late.

Wouldn’t it be wonderful then to have a way to instantly test an environment for the presence of asbestos before any harmful asbestos exposure takes place?  It could potentially save the lives of thousands of construction workers, firefighters, factory employees, home repair contractors and DIY home renovators. And maybe eventually decrease the number of new mesothelioma cases diagnosed in the United States each year from its current 3000 to a much lower rate.

Maybe this will be possible with a new tool invented in a university laboratory in England that promises to detect minute asbestos particles in an indoor environment.

As reported in a Canadian business journal, researchers at the University of Hertfordshire have developed a new tool to detect airborne asbestos on any worksite without the need to send air samples to a laboratory for testing.

The sensor, which uses lasers and magnets to identify asbestos particles, reportedly will be commercially available next year under the trade name Asbestos Alert.

Research on the project began over 20 years ago as an effort to identify airborne biological particles such as spores and fungi. Someone suggested to the researchers that they try using the device to test for asbestos fibers in the air as well.

The Hertfordshire team produced a half-dozen working prototypes that were sent to various construction sites for real world testing by companies specializing in asbestos removal. The final working design will be small enough to be portable to any site.

“When the machine alerts the user with an audible or visual signal, it’s 99 per cent certain that the air around you contains asbestos,” said researcher Paul Kaye, a professor at the Center for Atmospheric and Instrumentation Research at the University of Hertfordshire, “At that point, the worker can choose to either put on a mask or pack up the tools and leave the work area. I know which one I’d do.”

9/11 Clean-up Workers Exposed to Asbestos Contamination Fear Losing Health Benefits

asbestos exposureThe dangers of asbestos contamination were well-documented long before terrorists struck on Sept. 11, 2001.

But immediately afterward, a number of federal and state safeguards for cleaning up hazardous materials were waived because of the state of emergency, according to a new article just published in the suburban New York newspaper Newsday.

After the Twin Towers fell, more than 2,300 clean-up workers were called in to remove debris including the toxic dust blown into surrounding buildings. Many now have developed health problems. Interviews with almost 2,000 out of the 2,332 known Ground Zero asbestos workers have revealed that hundreds weren’t properly equipped.

During that chaotic time, under pressure to work swiftly, safety shortcuts were taken exposing workers to asbestos contamination, the article states.

“People initially were using asbestos masks, but they got clogged so fast,” one worker told a reporter.

Former workers further told Newsday that they were assured it was safe to remove their masks. They ate food donated by local restaurants unaware of settling dust causing asbestos contamination to their meals.  They also changed into their street clothes unaware that they were also contaminated.

Unlike emergency responders, some clean-up crews spent years working in the area and the longer exposure intensified the asbestos contamination health risks.

And while Ground Zero asbestos-removal crews are now at risk of developing mesothelioma and other cancers, there’s no guarantee they’ll have their future medical bills covered.

Mesothelioma, usually diagnosed decades after asbestos contamination, could emerge long after the free, federally funded World Trade Center health program runs out of money in 2016.

Two years ago, the September 11 Victim Compensation Fund was reactivated to help cover economic losses and out-of-pocket medical expenses incurred by workers, survivors and victims’ relatives. But that fund must pay out all of nearly $2.8 billion by 2017, officials said. After then, it’s uncertain whether Congress will renew funding for either program.

The U.S. Occupational Safety and Health Administration, the lead agency overseeing worker safety at Ground Zero, denies that asbestos workers were ignored.

“OSHA disputes any characterization that it neglected any group of workers, including non-English-speaking workers, during 9/11 recovery operations or at any other time,” Edmund Fitzgerald, an OSHA spokesman, said in a statement.

We at Kazan Law salute these loyal patriotic workers who were put in harm’s way to do work so crucial to the nation’s recovery from that horrific day.  The least we as a country can do is to make sure they have continued medical monitoring for asbestos and other work-related disease for the rest of their lives, and that provision be made to further compensate those who are unfortunate enough to develop disabling or fatal diseases, no matter how long from now that might occur.

New Evidence Reveals That Scientists Were Paid by Chrysotile Industry to Write Pro-Asbestos Article

asbestos industryWhen is a grant not a grant?  When it is really a consulting fee, according to a group of angry asbestos activists, including several physicians. The asbestos activists recently wrote a scathing letter to the editor of a medical journal to protest an article it published that was favorable to asbestos. In their letter, which is posted on the Asian Ban Asbestos Network’s Facebook page, the asbestos activists cite new evidence that the scientists who authored the article received consulting fees – not an unrestricted grant – from the International Chrysotile Association (ICA), as stated in the article.

They further note that the medical journal’s editor Roger McClellan, to whom the letter is addressed, is a personal friend of the article’s lead author David Bernstein PhD. and that McClellan himself also at one time received payment to testify on behalf of an asbestos company.

“We believe the article violates ethical standards of disclosure that all scientists and scientific publications are expected to uphold,” the asbestos activists state in the letter protesting the article “Health Risks of Chrysotile Revisited,” published in the journal Critical Reviews in Toxicology.

Chrysotile, a white asbestos, is the most widely used form of asbestos, making up about 95% of the asbestos in the United States and a similar level in other countries.  It has been included along with other forms of asbestos as a carcinogen by the International Agency for Research on Cancer and the U.S. Department of Health and Human Services.  Epidemiologists and other scientists have published peer reviewed scientific papers establishing chrysotile as a leading cause of mesothelioma.

Chrysotile has been recommended for inclusion in the Rotterdam Convention on Prior Informed Consent, an international treaty restricting global trade in hazardous materials. If listed, exports of chrysotile would be allowed only to countries that explicitly consent to importing it. Canada, a major chrysotile producer, has been criticized by the Canadian Medical Association for opposing including chrysotile in the Convention.

The letter to McClellan is signed by Canadian asbestos activist Kathleen Ruff and four physicians, three Canadian and one Korean, who specialize in public health and preventive medicine.

The asbestos activists’ letter objects to the fact that undisclosed financial interests of scientists who claim to be impartial may have influenced them to conclude that chrysotile may not be so bad after all.  The article in question concludes, “The importance of the present and other similar reviews is that the studies they report show that low exposures to chrysotile do not present a detectable risk to health.”

The letter writers state that a key ICA official has confirmed that Bernstein invoiced ICA a total of $200,000 to write those words and that he has in the past been paid by asbestos producer Georgia Pacific to write similar articles.  “A New York court has ruled that such conduct by Dr. Bernstein constitutes potential crime-fraud,” the letter says.

Kazan Law Gives Back Through the Chronicle Season of Sharing Fund

Season of SharingAt Kazan Law we believe in giving back. In fact, our firm has its own foundation set up for that purpose. Over the last 20 years we have given over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research. This is one way we are giving back to the community of mesothelioma patients and families whose rights we fight for as asbestos litigation attorneys.

But we also believe in giving back to the community our law practice calls home as well as communities all across the US by supporting programs that help provide relief to the poor, distressed or under-privileged everywhere.

At this special time of year as we gather together in our homes to give thanks for our blessings, we at Kazan Law are especially touched by the poignant needs of those who struggle daily with securing for themselves and their families that basic of all human comforts – a home.

A home is an important cornerstone to a person’s wellbeing every day of the year but home takes on special significance at the holiday season. That is why to honor the holiday season we are giving back by donating $20,000 to a special organization called the Chronicle Season of Sharing Fund.

The Chronicle Season of Sharing Fund provides temporary assistance to help people living in Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties. Over the last 27 years, the Chronicle Season of Sharing Fund has distributed more than $91 million to help individuals and families in need. Please take a moment and read some of the heartwarming stories about how people have been helped.

It is important to understand that vulnerable individuals and families may be facing loss of their home simply because of the changes rapidly occurring around us here in the Bay Area.

“As the center of the technology industry has moved north from Silicon Valley and the money from tech companies has flowed into the city, income disparities have widened sharply, housing prices have soared and orange construction cranes dot the skyline,” the New York Times reported about our region just this week. “More and more longtime residents are being forced out as landlords and speculators race to capitalize on the money stream.”

While the tech boom has enriched our region in many ways, it has also exacerbated the threat of homelessness for those all ready coping with life challenges. We are proud to support the Season of Sharing Fund campaign.

Asbestos Exposure Continues to be a Danger

asbestos exposure Asbestos exposure still persists as a health threat.  Not just in third world countries with lax rules for hazardous materials but also in highly regulated countries like the United States and Canada.  Those of us involved in asbestos victims’ advocacy are so acutely aware of the continued pervasiveness of asbestos exposure that it always comes as kind of a shock when people seem oblivious to it.

But still I was very surprised when I came across this opening sentence in a recent scientific article about  asbestos exposure:  Asbestos describes a group of naturally occurring silicate mineral fibers that were frequently used in industry during the 20th century due to their desirable flame retardant and tensile properties.

Although the article goes on to clarify that asbestos exposure continues and “the burden of disease is considerable,” the opening sentence sets a misleading tone that unfortunately all too many people hold to be the truth.  In my decades of experience as an asbestos litigation attorney, I continue to be amazed by how the overwhelming majority of Americans believe that asbestos exposure is a thing of the past. This is certainly not the case.

According to the Centers for Disease Control’s Toxic Substances and Disease Registry, asbestos in the US today is still used in

The assumption that asbestos is now mostly a historical problem affecting only people who worked in construction and other industrial trades is a dangerous one to make.  According to some estimates the global trade in asbestos may have increased by as much as 20 percent last year with global exports said to have increased from 1,081,885 tons in 2011 to 1,327,592 tons in 2012. Russia is said to now be the world’s leading exporter of asbestos.

Although asbestos becomes dangerous only when disturbed or damaged, it is naive to presume that the products it is currently approved for use in here in the U.S. will remain intact and never break down.  When asbestos breaks down, bad things happen.  Dust and fibers released can find their way into the lungs if inhaled.  The resulting damage can take decades to emerge.  When it does emerge as mesothelioma it is a death sentence.  In the future we may see more cases of mesothelioma in people who were exposed without their knowledge and without working in occupations typically associated with asbestos-related diseases.

Asbestos Activist Laurie Kazan-Allen Receives England’s Robert Tressell Award

Laurie Kazan-AllenHelping those exposed to asbestos achieve justice is what we do at Kazan Law. I take great pride in having founded this firm and in our victories in this area.  But I also take great pride in personally introducing a leading asbestos activist to the struggle against asbestos exposure which set her on a path to help protect people around the world from its fatal consequences. She happens to be my sister Laurie Kazan-Allen.

Lest you think that it is only familial pride that prompts me to talk about my sister, I am pleased to tell you that she has just received the United Kingdom’s Construction Safety Campaign’s distinguished Robert Tressell award for her work as an asbestos activist.

The Robert Tressell Award is given to an individual who has provided outstanding service and commitment to workers in the UK by campaigning for safe working environments and assisting those who have been harmed or are suffering from occupation-related diseases.

According to official sources, Laurie received her award for “her global campaign against asbestos, her editorship of the British Asbestos Newsletter and her galvanizing of campaigners globally to one day deliver an asbestos-free world for the future generations of mankind.” “I am,” she said “honored by this recognition from construction workers, a group with one of the highest rates of asbestos-related disease. The CSC and its members are fully aware of the ongoing risks posed by occupational asbestos exposure and have played a frontline role in the campaign for asbestos justice in the UK and abroad.”

In addition to publishing the British Asbestos Newsletter, a periodical widely acknowledged as the authoritative resource for the UK campaign for asbestos justice, Laurie has been involved as an asbestos activist for over 20 years on global anti-asbestos initiatives.

She leads The International Ban Asbestos Secretariat (IBAS), which helps coordinate international asbestos conferences and is actively involved in UK and international asbestos issues. The IBAS website reports on current asbestos developments as well as on IBAS initiatives and events. Laurie has also published several books and monographs on asbestos topics.

“It was a complete surprise,” Laurie said in an email telling me about her award, “But nevertheless, it is wonderful to be recognized by the trade unionists for the work I have done.”

Kazan Law Acclaimed As Guardian of Justice By Alameda County Bar Association

Guardians of Justice awareKazan Law, I am proud to tell you, is one of a handful of regional law firms just recognized by the Alameda County Bar Association as a 2013 Guardian of Justice.

The Guardians of Justice is a program that tries to make sure the scales of justice remain in balance. Economic inequality in the US is at an all-time high. Repercussions in the Bay Area are glaringly steep. The drop in public and private funding for legal services has left disadvantaged citizens on their own to navigate a complex and costly legal system without desperately needed resources and assistance.

A local nonprofit legal group called the Volunteer Legal Services Corporation (VLSC) stepped in and started the Guardians of Justice program as a way to try to give lawyers and law firms a chance to help those at risk who do not have the means to pay for legal representation.

Last year, with the funds they raised, the Guardians of Justice program helped more than 1,000 low-income and disadvantaged individuals get access to legal help they could not otherwise have afforded.

Kazan Law is proud to be part of the Guardians of Justice program.  Here are some of the services they provide:

  • Monthly clinics in the areas of family law, domestic violence, bankruptcy, debt collection defense, guardianship, immigration, and landlord-tenant disputes.
  • Pairing of clients with qualified pro bono attorneys who handle complex pro bono cases.
  • Training, mentoring and malpractice insurance to volunteer attorneys, paralegals, and law school graduates.

“As leaders in the legal community, we must ask ourselves what kind of justice system do we desire? Do we want to maintain a system only available to a select few, or do we wish to support one that protects all community members equally?” VLSC asks on its website.  At Kazan Law where we advocate for the rights of people exposed to asbestos through the negligence of often big and powerful interests, we clearly support a legal system that protects all community members equally.

Meet Kazan Law Associate Julianna Rivera

Juliana RiveraOne of Kazan Law’s newest associate attorneys is Julianna Rivera.  A Detroit native and recent law school grad who passed the Michigan Bar in 2011, Julianna moved to the San Francisco Bay Area in late 2012 and passed the California Bar in February 2013.  She started at Kazan Law this past July.

Ms. Rivera’s astute knowledge of law and legal proceedings combined with her compassion for human suffering and her determination to seek justice for those wronged make her a very promising attorney for Kazan Law.  We are proud to be helping to produce the next generation of asbestos attorneys.  Now let’s talk with Ms. Rivera.

Why did you choose to become an attorney?

My undergraduate degrees are in History and Spanish, and I wasn’t quite certain about what I wanted to do next.  I decided to pursue a degree in law because I saw attorneys doing all sorts of different and compelling work.  Some were in the court room, some were doing nonprofit work and others were working in public policy and local government. Law school seemed like a natural and good stepping stone to many interesting and fulfilling career paths. And I was right.

Why did you come to work for us here at Kazan Law?

I heard that Kazan Law was looking for a law and motion attorney, and I had been working as a research attorney in the Michigan Court of Appeals.  I started researching the firm, and I was very impressed with Kazan Law’s attorneys and the big victories they win for their clients.  I wanted to be a part of a team that does meaningful and important work.  I was also excited about the prospect of working at such a strong litigation firm.

How did you become interested in working with mesothelioma and asbestos cases?

I’ve learned about asbestos and mesothelioma at Kazan Law. It’s opened my eyes to this whole area of law. Our clients are mostly workers and families who were exposed to asbestos and didn’t know it and now their lives are being cut short.  The injustice was obvious.  And because of that, I feel like it is very important that we do this work not only to help our clients but to put corporations on notice that they cannot act with impunity. That there is a civil justice system and it does work. I like the sense of purpose we have at Kazan Law.

What else do you like about your work here at Kazan Law?

I enjoy working with such a passionate and caring team.  Kazan Law really cares about their clients, and I see on a daily basis how hard our staff works, and how we don’t stop until we achieve a good outcome for our clients.

I also like how much Kazan Law cares about the community and supports nonprofits.  We have a foundation and we help sponsor fundraising events for many nonprofits such as the Alameda County Food Bank. Tonight, for example, I am going to an event for the California Rural Legal Assistance Foundation, another organization we support.

Asbestos Activist is First Recipient of New International Award

Katheleen Ruff CR Award 2013

Dr. Barry Castleman with Kathleen Ruff

An asbestos activist has been chosen for the first ever activist award given by an international science group dedicated to helping to solve global occupational and environmental health problems.

The activist is Kathleen Ruff, a Canadian long-time asbestos industry critic and board member of Canada’s Rideau Institute, a non-profit public policy research organization.  Kathleen received the Canadian Public Health Association’s National Public Health Hero Award in 2011 for her advocacy to end Canada’s export of asbestos.

She has written extensively about Canada’s asbestos industry for GBAN, the e-newsletter of the Global Ban Asbestos Network. She also founded and coordinates a human rights news website called Right On Canada.  Her article “Exposé of the International Chrysotile Association” appeared in both publications.

“It is time for the immunity – enjoyed by the asbestos industry and its lobby groups for so many decades – to end,” she said.

We cited Kathleen’s high caliber investigative reporting recently when we told you here about an academic scientist accused of colluding with the asbestos industry to downplay health risks.

The controversy centered on the accuracy of the conclusions of research on asbestos miners by McGill University’s Prof. J.C. McDonald.  “Prof. McDonald’s research was reportedly financed with one million dollars by the Quebec Asbestos Mining Association (QAMA).” Kathleen boldly revealed.

Now at its annual meeting on October 25-26, the Collegium Ramazzini presented their first activist award to Kathleen for her relentless work in the global asbestos struggle.  American asbestos expert   Dr. Barry Castleman  gave the introductory remarks.

We at Kazan Law are pleased that an asbestos activist was the Collegium’s top priority for this new award and agree that Kathleen is a worthy recipient.  Her efforts in exposing both the dangers of asbestos and the corruption surrounding its continued permitted use both are in line with the Collegium’s mission.

The Collegium Ramazzini, headquartered in Italy, assesses present and future risks of injury and disease attributable to the workplace and the environment. It focuses especially on the identification of preventable risk factors.  Asbestos exposure certainly fits that bill.

Kazan Law Selected As Best Lawyers By Prestigious Peer Review Group

Mesothelioma Attorneys Kazan Law

 

 

 

 

 

 

For our mesothelioma law practice this is turning out to be a week of accolades.  I am proud to announce that Kazan, McClain, Satterley & Greenwood has been chosen as a top tier metropolitan law firm by the prestigious Best Lawyers organization. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide.

This newest honor for Kazan Law comes on the heels of finding out that we made the cut for the US Chamber of Commerce’s list of the 15 top asbestos litigation firms in the United States – with myself  plus Joseph Satterley and Justin Bosl singled out for special mention.

“A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers,” Best Lawyers’ website states. “For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.”

The lists of outstanding attorneys are compiled by peer-review surveys.  Tens of thousands of lawyers around the country are asked to confidentially evaluate their professional colleagues. Lawyers are not permitted to pay any fee to participate in these surveys or be included in the lists. If the votes for an attorney are positive enough to be included in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition.

Kazan Law was chosen by Best Lawyers in the categories of mass tort litigation and class action suits for plaintiffs.  These are cases when many plaintiffs, i.e. people who feel they have cause to believe they have been harmed and are bringing a lawsuit against those they believe caused the harm, group together to go up against one or several corporations. The corporations in these cases are the defendants who are defending themselves against charges of causing harm.  At Kazan Law we focus exclusively on asbestos lawsuits. Our attorneys have been important in winning precedent-setting rulings by the California Appellate and Supreme Courts. Kazan Law is consulted by and gives advice to over a thousand potential clients each year.

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