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

Posts by: Steven Kazan

Recreational Boats and the Risks of Asbestos Exposure

asbestos exposureHere in the middle of April, Americans are enjoying the heart of spring and planning ahead for summer vacation at the same time. For those who enjoy the water, this often means sprucing up a beloved boat. Because of this, I’d like to remind sailing enthusiasts that when it comes to making sure a vessel is seaworthy, the risk of asbestos exposure should be considered.

It’s true that asbestos is more commonly associated with large maritime vessels, such as naval ships that were used during the Vietnam War. Unfortunately, asbestos may also be present on some recreational boats.

However, that doesn’t mean that you and your family have to stay on land throughout the entire sailing season.

What items on a boat contain asbestos?
Whether it’s in an old house or in your boat, asbestos behaves the same way: It usually won’t endanger you as long as it’s left intact and undisturbed. But where exactly on a sailboat would you find asbestos?

Asbestos-containing products on a boat may include, but are not limited to, caulking, bedding compound, adhesives, sealant, exhaust riser insulation and cloth insulation that’s used to cover electrical wires. Asbestos may also be used to thicken certain resins.

Sailors should also be aware of whether there’s vermiculite onboard their vessels. Most of the vermiculite insulation that’s sold commercially in the U.S. comes from mines in Montana, which are known to have been contaminated by asbestos minerals. Unless you’re an expert on asbestos, it’s hard to tell whether the vermiculite you have is tainted, so your safest bet is to assume that it does contain asbestos.

The best way to find out if your boat has asbestos is to get a hold of the original design plans. Other than that, you should just try your best not to disturb anything that may contain the mineral.

If you still feel uneasy not knowing whether or not your boat has asbestos, there are companies that can conduct laboratory analyses if you provide them with material samples. For your safety, you shouldn’t collect these samples yourself. Instead, hire a professional who is specially trained to handle asbestos.

Try not to disturb the asbestos
In the U.S., asbestos-induced diseases, such as malignant pleural mesothelioma and lung cancer, claim the lives of nearly 10,000 individuals every year. It’s no wonder why people are concerned about the best ways to protect themselves.

Once you’ve identified asbestos-containing materials, leave them alone if you know they’re undamaged. Try to isolate the items so that no surrounding activity disturbs them. Also, do not handle these products with power tools, including drills, saws or sanders.

If there’s dust or debris that you’d like to clean up, be very careful not to kick mineral fibers up into the air. This means that you shouldn’t dust or sweep. Instead, use wet rags or a mop.

If you want to use a vacuum cleaner, sailing enthusiast Jessie K recommends using only a product that contains a HEPA filter. When you’re in your workshop, you can protect yourself with the help of a facial mask or respirator that has a filter designed to screen out asbestos fibers.

Risks of Asbestos Exposure on College Campuses

asbestos_exposureWhenever people think about the dangers surrounding one’s exposure to asbestos, images of old, rundown factories or office buildings may come to mind. But in the last few months, I’ve come across at least two news articles that highlighted the presence of asbestos on college campuses.

This greatly worries us here at Kazan Law. When college students think about their futures 20 to 50 years from now, they should be picturing themselves happy in stimulating careers and not struggling with diseases such as malignant mesothelioma.

Discoveries are startling at Kansas State University
Student union buildings serve as hubs of activity on college campuses. These busy locales are where young individuals have lunch, student organizations hold their meetings and student body leaders meet with school faculty. At Kansas State University, Manhattan, people on campus were in for a rude awakening when officials discovered that the Union building, as well as other structures, contained asbestos. This led to restrictions as well as closures of certain rooms and floors.

All employees of the Union building were alerted to the danger and told that they were safe as long as no one disturbed the asbestos. Meanwhile, campus officials have to avoid making certain alterations to their surroundings, such as erecting walls that reach all the way up to the ceilings.

‘Skip the thumbtacks and nails’
Decorative posters are a natural way for college students to express themselves in their living spaces. However, last autumn, Dalhousie University in Nova Scotia warned students who were staying in some of its campus housing units that they needed to avoid using thumbtacks or nails when hanging posters or other decorative items because of the threat of asbestos exposure.

Analyses of air samples around the school indicated that students were not in any immediate danger. Still, administrators advised students on campus to use sticky adhesives to hang items on their walls.

Campuses are responsible for keeping students safe
The danger of exposure to asbestos is that mineral fibers can cause serious damage to the body’s cells if they’re inhaled or ingested. Specifically, asbestos can lead to respiratory problems and malignant diseases of the gastrointestinal tract, throat and other tissues. One reason why public health experts are concerned about asbestos is that people may not be aware they have become sick from the material until decades have passed since they were exposed. By then, it is often too late for prognoses to be hopeful.

Asbestos was a common component of products used in construction on buildings that were erected before the 1980s. Specifically, asbestos may be present in insulation, textured wall surfaces, roofing tiles, electrical equipment, cement piping and other items.

College campuses are responsible for knowing what dangers their students face when it comes to asbestos. Campus ERC, an environmental advocacy group for higher education, lists several regulations that campuses must follow during major construction and renovation projects. Among them are requirements to adhere to the National Emission Standards for Hazardous Air Pollutants and communicate with the federal Environmental Protection Agency about the handling of asbestos-containing materials.

Lifelong Pilot and Asbestos Cancer Victim Gives Justice Back to the Community

When families come to us at Kazan Law, they are facing one of the most challenging times in their lives and we are always greatly honored to get to know and help them. It is extremely gratifying when we see them take the justice we’ve obtained on their behalf and give back to the community in ways that help other cancer victims.

In this video, Kazan Law partner Justin Bosl shares the story of our client, Timothy Vest, who was diagnosed with mesothelioma at the young age of 44. A pilot at heart, Mr. Vest had been hanging around hangars and airplanes long before he earned his pilot license at age 16 and went on to become a commercial airline pilot. Unfortunately, there was asbestos in the airplane parts and airplane hangar that he played in as a child and the exposure over the years increased his risk of developing cancer.

We were able to successfully resolve his case, which saved Mr. Vest and his family from the emotional toll of a trial. Thankfully, Mr. Vest was diagnosed at a very early stage and was able to be treated with surgery.  The tumor has been removed and the cancer has not recurred.

Mr. Vest has made a personal commitment to fight back by taking action to help others in need by forming the Timmy Challenge Foundation, whose mission is providing financial and emotional support to families affected by tragedy.

Plumbers and Pipefitters: 7 Ways to Protect Yourself from Asbestos on the Job

asbestos exposureAnyone who performs construction or is employed at a job related to home and building maintenance needs to be cautious about asbestos exposure, especially if they work on structures erected during a time when use of the mineral was more rampant. Plumbers are among those tradespeople who need to be careful because asbestos is a common component of insulation materials, which can be present in various spaces that house pipes, or be used to wrap the pipes themselves.

Because this is extremely disturbing for us here at Kazan Law, I thought this might be a good time to talk about the risks plumbers face in general.

Scientists knew about the hazard to plumbers for decades
Civilization has used asbestos for centuries because its physical properties make it resistant to heat and friction. In the U.S., the use of asbestos reached its peak during the mid-1970s, when the mineral was used in the manufacturing of more than 3,000 consumer and industrial products. When it came to construction, that meant soundproofing and insulation materials, including blankets that were used as wrapping around pipes.

If you’re a plumber who has to work in a building that was constructed before 1980, you may be at risk for exposure to asbestos. For more than 70 years, scientists have shown this to be a legitimate concern.

I read a study, published in the Journal of Occupational and Environmental Medicine, that was released in 1985. The authors talked about an experiment they conducted, in which they looked at a group of 153 plumbers and pipefitters. All research participants completed medical questionnaires and underwent several tests to measure the health of their lungs.

The scientists discovered that nearly 20 percent of the subjects had thickening of the pleura, or the tissue sacs that encase the lungs, on both sides of their chests. This is a common problem associated with asbestos exposure.

Additionally, asbestos is associated with several potentially fatal illnesses, including malignant mesothelioma, gastrointestinal cancers, asbestosis and more. In fact, the Environmental Working Group estimates that more than 9,900 individuals in the U.S. die from asbestos-induced diseases every year.

One of the dangers of these illnesses is that individuals may not see a doctor until they start experiencing symptoms, and by then, it may be too late for a cure. This is why it’s important for tradespeople such as plumbers to be conscious of the risk.

Proper training can help prevent tragedies
The federal Environmental Protection Agency and Occupational Safety and Health Administration require that anyone who works in the construction of housing or other buildings that contain asbestos to be trained specifically to handle this hazard properly. These regulations may differ from state to state, but organizations such as the National Center for Health Housing have calendars that list training sessions centered on subjects such as asbestos, lead, mold, pests and energy efficiency.

Furthermore, the Chartered Institute of Plumbing and Heating Engineering in the UK lists several things that you can do to protect yourself on plumbing jobs:

  1. If you suspect that a product you need to handle has asbestos, dampen it before touching it so the fibers are less likely to become airborne.- Use hand-operated tools instead of power tools, which are more likely to disturb asbestos fibers.
  2. Whenever you need to clean up dust, use only a damp cloth or a Type H vacuum to perform the task.
  3. Instead of letting waste build up, dispose of it as you go along.
  4. Clean your hands and face before every break and before heading home.
  5. Do not bring work clothes back to your house.
  6. If you find any asbestos-containing materials that require disposal, put them in a sealable container, or double-bag them within heavy-duty polythene bags.
  7. When at work at a job site, refrain from smoking, drinking or eating.

National Asbestos Awareness Week Highlights the Serious Threat of Asbestos Exposure

asbestos exposureSince the 1970s, public health experts have been spreading the word about the dangers of asbestos exposure. As a result, everyday consumers became more wary of insulation materials in older homes and responsible industries in the U.S. curbed any new use of the mineral.

With this kind of progress, it can be easy to make the mistake of thinking that asbestos is a problem of the past and that there is no reason to be worried. That is not the case – mines continue to operate in countries around the world, asbestos can still be used in the manufacturing of some American products in which it had always been included and people in the U.S. can still come into contact with the mineral in aging buildings.

Considering the first week of April is National Asbestos Awareness Week, I personally can’t think of a better occasion to review strategies to protect yourself from this mineral.

Asbestos is a ‘special concern’ for tradespeople
To kick off the occasion, U.S. Surgeon General Dr. Regina Benjamin released a statement in which she warned the public that asbestos can lead to a host of potentially fatal medical complications, including malignant mesothelioma, lung cancer and asbestosis. Here’s what she said:

“Anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipe-fitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”

Benjamin’s warning was prompted by the U.S. Senate, which passed a resolution dedicating the first week of April to asbestos awareness. In the bill, they acknowledged several important points about this mineral:

  • Asbestos fibers are invisible. They have no taste or odor.
  • Asbestos-related diseases can take 10 to 50 years to show any symptoms.
  • The average survival time following a diagnosis of mesothelioma is between 6 and 24 months.
  • Although asbestos consumption in the U.S. is lower than it was in previous years, it’s still pretty significant at 1,100 metric tons a year.

Asbestos is also a problem in older homes
The use of asbestos peaked in the U.S. during the mid-1970s. In the 1980s, the practice of including asbestos in the construction of homes and buildings began to drop sharply because of the growing awareness of the medical problems it caused. If you live in a structure that was built before 1980, it’s likely that asbestos is in your home.

However, you’re not in any danger as long as the asbestos is left intact and undisturbed. If you discover asbestos, try to inspect it for damage without touching it. If it’s damaged, leave it alone and try to limit your children’s and pets’ access to the area around it.

In case the material is severely deteriorated, or you ‘re planning on making major renovations to the house, you should consult a trained professional to handle asbestos abatement or repairs. This sometimes involves covering the asbestos with some type of material that can prevent the release of airborne fibers.

Before hiring a professional, you should ask him or her to provide proof of accreditation to work with asbestos. Once a job has been completed, this individual also should give you a checklist that ensures he or she complied with safety regulations and that all appropriate tests have been done to confirm there is no remaining asbestos in the environment.

How to Safely Clean Asbestos Ceilings

asbestos exposureWhether you’re cleaning your home for yourself or in preparation of a sale, you need to be careful if the house was built before 1980. In such cases, asbestos exposure can be a real hazard because the mineral appeared in a wide range of products, such as insulation and fireproofing materials.

Recently, I read the Home and Garden column of The Telegraph, a newspaper in Georgia. In a Q&A, a reader asked the columnist about the best way to clean the cobwebs off a popcorn textured ceiling.

Wear protective gear and proceed carefully
In response to the reader’s question, columnist Gene Austin noted that asbestos was a common component of popcorn textured ceilings in homes that were built during the 1960s and 1970s. Austin advised the reader that, before doing any major cleaning, it’s important to first test the ceiling for the presence of asbestos. Although there are do-it-yourself kits that provide the tools to collect samples to send to a laboratory, this work can also be performed by certified professionals.

If these tests show that the ceiling is made with asbestos, there is only the threat of danger if the material is disturbed. This is why it’s important to approach asbestos using only the utmost level of caution. Austin advised readers to mist the area, as damp popcorn is less likely to flake, and very gently remove the cobweb with a paintbrush. He also recommended not touching the ceiling at all.

I’d also like to take this advice even further and recommend that while performing this work, you should always wear respirator facial masks, eye protection and head covering. Once the job is done, your clothes need to be disposed of. And, if at any point the popcorn begins to flake or break off, work needs to stop immediately.

A ceiling that contains asbestos may be a drawback in any efforts to sell a house because you need to disclose the fact that asbestos is present. There are several ways to handle this. If the asbestos is in tact, the best thing to do is leave it alone. Otherwise, you should hire a professional to remove it.

When it comes to popcorn-textured ceilings, the best way to cover them is by using suspended ceiling tiles, which provides more protection than drywall. Still, the presence of the asbestos needs to be disclosed.

Make sure the professionals are qualified
Remember – asbestos was present in as many as 3,000 consumer and industrial products by the mid-1970s. This is responsible for the trends we are now seeing in the incidence of diseases like malignant mesothelioma.

If you decide to work with a professional to solve your home’s asbestos problem, remember that there are no federal laws requiring these individuals to be specially trained in handling asbestos. These regulations often fall under state and local laws, which you should consult in order to ensure that you are working with someone who is knowledgeable. Once a job is complete, make sure the people you hire provide you with written assurance that they followed all safety measures.

Community Outraged Over Plan to Cap Landfill with Asbestos Containing Material

asbestos_exposureWhenever people become aware of the presence of asbestos, their natural reaction is to want to get as far away from the hazardous material as possible. This sometimes involves sending waste products to a landfill, which can potentially anger nearby residents about their own risk of asbestos exposure.

At Kazan Law, we keep track of disputes like this across the country. Recently, I read about the town of Dartmouth in Massachusetts, where members of the Town’s governing Select Board became enraged when they found out about a proposal to cap a nearby landfill with waste material from Boston, as reported by The Chronicle, a local news source. About 10 percent of this waste would be made up of heavy metals and asbestos.

‘A disaster for our neighborhood’
Up until the 1980s, the 23-acre Cecil Smith landfill served as a dump for demolition and construction materials that were used for urban renewal projects. Despite the fact that the landfill has been closed for about 30 years, the Boston Environmental Corp. submitted a plan to the state’s Department of Environmental Protection that proposes to excavate material from the wetlands, reshape unlined sections and cover everything with plastic membranes, soil and plants.

The 1.1 million cubic yards of soil would be mostly coal, ash or road sweepings. However, 10 percent of it would be made of heavy metals and asbestos.

“People should be outraged, and should be disappointed [with the Department of Environmental Protection’s handling of the site],” Selectman Michael Watson, a town official and science teacher, told the news source.

Other members of Dartmouth’s Select Board are voicing their concerns to the state legislators. Residents are also outraged about assertions from the Department of Environmental Protection that their children are not in danger.

“These materials should not be in our neighborhood,” resident Jean Couto told The Chronicle. “This whole project is going to be a disaster for our neighborhood.”

A town forum to discuss the matter further is scheduled for March 28, 2013.

What should happen to asbestos waste?
During the latter half of the 20th century, public health experts have become more aware of the link between asbestos and diseases such as malignant pleural mesothelioma, lung cancer and asbestosis. To help protect everyday consumers like you, these experts have said that any product that contains asbestos should be left alone because there is really no health risk unless the material is disturbed.

This leaves some people wondering: What do we do with these products when it’s time to throw them away?

All asbestos should be handled only by a trained professional. Once the material is properly contained, it can be sent to a landfill that is permitted to accept asbestos waste. However, this is currently a problem in Massachusetts because there are no such landfills in the state.

Waste material from construction or the remodeling of buildings that contain asbestos is just one way that material can contaminate soil. This can also happen if the asbestos is present in naturally occurring rocks.

The federal Agency for Toxic Substances and Disease Registry has several tips for people who are worried about being exposed to asbestos through the soil around their houses:

  • Let children play only in areas with ground covering, such as wood chips, mulch, sand, asphalt or rubber.
  • When hiking or biking, stick only to paved trails.
  • Pave over any roadways if you think the soil may contain asbestos.
  • Keep windows or doors closed on windy days if there is a contaminated site nearby.
  • Prevent pets from entering the home with dusty feet.
  • Remove shoes before entering the home.
  • Use doormats to wipe your feet.

New Surgical Procedures for Cancer Patients Limit the Danger of Complications

mesothelioma treatmentRecently, I noticed an article published by Cure Magazine that talked about the different innovations that are allowing cancer surgery patients to recover more quickly with fewer complications.

What are the standard surgical procedures?
Before I get into highlights of the article, I think it’s important to delve into the types of surgery that doctors may use to treat non-small cell lung cancer. The National Cancer Institute lists the following four types:

1. Wedge resection removes the tumor, as well as some of the healthy tissue that surrounds it.
2. Lobectomy cuts out an entire section of the affected lung.
3. Pneumonectomy gets rid of an entire lung.
4. A sleeve resection removes part of the bronchus, which is the airway that connects the windpipe to the lung.

Surgery for small cell lung cancer may be more complicated because this form of the disease often affects both lungs at the same time. The lymph nodes may be abnormal, as well. In either case, patients may need to undergo additional treatments with radiation or chemotherapy.

Regardless of the type of surgery that doctors use, there are always risks for post-operative complications. These include pain, blood clots, nerve damage and infections. However, scientists are trying to improve surgical procedures to curb the danger.

New tools are helping doctors
Traditionally, doctors operate on cancer through open surgery, which means that they make incisions that are large enough to provide visual and physical access to the tumor. The risks associated with open surgery can be reduced if the incisions are smaller.

To that end, doctors can use a variety of tools to reach malignant tissues while causing minimal damage to the healthy areas. These may include laparascopes, which are tiny telescopic cameras that let doctors see inside patients, and surgical robots that doctors can control remotely. Also, a procedure known as natural orifice translumenal endoscopic surgery, or NOTES, allows clinicians to insert tools through a patient’s body via flexible endoscope, which is a tube that creates a passageway when it goes through the mouth.

“Minimally invasive procedures now represent about half of all cancer surgeries we do,” Eric Grogan, M.D., told Cure Magazine. “Ten years ago, 95 percent would have been traditional open surgeries. The minimally invasive approaches have changed the risks-benefits ratio a bit because it has slightly reduced the risk of the operation.”

Although these innovations reduce tissue damage, they still carry the risk of blood clots and infection. In order to tackle the former, more doctors are prescribing blood-thinners to be taken after surgery.

Infection control is a little bit more complicated and requires more work. This includes the prescription of antibiotics, blood glucose monitoring, controlled-warming of a patient’s body after surgery and careful administration of anesthesia during an operation, which is important for the prevention of pneumonia.

Asbestos exposure is a real public health threat. Every year, asbestos-induced lung cancer claims the lives of about 4,800 individuals in the U.S., as estimated by the Environmental Working Group. That number is expected to increase over the next 10 years or so.

Fortunately, it looks like surgical options are becoming safer for patients. However, let’s not let that diminish the importance of curbing asbestos use and production.

Vitamin-Drug Combo May Help Treat Mesothelioma

mesothelioma treatmentRecently, I learned about a team of researchers in Italy who are working on a new combination treatment that brings together vitamin C, the chemotherapy agent gemcitabine and EGCG, which is an antioxidant found in green tea.

On the surface of it, this may sound like a strange approach to treating mesothelioma. However, the paper, which was published in the journal PLOS ONE, suggests researchers found promising results.

Looking at the individual components
Before we get into the details of what the scientists did in the laboratory, it may help first to understand what components they were working with.

First, there’s the use of antioxidants. These are nutrients that help stabilize the destructive forces of free radicals, which are molecules that degrade the cells in your body, drive the aging process and increase the risk of cancer. Free radicals come from all over the environment: air pollution, ultraviolet radiation, unhealthy food – even the simple act of food metabolism in the body creates free radicals. However, antioxidants help neutralize the effects of free radicals.

Vitamin C, which is also known as ascorbate or ascorbic acid, is a popular example of an antioxidant. You consume this nutrient every time you eat any of a large variety of fruits and vegetables.

Green tea also has antioxidants, including EGCG, which belongs to a class of plant molecules known as polyphenols.

Usually, in the context of cancer care, antioxidants are discussed as a preventive measure. However, previous studies convinced the scientists from Italy that vitamin C and EGCG may actually be able to act directly against tumor cells. For their study, the researchers combined these two antioxidants with the chemotherapy drug gemcitabine. This medication interferes with cancer cells’ ability to replicate the DNA that they need to reproduce and grow, thereby curbing the growth of malignancies. Currently, doctors prescribe gemcitabine for diseases such as breast cancer, ovarian cancer, pancreatic cancer and non-small cell lung cancer.

Researchers test-drive their drug-antioxidant combo
The researchers’ goal for this study was to find a possible new treatment for mesothelioma, a disease that currently has no cure. In the laboratory, they combined vitamin C, EGCG and gemcitabine. They referred to this mixture as Active Nutrients/Drug, or AND. In order to test the effects of AND, the scientists created both cell models and rodent models of mesothelioma.

In the cell model, they observed that the individual components of AND seemed to work in a synergistic manner, with each active ingredient enhancing the effects of the others, causing the diseased cells to die.

In the mouse model, the researchers found that AND reduced the size of the animals’ tumors, decreased the number and size of metastases, and prevented abdominal bleeding.

“Here we show that a triple combined treatment based on EGCG, ascorbate and gemcitabine (AND therapy) reduces mesothelioma growth and metastasization,” the researchers wrote in PLOS ONE. “Due to the lack of side effects, we propose that this combined therapy should be evaluated in other preclinical and clinical models.”

Because this experiment was conducted using cell and animal models, it may be years before scientists evaluate the performance of AND in human clinical trials. Still, this study is important because it provides the foundation for a potential new way to tackle mesothelioma.

We at Kazan Law look forward to the future direction of this work.

Motivational Leader Loses Dreams to Mesothelioma

When leadership trainer James Hellam learned from his doctor that the mesothelioma diagnosis he was given in 2011 was a result of exposure to asbestos dust, he called on Kazan Law to bring justice to those who caused his deadly disease. A San Jose, California police officer for 13 years prior to becoming a global motivational speaker, Mr. Hellam’s exposure to asbestos occurred over five summers when he began working for his grandfather’s one man operation, Monterey Boiler Service, at the age of 15.

Before his diagnosis, Mr. Hellam was an extremely active and healthy 65 year old Hall of Fame softball player with a very active professional and personal life. He had planned to continue his leadership training for another decade, and to share his active leisure time with his grown sons, step daughters and the grandchildren he hoped to coach on the baseball field. Those plans, unfortunately, were all taken away from him when he became ill and was put on a journey in which he would endure one of the most difficult surgeries a human being could undergo.

Neither Mr. Hellam nor his grandfather were warned that the products purchased from Crane Co’s “Crane Supply” wholesale outlet in Salinas, California for the process of refurbishing boilers contained asbestos and were a health hazard. Yet our firm presented evidence showing that Crane Co corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill.

Unfortunately, this story is just one of many that our firm has been involved with for coming up on 40 years. It’s why we continue to fight hard for justice for our clients and for those who will receive a mesothelioma diagnosis in the future.

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