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Posts by: Steven Kazan

Kazan Law Wins $6.8 Million Verdict Against Ford Motor Company in Asbestos Lawsuit

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Patrick and Sharon Scott

On November 19, 2012, an Alameda County jury in Hayward, California returned a $6,825,000 verdict against Ford Motor Company for Kazan Law clients Patrick and Sharon Scott.

Pat Scott, age 69, was a career auto mechanic until he was diagnosed with mesothelioma last fall. Since then, he has been unable to work. He has always been a car guy; he began fixing his personal cars as a teenager before he even got a drivers license. After serving in the U.S. Air Force and working for nine months at Hunters Point Naval Shipyard, he opened his first auto repair shop in 1966 in Sausalito. Later that year, he moved his shop to San Francisco. In 1978, Pat Scott opened a one-bay auto shop in St. Helena, California, which he ran until his diagnosis.

Throughout his career, Mr. Scott worked on many Ford cars and trucks in his shops, as well as his personal Ford trucks. The Ford cars and trucks had asbestos brakes, clutches, gaskets, and other parts. Evidence at trial showed that Ford was a member of the National Safety Council in 1948, when the organization published on the harmful effects of asbestos in brakes. Ford’s corporate toxicologist testified that Ford knew asbestos causes mesothelioma since 1960. Ford continued to sell asbestos parts until 2001. Ford’s corporate representative admitted in testimony that Ford never told its customers that the asbestos in its cars and trucks can cause mesothelioma.

The jury found that Ford’s products were defectively designed, that Ford failed to warn Mr. Scott, and that Ford was negligent, apportioning 22% liability to Ford. The jury awarded Mr. Scott $1,225,000 for his medical costs and lost income and $5,000,000 for his pain, suffering, and emotional distress. The jury also awarded Sharon Scott, his wife, $600,000 for her loss of her husband’s support and companionship.

Mr. and Mrs. Scott were represented at trial by several Kazan Firm attorneys led by Justin Bosl and by Joseph Satterley of Louisville, Kentucky.

Mesothelioma Patients Can Keep Up the Spirit of Thanksgiving

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As Autumn gives way to winter, many people in the U.S. take this time to enjoy the holidays and reflect on the past year. In late November, Thanksgiving often involves cooking indulgent meals, enjoying good wine and counting one’s blessings.

For cancer patients with malignant mesothelioma, as well as their caregivers, this may be a challenging time, both physically and emotionally. However, at Kazan, McClain, Lyons, Greenwood and Harley, we’re committed to helping you adjust to life with this condition as much as possible – and that includes keeping up the spirit of Thanksgiving.

Meal preparation

Thanksgiving dinner is cause for careful consideration for both mesothelioma patients as well as their caregivers – but for different reasons.

For example, those in the latter group may be looking to keep their energy levels up throughout the hustle and bustle of the holiday in order to continually care for their loved one. This is when a few tweaks in meal preparation may come in handy.

For instance, health experts say that a Thanksgiving dinner plate should be half vegetables in order to stave off the lethargy that comes with consuming too much turkey. The antioxidants in these foods, such as vitamin C and beta carotene, can help caregivers feel their best. Delicious choices include peppers, baby carrots, squash, sweet potatoes and beets. The healthiest plates will be light on butter, cream and sugar.

Additionally, brining a turkey in water, salt and seasonings the day before Thanksgiving can help add flavor without the use of fatty, fatigue-inducing ingredients.

Meanwhile, mesothelioma patients may worry about the effects that medical treatment can have on their eating habits, including a loss of appetite, a modified sense of taste, dry mouth, nausea and more.

For patients with no appetite, high-protein and high-calorie products – such as cheese, muffins and dairy – may help. The trick is to eat them more often throughout the day, but in smaller portions.

Individuals with dry mouth or oral sores may also want to consider eating moist and soft products, such as mashed potatoes and gravy.

Of course, the flavor of any Thanksgiving dish can be intensified with spices or sauces.

Enjoy time with your loved ones

As Thanksgiving is a time to reflect on what we are grateful for, it is important for you to enjoy spending time with your friends and family. This is a good opportunity to play catch-up or discuss the challenges you may face every day. Talking to your loved ones and bringing them up-to-date on your situation may also allow them to understand the help you may need.

If you need to reach out beyond your social circles, there are many cancer support groups available online and in person. Hospitals and organizations such as the American Cancer Society are usually able to provide wonderful referrals.

Automotive Brake Specialists Need to be Mindful of Asbestos Exposure

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asbestos exposure Use of asbestos in the U.S. reached its peak during the 1970s. The material appeared in such a wide range of products, asbestos exposure was a hazard that followed everyday people everywhere, from the insulation in their homes to the vermiculite in their gardens.

As if that weren’t enough, try to imagine having a job in which you had to work with asbestos on a regular basis. To this day, asbestos exposure is still a risk for individuals who work in certain sectors, such as construction.

At Kazan, McClain, Satterley, & Greenwood we do everything we can to educate people about how to avoid asbestos, particularly if they have regular contact with the material. One group of professionals that may be particularly at risk is automotive brake specialists.

Asbestos Exposure and the Regulation of Brake Parts

The physical properties of asbestos once made it a popular component of car brakes in the U.S. However, growing awareness of the relationship between asbestos and potentially fatal diseases such as malignant mesothelioma is driving a phase-out of the material from car brakes.

One team of researchers from California conducted a study in order to determine how many cars had brakes that were made with asbestos. For the experiment, they collected samples of the brake linings from 137 light- and medium-duty vehicles and 54 heavy-duty vehicles. They didn’t find any asbestos within the latter group. Among the light- and medium-duty cars, 3 percent of brake shoes used a chrysotile asbestos-containing model that is currently being phased out.

California law requires that asbestiform be present at only trace levels in brakes by 2014. Similarly, Washington state has the Better Brakes Law, which calls for the gradual elimination of copper, asbestos and heavy metals from brakes sold in Washington. Certification of environmentally friendly products will begin in January 2013.

However, no federal regulations on car brakes exist.

Protecting Mechanics from Asbestos Exposure

Whether mechanics are working out of their own home or a commercial garage, they have to be sure to protect themselves from asbestos.

The U.S. Environmental Protection Agency (EPA) has several tips:

  • Use the low pressure water sprays to wet the brakes and clutch, which can then be wiped with a cloth.
  • Use ready-to-install parts (whenever possible) that have been ground down by the manufacturer
  • If drilling, cutting or other methods that can disturb the asbestos are required, use low-speed settings.
  • Remove work clothes before going home. Launder these items separately.

Scientists Study Proteins as Potential Mesothelioma Markers

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diagnosisAn early diagnosis is one of the first steps toward overcoming a potentially fatal disease. When it comes to malignant pleural mesothelioma (MPM), there are few reliable methods of detecting this illness, particularly while it is in its early stages. This makes medical research all the more important.

Recently, a team of scientists from the University of California, San Francisco (UCSF) conducted a study with help from the Estate of Robert Griffiths; the Jeffrey and Karen Peterson Family Foundation; and Paul and Michelle Zygielbaum, all of whom provided funds via The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc, which gave additional support, as well. For the experiment, the researchers evaluated the utility of three different proteins as potential biomarkers of malignant mesothelioma.

A pressing need for better detection
The median survival time following diagnosis of mesothelioma is 16 months, according to the National Cancer Institute. This disease is usually a consequence of identifiable asbestos exposure. However, because the latency period between contact with the material and the development of symptoms can take upward of 20 years, the incidences of asbestos-related illnesses will continue to rise for at least the next decade as the population of senior citizens increases, according to the Environmental Working Group.

Doctors are usually able to treat diseases effectively if they identify them early. This has proved to be a rather difficult goal for MPM. According to the American Cancer Society, most patients do not even know they are sick until they develop symptoms. Some physicians try to diagnose these individuals with the help of chest X-rays or computed tomography. However, it is not clear whether these tools are useful.

Signs of disease in the cells
One active area of research into the diagnosis of MPM is biomarkers, which are substances in the body that indicate the presence of disease. Based on previous studies, scientists from UCSF decided to investigate whether the proteins dishevelled-3 (Dvl3), excitatory amino acid transporter 1 (EAAT1) and glutamine synthetase (GS) could help identify MPM.

In their experiment, the researchers collected tissue samples from 39 MPM patients. They also obtained cell samples from both MPM and healthy mesothelial tissue. Among the various laboratory tests that they performed was cell staining to reveal the biomarkers.

“According to the results in this study, our findings indicate that MPM cells express more EAAT1 than normal cells. Moreover, the survival time of MPM patients was inversely correlated with the degree of EAAT1 staining: the stronger the staining, the shorter the survival time,” the researchers wrote in the Journal of Clinical Pathology.

Other results showed that both Dvl3 and GS staining were associated with EAAT1 staining, but only Dvl3 was linked to survival time. Further studies are needed to verify these findings.

International Mesothelioma Interest Group Young Investigator Award Recipient Licun Wu

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Dr. Licun Wu

In celebration of the meeting of the International Mesothelioma Interest Group’s recent meeting in Boston, at iMig 2012, we at Kazan, McClain, Lyons, Greenwood and Harley funded this year’s Young Investigator Awards, as we have done at each meeting since 2008. This is the third in a series of entries discussing the promising work of one of the recipients.

Researchers from the University of Toronto are figuring out how to use the body’s own immune system to boost the efficacy of chemotherapy in the treatment of malignant mesothelioma. Dr. Licun Wu, one of the scientists heading this work, was kind enough to sit down with us and discuss this exciting approach to medicine.

Activating the body’s defenses
Several medical experts are exploring ways to use the body’s immune system to kill malignant cells, according to the American Cancer Society. These approaches, collectively known as immunotherapy, may act directly on the cancer or support the actions of healthy cells.

In their laboratory, Wu and his team are focusing specifically on the behavior of the immune system between cycles of chemotherapy.

“Cancer cells tend to repopulate during the breaks between chemotherapy treatments. Evidence has shown that the rate of repopulation of surviving cancer cells accelerates over time, so better approaches to stop this process need to be developed,” said Wu.

The research team’s experiments revealed that blocking the actions of CTLA-4, a protein that acts as a brake on certain immune responses, helps prevent mesothelioma cells from repopulating during breaks in chemotherapy. Reining in this protein may allow a type of immune cell known as natural killer T cells to flourish and fight the disease.

This study potentially lays the groundwork for clinical trials that use CTLA-4 blocking medications. We at Kazan Law are happy to support this research, as we know that diversifying the types of treatments available to mesothelioma patients will do them a world of good by giving them more than one way to fight this disease.

Related posts:

International Mesothelioma Interest Group 2012 Young Investigator Award Recipient Karin Schelch

International Mesothelioma Group 2012 Young Investigator Award Recipient Yuen Yee Cheng

Final Asbestos Mine in Quebec Quits Plans to Reopen

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An asbestos mining company in Quebec recently announced that it has abandoned plans to revive one of the last asbestos mines in the province.

The Lac d’Amiante du Canada mine (LAC) at Thetford Mines, Quebec, was closed down after a landslide caused mining operations there to be halted. Following the closure, the Committee to Re-launch the LAC Mine was formed to try to resume operations, according to RightOnCanada.ca.

About two months after the closure the company that operated the LAC mine, LAB Chrysotile Inc., declared bankruptcy. And now Simon Dupéré, the company’s president, has announced that plans to reopen the mine have been suspended indefinitely.

According to the news source the reason for this was because of recent decisions by the Canadian and Quebec governments that signified opposition to the resumption of asbestos mining in the country.

Jeffrey Mine has loan canceled

Earlier this month the president of the Jeffrey Mine in the town of Asbestos, Quebec, Bernard Coulombe, said that the $58 million loan from the government that would have revived the closed mine had been cancelled, reports the Montreal Gazette.

The prospect of the loan has been a major source of controversy in recent years, with health advocates decrying the fact that Canada was exporting asbestos around the world while restricting its use domestically.

Dangers of exporting asbestos

While the use of asbestos is highly dangerous everywhere, it can be especially harmful when used in developing nations – such as the ones that were buying Canadian asbestos – because there are fewer regulations governing its use.

Any amount of asbestos exposure can have deadly consequences as the inhalation of the deadly mineral fibers has been proven for decades to cause a range of serious illnesses such as asbestosis, lung cancer and malignant mesothelioma, a rare and deadly cancer that attacks the thin membrane that lines the body’s chest, lungs and abdomen.

These diseases claim the lives of 107,000 people each year around the world, according to World Health Organization figures.

New Quebec government deserves praise

Dupéré said that the Parti Québécois’ newly formed government made it clear that the asbestos industry would no longer be supported, according to RightOnCanada.ca. According to Dupéré, it would now be virtually impossible to attract the foreign investors needed to reopen the LAC mine.

International Mesothelioma Group 2012 Young Investigator Award Recipient Yuen Yee Cheng

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In celebration of the meeting of the International Mesothelioma Interest Group, or iMig 2012, we at Kazan, McClain, Satterley, Lyons, Greenwood & Oberman funded this year’s Young Investigator Awards, as we have done at each meeting since 2008. This is the second in a series discussing the promising work of one of the recipients.

Australia was once home to one of the world’s most thriving asbestos industries, which left behind a dubious legacy of health problems. Fortunately, a generation of scientists decided to respond to this legacy by establishing the Asbestos Diseases Research Institute (ADRI), located at the University of Sydney.

At iMig 2012, we had the pleasure of meeting Dr. Yuen Yee Cheng, who was happy to discuss her work on epigenetics and the suppression of malignant pleural mesothelioma (MPM) tumors.

Silencing the disease

Cancer is a complex condition that is influenced by a wide number of variables, including lifestyle choices, genetics and pollution. When it comes to MPM, the main driving factor in the development of the disease is a history of asbestos exposure, which can cause pathological changes in the mesothelial cells of the lungs.

Healthy mesothelial cells contain an active gene known as ZIC1, which plays an important role in suppressing behavior that could lead to the development of tumors. Past studies have shown in gastric and colorectal cancer cells, ZIC1 was silenced. In order to determine if the same was true in MPM, Cheng and her team conducted a study that looked at cell and tumor samples.

Results showed that the activity of ZIC1 was hampered in 16 of 24 MPM tumor samples, leading to the production of microRNAs (a type of chemical messenger within a cell) that are associated with disease activity. However, stimulating the expression of ZIC1 reduced the levels of these abnormal microRNAs, which interfered with the tumor growth.

This is an important observation because it may inspire researchers to take a new approach toward treating MPM. This disease is not going away any time soon. In fact, the Environmental Working Group predicts that we may even see more cases of it popping up in years to come.

Thankfully, scientists at places like ADRI are up to the task of solving these problems – and we are happy to support their work.

“My ultimate aim is to find a cure for mesothelioma,” Cheng told us. “I would like to thank the ADRI and the Asbestos Diseases Foundation of Australia for their support. And I would sincerely like to thank the professional law corporation Kazan, McClain, Satterley, Lyons, Greenwood & Oberman for supporting the Young Investigator Award.”

Related posts:

International Mesothelioma Interest Group Young Investigator Award Recipient Licun Wu

International Mesothelioma Interest Group 2012 Young Investigator Award Recipient Karin Schelch

 

Post-Earthquake Demolition in Japan Poses Asbestos Exposure Risk

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building destroyed by earthquakeThe Great East Japan Earthquake that struck the Sanriku Coast and the surrounding areas in March 2011 killed nearly 16,000 individuals and endangered the nuclear power plant located in the Fukushima Prefecture, according to the Ministry of Foreign Affairs of Japan. Subsequently, various buildings affected by the earthquake required demolition.

Those of us at Kazan, McClain, Lyons, Greenwood and Harley shared the collective concerns of everyone around the world who heard about the devastation.

Recently, a government study indicated that improper safety measures at various demolition sites increased the local level of asbestos exposure, as reported by the Yomiuri Shimbun, a Japanese newspaper.

Exceeding the limits

Another earthquake in 1995 also led to the demolition of several buildings. Eventually, three workers involved in these projects developed tumors that were associated with exposure to asbestos, leading to a government study on 36 building sites. Results showed that the concentration of asbestos at three locations exceeded 10 parts per liter of air, which is the safety limit put forth by the World Health Organization (WHO), according to the news source.

Following the 2011 earthquake, 114 sites located throughout Fukushima and other prefectures were designated for demolition, leading to the new study to measure the level of contamination around the sites.

Results showed that air concentrations of asbestos surpassed safety limits at 14 sites, ranging from 10.6 to 783.5 parts per liter of air. The greatest level was found in a Sendai hotel. City officials found that demolition crews did not employ the necessary asbestos exposure precautions, such as covering the walls with plastic sheets.

Government agencies speculate that the large amount of demolition work required after the earthquake overwhelmed crews and led to neglect of safety measures.

“Following the new findings, the Environment Ministry plans to revise the Air Pollution Control Law, which stipulates measures to prevent asbestos-related health damage, to bolster the ministry’s authority to conduct on-the-spot inspections,” the news source said.

Reduction efforts in Japan and beyond

Asbestos was widely used in Japan throughout the 1960s, particularly in the construction industry. However, in recognition of the health risks posed by the hazardous mineral, the government implemented an ordinance in 2006 that banned the use of materials that were more than 0.1 percent asbestos by weight.

More than 107,000 individuals around the world die from asbestos-related illnesses, such as malignant mesothelioma, according to the WHO. This led the agency to support and design several international efforts to curb the use of asbestos

International Mesothelioma Interest Group 2012 Young Investigator Award Recipient Karin Schelch

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In celebration of the meeting of the International Mesothelioma Interest Group, or iMig 2012, we at Kazan, McClain, Satterley & Greenwood funded this year’s Young Investigator Awards, as we have done at each meeting since 2008. This is the first in a series discussing the promising work of one of the recipients.

If there is one thing that defines a researcher, it is a never-ending desire to improve upon science’s current body of knowledge. When it comes to the search for a cure for malignant pleural mesothelioma (MPM), this drive usually means good news for patients.

At iMig 2012, we met Karin Schelch, a PhD candidate in molecular biology, who was kind enough to talk to us on video about her team’s research on fibroblast growth factors (FGF) and fibroblast growth factor receptors (FGFR). Both sets of these proteins may serve as targets for MPM treatments.

Defining the roles of the proteins in MPM

According to Schelch, FGF is important for the growth and survival of cells. However, it can also drive the development of several types of malignancies.

Despite this knowledge, the specific role of FGF in MPM had not always been entirely clear. This makes FGF and FGFR important topics for research because a better understanding of their biology can, in turn, lead to a better understanding of how to tackle mesothelioma.

In the laboratory, Schelch and her team conducted several experiments that included MPM cell models, normal mesothelial cells and human tissue samples. Specifically, the researchers were looking at what cells made what proteins.

Ultimately, they found that MPM cells and tumorous tissues have three abnormally active genes: FGFR1, FGF2 and FGF18. Through different experiments, the scientists discovered that stimulating the cells with FGF2 made them more invasive, and that blocking the actions of FGFR1 made the spread and survival of cancer cells more difficult.

“Our data show that blocking the fibroblast growth factors could be a new and more efficient option for mesothelioma treatment,” Schelch told us.

Furthermore, one experiment revealed that diseased cells that are resistant to cisplatin, a standard medication for MPM, are also more sensitive to FGFR1 inhibition. This is good news, considering that Schelch and her team theorize that blockage of FGFR1 could work well in combination with chemotherapy and radiation treatments.

These results were so exciting that the team presented this study at iMig 2012. And on behalf of MPM patients everywhere, we are happy to support work like this.

Related posts:

International Mesothelioma Interest Group Young Investigator Award Recipient Licun Wu

International Mesothelioma Group 2012 Young Investigator Award Recipient Yuen Yee Cheng

Caregivers of Mesothelioma Patients can Benefit from Support Systems

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caregiver with elderly manAt Kazan, McClain, Lyons, Greenwood and Harley, we not only care about clients who are battling malignant mesothelioma and other asbestos-related diseases, but we are engaged with their loved ones as well. As this illness advances, patients need more extensive care in order to live as comfortably as possible. In some cases, a relative or friend may take on the role of caregiver.

We recognize that this is a noble and loving gesture, considering that most patients with advanced illnesses prefer to live at home rather than a long-term care institution. In this post, we offer some tips that hopefully can be informative for those who decide to become caregivers for our clients who have asbestos-related diseases.

A wide range of tasks

As a caregiver, you are considered part of a patient’s medical team. According to the American Cancer Society (ACS), your tasks may include keeping track of appointments, handling insurance issues, making sure the patient is getting enough food and rest, following medication instructions and helping with everyday functions such as bathing and dressing.

The ACS has several guidelines to ensure that you provide the best care you can:

  • Keep the patient involved in his or her treatment plan.
  • Allow the patient to make their own decisions, but provide guidance if their judgments are poor.
  • Encourage the individual to do as much as they can to care for themselves.
  • Be mindful of your own needs, including rest, exercise, healthy eating and medical care.
  • If you are feeling overwhelmed, turn to the rest of the medical team for guidance.
  • Don’t be afraid to ask for help from others so that you can take time for yourself. Make a list of tasks you need the most help with, and check with loved ones to see if they are able to assist with anything specific.

These tips will become increasingly important as more individuals are diagnosed with asbestos-related diseases. According to the Environmental Working Group, the incidence of these illnesses may not peak for another decade or more.

Good ways and bad ways to tackle stress

It is normal to feel frustrated, fatigued or otherwise burned out from having to take care of a sick loved one. All people need to figure out the best way for them to deal with stress.

According to the ACS, healthy coping mechanisms include eating healthy food, exercising five times a week, engaging with a religious community, turning to internet support groups, practicing relaxation techniques such as yoga and staying in contact with supportive friends and family.

In contrast, tobacco use, sleep medication, alcohol consumption or bringing work home can aggravate stress.

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