Meet Kazan Law’s 2015 Summer Asbestos Law Clerks

Posted on June 8, 2015 by Steven Kazan

Asbestos law like other types of law practice is part of a chain that links the past, the present and the future. But at Kazan Law we have a special responsibility to forge new links in that chain. When I first started practicing asbestos law over 40 years ago, I hoped that someday there would be no need for asbestos law. I hoped that all asbestos use would become illegal and in the future no one would ever develop mesothelioma, the lethal cancer caused by asbestos exposure. But I underestimated the power of greed and the asbestos lobby business interests. – Consequently, we must strive to help ensure that there will be outstanding dedicated asbestos lawyers as we head towards the future. That is the goal of our asbestos law summer clerks program.

Kazan Law Summer Clerks Become Tomorrow’s Asbestos Lawyers

Our asbestos law summer law clerk program offers law students the chance to gain hands on experience in a plaintiff’s asbestos law practice. We fully involve our summer clerks in the daily workings of the firm in order to provide them with a realistic view of the rewards and demands of a plaintiff’s practice. Summer law clerks are given the opportunity to work with our experienced asbestos litigation attorneys as we prepare and try mesothelioma cases. Upon graduation from law school, our former summer law clerks are given consideration in our hiring process. Some of our current attorneys here at Kazan started their careers with the firm as summer law clerks. The list includes:

Justin Bosl (now a Partner)

Meet Kazan Law’s 2015 Summer Law ClerksHere is our outstanding team of asbestos law summer clerks for 2015

Jabari Brown returns to us for a second summer after completing his first year of law school at the University of Oregon where he holds office for the Oregon Law Students Public Interest Fund and Green Business Initiative Student Association.

“I chose to return because I recognize Kazan Law’s excellence in advocacy,” Jabari said. “I look forward to furthering my understanding of the professional advocacy techniques that the attorneys at Kazan Law utilize on a daily basis. I am interested in learning problem solving skills concerning asbestos exposure.

It takes a compassionate mind to champion victories for people who lack the resources to fight legal battles with large entities. I am interested in providing a legal voice to those who would otherwise have no remedy.”

Daniel Dellafosse is a second year law student at the University Of San Francisco School Of Law where he serves on the Law Review and Maritime Law Journal. Daniel is also active with La Raza and the Black Law Students Association. He has worked for the US Department of Labor and the San Mateo County District Attorney’s Office.

“Wanting to help injured people is one of the main reasons I went to law school,” explained Daniel. “Plaintiff side asbestos litigation will also allow me to help the families as well. I am excited to be at Kazan Law because they are excellent at this and I know I will get great experience here. I spoke with their past summer clerks and they have only great things to say about them.”

Shanita Farris is a second year law student at the University of California, Berkeley, School of Law. Several of her many activities there include the Berkeley Journal of African-American Law & Policy where she is senior articles editor, Boalt Hall Student Association and Juvenile Hall Outreach.

Shanita said, “I chose Kazan Law for my summer placement because of the firm’s commitment to helping a vulnerable group of people. The experienced attorneys here at Kazan are able to successfully fight for clients who have been harmed and are seeking justice. I wanted to be a part of a team of compassionate and hard-working attorneys that truly value and support the community.”

“I am interested in asbestos litigation from the plaintiff’s side because these plaintiffs are typically disadvantaged people who come from a community similar to mine.”

Tyra Singleton is a first year law student at the University of California, Hastings College of the Law. Tyra graduated from San Francisco State University with a BA, magna cum laude, in Sociology and Africana Studies. Tyra is also the inaugural recipient of the Mayor Willie L. Brown Jr. ’58 Endowed Scholarship. Her past experience includes work with the Impact Fund in Berkeley and volunteer work with Shih Yu-Lang Central YMCA.

“This summer placement gives me an invaluable opportunity to learn from the best. Kazan has a stellar reputation as expert trial attorneys and industry leaders in asbestos litigation,” Tyra said. “Additionally, it is a priority of mine to work for a firm that is committed to diversity and supporting the communities around them. I have personally witnessed the ways in which Kazan is changing lives through their Foundation’s generous support of community organizations and mesothelioma research. I admire and respect the great work they are doing on behalf of their clients and I am happy to be at a firm that has values similar to my own.”

Kazan Law Summer Clerks Learn By Doing

At Kazan Law, law students get the invaluable chance to learn by doing. Instead of listening to law professor’s lecture and reading text books, here these young people get to do real world law firm tasks such as:

Helping draft parts of motions.
Attending court hearings.
Assisting in trial preparation.
Writing legal memorandum.
Fact checking legal documents.

In keeping with the needs of our community and the population we serve, our summer clerks reflect the diverse spectrum of America today. We consider it a duty and a privilege to help educate these bright young future lawyers about the ongoing need to balance the scales of justice and represent those unlawfully exposed to asbestos by willfully negligent business interests.

What Are Asbestos Compensation Funds?

Posted on June 4, 2015 by Steven Kazan

Mesothelioma trust funds and asbestos bankruptcy trusts are funds set up by corporations responsible for exposing their customers and others to asbestos. The funds ensure that victims of asbestos-related illnesses receive compensation, even if the companies have filed for bankruptcy or gone out of business. In order to fully understand how the funds work, it’s best to examine the history of asbestos compensation funds from the beginning.

History of Asbestos Compensation Funds

Employees of Johns-Manville, which mined and processed asbestos, began suing the company over lung illnesses as early as 1930. In 1982, to deal with the mounting cost of these lawsuits, the company reorganized under Chapter 11 bankruptcy. Johns-Manville placed funds to pay victims of mesothelioma and other asbestos-related illnesses into a bankruptcy trust. Since that time, other companies have created about 50 asbestos trusts in bankruptcy.

People suffering from asbestos-related illnesses, as well as spouses and dependents, are eligible for compensation from the asbestos trust of the corporation responsible for their exposure. Some companies have not sought bankruptcy protection and must be sued directly to obtain compensation.

Congress may soon make it harder for victims to access asbestos trust funds. House Republicans have introduced legislation that will place burdensome reporting obligations on the trusts, to the benefit of companies that continue to use asbestos and to the detriment of claimants.

How to Receive Asbestos Compensation Funds

To prove your claim, you will need documentation of diagnosis with an asbestos-related illness, based on an examination by a physician approved by the trust. In all but mesothelioma cases, you must also meet the criteria for Significant Occupational Exposure (SOE) to asbestos of at least 5 years total, along with 6 months exposure to the products for which each trust is responsible. Requirements may vary based on your occupation and the company or companies for which you worked. You will need to provide affidavits supporting your exposure.

Each asbestos trust is run by one or more independent trustees, who seek advice from a Trust Advisory Committee made up of attorneys from law firms that represent asbestos claimants, and a representative of future claimants. The trust reviews claims and assigns values to accepted claims based on an equitable distribution of the trust’s assets to current and future claimants. I have been been nominated by the U.S. Trustee and appointed by the U.S. Bankruptcy Court to serve as a member or as counsel to victim members in almost all asbestos bankruptcy reorganizations.

Payments are calculated based on several factors, including the severity of your illness, the age at which you were diagnosed, and the history of past settlements negotiated by your attorney. Other factors that may have contributed to your illness, such as a history of smoking, may also affect the amount of your settlement. All asbestos funds publish average payment amounts. If a trust does not have enough funds left to pay all anticipated claims, it will reduce each claim by a percentage that will allow it to continue to compensate future claimants. If you disagree with the amount of your settlement, you may dispute it.

Most asbestos bankruptcy trusts will take a few months to more than a year to process a new claim. If you accept the payment offered, the time frame for receiving payment can again vary, but it is usually around two months. Some of the larger trusts accept claim documents electronically to speed the process. For those facing financial hardship or terminal illness, most asbestos trusts offer an expedited review process that will remit funds more quickly.

Are Asbestos Compensation Funds the Only Way to Receive Help?

Asbestos trust funds were set up for two purposes: to protect the assets of corporations who exposed their employees and customers to asbestos and to provide money to compensate those suffering from mesothelioma and other asbestos-related illnesses, even if the responsible company ceases operations. The trust process provides a simpler and quicker way for claimants to receive much-needed compensation to pay for medical bills and other financial burdens of asbestos-related injuries. Trust payments, however, are generally lower than what plaintiffs could expect to recover through the courts or through negotiated settlements or jury verdicts.

Gathering and submitting the documents you need to prove your claim to an asbestos trust fund can be challenging, particularly if you are contending with health and financial concerns. If you were exposed to asbestos from more than one company, you may need to file claims with multiple trusts or pursue a combination of trust claims and a lawsuit, to receive the compensation you are entitled to. An attorney familiar with the process can take the burden off you while assuring that your paperwork is completed correctly the first time, so you receive compensation more quickly.

Some claimants may wish to pursue their claims in court. By filing a lawsuit against the company or companies that subjected you to asbestos poisoning and pursuing a trial or negotiating a settlement, you may receive a larger payment for your injuries. An attorney with experience working with clients suffering from mesothelioma and other asbestos-related diseases can explain your choices and help you choose option that is best for you and your family.

Types of Mesothelioma Lawsuit Payouts

Posted on June 2, 2015 by Steven Kazan

Mesothelioma Lawsuit Payouts: Settlements

Plaintiffs sickened by exposure to asbestos sometimes choose to accept settlements rather than taking their cases to trial. While settlement amounts tend to be lower than jury verdicts, when you settle your case, you will usually receive payment from the defendant soon after. Trials may take months or years and defendants often appeal, stretching the process out even further. Negotiating a just settlement for your case is often the best way to provide much needed funds for medical care and to replace lost income.

What can I expect from the settlement process?

Settlement discussions may take place at any point before or even during trial, but they most commonly begin after both sides have exchanged documents through the discovery process. Negotiations may take several weeks or several months and there are usually separate negotiations with different defendants. At Kazan Law, our goal is to achieve settlements that allow our clients and their families to maintain their quality of life and achieve goals that may have been derailed by asbestos-related illness. In calculating a good settlement, we take into account the emotional and financial toll of dealing with a family member’s illness and the financial hardship our clients suffer when a wage earner is forced to leave his or her career early.

What variables will affect my mesothelioma settlement amount?

Settlements, like jury verdicts, take into account past and future lost wages, medical costs, pain and suffering, and, for married couples, loss of consortium (loss of marital relations). When a worker contracts mesothelioma, his or her age at the time and expected earnings potential for the remaining work years are factored into the settlement amount.

What kind of settlement can I expect?

While each case is unique, Kazan Law has been able to negotiate some of the highest asbestos-related settlement payments for our clients. The terms of our settlements require us to keep the amounts confidential, but we have achieved sizable settlements for an airline pilot exposed to asbestos during airplane hangar construction and a man who was exposed to asbestos on the job at a PG&E power plant.

Mesothelioma Lawsuit Payouts: Verdicts

What can I expect from the trial process?

When settlement negotiations fail, cases proceed to trial. Because of the seriousness of mesothelioma, Kazan Law attorneys do everything in our power to schedule an early trial date for our clients. Even so, it can take months or years after filing the initial lawsuit before your case comes before a jury. You will be asked to attend the trial, health permitting, and may be called on to testify before the jury. If the jury reaches a verdict in your favor, you may not immediately receive payment. Defendants often choose to appeal, drawing out the process. It is not uncommon, however, for parties to come to a settlement during or even after trial.

What is the risk of going to trial instead of settling my case?

The outcome of a trial is not guaranteed. A jury may reach a verdict in your favor but award lower damages than hoped. Judges sometimes reduce the damage amounts awarded by juries. On the other hand, juries tend to be sympathetic to mesothelioma victims and have awarded much higher amounts than plaintiffs could have gained through settlement negotiations. Juries can also determine punitive damages, which may increase the amount of the verdict.

What kind of verdict can I expect?

Kazan Law attorneys have won sizable verdicts from companies that knowingly exposed people to asbestos. We won a $5,482,047 verdict for a machinist who developed mesothelioma after working with asbestos-lined wire products. After reaching a settlement with multiple defendants, we won an additional $10,038,000 at trial against the remaining defendant for a welder who had died of mesothelioma. We won a $20,500,000 award for a man who had worked for a plant that manufactured asbestos-lined pipes. We won over $20 million for a woman who developed mesothelioma from exposure to asbestos in the flooring of her childhood home.

Mesothelioma Lawsuit Payouts: Asbestos Trust Funds

What is the purpose of mesothelioma and asbestos bankruptcy trust funds?

Because mesothelioma usually does not manifest until 20 to 50 years after exposure to asbestos, some of the companies responsible for exposing their employees to this harmful mineral have ceased operations or declared bankruptcy. Others are struggling financially. To protect the many victims of asbestos exposure who may develop mesothelioma in the future, money has been set aside in 50 different trust funds to compensate current and future victims of asbestos-related illnesses.

Do I need a lawyer to seek compensation from an asbestos trust fund?

If a company responsible for your asbestos exposure has protected their assets through an asbestos trust fund, you cannot file a lawsuit against them. Claims for money from these funds are handled by the trustees who manage them. Many people suffering from mesothelioma choose to engage an attorney experienced with the trust process to ensure their paperwork is completed quickly and correctly.

How are payouts from the trust funds calculated?

The trust calculates payment based on the amount of assets remaining in that trust divided among all current cases and expected future cases. Approximately $32 billion is available in the various trust funds. The average payout for a shipyard or construction worker who has been diagnosed with mesothelioma is $260,000, but the amount varies considerably and a skilled attorney can get you the maximum amount possible

2015 Broussard Scholarship Recipients Announced

Posted on May 14, 2015 by Steven Kazan

Nancy Arevalo, Mrs. Broussard, Steven Kazan, Rodney K. Nickens Jr., Mary Griffin

Lake Charles, Louisiana, 1929. Future California Supreme Court Associate Justice Allen E. Broussard is born. The Depression hits and seeking better opportunities, the family moves to the Bay Area. Justice Broussard sells shoes and works in a canning plant to pay his way through San Francisco City College, UC Berkeley and Boalt School of Law. While still a student, he starts his lifelong efforts to promote equal rights for African Americans in the workplace. In 1964 he becomes one of California’s first African American judges. In 1981 Governor Jerry Brown appoints him to the State Supreme Court where he served for 10 years, writing many of the courts majority opinions.

Broussard Scholarship Established in 1996

The Allen E. Broussard Scholarship Fund was established in 1996 after Justice Broussard’s death, and was incorporated as the Allen E. Broussard Scholarship Foundation in 1999. The goal of the foundation is to continue Justice Broussard’s work in the minority community by assisting law students from underrepresented backgrounds in their pursuit of a career in the legal profession.

Justice Broussard strove to expand opportunities within the legal profession. One of his goals was to increase the diversity of the profession; making sure all minorities are given the opportunity to rise and “take a place at the table,” as he was fond of saying.

Kazan Law Foundation Helps Support the Broussard Scholarships

Several of us here at Kazan Law had the privilege of working with Justice Broussard during our legal careers. We are proud that our firm’s foundation annually helps support the Allen E. Broussard Scholarship Foundation scholarship awards.

Having served as Chairman of the Board of Directors of the Allen E. Broussard Law School Scholarship Foundation for over a decade, I am honored each year to present three or more academically qualified students from economically challenged backgrounds with a $5,000 scholarship. This award is the largest private scholarship award for law students attending California Bay Area law schools. Three students received the award this year.

The 2015 Broussard Scholarship Recipients

Rodney K. Nickens Jr. is about to be a third year law student at UC Hastings College of the Law, studying civil rights to pursue a career as a civil rights attorney. Rodney is the co-editor-in-chief-elect of the Hastings Race and Poverty Law Journal. This summer he will intern for the Executive Office of the Attorney General at the California Department of Justice.

A committed advocate for civil and human rights, Rodney promotes diversity, equity, and inclusion in the legal profession at Hastings, where he is a member of the Legal Education Opportunity Program (LEOP), the Black Law Students Association (BLSA), and the Hastings to Haiti Partnership (HHP). Rodney has earned several distinctions while pursuing his legal education, including being awarded the 2015 Moot Court “Best Oral Advocate” Award, being selected for the BLSA Mock Trial Team, and competing at the 2015 Thurgood Marshall Mock Trial Competition, where his team advanced to the final round of regionals.

He was honored to win his first case as a Certified Law Student at the Hastings Civil Justice Clinic in the Individual Representation practice area last year, where he represented a client in an appeal to the California Unemployment Insurance Appeals Board in Oakland.

A native of Portsmouth, Virginia, he earned an M.A. at UCLA in 2011 and received his undergraduate degree from the University of California, Merced, where he was a member of the inaugural Class of 2005.

Nancy Arevalo was born in El Salvador. When she was eleven years old, her family moved to California’s Central Valley where her parents were farm workers. She spent many summers packing apricots and tomatoes beside them. Nancy is the first one in her family to graduate from college. She received her B.A. in Sociology and Spanish Literature from UC Berkeley in 2008. She is entering her third year of law school at UC Hastings College of Law.

Before law school, Nancy worked for five years with the National Senior Citizens Law Center advocating on behalf of low-income older adults. At UC Hastings, she is involved with the Refugee & Human Rights Clinic and the Partnership Initiative & Legal Aid to Rural Communities. She also worked with La Raza Centro Legal providing immigration and employment legal services to low-income communities in San Francisco. She is Co-Chair of Hastings’ La Raza Law Students Association. She is committed to public interest law and would like to continue working on issues affecting the Latino community.

Mary Griffin is from South Central Los Angeles. In high school, Mary enrolled in a dual enrollment program at a local community college. She graduated a year early from high school, with her first two years of college completed. She started at UC Berkeley on a merit-based scholarship as a 17 year-old junior.

While at UC Berkeley, Mary was an active member of the Black Retention and Recruitment Center, Intervarsity Christian Fellowship, and other campus and community organizations. She graduated in 2011 with a BA in Political Science at age of 19. Mary then worked as an afterschool teacher and volunteered for Families of the Incarcerated. Mary currently is a legal secretary at Philip M. Andersen & Associates. She also serves as a Court-Appointed Special Advocate for Contra Costa County, where she works one-on-one with children in the foster care system. Mary will be starting Berkeley Law this fall, where she plans to continue serving those in need

Asbestos Warning Hoped For at UN Convention

Posted on May 12, 2015 by Steven Kazan

A global asbestos warning at long last is the hoped for outcome of the United Nations Rotterdam Convention currently underway in Geneva, Switzerland. It is an ongoing struggle because of the powerful international asbestos industry interests that profit by keeping things just as they are. But anti-asbestos advocates and Convention delegates who are concerned about human health continue to hope for change. This year we may finally see the changes we long have sought.

Asbestos Warning Part of the Bigger Picture at Rotterdam

Asbestos warning attempts are part of the bigger picture of the UN’s Rotterdam Convention. The Convention focuses on pesticides and industrial chemicals that are of global concern for health or environmental reasons. It is basically a multilateral treaty to promote shared responsibilities in relation to the exporting and importing of hazardous chemicals and materials.

Under the Rotterdam Convention, countries nominate chemicals for inclusion in the international PIC (prior informed consent) list.

Impact of Rotterdam Convention PIC List

The PIC listing is a warning, not a ban. The chemicals included on the list are subject to extensive information exchange and obligations related to international trade. Exporting nations are required to provide documentation on the nature of the substance so that importers can make informed decision as to whether or not they are capable of using it safely.

A regulatory decision to place a chemical or material like asbestos on the PIC list for health or environmental reasons is circulated to all involved countries. It has ramifications for exporting and importing products and can impact trade. This is why asbestos-exporting companies encourage their nation’s delegation to vote against adding asbestos to the PIC warning list.

Asbestos Warning Fits Rotterdam Convention Objectives

Asbestos warning labels worldwide clearly fit the objectives of the Rotterdam Convention. The text was adopted on September 10, 1998 at a UN conference in Rotterdam, the Netherlands.

The official objectives of the Convention are:

Promote shared responsibility and cooperative efforts among nations in the international trade of certain hazardous materials in order to protect human health and the environment from potential harm
Contribute to the environmentally sound use of those hazardous materials, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions worldwide

Asbestos Warning Signs Greet Industry Lobbyists

Signs calling for an asbestos warning are displayed on the sides of buses and trains throughout the city of Geneva as asbestos industry lobbyists arrive from pro-asbestos countries Russia, India, Ukraine, Kazakhstan, Vietnam and Brazil.

The asbestos warning signs are sponsored by labor unions including IndustriALL Global Union and its affiliates The Australian Manufacturing Workers’ Union and The Construction, Forestry Mining and Energy Union. Their messages state:

Asbestos = Death – Every five minutes someone dies from asbestos exposure – For the global ban on all asbestos.

Stop all trade in deadly asbestos – 2 million tons of asbestos are used every year – For the global ban of all asbestos.

Asbestos: all products still deadly – 125 million people in the world are exposed to asbestos at work – For the global ban of all asbestos.

Asbestos Warning Hinted At By UN Official

Asbestos warnings through inclusion on the PIC list have been put forward before at previous Rotterdam Conventions but have not passed because of the influence of asbestos industry lobbyists; notably those from Canada. This time may be different.

The International Ban Asbestos Secretariat (IBAS), a London-based asbestos monitoring organization, reports that Baskut Tuncak, a UN special envoy on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, said in an official statement that he is “deeply troubled” by the behavior of vested interests who “continue to obstruct the listing of asbestos (as a banned substance) under the Rotterdam Convention…”

Asbestos Ban Previously Thwarted by Canada

At the 2011 Rotterdam Convention, the Canadian delegation surprised many with a refusal to allow the addition of chrysotile asbestos to the official Rotterdam Convention list of substances that require a warning label.

There is some indication that this time around, they may have changed their minds. As IBAS stated in their recent newsletter, “Whether chrysotile will be listed this time around is anybody’s guess. If the industry veto is ended, then the Rotterdam Convention may begin to fulfill its potential.” We can only hope.

Workplace Safety Report Highlights Hazardous Conditions

Posted on May 8, 2015 by Steven Kazan

Workplace safety is something we take for granted. We just assume that when we go to work the elevators in the building will run properly, that the electrical outlets are grounded and safe and that the air we breathe is clean and healthy. But for many people, even here in socially conscious California, the workplace can be full of dangers; some even fatal. And all because the decision makers decided to try to squeeze out some extra profit at the expense of workplace safety by cutting corners.

Workplace Safety Lapses Cataloged by Watchdog Group

Workplace safety is supposed to be the province of the state government’s Division of Occupational Safety and Health, better known as Cal/OSHA. Cal/OSHA’s mission is to protect workers from health and safety hazards on the job in the workplace in California through its research and standards, enforcement, and consultation programs. But Cal/OSHA is not popular with the big business interests that donate heavily to political campaigns. So Cal/OSHA is woefully underfunded and understaffed.

To counter the lapses in workplace safety accountability here, my colleague Fran Schreiberg, partner Denise Abrams and others started a watchdog group called WorkSafe. Fran, who is Kazan Law of Counsel, represents us at WorkSafe. She recently told us that WorkSafe’s annual report, called “Dying at Work”, cataloging California workplace fatalities and injuries, has just been published. Because of the difficulty of obtaining data about laborers, especially undocumented laborers, who were killed or injured on the job, there is a necessary time lag in WorkSafe’s annual report. This year’s report presents final statistics for 2013 and some data for 2014.

Every year, the release of this report is a sobering reminder of the real consequences of unabated hazards and employer defiance, of the prioritizing of profit over the people whose labor makes it possible.

Workplace Safety Report Fatality Findings

The following list are some of the shocking findings and workplace safety problems facing California:

A total of 396 California workers died on the job in 2013. This is believed to be an undercount because it does not include undocumented workers and those who will die years later from workplace exposure to hazards like asbestos
Transportation incidents account for the largest number of fatalities at 35%
Exposure to harmful substances accounts for 10%
Falls, slips and trips account for 16%
Men account for 92% and women 8% of all fatalities
Workers between the ages of 35 and 54 account for about 50% of all fatalities
Workers identified as Hispanic were 49% of the total, white made up 41% of those killed on the job, while those identified as black constituted 4% and those identified as Asian comprised 5%

Workplace Safety Problems Underreported

Workplace safety often is underreported according to a new UCLA labor study. The research found that while 75% of workers sought medical treatment for their injuries, only 8% filed a workers compensation claim. Reasons for not filing a claim included:

Workers were afraid of losing their jobs
Workers did not want to miss work
Employers reacted negatively when they learned about workers’ injuries
Employers did not provide workers’ compensation forms
Workplace Safety Report Features Mesothelioma Survivor

Workplace safety neglect resulted in the asbestos exposure of Kazan Law client Paul Zygielbaum. Paul was diagnosed with mesothelioma, a fatal cancer of cells lining vital organs resulting from asbestos exposure. Miraculously, he has survived 12 years and is still going strong. Most mesothelioma patients usually live only for one to two years following diagnosis. Paul is using his time now as an activist advocating for workplace safety and fighting the industry that caused his disease. We are pleased that his story was featured in the new workplace safety report.

AB 597 Retreat Is Victory For Asbestos Victims

Posted on April 29, 2015 by Steven Kazan

AB 597, a California State Assembly bill that threatened the rights of asbestos victims, has vanished for now, I am proud to report. Thanks to a concerted effort by the Consumer Attorneys of California, labor unions and other concerned groups, AB 597 was mothballed by the leading Assemblyman, its sponsor.

With major corporate interests like the Koch Brothers behind AB597, a bill designed to deprive mesothelioma patients and other victims of unlawful asbestos exposure of their right to a speedy trial and just compensation, we can be sure they will attempt new legislation like this again. We will remain vigilant but for now let us rejoice in the victory we have won for justice.

AB 597 Official Death Notice

AB 597 is short for California Assembly Bill No. 597. It was sponsored by Assemblyman Ken Cooley, a Democrat from Rancho Cordova who offered a bill written by a powerful nationwide business lobbying group known by the acronym ALEC. ALEC stands for the American Legislative Exchange Council. Their goal is to tear down laws designed to shield Americans from the dangers of corporate greed. They turn out model legislation to slip into state assemblies all over the country. In this instance asbestos victims were in their cross hairs. But they didn’t get away with it.

AB 597 was scheduled for a hearing this week. But a recently released current bill status update clearly states, “Hearing canceled at the request of author.” This means that the bill did not even make it to a vote.

AB 597 Fight Rallied Diverse Citizen Groups

AB 597’s chilling threat to the rights of asbestos victims was viewed as a giant step in the wrong direction by many diverse groups who protect people. Firefighters and building and construction workers all face higher than average risks of asbestos exposure because of the presence of asbestos in many buildings. The groups that represent these workers helped us put together a strong coalition in opposition to AB 597: the State Labor Federation, the State Building Trades, the State Laborers Union, the California Professional Firefighters, the State Teamsters along with nearly every labor and democratic group organized in AB 597 sponsor Assemblyman Cooley’s district. Constituents placed over 100 phone calls directly to his office to oppose the bill.

Veterans, whose health plight has deservedly been in recent news, also opposed AB 597. Although veterans represent only eight percent of the U.S. population, they are an astonishing 30% of all known mesothelioma cases. Mesothelioma’s only cause is asbestos exposure. Veterans, especially those who served in the U.S. Navy, often were exposed to asbestos in the brake linings of military vehicles and in the insulating materials on ships.

While these groups and many others besieged Assemblyman Cooley’s office with phone calls and emails, Kazan Law’s of counsel Fran Schreiberg and I helped provide the policy arguments needed to help the committee members understand why AB 597 was a bad idea. Bills typically are dropped when the bill’s author realizes the votes are not there to get the measure out of committee and that’s what happened to AB 597.

AB 597: A Political Lesson

The rise and fall of AB 597 offers an interesting lesson in politics. First of all, the big money interests who really crafted this stealthy bill chose California because we have the dubious distinction of leading the nation in mesothelioma and asbestos-related deaths.

Second, most of us buy into the stereotype that members of the Republican Party represent big business and the Democrats are more attuned to remedying injustices faced by the vast majority of everyday people. Yet the reality is that AB 597, which intended to hurt people all ready fatally hurt by asbestos exposure, was introduced by a Democrat. This was a clever strategy. In a Democrat-controlled Legislature, it is very difficult to stop bills introduced by a fellow Democrat. The lesson is that some California legislators who are Democrats have fallen for corporate rhetoric about business and jobs at the expense of sickness and death.

Fortunately, our state is represented by many good and honorable legislators who recognized the false logic cruel injustice AB 597 would have inflicted on those suffering from the lethal effects of asbestos exposure. And they understood that this asbestos exposure was knowingly caused by the very same business interests that were the real architects of AB 597. So the wonderful lesson is that democracy still works and that given enough information, the people we elect to represent us will do just that – represent us.

For more details on what AB 597 intended to do to the legal rights of asbestos victims, please see our recent article Asbestos Legislation AB 597 Will Trample Victims’ Rights.

Veterans Mesothelioma Rights Hurt By New State Bill

Posted on April 13, 2015 by Steven Kazan

Veterans mesothelioma rights will be drastically hurt by a proposed new state bill. The legislation now pending in the California State Legislature disproportionately impacts veterans, who comprise 30% of all mesothelioma patients, and their families. This mean-spirited piece of asbestos legislation, motivated by sheer corporate greed, takes away the rights of all of the thousands of Americans who are sick and dying from the lethal effects of asbestos exposure. But veterans stand to lose the most if this bill passes.

Delay is the point of this bill – delay which assures that those most ill will die before their case reaches judgment.

How AB 597 Takes Away Veterans Mesothelioma Rights

Veterans mesothelioma is among the most tragic of all. These brave Americans who stepped up and did their duty for our country often put themselves in harm’s way and made sacrifices on behalf of all of us. Yet they were carelessly and needlessly exposed to asbestos. Now many of them are suffering from mesothelioma, a fatal cancer for which the only known cause is asbestos exposure.

Proposed legislation Assembly Bill 597 (AB 597) would all but eliminate the rights of asbestos victims to a fair trial and just compensation. One third of those affected would be veterans.

Bill Harming Veterans with Mesothelioma Backed by Corporate Group

Veterans and others suffering from mesothelioma should know that AB 597 is being sponsored by Assemblyman Ken Cooley (D-Rancho Cordova). They also need to know who is really behind AB 597. It is an evil lobbying group that carries out the wishes of corporate interests. It is called the American Legislative Exchange Council or ALEC for short. ALEC — composed of thousands of mostly Republican state legislators and financed by several hundred corporations – is a corporate front group that promotes so-called “model legislation” to state legislatures. ALEC focuses on stripping consumers and workers of their rights in order to maximize profits for corporate members. It is funded by the Koch brothers, who own Georgia-Pacific, a major asbestos defendant.

How You Can Help Us Stop AB 597

At Kazan Law we are doing everything we can to defeat this new asbestos legislation that would be so detrimental to asbestos victims. But we need your help. Time is of the essence. This bill will be heard for the first time on April 28 and we want to stop it now by encouraging the author to drop the bill.

Please take a moment and write to State Assembly Member Cooley. There are three forms of letters you may find useful. Choose the one that reflects whether you are writing as an individual, a U.S. Armed Services veteran, or on behalf of an organization (the letter from organizations is pre-addressed to the Chair of the Assembly Judiciary Committee and if you send it there, your organization will be listed among the many others opposed to AB 597). All are available on our website. Simply click the link.

individual model letter

veteran model letter

organizational model letter

Veterans with Mesothelioma Are 30% of All Mesothelioma Patients

There are 25 million US vets. Although they represent just 8% of our population, they are an astonishing 30% of all known mesothelioma deaths. California ranks first in the country overall for mesothelioma and asbestos related deaths and is alone home to almost 2 million vets. These vets were often exposed while actively serving our country.

Asbestos was once used by the military in electric wiring insulation, brake pads and clutch pads on jeeps, tanks and aircraft. Military housing and other buildings on bases were constructed with building materials containing asbestos. The veterans most at risk are those who served in the Navy. All US battle ships commissioned between 1930 and 1970 contained tons of asbestos insulation in engine rooms, miles of piping running throughout the ships, and in the doors and walls as fireproofing measures.

Veterans Mesothelioma Cases Lose Right to Fair Speedy Trial

Veterans mesothelioma, like other cases of mesothelioma, does not wait for a court date. Once mesothelioma is diagnosed, typically decades after the damaging asbestos exposure occurred, the patient usually will only survive for a year.

Because mesothelioma victims die soon after diagnosis, they are often eligible for a speedy civil trial. But a speedy trial means nothing if the victim is unable to prepare for court due to delays required by AB 597.

AB 597 forces veterans with mesothelioma and other mesothelioma victims to delay seeking a trial until they have filed claims with every single asbestos trust. Asbestos trusts were set up to protect the assets of companies guilty of asbestos exposure. They declared bankruptcy and set aside an amount of cash for the victims of asbestos exposure they knowingly harmed. But the trusts pay only pennies on the dollar. There are over 60 possible trusts and asbestos victims may be eligible for a relatively small number of these but are required by AB 597 to submit statements under penalty of perjury that each asbestos trust has been evaluated for a potential claim. Delaying the trial date to do this often means death before the court judgment.

Also, requiring every plaintiff to file against every trust – even if the plaintiff doesn’t want to do so – ultimately reduces the amount of funds in the trust that a veteran might seek.

Veterans Mesothelioma Justice Delayed is Justice Denied

For veterans with mesothelioma who are ill and dying, justice delayed is justice denied. In California, unlike many other jurisdictions, if the person bringing a lawsuit for injuries dies before the case is complete, there is no recovery for the pain and suffering the victim endured. The mesothelioma veteran’s family receives far less in compensation. And the corporate bad guys who poisoned the veteran are shielded from full accountability and receive a windfall by the delays AB 597 creates. Veterans mesothelioma deserves justice and compassion not legislative obstacles.

Vietnam Veterans and the Risk of Asbestos Exposure

Posted on March 25, 2015 by Steven Kazan

Vietnam veterans face a major health risk as a result of exposure to asbestos exposure. Asbestos exposure is the sole cause of mesothelioma, a fatal cancer affecting the cells lining vital organs. Because mesothelioma takes decades to emerge, many veterans of the Vietnam War who were exposed to asbestos during their service may only now be ill from this dreadful disease.

It is tragically ironic that the brave people who fought for our country during the Vietnam War survived the risks associated with military conflict in hostile enemy territory only to now face a life-threatening illness from the hidden danger of exposure to asbestos while on active duty.

Vietnam Military Personnel Who Might Have Suffered Asbestos Exposure

Asbestos exposure may have occurred among the 9,087,000 total veterans who served in Vietnam, especially during the most active years of US involvement from 1965 to 1975. Those affected could have included:

3,403,100 (including 514,300 offshore) veterans who served in the Southeast Asia Theater – Vietnam, Laos, Cambodia, flight crews based in Thailand and sailors stationed in the South China Sea.

2,594,000 veterans who served within the borders of South Vietnam
( January 1965 – March 1973)

7,484 women who served in Vietnam, of whom 6,250 or 83.5% were nurses.

The number of living Vietnam veterans was recently estimated to be 7,391,000. These surviving veterans of the Vietnam conflict were likely exposed to asbestos during their years of service to our country. They may start to experience symptoms of mesothelioma after a latency period of as much of 50 years following their asbestos exposure.

Why Were Vietnam Veterans Exposed to Asbestos?

Veterans of the U.S. Military, many of them Vietnam veterans, account for nearly a third of all mesothelioma diagnoses because of the military’s heavy reliance on asbestos during most of the 20^th century. Why? Asbestos was once highly valued for its heat resistance and fire-proofing qualities. This made it a useful material for every branch of the military. All modes of military transportation including ships, tanks, jeeps and aircraft contained asbestos.

Asbestos was used in electric wiring insulation, brake pads and clutch pads on jeeps, tanks and aircraft. Military housing and other buildings on bases were constructed with building materials containing asbestos.

It wasn’t until the mid 1970s, after public outrage and the first lawsuits over the toxicity of asbestos and its lethal consequences, that the military stopped using it. But this was too little too late for Vietnam veterans who had already been exposed to asbestos in the line of duty.

Where Vietnam Veterans Encountered Asbestos

Active members of all the branches of service in Vietnam–Army, Marines, Air Force and Navy – were in conditions with a high likelihood of exposure to asbestos. These veterans worked in repair shops stocked with asbestos-containing machinery, rode by land, air and sea in battle vehicles with asbestos parts, and lived in structures containing asbestos. Veterans of the Vietnam War were exposed to asbestos fibers through close proximity to:

ceiling tiles
flooring and flooring tiles
wall insulation
vehicle brakes, gaskets, and insulation
asbestos cement used for foundations
barracks
base operations facilities

The veterans most at risk from their Vietnam service are those who served in the Navy. All US battle ships commissioned between 1930 and 1970 contained tons of asbestos insulation in engine rooms, miles of piping running throughout the ships, and in the doors and walls as fireproofing measures. Although a policy was established in 1975 to end the use of asbestos and materials containing asbestos as a thermal insulation material, this policy came too late for the prevalent use of asbestos in the Navy during the Vietnam War. Asbestos fibers were also incorporated in:

tiles on Navy ship decks
electrical cabling in Navy galley ranges
piping system gaskets and packing

Asbestos Exposure Symptoms

Vietnam veterans were trained to be highly aware of signs that the enemy was approaching. Today Vietnam veterans need to be aware of signs of the enemy that may lurk within. Primary symptoms of pleural (lung membrane) mesothelioma include:

Shortness of breath
Coughing, wheezing or hoarseness
Blood in coughed up fluid
Fatigue or anemia
Chest pain due to accumulation of fluid around the lungs

Although these symptoms are shared by other illnesses, their presence combined with a history of service in Vietnam with likely asbestos exposure means it’s important to have a doctor test you for mesothelioma. If the diagnosis is confirmed, you may qualify for special financial benefits from the Veterans Administration. You may also have the right to compensation from companies that made or supplied or installed the asbestos that harmed you. If so, you could receive compensation either through a court settlement or from bankruptcy trusts set up by the companies. Either way, be sure to consult an experienced asbestos attorney.

Asbestos Exposure Bill Aims To Protect Workers, Families

Posted on March 11, 2015 by Steven Kazan

Sen Dick Durbin (D-ILL) has introduced a bill, the Reducing Exposure to Asbestos Database (READ) Act designed to require manufactures, importers and those who handle asbestos-containing products to annually report information to the Environmental Protection Agency (EPA) about their products.

Asbestos Exposure Product Data Would Be Accessible Online

The proposed READ Act would require EPA to make this comprehensive asbestos exposure information available to the public in an accessible easily searchable online database.

The database would also list any publicly accessible location where products with asbestos have been reported in the past year and asbestos exposure may have occurred.

“Every year, far too many Americans and their families suffer the deadly consequences of asbestos exposure,” Durbin said in a release. “The goal of this legislation is simple: increase the transparency and accessibility of data informing the public about where asbestos is known to be present. This information will increase awareness, reduce asbestos exposure, and help save lives.”

Americans Remain At Risk For Diseases Caused By Asbestos Exposure

If passed, the new legislation would represent a giant step forward in protecting American workers and their families from the lethal dangers of asbestos exposure.

Asbestos exposure is the only known cause of mesothelioma, a rare form of cancer that affects cells found in the mesothelium, a protective membrane surrounding the majority of the body’s internal organs. A history of asbestos exposure in the workplace is reported in approximately 70 to 80 percent of all mesothelioma cases. Families of people who work with asbestos can develop mesothelioma from exposure to asbestos dust brought into the home on the worker’s clothes.

Approximately 2,500 new cases of mesothelioma are diagnosed in the United States each year. The average survival time of those with malignant forms of the disease is 10 to 14 months. In addition to mesothelioma, the inhalation of asbestos fibers can cause lung cancer and asbestosis.

Although the dangers of asbestos exposure have been known since the 1930s, the US has been slow to act on eliminating all asbestos use in commercial products.

New Bill Would Update 1988 Asbestos Exposure Law

The new proposed legislation would update and expand the Asbestos Information Act, signed into law by President Reagan in 1988. It currently requires manufacturers and processors of asbestos-containing materials to provide the EPA with a one-time report on their products. Because the law predates the Internet, the information on potential asbestos exposure is published only in the Federal Register and not easily accessible to the public. By requiring the information to be posted online, Durbin’s bill would give Americans a new comprehensive way to monitor potential asbestos exposure in products they may work with and purchase for use.

Posts by: Steven Kazan