We Can Help The costs of mesothelioma can be overwhelming. They can include income loss, expensive treatments that may not be covered by health insurance, plus pain and suffering for you and for your family. Because the disease is preventable – and because it is usually caused by someone else’s negligence – legal options may be available to help regain these costs.
Asbestos lawyers focus their practice on knowledgeably and effectively bringing to justice companies that exposed employees and the public to asbestos products.
A mesothelioma attorney can help you consider your options and file a claim against the company responsible for your asbestos-related illness. More than one company may be responsible. A mesothelioma attorney identifies all companies at fault.
Mesothelioma lawsuits have helped thousands of people receive financial assistance. A lawsuit can result in much-needed money to help reduce financial hardships during an illness and can also provide a more stable future for your loved ones. A lawyer specializing in asbestos litigation can help you seek compensation for expenses related to illness caused by asbestos exposure.
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Asbester, a company in the Netherlands, claims it can convert asbestos-containing products into non-hazardous construction materials. Located in Rotterdam, Asbester aims to permanently eliminate the harmful global waste problem of asbestos from ending up in landfills.
Using a unique denaturing process, large sheets of asbestos cement are drenched in water, heated, shredded and then turned into a slurry. Asbester says these steps dissolve dangerous asbestos fibers, removing the toxic mineral and allowing the material to be repurposed as calcium silicate hydrate for use in concrete mixtures for construction projects or in the paint industry.
“All asbestos just goes to landfill,” Graham Gould with Thermal Recycling told the BBC. “Once it’s in a landfill, it just stays there forever. People talk about removing asbestos but no asbestos has ever been removed, it has just been shifted from one place to another.”
The company is currently utilizing this process for asbestos cement roofing sheets. The same process will soon be used to denature water pipes. For now the company is working out of a small industrial unit but plans to have a full-scale plant up and running by 2026. Experts believe a processing plant could denature up to 33,000 tons of asbestos a year.
The European Asbestos Forum reported in 2019 that an estimated 220 million tons of asbestos was produced around the world. While asbestos use in the U.S. has declined, raw asbestos imports rose dramatically in 2022 to 114 metric tons in just the first 3 months of the year, according to the U.S. International Trade Commission.
Legacy asbestos can also still be found in some older buildings and products. As asbestos ages it has a greater potential to break down, releasing asbestos fibers into the air.
Asbestos Recycling
Recycling asbestos products is another way the dangers of the mineral can be neutralized. The recycling process involves using microwave thermal treatments to heat the asbestos or milling it at high speed.
The process can create what’s known as “glassphalt” for use in building roadways. It can also produce “glasscrete” that can be used in construction materials.
The technology can be complicated and cost about three times the amount of traditional asbestos disposal. For now, the option of recycling asbestos is only an option for private companies and U.S. governmental agencies and not for the general public.
Asbestos Risks
Asbestos exposure is the primary cause of mesothelioma. Asbestos fibers can become trapped in the body through inhalation or ingestion. Over the course of decades, these trapped fibers can cause inflammation, scarring and changes to the DNA of cells that can cause cancer.
In addition to mesothelioma, asbestos exposure can also cause a number of other asbestos-related diseases. These can include conditions such as asbestosis and COPD, as well as other forms of cancer.
Anyone with a history of asbestos exposure is advised to discuss this with their doctor. Your doctor may advise you to have regular mesothelioma screenings.
Asbestos Ban
In March 2024, the Biden administration finalized plans to ban chrysotile asbestos across the country. Companies are allowed up to 12 years to phase out the use of material during the manufacturing process.
Chrysotile asbestos is currently the main type of raw asbestos still imported into the U.S. It’s used mainly in the chloralkali industry in the production of chlorine. The new ban does not require the elimination of all types of asbestos.
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A trial has begun over BNSF Railway’s transporting of asbestos-contaminated vermiculite from mines in Libby, Montana that closed in 1990. Investor and businessman Warren Buffett’s Berkshire Hathaway Inc. purchased the railway in 2010. BNSF is accused of negligence and wrongful death.
The suit claims the railway is responsible for failing to control asbestos-contaminated dust from Libby vermiculite stored in a downtown railyard and then transported through the town to manufacturing plants across the country. BNSF denies any responsibility for asbestos contamination of Libby, according to court filings.
The estates of Thomas Wells and Joyce Walder filed a wrongful death lawsuit against BNSF in 2021. Both Wells and Walder were diagnosed with mesothelioma. The primary cause of mesothelioma is asbestos exposure.
Wells died in March 2020 and Walder died in October 2020. Both believed their asbestos exposure occurred while they were in the Libby area. Their suit is one of hundreds of lawsuits filed against BNSF Railway in connection to asbestos in Libby.
Arguments Over BNSF’s Responsibility
The railway claims its obligation to ship goods to customers exempts it from any liability. However, plaintiffs argue that vermiculite storage in the railyard means the company isn’t exempt.
The trial comes more than 20 years after federal authorities first responded to reports of asbestos-related diseases and deaths in Libby. Hundreds of people have died and 3,000 have been sickened according to health officials.
In a separate case, Montana’s Supreme Court ruled that BNSF and its predecessors were more involved in the mining process than just shipping vermiculite. The railway has settled previous lawsuits for undisclosed amounts. The next trial against BNSF over the death of a Libby resident is set to start in federal court in May 2024.
“At some point, probably everybody got exposed to it,” Paul Resch told the Associated Press about asbestos-tainted vermiculite in Libby. “There were piles of it along the railroad tracks, you would get clouds of dust blowing around downtown.”
Resch lived in Libby as a child. The 61 year-old noted he was diagnosed with an asbestos-related illness that severely scarred his left lung.
Libby’s History With Asbestos
Libby is the site of one of the worst human-caused environmental disasters in American history. The small town was once home to vermiculite ore mining said to have produced 80% of the world’s vermiculite. Both vermiculite and asbestos are naturally occurring minerals and when vermiculite is mined, it can become contaminated with asbestos.
W.R. Grace took over operation of the Libby mines in 1963 and was aware of the health risks at the time, but didn’t warn the public or workers. The company filed for bankruptcy in 2001 and established a $1.8 billion asbestos trust fund to settle future cases. The company also paid about $270 million to government agencies for environmental damages and cleanup.
The state of Montana was also found to be at fault for failing to warn Libby residents about asbestos exposure. It paid settlements totaling $68 million to about 2,000 plaintiffs.
In 2009 the U.S. Environmental Protection Agency declared Libby a superfund site. More than $600 million in federal funds was spent on decontamination efforts. The EPA even provided additional financial assistance to residents for health care costs. At least 1 in 10 people in Libby currently have an asbestos-related illness, according to the Center for Asbestos Related Disease. Exposure to asbestos can cause mesothelioma, asbestosis and a number of other cancers.
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Phil and Bernard Matthey’s wrongful death lawsuit against Johnson & Johnson has headed to trial. The suit claims the company is responsible for selling asbestos-contaminated baby powder that caused the death of the plaintiffs’ mother. Patricia Matthey died from ovarian cancer at the age of 72 In 2019. The Mattheys’ lawsuit notes their mother had used J&J’s talc-based product for most of her life.
Attorney for the plaintiffs, Lance Oliver, told the jury that Patricia Matthey applied baby powder to her body 41,000 times over the course of 50 years. He also told the jury that J&J continued selling the baby powder for decades despite knowing that the product can be hazardous to consumers’ health.
Oliver pointed to the U.S. Food and Drug Administration’s 2019 discovery of chrysotile asbestos in a batch of the company’s baby powder. J&J issued a recall at the time and eventually phased out its talc-based baby powder, switching to a cornstarch-based product.
“If J&J had simply been honest from the very beginning with what they knew about their product, then we would not be here today, and Pat Matthey and her family would not have gone through what they went through,” Oliver added.
Defense attorney Mort Dubin asked the jury to set aside their sympathy for the Matthey family and suggested claims that asbestos-contaminated talc causes ovarian cancer are based on flawed scientific studies. J&J claims its products underwent extensive safety tests.
“Despite decades and decades of studies – studies over and over looking at this question, no U.S. health authority has ever concluded that cosmetic talc causes ovarian cancer, in fact it’s exactly the contrary,” Dubin claimed during his opening statement.
J&J Trials and Asbestos Dangers
This is one of the first J&J trials in Florida concerning the link between cancer and talc products. It comes just one month after another Florida J&J talc trial ended in a mistrial. In that case, Bob Sugarman claimed the company’s talc products caused the death of his wife Marilyn Seskin, MD. He sought more than $14M in damages. The jury was unable to agree on a verdict.
These are nearly 54,000 talcum powder cases still awaiting trial against J&J. The lawsuits claim asbestos-contaminated talc in J&J’s products can cause mesothelioma, ovarian cancer and other asbestos-related diseases. Since the 1970s, asbestos has been detected in talcum powder according to a number of lab tests.
Asbestos exposure is the primary cause of mesothelioma. If inhaled the toxic mineral can become lodged in the body, resulting in inflammation, scarring or respiratory problems even many decades after initial exposure. No level of asbestos exposure is considered safe.
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Juan Namnun, an award-winning health and physical education teacher at Frankford High School in Philadelphia, was diagnosed with papillary carcinoma in 2022. His diagnosis led him to file a lawsuit against The School District of Philadelphia.
Papillary carcinoma is a rare type of breast cancer. Following his diagnosis, Namnum underwent a double mastectomy, reconstructive surgery and chemotherapy.
Namnum’s lawsuit claims his diagnosis is “a direct and proximate result of [his] repeated exposure to and inhalation of excessive amounts of asbestos fibers and dust at Frankford High school over a period of multiple decades.” He began working at the high school in 2001.
The lawsuit also alleges the school district covered up asbestos contamination at the high school. Thomas Bosworth, Namnun’s asbestos lawyer, contends the school district failed to inform students and staff about the risk of asbestos exposure at the school for several decades.
Bosworth points to federal reports that mention abatements at the school since 1989. The lawsuit also names asbestos manufacturers and several companies that conducted environmental testing as defendants.
“This is a systemic, long-standing issue that didn’t happen overnight,” Bosworth said. “I think that’s the most alarming part to me.”
He added, “The fact that those abatement activities have been going on for, what, now almost 40 years, proves that the school district has known this is a big problem. The elephant in the room here is that we’re talking about children. At the end of the day, schools are where kids go. It’s inexcusable in my view.”
Asbestos in Philadelphia Schools
Asbestos in Philadelphia schools has been a documented ongoing issue. Exposure to the toxic mineral is the primary cause of mesothelioma and is linked to a number of other cancers.
A trio of Philadelphia educators filed a lawsuit in August 2023 claiming their right to protest asbestos exposure was violated. The suit claims the School District of Philadelphia punished the teachers after a 2021 protest of occupational exposure.
In March 2023, the district discovered plaster in Building 21 of the North Philadelphia West Oak Lane neighborhood was falsely labeled “asbestos-free” since the 1990s. The district was forced to reassess asbestos exposure in several school buildings.
Plaster mislabeled “asbestos-free” was also found in Frankford High School where Namnum teaches and 9 other area schools. All 10 schools then switched to virtual learning while the buildings underwent asbestos abatement.
Philadelphia teacher Lea DiRusso settled a lawsuit against the district in 2020 for $850,000. DiRusso was diagnosed with an asbestos-related disease after nearly 30 years of teaching.The Asbestos Hazard Emergency Response Act requires school inspections for materials containing asbestos and management plans to reduce exposure risks. The AHERA report covering the 2018-2019 school term documented more than 100 asbestos sources inside one building alone within the Julia Reynolds Masterman Laboratory and Demonstration School in Philadelphia.
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Recent photos document what appears to be an unauthorized visit to a former asbestos mining town. The Facebook photos show Dale Hawkins exploring old mine shafts in Wittenoom, Australia where toxic blue asbestos was mined several decades ago. Hawkins claims the pictures were from a trip in 2021, before it was officially illegal to enter the town.
Hawkins’ first-person perspective images show ghost-town remains of the western Australia town about 880 miles north of Perth. The contamination was so severe, Wittenoom was removed from maps and road signs in an attempt to keep people away.
The Western Australian Department of Planning, Lands and Heritage says unauthorized visits to Wittenoom can lead to prosecution. The Wittenoom Closure Bill became law in March 2022.
Tourists have been warned to stay away from Wittenoom for years. More than 2,000 Wittenoom residents and former mine workers have died from mesothelioma. Asbestos is the primary cause of this malignant cancer.
The Australian agency released a statement that read in part: “If someone is found to be accessing or camping in areas they have been advised against, including the former mine, action can be taken by the Department. We cannot be any clearer, it is not safe to visit Wittenoom at any time due to asbestos contamination.”
Unauthorized Visit to Wittenoom
While Hawkins wore personal protective equipment during his exploration, Hawkins admits he thought the risk from being in the asbestos-contaminated town was low. While the risk of developing mesothelioma increases as the amount of exposure increases, there is no safe level of asbestos exposure.
“The biggest risk in my opinion was getting lost inside the mine,” Hawkins told ABC Radio Perth. “It goes extremely deep. It’s absolutely pitch black. There’s no reception out there and there are 4-way intersections, one after another, so getting disorientated is fairly easy, and absolutely no one is coming in to look for you.”
He uploaded his photos from Wittenoom to a mining-related Facebook page. Hawkins says when he saw the reactions to his photos online, that’s when he realized his visit was “extremely risky.”
Wittenoom’s Deadly History
There was a long history of asbestos mining in Australia. Widespread mining began in the west of the country in the 1930s following the discovery of crocidolite asbestos, also known as blue asbestos. The Wittenoom mine shipped more than 165,000 tons of crocidolite between 1943 to 1966.
Health concerns forced the government to begin shutting down the entire town in the 1970s. Wittenoom is known as the largest contaminated area in the southern hemisphere.
The Wittenoom Closure Bill gave the Australian government authority to remove all of Wittenoom’s remaining homes and infrastructure. Decontamination of the entire area, estimated to cost billions of dollars, wasn’t done.
Lorraine Kember, author and contributor to Asbestos.com, shared that her husband, Brian, spent a few months in Wittenoom as a child. Brian was diagnosed with pleural mesothelioma 45 years later. He died 2 years after his diagnosis at the age of 54.
Brian’s father, Vic, worked at the mine site. He also died of mesothelioma. Brian’s mother Dorrie passed away from lung cancer.
Experts fear many more people who worked in the Wittenoom mine are likely to develop mesothelioma or other asbestos-related diseases. In total, around 20,000 people lived in the town and were also enveloped in a haze of deadly asbestos dust.
The latency period of mesothelioma is 20 to 60 years. Symptoms may not present until decades after exposure.
Asbestos Poses Risk to Urban Explorers
Asbestos poses a serious health threat for urban explorers. People who enjoy visiting abandoned buildings as a hobby may have an increased risk of developing mesothelioma or other asbestos-related diseases.
Older buildings likely contain asbestos. With damage and degradation of building materials, they break down and release asbestos fibers. Asbestos particles are too small to be seen with the naked eye, so people may not realize they’ve been exposed. Even short-term asbestos exposure can result in inhaled fibers that can cause disease.
Urban explorers have consistently ignored warnings and advisories against visiting Wittenoom over the years. Each time these incidents become known, officials try to get the word out to steer clear of the former asbestos mining town. Melita Markey, chief executive of the Asbestos Diseases Society, told ABC Radio Perth that the pictures alarmed and saddened her.
“It just shows a total lack of understanding of the dangers of blue asbestos,” Markey said. “How minute the fibers are and how they can severely impact people 30 years from now.”
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Joining 50 other countries that have already banned asbestos, the United States is now banning chrysotile asbestos. The Biden administration has officially finalized the ban that follows decades of calls from survivors of asbestos-related diseases, medical professionals, veterans and first responders.
Chrysotile asbestos, also known as white asbestos, continues to be imported into the U.S., particularly for use in the chloralkali industry. Anticipating a ban, imports of asbestos rose dramatically in 2022 from 100 metric tons in all of 2021 to 114 metric tons in just the first 3 months of 2022, according to the U.S. International Trade Commission.
This new ban is the first of its kind in more than 30 years. The Environmental Protection Agency’s attempt to ban asbestos was overturned in 1989. The EPA tried again to ban asbestos in 2022, but the measure stalled. The 2022 proposal would have phased out chrysotile asbestos after 2 years.
Is This Ban Enough? Advocates and Experts React
This new ban is a significant step, but some asbestos-related disease experts and advocates feel it’s not strong enough. Companies will be given a phase-out period of up to 12 years, allowing them to continue using it in manufacturing during that time. Though chrysotile is the main type of asbestos currently imported and used in the U.S., this ban doesn’t explicitly ban all types of asbestos.
Dr. Raja Flores, chairman of the department of thoracic surgery for Mount Sinai Medical Center, told The Mesothelioma Center at Asbestos.com: “It’s a step in the right direction. They need to ban all forms of asbestos. The government can save more lives than I can if they just do the right thing.”
Agreeing with Dr. Flores, Patient Advocate and Registered Nurse Karen Selby of The Mesothelioma Center, added: “This is a major milestone and a good day to hear that asbestos has finally been banned in the US. This is a huge step towards ending potentially harmful diseases asbestos exposure can cause.”
Former U.S. Army Capt. Aaron Munz, director of the Veterans Department at The Mesothelioma Center, noted: “Asbestos-related diseases have disproportionately impacted veterans. The men and women who served in the military make up a significant proportion of those diagnosed with mesothelioma. Military service members were exposed to the deadly mineral in equipment, structures and vehicles while performing maintenance, working near burn pits and moving in and near damaged buildings in combat zones. While this ban doesn’t reverse the damage caused, it’s a step in the right direction to ensure that fewer Americans are exposed to asbestos fibers in the future.”
While acknowledging it’s a step in the right direction, Linda Reinstein, president, and founder of Asbestos Disease Awareness Organization, expressed her concerns to The New York Times, saying: “While closing the door to chrysotile imports is a historic step, the EPA rule does not restrict importation and use of five other recognized asbestos fibers. We are also alarmed that the rule allows an unnecessarily long transition period and creates inconsistent compliance deadlines for certain asbestos users that will enable dangerous exposure to chrysotile asbestos to continue for years to come.”
This new ban comes just one month after the ADAO teamed with the International Association of Fire Fighters for an anti-asbestos campaign pushing for a nationwide ban of asbestos. The organizations created a 120 foot high and 84 foot wide billboard in New York City’s Times Square that stood for 2 weeks. The message was able to make more than a million impressions every day.
The Dangers of Asbestos
Asbestos exposure is the primary cause of mesothelioma and has been linked to other forms of cancer and conditions such as asbestosis. Inhaled asbestos fibers can become trapped in the body, causing inflammation and scarring over decades, changing the DNA of cells and eventually presenting with serious symptoms.
Despite growing awareness of the health risks associated with asbestos, its use was widespread for many decades. Prized for its strength and heat resistance, the toxic mineral was used in roofing materials, textiles, cement, gaskets and automotive parts.
Occupational exposure is most common. However, mesothelioma survivors have also been exposed to asbestos in schools and from the use of consumer products such as home goods and toys.
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Massachusetts Attorney General Andrea Joy Campbell is imposing fines totaling $825,000 against several companies for improper handling, disposal and removal of materials containing asbestos. Since 2016, the AG’s Office has imposed more than $7.7 million in civil penalties.
Among those included in recent consent judgments are the Pilgrim Nuclear Power Station in Plymouth, a redevelopment site in Lowell and a residential development project in the Mission Hill neighborhood of the City of Boston. The Worcester County Sheriff’s Office also found itself the subject of an AGO case over requiring employees to demolish asbestos-containing flooring at the Worcester County Jail and House of Corrections.
Employees had been required to remove the asbestos products without following the Massachusetts Department of Environmental Protection’s asbestos regulations. The Sheriff’s office is now required to implement a comprehensive asbestos management plan, conduct an audit to identify any additional asbestos in the facility, establish an asbestos code of conduct and provide confidential medical examinations to those potentially exposed to asbestos. If the Sheriff’s office fails to comply, a fine of $125,000 will be imposed.
In February, the AG also filed a lawsuit against Holtec Decommissioning International for a number of violations in connection with the company’s mishandling of asbestos-contaminated debris following the demolition of a nuclear power plant in Plymouth. According to the complaint, Holtec left the asbestos materials in ripped garbage bags on top of open dumpsters in the work area and in a shed, violating state regulations.
Asbestos Safety Initiative
Attorney General Campbell launched “Healthy Buildings, Healthy Air” in 2017, and asbestos safety is a priority of the initiative. The AGO partners with state education, labor and environmental agencies to raise awareness about asbestos and enforce safe asbestos management to ensure public safety.
“Asbestos is a significant threat to our residents’ health and environment,” Attorney General Andrea Joy Campbell said. “Those that fail to follow the law when it comes to the handling and disposal of it put everyone — workers, residents, and the public — at risk. My office will continue to hold these bad actors accountable.”
Commissioner Bonnie Heiple of the Massachusetts Department of Environmental Protection added, “Asbestos regulations are in place to protect the public and can neither be ignored nor taken lightly. It is vital that companies and individuals properly identify and remove asbestos materials before beginning any renovation project. As these cases demonstrate, failure to follow the rules will result in significant penalties, as well as escalated cleanup and decontamination costs.”
Asbestos Products and Exposure Risks
For decades asbestos was widely used as a building material in floor tiles, cement, adhesives, sealants, paint, reinforced plastics and roofing materials. Older homes and schools built before the 1980s likely pose a risk of asbestos exposure.
During construction, renovation or demolition projects, asbestos can be disturbed, posing a danger of inhalation and the risk of developing an asbestos-related disease. Only a licensed asbestos abatement company should handle asbestos removal. These experts will test for asbestos and follow strict regulations and guidelines. Professionals will also have the proper equipment to remove and handle asbestos in the safest way possible, reducing the risk of exposure and illness.
Asbestos-related diseases such as mesothelioma have a long latency period and symptoms may not present until decades after the exposure took place. Asbestos is still the leading cause of work-related deaths worldwide.
While asbestos has been banned in some countries, there still is no asbestos ban in the U.S. Its use has been phased out of most products, but there are still asbestos-containing products imported into the country that contain asbestos, according to the EPA and reported in the U.S. Geological Survey’s Mineral Commodity Summaries, January 2024.
Known Asbestos-Containing Imports as of 2020
- Brake blocks: Used in the oil industry.
- Friction products: Used in some vehicles.
- Preformed gaskets: Used in the exhaust system of a specific type of utility vehicle.
- Rubber sheets: Used for gasket fabrication, primarily to create a chemical containment seal in the production of titanium dioxide.
The Geological Survey reports: “Domestic consumption of chrysotile was estimated to be 150 tons in 2023; all consumption was from stockpiles, as no chrysotile was imported based on data available through September. The chloralkali industry, which uses chrysotile in nonreactive semipermeable diaphragms that prevent chlorine generated at the anode of an electrolytic cell from reacting with sodium hydroxide generated at the cathode, has accounted for 100% of U.S. asbestos fiber consumption since no later than 2015.”While in the first 9 months of 2023, the chloralkali industry didn’t report any imports in just the first 3 months of 2022, the industry imported 114 metric tons of raw asbestos. The dramatic rise in imports in 2022 left stockpiles that were used in 2023. According to The Geological Survey, asbestos diaphragms were used in 8 chloralkali plants in the U.S. in 2023. Of the 8 plants currently using asbestos, 3 are reportedly transitioning to alternative materials.
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VA health care benefits are now available to millions more veterans in one of the largest expansions of coverage in the U.S. The inclusion of significantly more veterans compared to past bills comes at the direction of President Joe Biden.
Veterans Who Now Qualify
- Veterans of the Vietnam War, the Gulf War, Iraq, Afghanistan, the Global War on Terror or any other combat zone after 9/11.
- Service members who were exposed to any toxins or other hazards during service at home or abroad.
- Those who were never deployed but were exposed while training or on active duty in the U.S.
Benefits cover exposure to asbestos and a variety of other potential hazards veterans may have encountered while serving our country. Asbestos is the primary cause of malignant mesothelioma, a rare and aggressive cancer.
United States Under Secretary of Veterans Affairs for Health Dr. Shereef Elnahal said: “We can also care for veterans who never deployed but were exposed to toxins or hazards while training or on active duty here at home while working with chemicals, pesticides, lead, asbestos, certain paints, nuclear weapons, x-rays and more. We want to bring all of these veterans to VA for the care they’ve earned and deserve.”
More Veterans Will Receive Benefits Sooner
This revision means veterans with mesothelioma or other asbestos-related diseases, as well as all other eligible service members, can now enroll in health care benefits several years earlier than they would have following the Honoring Our PACT Act of 2022. Elnahal noted, “We’re making millions of Veterans eligible for VA health care years earlier than called for by the PACT Act.”
The Camp Lejeune Justice Act of 2022, for example, is part of the broader PACT Act. It allows veterans and their families who were exposed to contaminated drinking water at the North Carolina Marine Corps Base to file lawsuits against the U.S. Government. Since the PACT Act was signed into law in August 2022, more than half a million Veterans have signed up for health care benefits through the VA.
The new Veterans Health Administration change means all eligible veterans can enroll directly into VA health care as of March 5, 2024. This is separate, however, from procedures with the Veterans Benefits Administration.
Veterans will get access to health care more easily now, but will still file claims for disability benefits for a disease or injury incurred during service or resulting from toxic exposures such as asbestos. If a veteran is diagnosed with an asbestos-related illness, the VA-accredited claims agents at The Mesothelioma Center will help them put together their evidence to qualify for VA disability benefits from the Veterans Benefits Administration.
Increase in Asbestos-Related Disease Screenings
With the expansion of benefits, more veterans will have access to screening tests for asbestos-related diseases. Early detection through mesothelioma screenings can help ensure people have more treatment options and better outcomes.
“This is significant for Veterans exposed to toxins over decades of service,” former U.S. Army Captain and director of the Veterans Department at The Mesothelioma Center Aaron Munz noted. “Veterans were exposed to asbestos at a significantly higher rate than civilian sectors. Asbestos was used in the U.S. and around the world, during training, peacekeeping and combat operations.”
A number of military occupations involved the use of asbestos. About 30% of mesothelioma legal cases involve veterans exposed during their service.
Aaron urges veterans who served and are not enrolled with the VHA to take advantage of this new opportunity. He feels this is an important game-changer.
“The fact that veterans can now receive medical screenings for asbestos exposure, lung diseases and cancers should help thousands of veterans who were previously denied VA health care,” Aaron adds. “Some were previously denied because they didn’t enroll in the Veterans Health Administration after service, were not combat veterans or had civilian insurance or employment that made them ineligible because of the income limits for the VHA. The new expansion now changes that for so many who served.”
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Bob Sugarman sued Johnson & Johnson, claiming the company’s talc products caused the death of his wife, Marilyn Seskin, MD. The case has ended in a mistrial after the jury was unable to agree on a verdict.
The jury note the judge read aloud in court stated: “We are hopelessly deadlocked with absolutely, positively no way to resolve it.”
The closely watched trial was held in Florida’s Circuit Court for the 11th Judicial Circuit in Miami-Dade County. It was the first talc powder trial against J&J in 3 years after litigation had been paused during the company’s failed bankruptcy proceedings.
Sugarman was seeking $14M in compensatory damages and more in punitive damages. A trial date has been rescheduled for later this month.
Dr. Marilyn Seskin Leaves Legacy of Cancer Research
Marilyn Seskin, MD, was a retired anesthesiologist who loved cycling, hiking and scuba diving. She died of ovarian cancer in 2019, which her husband’s wrongful death lawsuit claimed was the result of J&J’s talc-based products.
According to a University of Miami Medicine tribute to Dr. Seskin, she bequeathed $1.2M to the university to further cancer research. Her gift will help fund clinical trials and work to end treatment disparities for minority women.
The tribute stated: “Dr. Seskin’s bequest will support the Dr. Marilyn Seskin Gynecologic Oncology Clinic at Sylvester. A fund in her name, the Dr. Marilyn Seskin Gynecologic Cancer Research Fund, has already received more than $62,000 in additional contributions made in her honor by friends and family.”
Sugarman had said of his wife in the University’s profile, “Marilyn tried to use her medical training to find the source of her illness. She believed there was an answer to every question, and there was a source of every illness. You just had to do the research, from basic science and up, to find the answers.”
More Than 50K J&J Talc Cases Still Await Trial
Reuters’s exposé in 2018 revealed J&J knew of asbestos contamination of its talc products, as well as the health risks associated with asbestos exposure. The company never alerted the proper authorities.
Tests from various labs found the presence of asbestos in the company’s talc as early as the 1970s and as late as the 2000s. U.S. Food & Drug officials found asbestos in one of J&J’s talc products in 2019, touching off a massive recall.
Almost 54,000 lawsuits related to talcum powder are currently awaiting trial in New Jersey in multidistrict litigation. Lawsuits claim ovarian cancer, mesothelioma and other asbestos-related diseases were the result of using asbestos-contaminated talc.
Following the hung jury in Sugarman’s case, reportedly J&J issued a statement claiming its baby powder “is safe, does not contain asbestos and does not cause cancer.” The company maintains its talc products are safe, but has replaced talc in its products with cornstarch.
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The Florida Senate voted to approve Republican Senator Travis Hutson’s proposed SB 720 requiring courts to dismiss asbestos claims without a completed information form. The bill’s next stop is the Florida House of Representatives.
If the House approves the measure, it would then go before the governor. If signed into law, those with asbestos-related diseases will have to provide more extensive information when filing a lawsuit.
SB 720 has the backing of businesses. Lobbying groups including the U.S. Chamber of Commerce and the Florida Insurance Council also support the measure.
However, veterans groups and advocates for mesothelioma survivors and their families have raised concerns about what they see as a problematic procedural hurdle. They note this will make it more challenging to seek justice and compensation for medical expenses.
Amending the Asbestos and Silica Compensation Act
Hutson’s measure is an amendment to the 2005 Asbestos and Silica Compensation Act. SB 270 requires claimants to complete a form with details about their smoking history and witnesses to their silica or asbestos exposure.
Additionally, the name, address, date of birth and marital status of witnesses who will testify about the plaintiff’s exposure must be included. SB 270 would apply to all asbestos and silica claims filed in Florida on or after July 1, 2024.
Republican Representative Robert Brackett proposed a similar bill in the Florida House of Representatives. HB 1367 is on hold, but is expected to be heard soon.
The house measure would require all plaintiffs to include a written report of their exposure, noting a specific type of asbestos or silica product responsible. If approved, this bill would also take effect on July 1, 2024.
Legal experts familiar with asbestos lawsuits suggest the push for these bills underscore the importance of working with an experienced mesothelioma lawyer. Familiarity with state laws and the complexities of compiling documentation is critical in navigating the legislative and litigation landscape.
Dangers of Asbestos and Silica
Asbestos is a mineral made of microscopic fibers. These fibers can be inhaled or ingested, becoming trapped in the lungs and causing inflammation, scarring or cancer.
Asbestos exposure is the primary cause of mesothelioma. It’s also associated with laryngeal cancer, lung cancer and ovarian cancer.
Asbestos was widely used in asbestos products including construction materials, brakes and gaskets through the 1980s. The mineral was valued for its ability to handle extreme heat.
Silica dust is also considered toxic and if inhaled. Exposure often occurs when workers cut or install quartz countertops.
Breathing in silica dust can cause silicosis. The disease includes fatigue, persistent cough and shortness of breath.
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The Government Accountability Office reports 66.7% of all U.S. federal buildings miss their routine 5-year asbestos inspections and 52% haven’t been inspected in more than 10 years. The General Services Administration requires all federal buildings built before 1998 be inspected for asbestos at least once every 5 years.
GSA blames a lack of funding, staff shortages, database limitations and incomplete records for the lack of recent asbestos checks. The agency is requesting $500,000 for the fiscal year 2024 to fund inspections. It’s also considering changing the inspection rule from every 5 years to every 10 years.
The GAO recommends the completion of asbestos inspections and updating of policies to resolve the backlog. The GSA says it’s creating a plan of action, but also expressed uncertainty about whether or not asbestos contamination is a problem in federal offices. Because of the growth of hybrid work, Congress is asking the GSA to sell buildings no longer in use.
The GAO report reads in part: “In the aftermath of the COVID-19 pandemic, federal agencies, including GSA, expect to decrease the amount of leased and owned space across the federal portfolio because of personnel who will continue to telework. This may result in a greater need to dispose of unneeded federal real estate, making it even more important to find ways to efficiently dispose of federal real property.”
Asbestos and Aging Buildings
The GAO’s report notes aging buildings may be hard to sell if regular inspections for asbestos aren’t taking place. The agency points to past examples of asbestos lowering the value of government property for sale.
The GSA could be held legally liable for cleanup costs before selling the buildings. For the fiscal year of 2023, the GSA estimated $1.6 billion of its total $2 billion of unfunded environmental liabilities were asbestos-related. In total there are more than 8,000 properties in GSA’s care, including border inspection stations, courthouses, office buildings and post offices.
The average federal building is about 50 years old. Older structures built before the 1980s often contain asbestos products and materials. Asbestos was frequently added to construction materials such as insulation, floor tiles and cement sheets and to make them stronger.
Asbestos Dangers
Asbestos is a naturally occurring mineral. If asbestos fibers are inhaled or ingested, asbestos can become trapped in the body, causing asbestos-related diseases. Asbestos is the primary cause of malignant mesothelioma.
An aggressive cancer, there isn’t a mesothelioma cure yet. While the prognosis for mesothelioma is typically poor, recent advances have improved survival. Some patients have lived more than 10 years after their initial diagnosis.
The presence of asbestos in products has led to thousands of mesothelioma lawsuits. People exposed to asbestos have also filed claims with asbestos trust funds. Veterans exposed to asbestos during their time in the military can also file claims for VA benefits.
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An Iowa school district is facing thousands of dollars in fines for having employees work inside an asbestos-contaminated building. Newly released state records show the Iowa Occupational Safety and Health Administration fined the North Linn Community School District $70,000. The Iowa Department of Natural Resources also fined the district an additional $6,000.
The records show the incident happened during renovations at a middle and high school complex in August 2022 near Coggon Iowa, about 30 miles north of Cedar Rapids. A worker found asbestos under the floor tile when preparing to install new carpeting. Instead of having the asbestos removed, OSHA records show the school district did nothing.
A worker used a floor buffer to remove old glue from the floor. That’s when another worker noted the buffing could propel dangerous asbestos fibers into the air. Soon after, someone alerted the Iowa Department of Natural Resources.
Tests confirm the room was contaminated with asbestos. There was also widespread asbestos contamination in several other rooms.
“Employees were potentially exposed to asbestos fibers in the air when performing daily tasks,” according to Iowa OSHA documents the Iowa Capital Dispatch obtained.
Asbestos Contamination
Following the contamination, at least 10 people working on the renovation project signed a waiver of liability to continue working which read: “I understand the Iowa Department of Natural Resources is recommending I do not work in this area due to the possibility of contaminated air with asbestos fibers. I am choosing to disregard the recommendation and continue working.”
At least 10 others didn’t sign waivers and may not have been aware of the asbestos contamination according to the DNR. OSHA believes around 20 school employees may have been exposed to asbestos. The agency later called the exposure “limited.”
One day after the contamination, asbestos investigators with the DNR evacuated and locked the building, then the school district hired a company to fully remove the asbestos. About 2 weeks later classes resumed at the school.
Renovation Companies Fined
OSHA records show that both companies behind the renovation work at the school were also fined. OSHA originally fined Tricon General Construction and SitelogIQ each about $99,000. The companies appealed and wound up paying $10,000 each. The DNR also fined SitelogIQ for $6,000 and Tricon for $3,000.
In addition to paying the fine, the North Linn Community School District also agreed to comply with asbestos rules in the future. The district never admitted fault and denied it had “any responsibility or obligations relating to the renovations project relative to the alleged violations.”
Asbestos in Schools
Asbestos exposure in schools has been an issue for many years. About 50% of schools in the U.S. constructed between 1950 and 1969 contain asbestos. The material was popular for its resistance to fire and high durability, but its use began to be phased out in the 1980s.
Recently, 3 educators filed a federal lawsuit against the School District of Philadelphia over the right to protest asbestos hazards in classrooms. The educators held a protest after asbestos,the primary cause of mesothelioma, was discovered at 11 Philadelphia schools. In total 6 Philadelphia area schools were forced to temporarily close in 2023 because of asbestos. In addition to causing mesothelioma, breathing in asbestos fibers can also cause lung cancer, asbestosis and other asbestos-related diseases. The fibers can become trapped in the lungs and cause scarring, inflammation and respiratory issues later in life. Some symptoms of asbestos-related diseases may not even become evident until 20 to 60 years after exposure.
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Imerys Talc America, Inc. and the company’s former owner, Cyprus Mines Corporation, will create a collective $862 million dollar trust. The goal is for the trust to settle personal injury claims alleging their asbestos-contaminated talc caused plaintiffs’ cancer.
This comes after both groups filed reorganization plans and disclosure statements on January 31, 2024 in The U.S. District Court for the District of Delaware. Both companies filed for bankruptcy protection in hopes of continuing business through a reorganization plan.
Facing more than 14,600 lawsuits, Imerys filed for bankruptcy in 2019. The majority of the lawsuits against the multinational company allege its talc was contaminated with asbestos, causing mesothelioma, ovarian cancer and other serious health complications.
Cyprus Mines filed for Chapter 11 in February 2021. Cyprus Mines’ case is being administered as “related to” the Imerys bankruptcy case. This is because the company filed its Chapter 11 petition as a condition to a global settlement of talc lawsuits with Imerys and its insurers.
Imerys spokespeople say: “There will be substantially more assets available to resolve talc personal injury claims under the plan than would be the case if there were a chapter 7 liquidation.”
A hearing is scheduled for March 14, 2024. Approval of its disclosure statements will be considered.
Johnson & Johnson Connection
Imerys is a leading supplier, responsible for around 15% of the world’s talc. The company is a former talc supplier for Johnson & Johnson. It’s a recurring asbestos defendant alongside J&J.
Johnson’s Baby Powder and Shower to Shower products used Imerys-supplied talcum powder. The company currently faces around 51,000 cancer lawsuits.
J&J has lost a number of multimillion-dollar lawsuits. Plaintiffs in the cases claim talc in its products was contaminated with asbestos, causing mesothelioma and ovarian cancer.
In April 2023, J&J proposed its own $8.9 billion trust fund to settle its talc lawsuits. The company is now considering a third attempt at filing for bankruptcy protection after the courts denied its first 2 attempts.
Court documents show J&J was aware its popular Johnson’s Baby Powder product was contaminated with asbestos in the 1950s. The company stopped selling talc products in 2023. Its baby powder is now cornstarch-based.
Asbestos & Talcum Powder
Asbestos and talc are naturally occurring minerals found close together in the earth. During the mining process, talc can become contaminated with asbestos.
The World Health Organization’s International Agency for Research on Cancer, considers asbestos-contaminated talc carcinogenic to humans. IARC notes talc contaminated with asbestos can cause mesothelioma and other asbestos-related illnesses like asbestosis.
Mesothelioma typically has a long latency period of 20 to 60 years. So those exposed to the toxic mineral may not present with symptoms for decades.Talc deposits usually contain tremolite or anthophyllite asbestos, which are the most toxic types. Even pure, uncontaminated talc may lead to health problems. Talc dust can irritate the respiratory system and can cause lung problems, coughs, chest pain, shortness of breath and death.
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Dr. Rodney Landreneau is joining the renowned Thoracic Surgical Program at Tampa General Hospital. He spent decades caring for patients with pleural mesothelioma and lung cancer patients in Western Pennsylvania at the University of Pittsburgh and Penn Highlands Healthcare. He’s now moved more than 1,000 miles to help augment Tampa General Hospital Cancer Institute’s successful patient care.
Landreneau has nearly 40 years of experience treating malignant pleural mesothelioma and lung cancer, as well as benign and malignant diseases of the esophagus. An internationally recognized scientific investigator in the treatment of thoracic malignant conditions, he’s been a major contributor to key National Cancer Institute clinical trials.
“My recruitment to the Region by TGH was to further enhance the treatment opportunities for patients of the Gulf South, the Carolinas, and Florida experiencing these thoracic cancers,” Landreneau told The Mesothelioma Center at Asbestos.com.
Plans for TGH Cancer Institute
Landreneau joins Dr. K. Eric Sommers, director of thoracic oncology at TGH Cancer institute, and Dr. Jonathan Daniel. Both Sommers and Daniel have extensive experience in treating complex lung cancer, esophageal cancer and mesothelioma. Inclusion of Landreneau establishes TGH Cancer Institute as one of the most experienced thoracic surgical oncology programs in the Southeast U.S.
The Thoracic Surgical Oncologic Team, Gynecologic Surgical Oncologists Drs. Tom Rutherford and Matthew Anderson and General Surgical Oncologists Drs. Timothy Nywening and Andreas KaraChristos have joined together to establish a new multidisciplinary Pleural & Peritoneal Surface Malignancy Program. TGH’s is the only program of its kind in Florida and the Eastern U.S.
The team will focus on surgical removal of all visible tumor in the abdomen from ovarian or abdominal carcinomatosis and intrathoracic tumor from mesothelioma or metastatic cancer combined with hyperthermic intracavitary regional chemotherapy (HIPEC). This will provide opportunities for patients not seen elsewhere in the Southeast.
“We will be providing a highly coordinated multidisciplinary care opportunity through the TGH Cancer Institute second to none for patients with these malignancies,” Landreneau shared.
Tampa General Hospital is also working on important research that may lead to potential breakthroughs that could one day change how mesothelioma care is handled. The program is also collaborating with the University of Pittsburgh and Baylor College of Medicine in Houston.
“The Tampa General Hospital’s Cancer Institute’s biorepository and basic science program is exploring the molecular biology of mesothelioma and aiming at innovative therapies,” Landreneau said.
Need for Focused Cancer Care in FL and the Southeast
Landreneau believes that as people who worked in industries with histories of asbestos exposure retire to Florida and the Southeast, the region will see increasing numbers of mesothelioma and asbestos-related lung disease in the region. This will increase the need for the pioneering treatment program at TGH.
“I think that Tampa Bay area is a giant, vibrant, growing community with many people unfortunately at risk for developing lung cancer and mesothelioma from their past occupational and paraoccupational exposures to asbestos,” Landreneau noted.
Symptoms of mesothelioma typically don’t present until decades after being exposed to asbestos as a result of the mesothelioma latency period. Landreneau added, “Asbestos fibers can become trapped inside of the body and eventually cause inflammation, scarring of the lungs and lung lining, and the abdominal organ lining, DNA damage and the development of lung cancer and pleural and peritoneal cancers years later.”
Dr. Landreneau’s Background
Landreneau is a native of Louisiana and graduated with a medical degree from LSU Medical Center in New Orleans. He completed his general surgical training at the University of Texas-Southwestern Medical School in Dallas, Texas. His cardiothoracic surgery and thoracic oncologic surgical training was at the University of Michigan – Ann Arbor.
Before recently joining Tampa General Hospital, Landreneau was a tenured professor of surgery in the Department of Cardiothoracic Surgery at the University of Pittsburgh Medical Center for more than 20 years. Most recently he served as the director of thoracic surgery at Penn Highlands Healthcare, a large central Pennsylvania Healthcare system.
Previously, he served as the medical director of The Gayle and Tom Benson Cancer at Ochsner Medical Center in New Orleans, Louisiana. At Ochsner Medical Center Landreneau performed Louisiana’s first surgical debulking of pleural mesothelioma coupled with HIPEC for patients with malignant mesothelioma.
Landreneau is also a member of many prestigious surgical and cancer related societies.
- American Surgical Association
- The Society of Clinical Oncology
- The Society of Thoracic Surgery
- The Society of Surgical Oncology
- The Society of University Surgeons
- American Association for Thoracic Surgery
He is the author of more than 400 peer-reviewed medical articles. Landreneau is also the editor of 7 thoracic surgical textbooks relating to the care of lung cancer, mesothelioma and esophageal cancer.
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ADI-PEG20 or pegargiminase is being hailed as the first drug of its kind to be incorporated successfully with chemotherapy in 20 years. Researchers say this new drug could bring hope to thousands of mesothelioma survivors and their families.
The drug blocks the cancer’s food supply, ensuring the disease can’t spread. It prevents cancer cells from absorbing the amino acid arginine from the bloodstream. Arginine helps the body build protein.
Mesothelioma cells are deficient in a protein called ASS1, which allows cells to create their own arginine. If the cancer cells can’t get arginine from blood, their ability to grow and expand is hindered.
“It’s truly wonderful to see the research into the arginine starvation of cancer cells come to fruition,” said lead researcher Dr. Peter Szlosarek, a professor at Queen Mary’s Barts Cancer Institute in London. “This discovery is something I have been driving from its earliest stages in the lab”.
Breakthrough Clinical Trial
This discovery follows a Queen Mary University of London-led trial in 5 countries. Patients from Australia, Italy, Taiwan, U.K. and the U.S. took part in the trial, which took place between 2017 and 2021. Each patient received chemotherapy every 3 weeks for up to 6 cycles.
The final analysis included 249 pleural mesothelioma patients. During the trial, 50% of patients were also given injections of ADI-PEG20, while the other 50% received a placebo for 2 years. Results show ADI-PEG20 quadrupled 3-year survival rates.
Those who received ADI-PEG20 and chemotherapy survived for an average of 9.3 months. Patients who received the placebo and chemotherapy survived an average of 7.7 months.
Researchers say that ADI-PEG20 plus chemotherapy significantly increased the median overall survival 1.6 months. The combo also quadrupled the survival at 36 months compared to placebo plus chemo.
They also noted that ADI-PEG20-based chemotherapy was well tolerated with no indication of any safety issues. The results of the trial are being published in the journal JAMA Oncology.
Potential to Change Lives
One of the men involved in the trial is a factory worker named Mick. He was exposed to asbestos in the 1970s while working in a boiler room. Soon after becoming sick in 2018, Mick was diagnosed with malignant mesothelioma and given only 4 months to live. He’s been involved in the trial for 2 years.
“I’d have two injections of the new treatment — one in each arm. I didn’t have any serious side effects,” Mick says. “I met many of the other people on the trial. Over time, some of them disappeared. But I kept going.”
More than 2 years after taking part in the trial, Mick’s mesothelioma returned and he received a second round of treatment that included immunotherapy. His cancer is now under control and he recently celebrated his 80th birthday.
“This trial has changed the lives of people with mesothelioma, allowing us to live longer,” Mick shared. “I have 5 grandchildren and 2 great-grandchildren now. I wouldn’t want to miss all that.”
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