Month: September 2011

Today is National Mesothelioma Awareness Day.  Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos.  It is fitting that there be a day set aside to focus on this devastating disease for which there is no cure.  I hope this day increases awareness of mesothelioma and ultimately leads to a cure.

The Mesothelioma Awareness Project

 

Around the country people will be participating in various activities today to help raise awareness about mesothelioma.  People will partake in charity walks and fundraising events to bring local and national media coverage to this uncommon cancer.  The goal of this day is to bring much-needed attention to this devastating and incurable disease.

The Mesothelioma Awareness Project started in 2004, and this will be its eighth consecutive year.  The project began with a small group of volunteers and has gained momentum and drawn more attention every year.  This year, it is expected that nearly 1,000 people will organize fundraising and awareness events.  We hope this year will be the most successful to date.

Why Raise Awareness and Support for Mesothelioma Research

Many of us know someone who has been diagnosed with cancer, but few hear of someone diagnosed with mesothelioma.

Although mesothelioma is considered a rare disease, I have represented hundreds of people across the country who have been devastated by this aggressive and hard-to-treat cancer.  After representing many mesothelioma clients over the years, raising awareness and supporting research efforts to find a cure for mesothelioma have become important and deeply personal life missions for me.

Mesothelioma awareness has increased tremendously over years; however, there is much more that we must do to ensure that future mesothelioma victims receive the best care possible as we search for a cure for this cancer.  This special day is a step in that direction.

I have been helping clients suffering with mesothelioma for over 30 years.  In my years of experience, I have seen many great strides in the medical field to help patients who are suffering from this terrible disease.  But we still have a long way to go in finding new and more effective treatments and someday a cure for this devastating disease.  Mesothelioma patients look for hope from any and every direction.  I was very happy to recently read that help was is coming from a new direction in the form of recently enacted legislation aimed at encouraging companies to develop drugs for diseases like mesothelioma.

Mesothelioma is a rare cancer.  It is estimated that 2,000 to 3,000 people in the United States are diagnosed with mesothelioma each year.  As a result, mesothelioma has been classified as a rare disease or “orphan disease.”

Diabetes, heart disease, Alzheimer’s, and others affect hundreds of thousands of people each year in the United States.  Researchers and drug developers lean toward producing drugs for this larger demographic.  However, Congress, through legislation, has been trying to create incentives for the development and design of orphan drugs that aim to help treat rare diseases like mesothelioma.

The Act

Currently, the Preserving Access to Orphan Drugs Act of 2011 is pending in the U.S. Congress.  This Act attempts to modify the Patient Protection and Affordable Care Act that will help exempt orphan drugs from annual fees of branded prescription drug sales.

Congress has made other similar efforts in the past with the Orphan Drug Act of 1983 and the Rare Disease Act of 2002.  The Orphan Drug Act of 1983 aimed to encourage pharmaceutical companies to develop drugs for rare diseases and the smaller market by offering tax incentives and allowing companies to sell their drugs without competition for several years.  The Rare Disease Act also helped to provide more funding for treatment efforts of rare diseases.

Support for Mesothelioma

Government plays an essential role in providing incentives to funnel great minds and talent to worthy efforts such as the treatment of mesothelioma.  From my first lawsuit in 1978, I have traveled across the United States meeting with scientists, medical experts, clinical researchers, and healthcare providers, and I have had the honor of visiting some of our top mesothelioma research and treatment facilities.  The people that I have met and the institutions that I have visited are evidence that public and private support has been successful in bringing some of our finest resources around the goal of someday finding a cure for mesothelioma. I am confident that these new incentives will lead to more effective drugs that can be used in the treatment of mesothelioma and other rare diseases.

I am always in awe when I stand beneath the bow of a United States Navy vessel whether it’s an aircraft carrier, destroyer, submarine or auxiliary vessel.  These ships take on an identity and personality all their own.  When they are decommissioned, scrapped or sunk, sailors as well as many civilians grieve just like they would the loss of an old friend.  But some Navy ships live on in a new way.

USS Radford Becomes Artificial Reef

Last August, the USS Arthur Radford (DD-968) became the largest vessel to become part of an artificial reef in the Atlantic Ocean.  After 25 years of service in the US Navy, this ship was sunk off the coast of New Jersey and Delaware.

The Radford, however, is not the largest US Navy vessel to be sunk for use as an artificial reef.  That honor goes to the USS Oriskany (CV-34) which sits off the coast of Florida in the Gulf of Mexico.  But while the USS Radford may not be the largest vessel used as an artificial reef, it was the cleanest ship to be reefed—especially when compared to the USS Oriskany.

Asbestos One of the Hazardous Materials on USS Oriskany

Clean up for the USS Oriskany cost $20 million due to the extensive efforts and work that had to be done before the vessel could be approved by the Environmental Protection Agency to become a reef.  The USS Oriskany was built in 1945 when literally tons of asbestos was used, as well as PCB’s and other hazardous materials.

From the 1930s until the mid 1970s, asbestos was the primary source of insulation used on Navy Ships.  Asbestos was used in pads, felt, cloths, cement, block, pipe covering, tape, thread, gaskets, and packing.  During construction of a Navy vessel, massive amounts of asbestos would be used to insulate the piping and machinery in the machinery spaces as well as throughout the ship.

Although the asbestos was removed before the USS Oriskany was committed to its new life as an artificial reef, the sailors who served on this ship for many decades were exposed to the asbestos every day putting them an extremely high risk of developing an asbestos-related disease.

Asbestos Insulation and Navy Seamen

The sailors who worked in the engine rooms of the USS Oriskany were responsible for the repair and maintenance of the machinery and equipment that utilized asbestos insulation.  Routine repair work caused asbestos dust to be released and breathed, not only by the seamen who worked in the engine rooms, but by all the sailors as the asbestos dust was carried throughout the ship on their clothes.  The sailors were unaware of the dangerous nature of the asbestos dust and the fact that it could lead to an asbestos related cancer.  And they were never warned by the companies who sold these dangerous products even though they were aware of the danger.  Today these seamen remain at a very high risk of contracting mesothelioma, a cancer caused by asbestos.

Because these companies failed to warn against the dangers of asbestos, seamen who have contracted mesothelioma can take legal action against these companies and receive the compensation they deserve for their suffering.

Over the past three decades I have represented thousands of Pearl Harbor Naval Shipyard workers suffering from asbestos related diseases, including mesothelioma.  They were exposed to asbestos dust as Navy ships were overhauled and repaired at Pearl Harbor from before World War II right up until the mid 1970’s and even into the 1980’s.  Over these many years, I have learned much from my clients about the maintenance and repair of ships at Pearl Harbor Naval Shipyard. I am always interested and take great pride to read about the ongoing work at this shipyard which is still one of the greatest shipyards in the United States.  Pearl Harbor has been repairing and maintaining the Navy’s fleet since 1908 and always stands ready to do whatever is necessary to support the Navy.

Even today the shipyard demonstrates its “Can do” attitude.  I recently read about repairs to two deployed ships, the USS Gridley (DDG-101) and the USS Stockdale (DDG-106), being completed at Pearl Harbor earlier this summer.  Manager Larry Doong of the shipyard’s Industry Management Department succinctly summed up Pearl Harbor’s commitment to the Navy:  “If they have the opportunity to get fixed, we will jump on that chance to help them.  We do whatever we can to support ships for deployment.”  It is this attitude and the shipyard’s strategic location that has made it invaluable to the Navy for many decades.

These shipyard workers have been essential to keeping the US Pacific Fleet operational and mission ready– whether during World War II, Korea, the Vietnam conflict, or peace time.  But these workers are often the unsung heroes for not everyone knows the perils they faced as they carried out their work.  These shipyard heroes unfortunately were exposed to deadly asbestos dust as they maintained and repaired the Navy’s fighting fleet for war, and many of them contracted asbestos-related diseases as a result.

Asbestos and Shipyard Workers

Shipyard workers around the country were responsible for the construction, repair and overhaul of battleships, destroyers, cruisers, aircraft carriers, submarines, auxiliary crafts, and many other types of vessels.  Workers worked both aboard the ships and in the shipyard shops.  The work was often performed in very confined spaces and many trades worked side-by-side in repairing equipment on the ships.  Literally tons of asbestos insulating materials were used on US Navy vessels up until the mid 1970’s and into the 1980’s.  Machinery and piping on Navy ships would be covered with asbestos insulation.  As workers repaired and maintained these ships, asbestos dust would be released into the air and inhaled by workers.  All of the workers at the shipyard were heavily exposed to asbestos dust as they carried out their work.  Even though the companies that sold these products that utilized asbestos knew of the dangers, they did not tell the shipyard workers who remained unaware of the danger that inhaling asbestos dust posed to them.

Asbestos Exposure During Ship Construction – Shipyard worker were responsible for cutting, shaping and mixing asbestos insulation.  Asbestos pads, block, cloth, tape would be used to insulate machinery and piping through the rest of the ship.  Construction of a new ship would generate massive amounts of asbestos dust which workers would breathe in the confined spaces they worked.

 

 

Asbestos Exposure During Ship Repairs and Overhaul – The shipyard workers at Pearl Harbor were involved in the maintenance and repair of Navy ships.  During overhauls, shipyard workers had to regularly disturb and remove asbestos insulation that covered piping, valves and machinery.  The propulsion equipment on a Navy Ship would either be taken apart in place or would be transported to and from shipyard shops for in shop work and repairs.  During overhauls and repairs some shipyard workers were assigned to shops and some would work directly aboard the ship.  Whether a worker was assigned to working in a shop or worked aboard ship, all shipyard workers were exposed to massive amounts of asbestos dust during the overhaul and repair of a ship.

Shipyard Workers Remain a Risk of Mesothelioma

The tireless efforts that these shipyard workers put in to building and maintaining the Navy’s vessels leaves them at a serious risk of developing mesothelioma.  Through my work as a mesothelioma lawyer, I have worked with numerous clients who have worked in shipyards across the United States.  Some of my clients only worked in shipyards for a short period of time.  But there is no known safe level of asbestos exposure so even a short period of time working in a shipyard can leave one at risk of developing this deadly disease.  If you or someone you love has worked in a shipyard at any point in their career, be sure to have regular doctor visits.  Let your doctor know immediately if you begin to show any symptoms of mesothelioma or any asbestos-related disease.

As a mesothelioma lawyer, I have represented many veterans who served on Navy ships or who built and overhauled these ships.  I have come to have a deep appreciation for both those who served our country and for these amazing vessels.  My clients were exposed to asbestos that was used heavily on Navy ships, especially those built during World War II.  I have learned much about these naval vessels and know that many hold a great place in US history.  The USS Indianapolis, CA-35 is one of those naval ships that played a critical role in WW II, but met a disastrous fate.  I was pleased to see that on August 16, 2011 the state of Indiana officially renamed one of its major highways to honor this great ship.

USS Indianapolis’s Significant Place in Naval History

The USS Indianapolis holds a great, and tragic, place in naval history.  She was commissioned in 1932 and was awarded numerous Battle Stars for her outstanding service in World War II.  Just as World War II was coming to an end, the USS Indianapolis was called upon to perform the special mission of delivering parts and uranium for the first atomic bomb, nicknamed “Little Boy.”  This was the atomic bomb that was later dropped on Hiroshima.  She departed San Francisco on July 16, 1945, and ten days later arrived at Tinian Island.  After the mission had been completed, the cruiser was then ordered to Leyte Bay in the Philippine Sea to prepare for the invasion of Japan.  The USS Indianapolis departed from Guam on July 28, 1945.  Two days later, on July 30, 1945, she was hit by two torpedoes fired from a Japanese submarine.  Of the 1,196 crew members aboard, almost 600 crewmen perished as they floated in the shark- infested waters for four days.  Only 316 men survived the horrific ordeal.

Asbestos Use on Navy Cruisers

There were many dangers for the men who served aboard the USS Indianapolis.  One of these dangers included the tons of asbestos insulating products that were used in the construction of the USS Indianapolis and other Navy cruisers, battleships, and destroyers.  During the construction of this ship shipyard workers at New York Shipbuilding were exposed to extensive amounts of asbestos dust generated from the masses of asbestos insulation used aboard.  Shipyard workers from various other shipyards would also have been exposed to the asbestos used aboard the USS Indianapolis as the ship underwent overhauls and repairs at different locations.

Crewmen who served on the USS Indianapolis were also exposed to the asbestos insulation on a daily basis as they maintained, repaired and operated the ship’s machinery and equipment that was covered in asbestos.  Millions of hazardous asbestos fibers were released into the air and would be breathed in by crewmen every time the asbestos insulation was installed or removed to make repairs.  Ship vibrations as well as vibrations from gun fire would cause these deadly fibers to also become airborne.

Navy Veterans & Shipyard Workers Exposed to Asbestos

I have had the honor to represent hundreds of Navy veterans and shipyard workers who worked and served aboard Navy cruisers and other Navy vessels.  These workers and seamen all contracted mesothelioma due to their extensive exposure to asbestos.  If you served or worked with the Navy and believe you may have been exposed to asbestos be sure to discuss this with your doctor.  It is important to go for regular exams and screenings.  Early diagnosis of this devastating disease can lead to a longer and better quality of life.

For most of us, September 11, 2001 is a day we can still remember as clearly as yesterday.  It was a tragic event that cost the lives of many, and it will surely be remembered as a defining moment in our history.

I have the utmost respect and admiration for the New York City firefighters who were some of the first emergency workers on the scene at Ground Zero and were the last to retreat.  The New York City firefighters were among the few who were rushing toward the wreckage while everyone else fled the area.  There were many dangers that our firefighters faced on September 11, 2001 and in the days to follow.  However, it was evident that their commitment to save lives was paramount.  In the years to follow, however, many of our brave men and women have suffered illnesses that researches believe are attributable to the environment at Ground Zero.

New Study Finds High Cancer Risk in First Seven Years Following the Attack

A recent study in the Lancet journal has shown that firefighters who worked at Ground Zero are more likely to develop cancer than their counterparts who did not spend time in lower Manhattan.

The study was based on nearly 10,000 New York City firefighters.  After the 9/11 attacks, the New York City Fire Department had set up additional health monitoring programs.  Because of these programs and the common insurance through their jobs, the health records were able to be tracked and studied.

Researchers have found that prostate cancer, melanoma, and colon cancer were some of the most common cancers found among the brave firefighters who worked at Ground Zero.  Other cancers of the lung, stomach, pancreas, bladder, kidney and blood were also reported among the group.

Researchers believe there are many contributing factors for the increased risk of cancer in these firefighters.  The dust in the area could have contained cement, glass fibers, and lead among other things.  In addition, toxic fumes from burning jet fuel and other chemicals may have also been in the air.

Asbestos at Ground Zero

Asbestos was another deadly substance found at Ground Zero.  Diseases such as asbestosis, lung cancer, and mesothelioma are some conditions caused by asbestos.  Although many different cancers have been identified in the first seven years following the attacks of 9/11, cancers caused by asbestos, such as mesothelioma, can take years to develop.

Symptoms of mesothelioma, such as shortness of breath, coughing, and pain in the abdomen, can appear 20 to 50 years after exposure to asbestos.  As a result, it is highly important that we continue our efforts to monitor and care for the men and women who risked so much to save so many.

At the Galiher Law Firm we honor and pay respect to all of those who lost their lives on the tragic day of September 11, 2001 and to those who have lost their lives in the aftermath.

When I meet with my clients suffering with mesothelioma, my first and foremost concern is making sure they are getting the proper treatment for their disease.  Treatment for mesothelioma typically involves a combination of therapies that include surgery, chemotherapy, and radiation.  Because of the critical role that chemotherapy plays, I was alarmed when I read recently that the Federal Drug Administration (FDA) has announce that for the year 2011 there is shortage of certain cancer drugs, including ones used to treat mesothelioma.  It has been reported that Cisplatin and Paclitaxel are both currently experiencing shortages.  Cisplatin and Paclitaxel are two of the chemotherapy drugs used in the treatment of mesothelioma and lung cancers.  Finding a solution to this shortage is an urgent matter.

Cisplatin & Paclitaxel

Cisplatin has been in used to treat various types of cancer since the late 1970s.  Cisplatin can be administered orally or intravenously and is typically used in combination with two or more drugs such as Gemcitabine or Alimta.  The combination of Cisplatin and Alimta is one of the most effective chemotherapy treatments for patients suffering from pleural mesothelioma who are not able to undergo surgery.

Paclitaxel received FDA approval for the treatment of cancer in January 2005.  It is most commonly used in the treatment of ovarian, breast and lung cancers and is administered intravenously.  It has been used as an early postoperative treatment for peritoneal mesothelioma patients.

As the news of the cancer drug shortage has reached doctors and hospitals, they have already begun to make adjustment and modifications to treatments.  Hospitals and doctors want to ensure the drug shortage will not affect patients.  Thankfully, new treatment options for this devastating disease are being discovered every day.  With new developments in the medical field, hopefully the drug shortage will have little to no effect on cancer patients.

Doctors Finding Treatment Modifications

Finding the treatment option that is right and most effective for a particular mesothelioma patient is very important.  But the right treatment option depends on many factors and what is right for one mesothelioma patient may not be right for another.  For this reason, I strongly encourage my client to discuss all treatment options that are available to them with their doctors.  Chemotherapy will be one options and a very likely treatment.  Experienced mesothelioma doctors will assess the potential benefits of the available chemotherapy drugs given the patient’s circumstances.  They will also tell patients about any and all side effects and remind them to report any uncomfortable or bothersome effects so that modifications can be considered.

Given the predicted shortage of some chemotherapy drugs, mesothelioma doctors will need to work with their patients, hospitals, and drug manufacturers to ensure that the predicted shortage will not adversely affect treatment plans.  This shortage is simply one more reason why it is critical that scientists continue to find a cure for mesothelioma.

A few weeks ago I shared some very moving photographs of mesothelioma patients captured by Neil Hodge, a photojournalist from the United Kingdom.  Neil not only takes pictures of these patients, but he also chronicles their lives and the often times overwhelming challenges they face as they deal with this asbestos caused cancer for which there is no cure.  Neil’s focus on asbestos, however, has now gone beyond the camera lens.  Neil himself has become an advocate to raise awareness of the deadly risks of asbestos exposure that people in developing countries face because asbestos is being sold and used in these countries.  Like me, he has seen the devastating consequences of asbestos related diseases and wants to do all he can to prevent that from happening in third world countries.

An Asbestos “Tsunami”

Neil and I first connected on Twitter after I had written an article about the rise in asbestos use in Asia.  It is predicted that Asia will see a surge of mortality and morbidity from asbestos-related diseases in the decades ahead.  One doctor warned that Asian governments and health officials must prepare themselves to deal with an “asbestos tsunami.”

Neil is no stranger to understanding the risk of disease that accompanies asbestos exposure and commended my efforts in getting this word out.  Neil explained to me that in addition to his photojournalist work, he has turned his attention to another aspect of the asbestos story—the health risk to those in third world countries where asbestos is being sold and utilized.

Continuing Risks of Disease from Asbestos

Neil’s interest in asbestos-related diseases began when he worked as an insurance journalist reporting studies from Lloyd’s of London related to future deaths from mesothelioma.  Because it takes 30-40 years for mesothelioma to develop after exposure to asbestos, exposure to asbestos today poses serious risks for the future.  According to Lloyd’s, the number of mesothelioma deaths was likely to reach its peak by 2015-2020, and that asbestos-related injuries and pay-outs would then begin to decline.

To me, this just never seemed credible: in the UK, the overwhelming majority of buildings still contain asbestos, and while there are regulations in place for employers to monitor whether the material is safe, enforcement is another issue. Therefore, as the material is still present, so is the danger.

An Advocate for Asbestos Awareness

To add to his reporting on mesothelioma victims, Neil focused his attention on the future risks that people in developing countries face due to asbestos use and exposure.  Neil quickly learned that India is one of the world’s biggest users of chrysotile “white” asbestos, and found that asbestos is used principally in building materials such as asbestos cement, with workers having little protection and no knowledge of the risks. Neil wanted to investigate further:

I decided to focus on two cities where local campaigners have been trying to raise awareness about the risks of asbestos exposure – Mumbai and Ahmedabad.  It did not take long to gather material.  Within days I had pictures of asbestosis sufferers and broken asbestos cement blocks left in residential streets.  In Ahmedabad I managed to find some children working with asbestos cement on the side of the road, building statues of Indian gods.  Not one of them was aware of how dangerous the substance is, and none wore safety masks.  I’m intending to go back to India in the next 12 months, possibly visiting Bangladesh and the ship-wrecking yards at the same time.

Neil‘s experiences in India have made it apparent to him that the dangers of asbestos need to be accepted by all countries, and that the substance needs to be banned.  Neil and I are both appalled that any country is exporting asbestos to third world counties.

It is unacceptable for countries – notably Canada – to export asbestos to the developing world when the mineral is banned from domestic use.  Furthermore, as India and China are among the world’s most populated countries – and biggest users of asbestos – the idea that mesothelioma claims will reach their peak in 10 years time becomes a complete myth.  It could be 50 years before mesothelioma cases become really noticeable in the developing world, and the numbers affected could reach millions.

A Common Bond

Neil and I share a common bond.  We have both seen from different vantage points the devastating effects of asbestos in the eyes of mesothelioma patients and their families.  I have represented mesothelioma victims for over three decades and have seen the tremendous pain and suffering that this disease has wrought.  Neil has captured the same misery through his camera lens.  Neither of us wants to see this tragedy repeated anywhere in the world.  We both are advocates sounding the alarm to protect innocent people in third world countries from suffering this fate.

I am happy that I have crossed paths with Neil Hodge-he not only is a talented photojournalist, but a humanitarian working to make a difference in the health and lives of many who have a much smaller voice.

To see more of Neil’s work, you can visit his website at http://www.neilhodge.co.uk or follow him on Twitter @neilhodgephoto.