The serious health risks associated with asbestos exposure have been known for generations. The naturally occurring fiber is the only known cause of mesothelioma, an incurable and deadly form of cancer of the lining of the lungs and internal organs. Legal and regulatory scrutiny of asbestos use has ramped up over the years — including a 2024 ban on chrysotile asbestos — but an alarming number of Americans continue to die from mesothelioma every year. While mesothelioma diagnosis rates have fallen among men, they have remained steady among women.
Tag: Asbestos Exposure
Global Mesothelioma Cases Surge as Asbestos Use Continues
Cases of mesothelioma around the world have been increasing along with a rise in the global use of asbestos, despite an acknowledgment more than 40 years ago by the World Health Organization (WHO) and the International Agency for Research on Cancer (IARC) that all forms of asbestos are carcinogenic.
Asbestos exposure causes mesothelioma, a cancer of the tissue that lines the lungs, chest wall, and abdomen. Given that asbestos continues to be used globally in a variety of commercial products, it’s not surprising that mesothelioma cases and deaths associated with the disease have been rising too.
5 Most Common Ways People Are Exposed to Asbestos
Until about four decades ago, most structures in Hawaii were built with material containing asbestos, including the state’s military bases, state buildings, homes and even schools.
While the health risks from these materials are well-known today, the use of asbestos – while highly regulated in Hawaii – is still allowed in certain products, creating serious risk for anyone who comes in contact with them.
Asbestos is composed of six minerals that occur naturally in the environment as bundles of fibers that can be separated into extremely fine threads for commercial and industrial uses. The fibers are resistant to heat, fire and chemicals and do not conduct electricity.
Law Firm Earns 1 of the Top 50 Largest Injury Settlements of 2022
A multi-million dollar litigation settlement secured by Galiher DeRobertis & Waxman trial lawyers is recognized among the Top 50 in the nation for 2022. The case underscores the Hawai’i-based firm’s ability to handle some of the most challenging types of injury litigation, which include asbestos exposure and sex assault.
The case involved a $5.63 million settlement on behalf of a Hawai’i student who was sexually assaulted by a teacher, according to an analysis of state and federal records by researchers at TopVerdict.com.
“Sexual assault litigation is extremely difficult. The victims often feel like the legal system is uncaring and victimizes them all over again. It’s extremely gratifying to represent these individuals and help them obtain justice,” said Galliher DeRobertis & Waxman lawyers Ilana Waxman and Chris Johnson, who played leadership roles in the case. “We were able to win a significant settlement that avoided having the victim testify in trial. Recognition like this is just another indication that our passion for clients and their causes can make a difference.”
The U.S. Never Banned Asbestos. These Workers are Paying the Price.
The stories about the dangers of asbestos exposure are horrifying and all too common: mesothelioma, lung, laryngeal and ovarian cancer, and ultimately death. But despite the well-known risks of the dangerous and deadly carcinogenic fibers, the United States still has not banned asbestos.
While dozens of other countries have outlawed asbestos, the United States allows hundreds of tons each year from Brazil to benefit two major chemical companies, OxyChem and Olin Corp. The companies say asbestos is crucial to chlorine production and that their protocols for handling it keep workers safe from exposure. But those workers claim otherwise.
More than a dozen former workers from OxyChem’s plant in Niagara Falls, New York, told ProPublica that asbestos dust hung in the air, collected on the beams and light fixtures and built up inches thick. Workers often were without protective suits or masks and the dust collected on their coveralls and boots.
The Environmental Protection Agency and Congress accepted the companies’ claims that workers were safe. The Occupational Safety and Health Administration let the companies into a special program that limited the frequency of inspections at their plants, ProPublica reported.
OxyChem declined ProPublica’s requests for an interview. The company said in a statement to ProPublica that it complies with federal regulations on asbestos and that workers who handle it are “trained, work in restricted areas of our plant, protected by personal protective equipment and are offered annual medical examinations.” The company also said it allows employees to stop work if they feel unsafe.
“The health and safety of every plant worker and the people in our surrounding communities is our top priority,” the company said.
Olin did not respond to calls and emails that ProPublica said it sent over the course of a month.
The former workers agreed to hours of interviews with ProPublica and recounted “ever-present asbestos dust with scant protection.”
Federal workplace safety standards require keeping asbestos fibers wet to prevent them from going airborne, having workers wear protective equipment and containing the asbestos inside certain areas. OxyChem had rules in place, but the protocols failed to match reality at the Niagara Falls plant, according to more than a dozen workers who spoke to ProPublica.
Tanks of chlorine, caustic soda and hydrogen contained metal screens coated with layers of asbestos to keep the chemicals apart. When screens needed to be recoated, OxyChem workers used pressure washers, splattering asbestos everywhere. Then, they dipped the clean screen into a wet mixture containing new asbestos and cooked it in an oven until the asbestos hardened. They worked on one or two screens each day.
Asbestos wasn’t a problem when it was wet, but it would dry overnight. The next morning, the workers told ProPublica, it would be stuck to the ceiling and the walls. Clumps would roll across the floor and floating particles could be seen in the air.
There was so much asbestos in the cell-maintenance building that it was impossible to keep it all wet, said Robert Cheff, who worked at the plant from 1981 to 2007. “We were constantly swimming in this stuff.”
Workers wore protective gear for certain tasks, like pressure washing and screen dipping. But they went into the building to carry out other tasks without special suits or anything protecting their faces, despite company requirements. One worker said managers enforced those rules. But a dozen others interviewed by ProPublica recalled that the bosses looked the other way.
The stories shocked six experts in industrial hygiene and occupational health who were consulted by ProPublica.
“Totally unacceptable,” said Rachael Jones, professor and chair of the Environmental Health Sciences Department at the University of California, Los Angeles.
“Fraught with danger,” said Dr. Philip Landrigan, a public health physician trained in occupational medicine and epidemiology who leads Boston College’s program for Global Public Health and the Common Good.
Workers with a high risk of exposure sometimes clipped a small monitor to their bodies to measure the amount of asbestos in the air around them. At least five times in 2001 and 2002, the levels around Patrick Nowak exceeded OSHA’s exposure limit, ProPublica said his company records show. “I failed so many times, they quit testing me,” he said.
Tony Garfalo wore a monitor seven times in 2001, and, on four occasions, the results exceeded OSHA’s limit, his records show. Once, the asbestos level was more than five times the allowable limit.
Under the Biden administration, the EPA determined that all workers in asbestos-dependent chlorine plants faced an “unreasonable risk” of getting sick from it, citing a review of the companies’ own exposure-monitoring data. EPA Administrator Michael Regan proposed a ban for the first time in more than three decades. But it could be months before the rule is finalized and the chemical industry has vowed to fight it.
How We Help Victims of Asbestos Exposure
Seek justice with the help of our experienced asbestos attorneys. Our asbestos law firm has represented individuals like you affected by asbestos exposure for over 20 years, aggressively fighting the corporate giants responsible for their dangerous products. If you or a loved one were exposed to asbestos or suffered from a disease caused by asbestos, like mesothelioma, we can help.
The History of Asbestos: From Discovery to Personal Injury
Asbestos is a well-known toxic substance now, but the origins of its usage date back thousands of years before it was known to cause diseases like mesothelioma. Some countries like the U.S. have continued to use it in a lesser capacity despite this risk. The start of its use in other durable products such as pottery mixes dates back to 2500 B.C. in Finland. However, the first discovery of its toxicity did not come until 61-112 A.D. when an Ancient Roman scholar studied slaves who became ill working the asbestos mines. It would still take another 2,000 years before scientists would connect asbestos and the illness it causes.
The revelation of the illness caused by asbestos was not made before the toxic mineral’s introduction to the American industry in 1858 when the Johns Company began mining it for use in insulation. The Industrial Revolution further fueled its production and use throughout North America, noting the first industrial asbestos mine opening in Canada in 1879. It was not until 1918 that the U.S. government would recognize the risk of asbestos shortening the life spans of those who worked with the material.
In 1930, the illness known as asbestosis was discovered in connection to asbestos exposure by Dr. Edward Merewether. As a result, industry regulations were placed on British asbestos factories. Still, they did not include the other industries that handled the substance or were involved in its installation. Asbestosis would not be reported in America for another three years. Not until the Metropolitan Life Insurance Company found asbestosis in 29% of workers in an asbestos factory leading to lawsuit settlements.
Asbestosis would not be the only long-term illness in connection with asbestos exposure. Researchers first discovered the link between asbestos exposure and cancer in 1934. The warnings for this risk of cancer relative to asbestos would not come until 1942. A year later, the first mesothelioma-like tumor was reported in Germany. By 1949, asbestos is widely understood to be harmful. Despite this acceptance, the asbestos industry will continue to ignore the warnings of health risks through the 1960s and actively bury or alter the negative research reports before they could reach the public.
The good news is that they did not get away with covering up the dangers of asbestos forever. Eventually, in 1967, the first successful personal injury claim in the U.K. was established. Additional rules closely followed in 1969, which saw the expansion of regulation beyond just the manufacturing process to include every industry that used asbestos. These regulations included requiring the use of exhaust ventilation, protective equipment, and improved handling procedures. While these improvements were welcome, it was not enough to eliminate asbestos-related diseases.
When Congress approved the Clean Air Act, it allowed the Environmental Protection Agency to regulate asbestos as a hazardous air pollutant. Like the U.K., the U.S. only saw increased regulation after the first successful personal injury claim regarding asbestos in 1971. It would not make any further significant changes until 1989 when the EPA began to phase out asbestos use in almost all products in the U.S. Meanwhile, the U.K. would only be a decade away from a complete ban of asbestos across the board. Despite the shift away from asbestos that the EPA was attempting to make, the U.S. Courts overturned the EPA Asbestos Ban in 1991 due to pressure from asbestos industry lobbyists. The powerful influence of the asbestos industry is why asbestos can still be found in products manufactured today.
Lung Cancer Screening Boosts 20-Year Survival Rate to 80%
Lung cancer is the leading cause of cancer death for both men and women in the U.S., accounting for nearly 25 percent of all deaths from the disease. Although this statistic may be grim, the results of a new international study provide hope. In the study, researchers discovered that regular screening for lung cancer using a CT scan enables early identification of the disease, in turn significantly impacting the long-term survival rate.
Currently, lung cancer screening is limited to people deemed to be high risk. However, there has been some discussion regarding whether screening should be extended to people exposed to asbestos or second-hand smoke.
What is the Survival Rate for Lung Cancer?
According to the American Lung Association, lung cancer has a five-year survival rate of 18.6 percent. This is far lower than many other types of cancer, such as colorectal (64.5 percent), breast (89.6 percent), and prostate (98.2 percent). Survival rate refers to the percentage of people who survive a certain type and stage of cancer for a specific amount of time.
By the time symptoms appear, lung cancer is often advanced. Currently, only 16 percent of lung cancer is caught early and more than half of people die within a year of diagnosis. This underscores the importance of detecting lung cancer at an early stage through an annual screening program.
About the Lung Cancer Research Study
For the study, named the International Early Lung Cancer Action Program, researchers examined lung cancer survival rates for over 87,000 participants. Of those participants, 1,285 were screened using a low-dose CT scan. Performed annually, the screening allowed for the early detection of lung cancer. Of the 1,285 participants who were screened, 83 percent were diagnosed with early-stage cancer (stage one). Their overall 20-year survival rate was 80 percent.
The survival rate of participants also depended on the classification of their lung nodule. A solitary lung nodule is a small abnormal area measuring up to three centimeters in size. A pulmonary lesion greater than three centimeters is classified as a lung mass. Nodules are further classified as solid, subsolid (part-solid), or nonsolid.
Classification of Lung Cancer Nodules
- Solid nodules completely obscure the entire lung parenchyma (the portion of the lung involved in gas transfer) within it.
- Subsolid nodules have sections that are solid.
- Nonsolid nodules have no solid parts.
In the study, researchers found that the long-term survival rate was 100 percent for participants who had a nonsolid or part-solid nodule consistency. The long-term survival rate for participants with a solid nodule consistency was 73 percent. The researchers further reported that there were no lung cancer deaths for participants with part-solid and nonsolid nodules.
If lung cancer is small enough and can be surgically removed, patients can be effectively cured long-term.
What is the Link Between Asbestos Exposure and Lung Cancer?
According to the International Agency for Research on Cancer (IARC), there is evidence that exposure to asbestos causes lung cancer and mesothelioma (a rare cancer of the thin membranes that line the chest and abdomen), as well as other types of cancer, including cancers of the larynx and ovaries. It is thought that most mesotheliomas are due to asbestos exposure.
Asbestos exposure may also increase the risk of asbestosis, an inflammatory condition affecting the lungs that may cause permanent lung damage, as well as other non-malignant lung and pleural disorders.
Asbestos has been classified as a known human carcinogen (a substance that causes cancer) by the U.S. Department of Health and Human Services (HHS), the U.S. Environmental Protection Agency (EPA), and IARC.
Mesothelioma 101: Non-Small Cell Lung Cancer Vs. Mesothelioma
When it comes to lung disease, it can be easy to get confused about the types of cancers and treatments available. However, mesothelioma and non-small cell lung cancer (NSCLC) are different diseases with different treatment plans, although some symptoms may be similar, and both have been linked to asbestos exposure.
What is Mesothelioma?
Mesothelioma is a type of cancer that typically forms in the lining around the lungs, although it can also form in the tissue surrounding the heart or the abdomen. As with any cancer, it can spread to the lungs and other parts of the body, but it is not considered a lung cancer.
Asbestos exposure is the primary cause of mesothelioma. This cancer develops many years after exposure and has a low survival rate.
What Is NSCLC?
NSCLC is one of two types of lung cancer. The cancerous cells tend to be larger (as opposed to the cells in small cell lung cancer) and always start in the lungs. There are multiple types of NSCLC, which may dictate different treatment plans.
What are the Symptoms of Mesothelioma and NSCLC?
Both cancers cause breathing symptoms, including:
- Shortness of breath
- Persistent cough or coughing up blood
- Respiratory infections, such as bronchitis or pneumonia
- Pain in the chest, back, and shoulders
- Fluid buildup around the lungs
This isn’t an exhaustive list of symptoms of either type of cancer, but if you or someone you love is experiencing frequent lung or breathing problems, you should consult a physician, especially if you may have been exposed to asbestos.
Because the symptoms are so similar, it is essential to see a doctor to get a definitive diagnosis.
How Are Mesothelioma and NSCLC diagnosed?
Whether done by a primary care physician or a specialist after a referral, diagnosis of cancers in and around the lung typically includes X-rays or other types of imaging to see whether and where tumors may have formed. Mesothelioma tumors usually form as a group of small tumors in the pleura surrounding the lungs. NSCLC tends to develop as single tumors inside the lungs.
Physicians may also test phlegm to look for cancer cells and take biopsies of affected areas to help diagnose the patient. It is also possible to develop both types of cancer or for cancer to form in the lungs after it has spread from other parts of the body, which is why exhaustive testing will help physicians create a complete picture of the disease and which treatments may be effective.
How Are These Cancers Treated?
Different cancers respond to different treatments.
If diagnosed early, mesothelioma and NSCLC can be treated through surgery.
Mesothelioma surgery involves removing the lining around the lungs, abdomen, or both, depending on which part of your body has been affected. Even if the pleura isn’t removed, physicians may need to perform surgery to remove fluid buildup around the lungs or other organs.
Surgery for NSCLC focuses on removing the tumor and possibly part of the affected lung. It may be necessary to remove an entire lung. When removing just the tumor, your physician will work to ensure that they leave a clean margin around it, meaning that not a single cancer cell remains in the tissue left in the body. If they do not get a clean margin, another surgery may be necessary to ensure complete removal.
Treatment may also involve chemotherapy and radiation. These treatments kill cancer cells but may also damage healthy cells in the body.
Immunotherapy is another treatment option. This therapy stimulates the immune system to fight cancer cells.
Targeted therapy is still another possible treatment. This treatment targets the proteins in the cancer cells that tell them how to grow, divide and spread.
Physicians may combine these treatments to achieve the best results depending on the type of cancer a patient has.
Patients may also choose to participate in trials of new treatments, especially if their cancer isn’t responding to currently approved therapies.
How We Help Victims of Asbestos Exposure
Seek justice with the help of our experienced asbestos attorneys. Our asbestos law firm has represented individuals like you affected by asbestos exposure for over 20 years, aggressively fighting the corporate giants responsible for their dangerous products. If you or a loved one were exposed to asbestos or suffer from a disease caused by asbestos-like mesothelioma, we can help.
Asbestos Awareness Week: The Facts
Today marks the last day of Asbestos Awareness Week. However, the effect educating oneself and sharing information with loved ones will have a lasting impact. Share these facts with your loved ones, friends, and community to bring awareness to the dangers of asbestos.
Question #1: What is asbestos?
Asbestos is a naturally occurring microscopic mineral that can be a health hazard when it becomes friable or brittle. When asbestos fibers are disturbed and become airborne, they can be very easily inhaled. When asbestos is inhaled, its sharp and rigid fibers stick in the soft tissue of the respiratory system and can lead to the development of mesothelioma and other forms of cancer.
Question #2: Where is asbestos found?
Asbestos is a common name for six naturally occurring silicate minerals. Because of its highly desirable commercial uses, asbestos was used in many schools, homes, commercial and industrial buildings, large manufacturing parts for ships and water sewage plants etc. With asbestos being used in more than 3,000 consumer products it is still frequently found in kitchen tiles, ceiling tiles, outside house siding, and piping.
Question #3: Who is at risk for exposure to asbestos?
Asbestos exposure is widely known to be a risk only to the workers on a job site where asbestos was once used or is currently being used, like construction sites, industrial buildings with ceiling and floor tiles, building shingles, as well as ships who used asbestos spare parts to change large gaskets. However, secondhand exposure can occur to anyone when workers who come into contact with asbestos carry the fibers home on their clothing. Military veterans, teachers working in older school buildings, people who renovate older homes, firefighters, people living near asbestos manufacturing facilities and many others are also at risk for exposure to asbestos.
Question #4: Diseases associated with exposure to asbestos fibers
Over a period of time, these fibers can accumulate and cause scarring and inflammation, which can affect breathing and lead to serious health problems such as:
- Mesothelioma
- Asbestosis
- Lung cancer
If you believe you have been exposed to asbestos, you should inform your physician and ask if they would recommend any pulmonary function monitoring or further screening for asbestos disease.
The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice, and accountability from the corporations that manufactured and sold this known carcinogen.
Asbestos Awareness Week: Senate Resolution honors Asbestos victims
A small community in Libby, Montana has been recognized by the U.S. Senate who passed a “Resolution” for the hundreds that have died from the rampant death and illness caused from asbestos related exposure at the W.R. Grace and Co. mine. The resolution highlights the need to call upon the surgeon general to “warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health.”
The W.R. Grace & Co. mine operated from 1963 and then shut down in 1990 after large quantities of asbestos fibers were found in vermiculite. Vermiculite is a naturally occurring mineral that is mined from raw ore deposits in a method very similar to asbestos mining. During operation the mine employed up to 200 people and produced up to 200,000 tons of vermiculite a year, however, more than 3,000 people were affected from asbestos exposure who lived nearby.
The Libby tragedy was originally uncovered when the Seattle Post-Intelligencer wrote a series of articles about Libby in 1999, titled “Uncivil Action: A Town Left to Die.” Following the release of the series, Libby received national attention to address the serious problem. A clean-up strategy began slowly identifying the sources of contamination as well as a thorough investigation of homes and businesses in the area. As of 2010, 1,460 businesses and residences have removed more than 900,000 cubic yards of contaminated material. The town has suffered from thousands of cases of asbestos and around 400 people have died from mesothelioma cancer to date. As for the town of Libby, even though the job is considered finished it will still remain contaminated for years.
The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice, and accountability from the corporations that manufactured and sold this known carcinogen.