Mesothelioma and the Occult Exposure

In my thirty-three years as a mesothelioma lawyer, I have learned to investigate and identify those responsible for my clients’ asbestos exposure.  Of all the exposures to asbestos, the occult – or unknown – is perhaps the most difficult to identify.  Known as the Fifth Wave of exposure, it is one of the most prevalent stories told today by the newly diagnosed mesothelioma patient.

Uncovering Each Client’s History of Asbestos Exposure

Malignant mesothelioma is a “signal tumor” for asbestos exposure.  Asbestos exposure is the main cause of malignant mesothelioma, and the vast majority of the cases can be linked to a known occupational exposure.  However, in some cases, patients who have been diagnosed with malignant mesothelioma cannot recall where they have been exposed to asbestos – or they do not know that they were exposed to asbestos at all.

There is a very good reason for these patients’ lack of awareness.  Some exposures took place twenty, thirty, or forty years ago, and have been forgotten.  Other exposures were so minimal or took place in such unique settings or unusual circumstances that the patient is totally unaware of them.  Many of these exposures took place in childhood.

Asbestos Exposure Occurs in Many Different Settings

It is important for mesothelioma patients and their families to know that asbestos is found in many different products and exposures occur in many different settings.  Some of these may be familiar to most people; others are not so well-known.

Gaskets; sprayed-on fireproofing; fire blankets; plastic fillers; asphalt and vinyl felts; papers and adhesives; flooring and roofing materials; filters; putties, caulks, and cements; acoustical and decorative plaster; joint compound; ceiling and floor tiles; drywall and paints; surfacing and reinforcement materials; textiles; electrical wiring; and water supply lines – all of these are examples of products that may contain asbestos.

Asbestos is also present in friction products.  The asbestos in brake-linings and clutch pads is hazardous not only to mechanics working in garages, but also to the “weekend mechanic” who works on his or her own cars or trucks.

Other occupational exposures are not so well known:  bakers, jewelers, rubber workers, paper mill workers, teachers, custodians, laborers, and maintenance workers.

The “Secondary Exposures”

In addition to posing a hazard to those who are working directly with asbestos products, asbestos is also a danger to those who are merely in the vicinity – to “bystanders” and others who often unknowingly come into contact with asbestos dust. These are sometimes called the “secondary exposures.”  Asbestos fibers become airborne, and very small fibers can stay in the air for long periods.  There are many reports in the literature of mesothelioma arising from neighborhood and residential exposures – those who live near mines, shipyard, construction sites or factories where asbestos is in use or where demolition activities are taking place.

There is also the matter of “asbestos in place.”  Asbestos is most hazardous when it is friable.  It is present in many older buildings and it is released during repair work and during demolition and renovation.

Entire families have been exposed when workers brought home dusty clothes.  It is well known that women have contracted mesothelioma from washing their husband’s work clothes.  However, it is not so well known that asbestos dust brought into the home can remain there in carpets, drapes, and furnishings, where family members live and children play.

It is the invisible dust that poses the most danger.

A Brief or Low Level Exposure Is Enough

Even a brief or low level of exposure to asbestos is enough to cause malignant mesothelioma.  These types of exposure are very real, and they can have disastrous consequences.  There is no known safe level of exposure to asbestos.

If you have been diagnosed with mesothelioma, but you cannot recall ever having been exposed to asbestos – do not be so certain.  It is your attorney’s work to investigate all possibilities, and our team is prepared to do just that.  Although this can be a frustrating and sometimes daunting part of our work, in most cases this is not an unsolvable mystery.  In almost all cases of mesothelioma, there has been asbestos exposure in the patient’s past.

For more information on hidden asbestos exposures, please visit our Mesothelioma Knowledge Center.

Asbestos Removal and Disposal: A Continuing Hazard

Most Americans now know that asbestos is a dangerous mineral which can cause respiratory diseases like asbestosis, lung cancer, and mesothelioma.  For many years, however, asbestos was used in a wide variety of products such as drywall, insulation, cement, tile, electrical cable, brake pads and even cooking utensils, to name just a few.   Many companies continued to use asbestos in their products well into the 1980s and 90s, even after they knew that it was hazardous.

Today, we can still find asbestos in older homes, schools, mills, factories, and other commercial buildings.  If it is not handled properly, this asbestos may present a health risk to our communities.

This is a matter of special concern to me as a mesothelioma lawyer.  For more than 30 years, I have represented workers and families who were exposed to asbestos through industrial use in the past.  It is critical that we take steps to make sure that people are not exposed to asbestos in the future.

Dealing With Asbestos Today

Although asbestos was a cheap material to use, it isn’t necessarily cheap to remove.  Asbestos inspections and removal can be timely and expensive.  For example, some large buildings that contain high levels of asbestos cannot simply be demolished; asbestos-containing materials must be removed piece by piece.

Recently, I read some disturbing stories which brought my attention to a rarely discussed step in asbestos removal – disposal.  Asbestos today is often classified as hazardous waste, and not all facilities will accept asbestos-containing materials.  As a result, people may find it easier to illegally dump asbestos in public areas.  This can pose a serious problem for those in the surrounding area who may just see a harmless pile of debris.  In addition, those who may be ultimately called upon to remove the debris may also be at risk of inhaling asbestos fibers.

Encouraging Safe Asbestos Removal and Disposal

It is so important that we create accessible and affordable channels to make safe asbestos removal practical.  We cannot make the process so difficult or expensive that people are encouraged to take shortcuts when dealing with this very serious problem.  Moreover, we cannot afford to have accurate inspections, thorough removal, and then fail in safely disposing harmful asbestos materials.  We must succeed in all stages, from the initial inspection for asbestos to its disposal, it is important that the diligence continues throughout the entire process to ensure the safety of those who may have contact with these materials.

 Society’s Position Toward Asbestos

As a mesothelioma lawyer, I have been helping asbestos victims and their families for over three decades, and I have seen a giant shift in attitude of our society when it comes to asbestos.  Through litigation efforts, we have successfully deterred asbestos manufacturers from continuing to produce asbestos-containing products, and we have raised awareness of asbestos in our communities.

Today, we see asbestos-related problems being treated with the gravity they require.  Together, we have managed to change some very harmful actions and attitudes, but the remnants of those decisions are still present today.  Therefore, we must continue to be mindful and thorough in removing asbestos from our environment to help mitigate potential asbestos-related illnesses in the future.

Remembering a Pioneer in Medical Research

May 20, 2012, marked the twentieth anniversary of the passing of Dr. Irving J. Selikoff, one of the greatest advocates for public health that this country has ever known.  As I reflected upon his passing, I wanted to share some of my observations about Dr. Selikoff’s legacy.  I write this article to honor Dr. Selikoff’s memory and pay tribute to this exceptional man.

Dr. Selikoff was a medical doctor and epidemiologist who played a pioneering role in documenting and publicizing the relationship between asbestos and mesothelioma.  When I filed my first asbestos case in 1978, it was Dr. Selikoff’s research that helped me prove that asbestos was the cause of my client’s mesothelioma.

I was fortunate enough to meet Dr. Selikoff in person several times.  He was a wonderful and inspiring man.  Although he faced ridicule, personal attacks, and even threats from the asbestos industry, he never backed down.  He was always positive and extremely motivated about his mission to protect workers and their families.

 

By exposing the hazards of asbestos, Dr. Selikoff helped to save the lives of thousands of American workers.  His work continues to have a profound impact on millions of people throughout the United States and the world.

Dr. Irving Selikoff’s Early Career

Dr. Selikoff began his career as a medical doctor in suburban New Jersey.  When he began treating members of the local Asbestos Workers Union, Dr. Selikoff noticed a surprising and disturbing trend.  Asbestos workers were being diagnosed with lung disease and cancer at a significantly higher rate than his other patients.  Moreover, he found several cases of pleural mesothelioma among asbestos workers every year – an incredibly rare disease that was almost unheard of in the general population.

Dr. Selikoff knew that something was wrong.  He began a larger epidemiological study to measure the incidence of cancer and lung disease among workers who were exposed to asbestos, including shipyard workers.   In 1963, these findings were published in the Journal of the American Medical Association.  His conclusion:  asbestos causes cancer.

1964 Conference on the Biological Effects of Asbestos

Although Dr. Selikoff was not the first to verify the connection between asbestos and cancer, he played a key role in publicizing the danger to workers.  The results of his epidemiological research were so alarming that Dr. Selikoff knew he needed to act.

Asbestos was widely used by American industry in the 1950s and 60s.  The public health implications were grave.  Dr. Selikoff was determined to make sure that the dangers of asbestos would not be ignored.

In 1964, Dr. Selikoff organized a conference on the “Biological Effects of Asbestos” through the New York Academy of Sciences.  The conference was a turning point in public and scientific awareness of the hazards of asbestos.   The discussions were far-reaching and even included presentations showing that housewives could develop mesothelioma from exposure to their husbands’ work clothes.

Dr. Selikoff’s Legacy

Dr. Selikoff continued to work on behalf of asbestos workers throughout his career.  The asbestos industry and its lawyers criticized and questioned Dr. Selikoff’s work.  But he was tenacious; he never backed down or gave up.  Dr. Selikoff continued his fight because he believed that the public deserved to know the truth about asbestos, and that industry and government needed to take action to protect workers and their families.

Dr. Selikoff eventually became director of Mount Sinai Hospital’s Environmental and Occupational Health Division in New York.  The division was later renamed the “Irving J. Selikoff Center for Occupational and Environmental Medicine.”

Today, medical researchers at Mount Sinai are focused on finding new and better ways to treat mesothelioma and other asbestos-related diseases.  The Mount Sinai Thoracic Surgery division is at the cutting edge of mesothelioma treatment and care.    While Dr. Selikoff may be gone, his great legacy lives on.

For more information on the latest mesothelioma research, visit our Mesothelioma Knowledge Center.

Reliving History Aboard the SS American Victory

During my long career as a mesothelioma lawyer, I’ve had the opportunity to represent hundreds of Navy veterans and shipyard workers.   This work has given me a profound appreciation for our country’s historic Navy vessels and victory ships.  I am constantly amazed by the craftsmanship and skill of the men and women who designed, built, and maintained these magnificent machines.

A few months ago, I had the chance to experience a little taste of life aboard a World War II era ship, the SS American Victory.   The SS American Victory was launched in 1945 and served our country for many years, from World War II through Vietnam.  She is one of only four fully operational 1945 World War II ships in the country.

A Link to the Past

The trip was described appropriately as a “Relive History Cruise”.  We sailed from her homeport in Tampa, FL into Tampa Bay before returning to dock at the American Victory Ship Mariners Museum.  This was a true opportunity to relive history!  There were re-enactors from the Florida Historical Preservation Group, memorial and prayer ceremonies, World War II airplane flyovers, and a host of other activities which brought the WWII era back to life.

Learning Through Experience

For me, the trip on the SS American Victory was valuable on both a personal and professional level.  Through my 30 years of advocating for Navy clients, I have developed an extensive library of ship drawings and plans.  I’ve also visited numerous museum ships to educate myself about the engineering spaces and equipment on various classes of Navy vessels.  However, there is no substitute for seeing a historic vessel in operation.

The steam boilers and turbines on the SS American Victory were incredible!   There is nothing like the noise, heat, vibration and energy of the steam plant when the ship is underway.   Seeing these systems in action gave me a whole new appreciation for the harsh working conditions the sailors endured on those WWII-era ships.  I also had the chance to observe the ships’ valves and pumps in actual operation, much as they would have looked during the 1940s, 50s, and 60s.   All of this gives me a greater depth of knowledge that I can use to advocate for my clients in Navy and maritime cases.

Unseen Dangers

My cruise on the SS American Victory also served as a reminder of the sacrifices made by the members of her crew, and all the men and women who served on Navy vessels and victory ships.   None of these ships could have accomplished their vital missions without their crews and we should never forget their contributions and sacrifices for us.

Sadly, many of our Navy veterans are still paying the price for their service to this very day.  Asbestos was used widely aboard navy ships and submarines for many years.  Although the dangers and hazards of breathing asbestos is fairly well known today by the general public, such was not the case for the Navy seamen and shipyard workers who built, repaired and maintained these ships many decades ago. Because there is a delay or latency between the time someone is exposed to asbestos and the development of mesothelioma and other lung disease, most seamen were not aware of the dangers of their asbestos exposure.  For more information about the risks to U.S. Navy veterans, visit our website page on Help for Veterans.

Preserving the Past and Protecting the Legacy

Museum ships like the SS American Victory provide me with valuable information and insight that I can use to help my clients obtain the compensation they deserve.  More than that, these museums preserve a priceless historical legacy which belongs to all American.  I encourage everyone to support not only the American Victory Ship Mariners Memorial Museum, but all the historical museum ships located across the country.

Hawai‘i Mesothelioma Researcher Makes Exciting New Discoveries

As an attorney who represents clients with mesothelioma, I have been privileged to visit the research laboratories at the University of Hawai‘i Cancer Center on several occasions.  I have met with the incredible staff and gifted researchers who are doing groundbreaking work to further our understanding of mesothelioma, an aggressive cancer caused by asbestos exposure.  I am always impressed by these world-class researchers and by the students at the Cancer Center.

Haining Yang, Ph.D.

 

One such scientist is Dr. Haining Yang, Ph.D.  I recently read about some exciting new discoveries by Dr. Yang and about the research she was doing.  Dr. Yang is someone we should continue to follow closely as her important work may someday translate into cutting-edge treatments for mesothelioma victims.  We are very fortunate to have Dr. Yang on the team of talented researchers and staff at the University of Hawai‘i Cancer Center.

Haining Yang is an assistant professor at the University of Hawai‘i Cancer.  Her work focuses on treatment and early detection strategies for asbestos-related diseases such as mesothelioma.  Dr. Yang received her Ph.D., at Shandong University in China.  Among other things, Dr. Yang’s work focuses on early detection of mesothelioma using biomarkers, and she is exploring the effects of new chemotherapy drugs.

 

Dr. Yang Helps Lead The Charge Against Mesothelioma

 

Dr. Yang has made some very exciting discoveries that may translate into better detection and treatment methods for mesothelioma patients around the world.  For example, Dr. Yang discovered that TNF-alpha, a protein produced by the body during the inflammatory response which can be induced by asbestos, leads to a mediated survival mechanism that helps to protect damaged mesothelial cells from dying.  This then enables these damaged cells to divide and transform into what eventually becomes mesothelioma.

 

Dr. Yang more recently discovered the importance of HMGB1, an inflammatory mediator, in the growth and survival of a mesothelioma tumor.  When exposed to asbestos, mesothelial cells release HMGB1, which initiates the inflammatory process that is related to mesothelioma development.  It has been discovered that after the healthy cells are transformed, they are still “addicted” to the HMGB1, which is now believed to aid in the growth and development of a mesothelioma tumor.

New Discoveries May Bring New Approaches For Treatment

 

Mesothelioma is a very aggressive type of cancer.  Every year, thousands of people are affected by this disease.  Understanding why the cancer develops helps us to find new approaches for early detection, treatment and prevention of this deadly cancer.

 

Dr. Yang’s research brings us closer to understanding the cancer’s behavior, and what nurtures its growth and survival.  Traditionally, the aim has been to kill and remove deadly mesothelioma cells and tumors, but finding ways to prevent the cancer’s growth and survival may prove to be a very effective approach.

 

Many of the clients I have represented over the years have undergone surgery and chemotherapy treatments at some of the finest medical facilities in the country (“Outstanding Mesothelioma Treatment Facilities For Patients to Evaluate” article).  Unfortunately, surgical procedures are invasive and require a lot of strength, time and energy to recover from.  Chemotherapy drugs also have side effects that can leave patients feeling tired or ill, and can kill healthy as well as unhealthy cells and tissue.  Finding new, less-invasive ways of treating cancer would be a giant step in improving the quality of life for mesothelioma patients around the world, and I am proud that the University of Hawai‘i continues to be such an important hub for mesothelioma research.

For more information on asbestos and mesothelioma, including information on the latest treatment options, visit our Mesothelioma Knowledge Center.