Despite restrictions on asbestos, Hawai‘i residents continue to succumb to mesothelioma cancer

While it’s well-established that the deadly form of cancer known as mesothelioma is caused solely by exposure to asbestos, thousands of people throughout the U.S. mainland and Hawaii continue to die from the disease every year.

About 3,000 cases of mesothelioma are registered each year in the United States. In Hawaii, there are approximately 38 asbestos-related deaths a year, according to the U.S. Centers for Disease Control.

Mesothelioma was discovered in the late nineteenth century and gradually came to be associated with exposure to asbestos. The mineral has been used throughout history, but as the Industrial Revolution took hold, more and more uses were found.

Asbestos and Mesothelioma Aren’t Going Away

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.

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.

Studies and Lawsuits tie Roundup Weedkiller to Cancer and Birth Defects

Widespread use of the popular herbicide Roundup, which contains the known carcinogen glyphosate, is at the center of a series of lawsuits in Hawaiʻi and across the country.

New information is coming to light from studies linking the chemical to serious health problems that include cancer, non-Hodgkin’s lymphoma, infertility and birth defects.

EPA Ban on Chrysotile Asbestos Will Save Lives, Hold Corporations Accountable

After years of tireless work by advocacy groups on behalf of cancer victims, the Environmental Protection Agency (EPA) is finally taking action against asbestos, a dangerous substance known to cause cancer, severe illness and countless fatalities each year.

In March 2024, the EPA took a major step toward protecting Americans from asbestos exposure with a historic ban on a common type of asbestos known as chrysotile. It was the first substantive move to protect Americans from asbestos exposure in decades.

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.

Recognizing Symptoms of Mesothelioma: The Earlier, The Better

According to the American Cancer Society, about 3,000 cases of mesothelioma are diagnosed annually. The current consensus is that mesothelioma is an incurable form of cancer that attacks the mesothelium or lining of certain internal organs.

There are three main types of mesothelioma to watch out for based on the location of the mesothelium affected: pleural mesothelioma, which affects the tissue surrounding the lungs; peritoneal mesothelioma, which attacks the membrane around the stomach; and the last type is located in the lining of the heart, known as pericardial mesothelioma. Each of these forms of mesothelioma has its own targeted set of symptoms to monitor.

While mesothelioma may currently be incurable, it is possible to prolong survival and improve patients’ quality of life by managing their symptoms as long as they catch it early enough. The following addresses the types of the cancer and the question, what are the symptoms of mesothelioma.

  • Pleural mesothelioma’s symptoms such as chest pain, painful coughing or trouble swallowing, and shortness of breath can be expected for a disease that specifically affects lung tissue. Pleural mesothelioma may also come with unexplained weight loss, abnormal lumps on the chest area, or even swelling in the face or arms.
  • Pericardial mesothelioma shares similar symptoms, such as breathing difficulty, irregular heart rhythm, and chest pains due to the location in the chest area.
  • Peritoneal mesothelioma’s symptoms similarly appear linked to the location in the abdomen, which include abdominal pain, swelling in the stomach, nausea, constipation, and unexplained weight loss.
  • Some of the generalized mesothelioma symptoms across all types of the disease that may manifest are fever, excessive sweating, fatigue, blood clots, and loss of appetite.

While many of these symptoms sound incredibly common, especially during a global pandemic that affects the respiratory system, it is crucial to get them checked out by a doctor if you notice any of these warning signs persisting or anything out of the usual. It is imperative to monitor your health for these signs if you have a history of asbestos exposure.

Doctors often arrive at a mesothelioma diagnosis by accident during other routine screenings or X-rays. Although, advancements in health science have revealed that people with mesothelioma have high levels of substances like fibulin-3 and soluble mesothelin-related peptides (SMRPs). Measuring for these substances can be another way to reach an early diagnosis. The best method to catch mesothelioma early is in scenarios where patients can tell their doctors if they have been exposed to asbestos, the toxic fiber with a known causal link to the disease.

However, there are many cases where people are unaware of their asbestos exposure. It can take anywhere from 20 to 50 years for symptoms to manifest after the initial exposure to asbestos. By that time, the cancer has usually spread. Signs including fatigue, chest pain, and weight loss do not typically appear until mesothelioma has already progressed. Pressure on the nerves or other parts of the body typically occurs in stage 3 or 4 mesothelioma cases. Additionally, these symptoms are often misdiagnosed as more common conditions, which can cause further delay. Therefore, it becomes that much more important to pay attention once those symptoms present themselves in order to seek proper treatment as soon as possible.

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 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.

Prevalence of Asbestos & Asbestos Disease in US Pacific Islands

It is well known that for decades asbestos was used worldwide in an overwhelming number of construction and industrial applications, as well as in many consumer products.  Unfortunately, exposure to asbestos can cause debilitating lung diseases, including mesothelioma, an aggressive cancer of the lungs for which there is presently no cure.  Accordingly many organizations have studied where and how asbestos was previously used in an effort to estimate the prevalence of asbestos related diseases.

Asbestos Use and Exposure in US Pacific Islands

I recently read in the International Journal of Occupational and Environmental Health, the World Health Organization (WHO) investigated the past use and potential asbestos exposure in the US Pacific Islands which consists of American Samoa, Commonwealth of the Northern Mariana Islands, Federated States of Micronesia, Guam, the Republic of Marshall Islands, and the Republic of Palau.  The WHO’s Regional Framework for Action for Occupational Health 2011-2015 calls for a collaborative effort in the US Pacific Islands to effectively eliminate the threat of asbestos in today’s society.  Understanding where and how asbestos exposures have occurred is key to this effort.

The data search focused on the environmental presence of asbestos, where potential exposures occur, and related diseases.  Although the data is limited, it is clear that the potential for asbestos exposure in the US Pacific Islands is significantly higher than previously thought for a number of reasons.

Asbestos Use at Shipbuilding Facilities

One of the primary sources of asbestos exposure stems from the fact that shipbuilding facilities were located on some of these islands.  As we know from our own experience in the United States, prior to the mid 1970’s, asbestos was heavily used in the maintenance and repair of ships.  The islands of Guam and the Commonwealth of the Northern Mariana Islands served as active military ports during World War II.  Guam maintained active shipbuilding facilities even after World War II.  Both military and civilian workers at these sites were likely exposed to asbestos.

Data Underestimates Asbestos Disease

Professionals involved with the study concluded that the existing data probably underestimates the actual prevalence of asbestos diseases such as asbestosis and mesothelioma.  This under reporting is a result of substantial gaps in the information regarding asbestos exposure, consumption and disease in the US Pacific Islands.  However, there is sufficient evidence that confirms asbestos is and has been present on these islands for decades.  If this gap in asbestos related data continues, it will hinder the efforts to regulate and reduce the health effects of asbestos.

Asbestos Exposure Cause of Mesothelioma

Asbestos exposure is the cause of mesothelioma, a rare cancer caused by the inhalation asbestos fibers.  Asbestos insulation was heavily used in the construction, repair and maintenance of US Navy vessels. Many asbestos-containing materials were also used in the construction of military and civilian buildings in the 20th century, as asbestos was an excellent fire proofing and insulating material.  As these buildings begin to deteriorate, need repair or are destroyed, the risk of asbestos exposure still remains prevalent in today’s society, including in the US Pacific Islands.

Mesothelioma victims typically do not begin to show symptoms of the disease until 10 to 40 years after the initial exposure.  This latency period in the disease may be hindering countries such as Asia, India and the US Pacific Island in keeping accurate records of asbestos related disease and exposure.  Most people diagnosed with mesothelioma are typically in their 50’s or 60’s and only start to show symptoms in the later stages of the disease.  Sadly, there is currently no cure for this devastating disease.  For this reason prevention and awareness of asbestos is imperative in these countries.

Asbestos Awareness & Prevention

The Galiher Law Firm has been representing victims of mesothelioma for over 30 years.  I have been a strong advocate of the awareness and prevention of this deadly disease.  One of the keys to someday eliminating this terrible disease is prevention of asbestos exposure.  My law firm and I commend the World Health Organization for all of its efforts to raise awareness to prevent and eliminate asbestos from many countries.