Oxaliplatin (Eloxatin) – Mesothelioma Treatment When Pemetrexed (Alimta) and Cisplatin Stop Working

Treatment of malignant mesothelioma has been extremely difficult.  Not only is malignant mesothelioma resistant to most forms of chemotherapy drugs, but even when the mesothelioma tumor responds to the standard protocol of treatment with Alimta (Pemetrexed) and Cisplatin, the malignant mesothelioma eventually becomes resistant to these drugs as well.  It is not known whether the malignant mesothelioma cells mutate to become resistant or whether there are portions of the mesothelioma tumor that were resistant to begin with, which then proliferate once the non-resistant tumor cells are killed by the Pemetrexed and Cisplatin combination.

  Oxaliplatin 2D
Oxaliplatin

In the search for a cure for malignant mesothelioma, researchers are looking at various other chemotherapy drugs that might be used as a secondary treatment protocol to follow the first-line treatment with Pemetrexed and Cisplatin.  One such drug that is being considered is Oxaliplatin, which goes by the trade name Eloxatin.  Oxaliplatin (Eloxatin) was first developed by Dr. Yoshinori Kidani at Nagoya City University in 1976.  Oxaliplatin (Eloxatin) is an alkylating agent that works by causing damage to the DNA of cancer cells.  Other alkylating agents that are used in the treatment of malignant mesothelioma are Carboplatin and Cisplatin.

Oxaliplatin (Eloxatin) and Gemcitabine Tested as a Second-Line Treatment of Malignant Pleural Mesothelioma in a Clinical Trial

On December 18, 2008,  the Journal of Occupational Medicine & Toxicology, published the article entitled Gemcitabine Combined with Oxaliplatin in Pretreated Patients with Malignant Pleural Mesothelioma: An Observational Study.  This paper was based on a clinical trial of 29 patients who were diagnosed with malignant pleural mesothelioma and had been previously treated with Cisplatin and Pemetrexed.  These patients were given a combination of Gemcitabine and Oxaliplatin as a second-line treatment for their malignant pleural mesothelioma.  It was found that when at least three cycles of Gemcitabine and Oxaliplatin were given to these patients in this clinical trial, 6.9% obtained partial remission and another 37.9% achieved stable disease.  This amounted to a malignant pleural mesothelioma control rate of 44.8%.  Just as important, the patients tolerated the treatment well with no significant toxicities or side effects reported in any of the patients.  This drug combination provides great hope and promise in mesothelioma treatment.

New Clinical Trial Using Oxaliplatin (Eloxatin) and Bortezomib (Velcade) in Patients with Malignant Pleural Or Peritoneal Mesothelioma

Columbia University opened a new clinical trial that began recruiting patients with malignant pleural mesothelioma or peritoneal mesothelioma in October 2009 that will use Bortezomib (Velcade) and Oxaliplatin (Eloxatin) for treatment.  To be included in this clinical trial, patients must have received only one prior form of chemotherapy.  Patients who received a combination of Pemetrexed plus Cisplatin or Pemetrexed plus Carboplatin will qualify for this clinical trial.

Recent Survey Leads to Greater Focus on Pain Management for Cancer Victims

In a recent survey, the American Pain Foundation, a non-profit organization dedicated to promoting research for effective pain management, found that a majority of cancer patients experience severe pain even when using pain medications.  As a result, the American Pain Foundation has turned its attention to raising awareness and research into what is known as “breakthrough cancer pain,” which is the sudden and unexpected flare-up of severe pain that can occur even if the patient is on pain relief medication.

The American Pain Foundation’s goal is to improve the quality of life for those in pain by providing information, raising awareness, and promoting research to increase effective pain management.  Breakthrough cancer pain can wake cancer patients from their sleep and affect their ability to do certain activities including routine everyday activities.  Many have also reported that breakthrough pain has raised their daily medical expenses and caused increased visits to the doctor.

In response to the results of its recent survey, the American Pain Foundation will feature papers on the topic in their quarterly news letter.  The organization will also host a web-based seminar, provide tips on pain management, have a roundtable discussion with leading medical experts, and have a dedicated online chat.

Galiher DeRobertis & Waxman Is Committed To Better Care For Cancer Patients

For over 30 years, Galiher DeRobertis & Waxman has represented clients with mesothelioma, lung cancer, asbestosis, and other illnesses that result from asbestos exposure.  We have worked with the families of our clients during difficult times, and as a result of our experience, we are very aware of the emotional, financial and physical impact of these diseases.   We have collaborated with world-renowned researchers, scientists and medical experts.  We have seen the evolution of cancer care over the years, and we are very encouraged by the progress we have made.

We are told by many of our clients’ families that the hardest part is seeing their loved one in pain.  Thankfully, further research continues in clinical trials, laboratories, and hospitals, and the focus on treatment continues to broaden into new areas that aim to provide patients with better comprehensive care.  The research by the American Pain Foundation is one important step toward helping patients better tolerate their medical treatments, thereby improving their quality of life.

Role of Asbestos in the Development of Mesothelioma Studied by IMP Research Team

The fact that asbestos exposure can cause malignant mesothelioma and other asbestos-related diseases is well established.  However, despite years of research, the actual mechanisms by which asbestos fibers cause disease on a cellular level remain unclear.  The International Mesothelioma Program (IMP) research team at the Brigham and Women’s Hospital in Boston continues to investigate the role of asbestos in the development of mesothelioma.  They hope these studies will improve mesothelioma patient treatment and recovery leading to the ultimate goal of finding a cure for this deadly tumor.

Focusing on Asbestos Fibers

Researchers such as John Godleski, M.D. at the International Mesothelioma Program want to answer three basic questions about asbestos in the body and its relationship to mesothelioma.  They want to know what kinds of asbestos fiber are present, how much is there and where those fibers are located.  Using various scientific equipment and innovative techniques including confocal microscopy, chemiluminescence on in vivo or live tissue, and scanning electron microscopy, they are able to answer some of these questions.

Confocal microscopy captures images that are cross-sections of tissue samples.  These two-dimensional slices can be combined to create a three-dimensional volume or model which helps researchers visualize the precise locations of the asbestos fibers in the tissue.  Knowing where the asbestos fibers are located is key to understanding the mechanism of translocation, which is the way asbestos fibers deposited in the lungs are transported to the pleura or lining in the lungs and abdomen.

The amount of reactive oxygenation species or ROS present in a tissue sample can be measured using in vivo chemiluminescence techniques.  High levels of ROS can damage DNA and may be linked to the development of cancers such as mesothelioma.  The IMP research team uses chemiluminescence to determine the timing and location of this important process.

Lastly, when asbestos fibers are identified accurately, the amount of asbestos fibers or fiber burden can be estimated with electron microscopes.  The type of fiber may be compared with the patient’s asbestos exposure history to correlate certain fiber types with the development of mesothelioma.

Possible Implications for Mesothelioma Treatment and Prognosis

One approach to prevent the development of mesothelioma is to try to block, disrupt or alter the process of translocation of asbestos fibers from the lungs to the pleura.  As noted earlier, in vivo chemiluminescence can identify susceptible regions like the lymphatic system involved in the translocation process.  This information could be used to slow down the movement or allow removal of the fibers before they are able to develop mesothelioma in the pleura.

The IMP investigators observed that pleural malignant mesothelioma patients with lower asbestos burdens have a higher survival rate than those patients with the highest burdens.  They discovered an association between asbestos fiber burden and degree of tumor suppressor gene silencing.  Higher asbestos burden corresponded to an increase in epigenetic silencing of tumor suppressor genes in mesothelioma.  This may explain why patients with lower asbestos fiber burden are predicted to have better clinical outcomes.

Need for Asbestos Research Remains

The use of asbestos through the 1980s and later in the United States and long latency means that mesothelioma will affect a significant number of exposed individuals for the foreseeable future.  Ilana Waxman, managing partner of Galiher DeRobertis & Waxman, a law firm that has represented mesothelioma patients for more than 30 years, agrees with the International Mesothelioma Program researchers that “additional studies of the role of asbestos in the development of mesothelioma are necessary and will help improve treatment and prognosis of this deadly cancer.”

Understanding the Stages of Mesothelioma at M. D. Anderson Cancer Center

Because mesothelioma is a relatively rare form of cancer, it is often difficult to diagnose and treat.  Fortunately, researchers all over the country are working hard to improve our understanding of the disease in order to develop better treatments, and ultimately a cure for this terrible disease.

At the Mesothelioma Program at M. D. Anderson Cancer Center at the University of Texas, a team of multidisciplinary scientists and physicians have made significant strides in developing more accurate methods of surgical staging for malignant pleural mesothelioma.  “Staging” is the medical term for the process of determining the extent to which a tumor has spread through the body.

Proper Staging of Mesothelioma Essential to Treatment

M. D. Anderson’s team of more than 30 physicians have worked together to develop an innovative surgical staging process that helps them properly assess and describe the extent of the disease.  This is crucially important, because mesothelioma must be properly staged before a patient begins treatment in order to provide the most effective therapy.  For example, surgical procedures such as extrapleural pneumonectomy (EPP) are can be very effective for a patient in the early stages, but are generally not recommended for patients in the later stages.

Initially, staging is usually done through radiographic imaging, such as a CT scan, an MRI, and/or a PET scan.  Doctors may also use serum mesothelin blood tests to measure certain proteins that are secreted by mesothelioma tumors.  These tests may also be confirmed by biopsy or thoracentesis.

Surgical Staging Also Required Before Surgery

However, these methods are not entirely accurate.  As a result, all patients who undergo surgery at M. D. Anderson also undergo a thorough surgical staging to ensure the mesothelioma has not spread to the lymph glands or abdomen.  This is done through a minimally invasive laparoscopic procedure, usually on an outpatient basis.

According to Dr. Anne Tsao, Director of the Mesothelioma Program, this surgical staging is crucially important to make sure that the patient is a viable candidate for surgery.  Dr. Tsao explained that, “the reason why it’s so hard to treat is often times people have more extensive disease than what we initially realize from the radiographic imaging.  So here at M. D. Anderson before we make the patient undergo a very large surgical procedure, we have to do a smaller surgery that stages the patient to be sure that they’re a correct candidate for that surgery.”

Attorneys Recognize Important Strides Toward Improved Treatment

Galiher DeRobertis & Waxman has a 30 year history of representing clients with mesothelioma.  Our attorneys and staff have seen firsthand the devastating effect of this disease on patients and their families.  Attorney Richard DeRobertis says, “We salute the physicians and researchers at M. D. Anderson who are making important strides toward improving the treatments for mesothelioma and giving patients real hope for a cure.”

10th International Conference of the International Mesothelioma Interest Group Held In Kyoto, Japan

The International Mesothelioma Interest Group (iMig) is an organization composed of  health professionals and researchers who have an interest in malignant mesothelioma.  From August 31, 2010 to September 3, 2010 iMig held its 10th International Conference at the Kyoto International Conference Center in Kyoto, Japan.  The conference was hosted by Hyogo College of Medicine, with Dr. Takashi Nagano serving as the conference chair.  There were 14 educational lectures and over 30 keynote lectures by doctors and researchers from around the world who specialize in mesothelioma.  Membership in iMig was not required to attend the conference, although certain workshops were not open for everyone’s participation.

Some of the Educational and Keynote Lectures

Dr. David Sugarbaker, thoracic surgeon at the International Mesothelioma Program (IMP) at Brigham and Women’s Hospital in Boston, Massachusetts, lectured on Extra Pleural Pneumonectomy (EPP) and Intraoperative Heated Chemotherapy.  His brother, Dr. Paul Sugarbaker, who is the director of Surgical Oncology at the Washington Cancer Institute in Washington, D.C., spoke on his specialty, Peritoneal Mesothelioma.  Another noteworthy United States surgeon, Dr. Harvey Pass, who is chief of Thoracic Surgery and Thoracic Oncology of the Department of Cardiovascular Surgery, New York University School of Medicine and Comprehensive Cancer Center, presented a lecture entitled Surgical Approach; Thoracoscopy and Video-Assisted Thoracoscopic Surgery (VATS).

International speakers included Dr. Luciano Mutti of Italy who lectured on New Pathways and Molecular Targeted Therapy.  Dr. Mutti has published papers on malignant mesothelioma with Dr. Giovanni Gaudino, a researcher at the Cancer Research Center of Hawai‘i (CRCH).  Dr. Takeharu Yamanaka of Japan presented a lecture on Biostatistics for Mesothelioma Clinical Trials.  Dr. Christopher Lee from Canada lectured on Maintenance Therapy; Transitioning From 1st-Line Cisplatin Plus Pemetrexed Treatment in Malignant Pleural Mesothelioma (MPM).

There were a number of other international lecturers who spoke on topics that ranged from the early detection to molecular oncogenesis to the most current treatment options of malignant mesothelioma.

2010 Asbestos Conference on Laboratory Issues

On January 28-29, 2010, the ASTM (American Society for Testing and Materials) Committee D22 on Air Quality sponsored the Michael E. Beard Asbestos Conference 2010:  Laboratory Issues.  This year’s conference, held in San Antonio, Texas was named in honor of Michael E. Beard (1940-2008) who served as Chair of ASTM International Subcommittee on Sampling and Analysis of Asbestos for many years.  This committee is responsible for developing methods for monitoring asbestos  in different materials and has hosted six conferences on these issues at Johnson State College and the University of Vermont, beginning in 1986.  Mr. Beard was a long-time supporter and organizer of the ASTM International Johnson Conferences on asbestos.

Presentations at this conference focused on asbestos issues as they relate to people working in laboratories, users of analytical data, as well as those who interpret the results of laboratory investigations.  The conference showcased some of the most recent investigations and included discussions of new ideas and interpretation of the data.

Conference Highlights

The conference agenda highlighted four areas of interest for scientists and laboratories studying asbestos exposure, including:

1.    Analysis of soil and other media

2.    Quality assurance, training, and inter-laboratory studies

3.    Definitions of asbestos, cleavage fragments and NOA (naturally occurring asbestos) considerations

4.    Issues of laboratory interactions with NVLAP (National

Voluntary Laboratory Accreditation Program), assessors and government agencies

These issues are relevant not only to people diagnosed with asbestos-related diseases such as mesothelioma, lung cancer and asbestosis and the medical teams treating them, but to commercial interests and government regulators too.  Researchers from the Environmental Protection Agency (EPA), National Institute of Occupational Health and Safety (NIOSH), and New York State Department of Health were among the scheduled speakers.

Test for Detecting Asbestos in Vermiculite

A presentation on a possible new method for detecting asbestos in Vermiculite attic insulation could help homeowners who may have this material in their houses.  This asbestos-containing product was mined at W.R. Grace’s mines in Libby, Montana and distributed nationally.  Another presentation explains a technique to distinguish sepiolite from chrysotile used in industrial gasket materials.  Lastly, there was a presentation on a new ASTM draft method for fibers in floor tiles.

Three Presentations by James Millette, Ph.D.

One of the symposium’s co-chairs, James Millette, Ph.D., made three presentations.  The first topic covered the analysis of soil and other media, the second was an overview of a method to analyze talc for asbestos, and the third discussed the practical aspects of cleavage fragment and asbestos determination.  The law firm of Galiher DeRobertis & Waxman has worked with Dr. Millette and many other distinguished experts to investigate claims of people injured by exposure to asbestos and asbestos-containing products

Dr. David Sugarbaker Shares Mesothelioma Treatment Strategies with Doctors and Lawyers

Dr. David Sugarbaker, the founder and director of the International Mesothelioma Program (IMP), exudes confidence and optimism as he talks about his state-of-the-art treatment for mesothelioma patients.  His attitude and his team’s groundbreaking work in the treatment of malignant mesothelioma have changed the outlook and lives of many patients.  Last year Dr. Sugarbaker and his team at the IMP operated on more than 160 patients, yet Dr. Sugarbaker still takes the time to share his surgical techniques with both lawyers and doctors.

Sharing With Lawyers

Last November Dr Sugarbaker was in Miami at the “Asbestos Medicine” conference sponsored by the Defense Research Institute sharing his enthusiasm and latest surgical techniques with over 1200 lawyers.  Dr. Sugarbaker is the Chief of Thoracic Surgery at Brigham & Women’s Hospital in Boston and the Director of the IMP.  At this asbestos medicine seminar, he talked about the history of the IMP with attorneys from Galiher DeRobertis & Waxman, which has represented hundreds of mesothelioma families for over 30 years.

According to Dr. Sugarbaker, the project began in 2002 to deal with the ever increasing number of mesothelioma cases occurring worldwide.  It is designed to function at three levels.  First and foremost, the IMP provides patient care and treatment.  Hand in hand with that comes support for patients and their families.  Last but far from least, the IMP focuses on mesothelioma research that will ultimately lead to a cure for this devastating disease.

Although there presently is no cure for mesothelioma, the vision of the IMP is to provide state-of-the-art treatments that extend the lives of mesothelioma patients.  As Dr. Sugarbaker told our attorneys, “The purpose of the IMP can be summed up in seven words: ‘Quality life extension leading to a cure.’”

During his presentation, Dr Sugarbaker used graphic slides to illustrate his cutting edge surgical techniques designed to extend the quality of the patient’s life.  Since 1988 when Dr. Sugarbaker established a Thoracic Division at Brigham & Women’s Hospital, the surgical treatment options for mesothelioma have improved and expanded.  Today Dr. Sugarbaker’s multimodality approach offers patient’s a better chance for prolonged survival.  Dr. Sugarbaker’s technique includes surgery in which he removes either the diseased pleura or the lung and the pleural.  After the surgery, Dr. Sugarbaker injects heated chemotherapy solutions directly in to the chest.  Research has shown that this increases the effectiveness of the chemotherapy drugs.  This solution kills the residual tumor at the surgical margins and any malignant cells that may have been shed during the surgery.  For many patients, this surgical procedure has lead to a longer life.

Presentation for Doctors at International Conference

Dr. Sugarbaker is also spreading his word internationally.  He will be making a presentation in Kyoto, Japan in August about the surgical techniques at a conference sponsored by the Intentional Mesothelioma Interest Group.  This presentation will include a description of an extrapleural pneumonectomy (EPP) operation that is followed by intra-operative heated chemotherapy.

Dr. Sugarbaker will explain how he has assembled at the International Mesothelioma Program as impressive team of health professionals, including surgeons, oncologists, epidemiologists, pathologists, statisticians, and clinicians, all focused on finding the best treatments and ultimately a cure for mesothelioma.

Spreading the Word Even Further

After hearing about Dr. Sugarbaker’s groundbreaking surgical techniques, Attorney Ilana Waxman, managing partner of Galiher DeRobertis & Waxman, is anxious to spread the word about the treatment options offered by Dr. Sugarbaker to his clients who suffer from mesothelioma and the doctors who treat them.  In Waxman’s words, “Dr. Sugarbaker offers a degree of optimism to the families who face the devastating effects of this disease.  I wish these treatment options had been available to all of the mesothelioma patients we have represented over the past 30 years.”

Dr. Sugarbaker’s dedication to his work is obvious and his optimism is infectious. It was all reflected in his parting words, “One thing I can guarantee any patient who sees me is hope.”

The Extraordinary Story of the USS Flier Continues

USS Flier SS-250
USS Flier SS-250

During World War II, the submariners of the U.S. Pacific Fleet  faced great danger.  In fact, nearly 22 percent of submariners were lost in World War II.  Of the 288 submarines deployed in the Atlantic and Pacific, 52 were lost.  All but four were lost in the Pacific war zone.

Today, explorers continue to search for these boats that disappeared.  The various discoveries of these lost or missing vessels have answered many questions about these submarines and, as a result, families who lost loved ones aboard the boats can finally feel a sense of closure.  The USS Flier SS-250 is the fifth U.S. submarine to be discovered since 2005.

A Brief History Of the USS Flier

The USS Flier was laid down on October 30, 1942 and was commissioned on October 18, 1943.  She was a Gato class submarine and was the only boat in the United States Navy to be named after the flier, a well-known round sunfish.

On August 12, 1944, while on her second war patrol to the coast of Indochina, the USS Flier struck a mine and began to sink immediately.  Seventy-eight men died in the tragic incident, and only eight men survived.

Recent Discoveries

In the spring of 2009, a team from YAP Films located the wreckage of USS Flier.  According to the Navy, Mike and Warren Fletcher, a father and son team of divers from the television show Dive Detectives, took the first footage of the submarine and provided it to the Naval History and Heritage Command to confirm the identification.

On February 1, 2010, the U.S. Pacific Fleet submarine force confirmed that the submarine found in the Balabac Strait is the USS Flier that was lost in World War II.  The Balabac Strait is located in the South China Sea between the Philippines and the islands of Borneo.

Galiher DeRobertis & Waxman Continues to Help U.S. Veterans

Galiher DeRobertis & Waxman has represented many men who served or worked on submarines during their repairs at Pearl Harbor Naval Shipyard and at other shipyards such as Hunters Point Naval Shipyard, Mare Island and Puget Sound.   Although they did not realize the danger at the time, our clients were exposed to deadly asbestos dust.  Many shipyard workers and U.S. Veterans were put at risk for developing mesothelioma, lung cancer, and other asbestos-related diseases as a result of the toxic asbestos on board.

Through our work, we have had the pleasure of meeting and representing many U.S. Veterans who have served on submarines during WWII, the Vietnam War, the Korean Conflict, and the Cold War.  We have listened to their stories and have been greatly moved by their dedication and sacrifice.  The discovery of the USS Flier in Southeast Asia clearly demonstrates that the brave sailors and their families faced untold hardship as they gave their lives in service of our country.

The USS Indianapolis Lives On

USS Indianapolis CA-35
USS Indianapolis (CA-35)

It was Larry Sharpe’s dream to build an accurate model of the USS Indianapolis CA-35, a Navy cruiser sunk in action two weeks before the end of World War II.  This event marked the greatest single loss of life at sea in the history of the U.S. Navy.  Larry’s dream remained unfulfilled when he died unexpectedly in January, 2006.  Happily, his dream came to fruition last month as the completed model was presented as a tribute to the service and sacrifice of her crew members.

Larry’s Dream Fulfilled

After his death, the partially finished model of the USS Indianapolis sat untouched in Larry Sharpe’s garage where the walls were covered with blueprints of this cruiser.  Larry was a 28-year veteran of the U.S. Navy and an admirer of the men who lived and died on the Indianapolis.  His model was to honor those who died in this tragic attack.  Another woodworker in Lizton, Indiana tried to complete the model, but he was unable to do so.

Undaunted, Larry’s wife, Diane Sharpe, was determined to see the model of the USS Indianapolis completed.  Last April, she loaded up the pieces of the 17-foot model and carried them in a box truck to the home of Harry Powell, a member of the Fleet Reserve Association, Memorial Branch 130.  Mr. Powell was also a Navy veteran and shared Larry’s enthusiasm for the USS Indianapolis.  Two months later the model of the USS Indianapolis that Larry started in 2005 was finally completed and unveiled last month.  Larry’s dream had been fulfilled.

Noteworthy Place in Naval History

The USS Indianapolis holds a great, and tragic, place in naval history.  She was commissioned in 1932 and received 10 Battle Stars for her exceptional service in World War II.  As the war was nearing an end, the USS Indianapolis was called upon to perform a special mission.  She departed San Francisco on July 16, 1945, and ten days later arrived at Tinian Island delivering parts and uranium for the first atomic bomb, nicknamed “Little Boy,” that was later dropped on Hiroshima.  The cruiser was then ordered to Leyte Bay in the Philippine Sea to prepare for the invasion of Japan.  The USS Indianapolis left 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, almost 600 crewmen perished as they floated in the shark- infested waters for four days.  Only 316 men survived the ordeal.

Controversy surrounded this sinking.  Captain McVay was given a court-martial by a hastily convened tribunal, but later he was exonerated and returned to active duty.  Whatever the actual circumstances were, this was a sad and tragic day for the U.S. Navy.

Asbestos Use on Navy Cruisers

The USS Indianapolis, like other Navy ships, held many dangers for the men who served on them.  Literally tons of asbestos insulating products were used to construct the USS Indianapolis and other Navy cruisers, battleships, and destroyers.  The shipyard workers at New York Shipbuilding who built the USS Indianapolis were exposed to the asbestos dust generated from this massive amount of asbestos insulation.  Other shipyard workers were exposed to asbestos as the USS Indianapolis underwent overhaul and repair at various shipyards.

Because of the asbestos use on Navy ships, the crewmen who served on the USS Indianapolis were exposed to the asbestos insulation on a daily basis as they maintained and operated the machinery and equipment that was covered with asbestos.  Each time the asbestos insulation was installed and removed to allow for repairs, millions of hazardous asbestos fibers were released into the air.  Asbestos exposure would also occur as the fibers became airborne from ship vibration and when the ship’s main guns were fired.

Thousands of shipyard workers and Navy seamen who worked on Navy cruisers were exposed to asbestos dust and the dangerous health risk associated with that exposure including the risk of contracting mesothelioma.  Galiher DeRobertis & Waxman has represented many veterans who served on Navy cruisers and other warships.  Their exposure to asbestos on these ships was the cause of their mesothelioma.

If you believe that you were exposed to asbestos in the Navy, you should be sure to inform your physician and have regular physical exams.

US “Exports” Asbestos Hazards To India

Toxic asbestos insulating products are no longer used in the construction of U.S. Navy or commercial ships, but the hazards of asbestos live on.  Hundreds of Navy and commercial ships built in the United States prior to the mid 1970s incorporated toxic substances, including polychlorinated biphenyls (PCBs), lead, and asbestos, that must be carefully handled when these ships are dismantled for scrap recycling at the end of their useful lives.

The stakes are high in the ship breaking industry.  A single ship can be worth $5 million in scrap steal and there are the many subsidiary businesses that thrive on the dismantling of the various parts of the ship, including its furniture, fittings and machinery.  There was a substantial ship breaking business in the U.S., but strict regulations regarding the disposal of hazardous substances have lead some ship owners to circumvent these requirements and send their ships to foreign ship breaking yards.

Reportedly half of the ships from around the world that need to be dismantled end up in Alang, a town in the state of Gujarat, India, known as the center of India’s ship breaking industry.  Significant controversy has surrounded the Alang yards related to the hazardous working conditions, the poor living conditions, and the environmental impact related to the ship breaking industry.  Nevertheless ship owners continue to go to extremes to have their ships dismantled there.

SS Independence Laden With Toxic Materials Reaches Alang


SS Independence

One of the most recent instances involves a well-known luxury liner, the SS Independence that was built in 1951 at the Bethlehem Quincy Shipyard in Massachusetts.  She operated for many decades as a cruise ship and spent the last part of her life sailing in the Hawai‘ian Islands.  After her owners declared bankruptcy in 2001, she was moth balled in San Francisco Bay at Pier 70.  In February 2008, however, she was towed away amid speculation that she was headed to Alang, India to be dismantled.

Environmental groups that keep a watchful eye on old ships containing hazardous materials did not let this situation go unnoticed.  Claims were made by the Basel Action Network (BAN), an organization that campaigns against the illicit movement of hazardous waste, that this ship never should have been allowed to leave San Francisco because the export of the PCB-ladened ship was illegal under the Toxic Substances Control Act (TSCA).  The 18,500 ton former luxury liner reportedly had 210 tons of PCBs and 250 tons of asbestos as part of its construction materials.

Notwithstanding intervention by the Environmental Protection Agency, the ship ultimately reached Alang under a new name, SS Platinum II.  Claims were made that the ship had reached Alang with a falsified flag and ship registry.  In response to complaints concerning the presence of hazardous materials, the SS Platinum has been left anchored in the harbor while investigations continue to look into into the toxic substances aboard.  Recent reports indicate, however, that the SS Platinum may be allowed into Alang for dismantling, contributing further the hazards associated with the disposal of toxic materials.

High Incidence of Asbestosis in Alang

Although ship breaking may provide much needed jobs in India, these monetary gains come at a very high cost to both workers and the environment.  In South Asia, workers dismantle ships with hand tools and without strict regulations in place to prevent their exposure to hazardous substances, including asbestos.  According to attorney Gary Galiher, who has handled cases involving asbestos-related diseases for over 30 years, the impact is predictable and devastating:

Given the quantities of asbestos incorporated into these ships when they were built, these unprotected workers are being exposed to high quantities of asbestos dust.  We know this will lead to asbestos-related diseases, including asbestosis, lung cancer, and mesothelioma, a rare and fatal lung cancer.  It is a travesty that the western industrial world is exporting the hazards of asbestos to other countries that have yet to put into place the needed protections to ensure workers do not become sick.

A 2006 report by a panel appointed by India’s Supreme Court confirmed what attorney Gary Galiher predicts.  They found that one in six workers at Alang had signs and symptoms of asbestosis, a scarring of the lungs caused by breathing asbestos.  Although the Supreme Court’s report called for reforms in working conditions at Alang, the work at this ship breaking yard goes on.  Ship owners continue to export their asbestos hazards to India and to expose uninformed and unprotected workers to this deadly hazard.