Trump Administration Is Trying to Take Away Your Legal Rights

A range of proposed changes to the civil justice system under the Trump administration would threaten the rights of plaintiffs in personal injury cases; deprive US citizens of their Seventh Amendment right to a trial by jury; and make it far more difficult for individual workers and consumers to hold large corporations accountable in court.
Most concerning, the agenda could include a series of restrictive and invasive procedures and litigation requirements for clients in class actions, pharmaceutical cases, and asbestos cases. The proposed legislation would require that trusts established to fund asbestos claims would be required to report any payments made to plaintiffs, putting personal and financial information at risk. A push to make it harder for plaintiffs to keep cases in state courts would also infringe on the rights of personal injury plaintiffs.

We encourage all citizens to pay attentions to these developments and let your representatives know your opinions on them.

Beautiful Hawai‘i Can Be Deadly

While Hawai‘i is home to some of the best weather and most scenic beauty on the planet, it also has its share of spots where the forces of nature can collide to create extremely unsafe conditions for residents and visitors alike.  As one of Hawai‘i’s leading personal injury law firms, we want to help share knowledge of these locations to help keep both residents and visitors safe.

Kipu Falls in east Kauai is one such spot.  Though the flowing waters are beautiful — and inviting — five deaths in five years make entering them a risk not worth taking.  The falls are closed now with barriers to entry, but trespassing still occurs. We respectfully advise all to risk neither the injury nor the fine that entering these waters could incur.

Ilana Waxman Addresses National Asbestos Conference

Attorney Ilana Waxman, managing partner of Galiher DeRobertis & Waxman, has been selected to address a national audience of experts at the 7th annual Cutting-Edge Issues in Asbestos Litigation Conference on March 6 and March 7, 2017, at the Beverly Wilshire.

The prestigious conference draws hundreds of the top litigators in the asbestos and toxic tort fields. Waxman will speak on a a panel titled: The Long Tail of Discovery Obligations: What Are the Current Ethical Responsibilities of Litigants and Their Attorneys? Find more information at GaliherLaw.com.

75 Years Ago, a Landmark for Pearl Harbor Shipyard Workers

As we remember last month’s 75th anniversary of the historic attack on Pearl Harbor, let’s not forget the Pearl Harbor shipyard workers, whose struggle followed. The heroic efforts of the Pearl Harbor Navy Yard, assisted by tenders and ships’ crewmen, put the following ships back to sea in a little over two months: battleships Pennsylvania, Maryland, and Tennessee; cruisers Honolulu, Helena, and Raleigh; destroyers Helm and Shaw, seaplane tender Curtiss, repair ship Vestal and the floating drydock YFD-2. All were in active duty by mid-1942.

Other members of fleet were damaged to the point of near total loss. These were stripped for serviceable machinery, equipment and especially weapons. The work was vital to America’s national interest, but also dangerous to all involved. During the war years, as well as for many decades that followed, exposure to asbestos could be part of the daily ship repair work. This is why even until the present day, the Pearl Harbor shipyard continues to be the source of exposure for many cases of mesothelioma in Hawai‘i.

Promising New Methods of Mesothelioma Detection

Scientists are continuing to develop new methods of treating mesothelioma, and looking for improvements to existing treatments such as chemotherapy and surgery. Their innovations are advancing care practices not only of mesothelioma, but of cancer in all its forms.

Detection is another relevant area of research that still has room to advance. Mesothelioma is typically diagnosed at an advanced stage, which makes it more difficult to treat. Breakthroughs in this area will give those afflicted a better chance to fight their illness.

Researchers are currently experimenting with a few new techniques to identify this deadly disease in its earlier stages. While the science has not yet produced final tests, several experiments have shown promising results that bring us that much closer to breaking through.

Mesothelioma Breath Test

One of these methods under development uses a fairly simple breath test. A Belgian research team has published a paper in the Journal of Breath Research that demonstrated an 87% rate of accuracy in detecting malignant pleural mesothelioma—the most common type of asbestos-related cancer, which comprises roughly 80% of mesothelioma cases.

The researchers were able to distinguish between asbestos workers who had no sign of any disease from workers who had already developed mesothelioma. This test is known as multicapillary column/ion mobility spectrometry (MCC/IMS), and is frequently employed in the detection of other dangerous matter inhaled in a variety of occupations.

The MCC/IMS test has a distance to go before it will be ready as a method of mesothelioma diagnosis, but as the research paper concludes it “holds promise for further investigation as a screening tool for former asbestos-exposed persons at risk of developing MPM.”

Mesothelioma Detection Using Exosomes

Minuscule substances known as exosomes are naturally occurring in the bloodstream, created during the formation of new cells. Exosomes contain materials from the cells that create them, which includes proteins and RNA. Thus, exosomes can be used in the detection of various forms of cancer. Because they pass through the kidney into urine, a urine test could be used to detect these cancers.

Dr. David W. Greening published a study in Scientific Reports to determine whether exosomes could be reliably used to detect mesothelioma. With proven methods of detecting ovarian and prostate cancers as a basis, Dr. Greening led a team study of mesothelioma cells to model and analyze what types of exosomes the cells produce.

This study did not conclusively demonstrate that exosomes could be used to detect mesothelioma, but the researchers are optimistic about further study. Comprehensive analysis of exosomes “could represent potential specific diagnostic targets for factors of MM origin.”

HMGB1

Finally, and probably the most promising of all, is the recent discovery that the high-mobility group box 1 (HMGB1) protein is a biomarker of cancer. As such, it can be measured (through a blood test) to detect the presence of cancer.

HMGB1 gives much more accurate and sensitive results than other currently existing techniques, which makes it an exciting prospect for researchers who want to apply it to mesothelioma diagnosis. Because asbestos-damaged cells produce HMGB1, it is present in higher amounts in people who have developed mesothelioma. Not only that, but the researchers’ tests also identified patients who had been exposed to asbestos but had yet to develop mesothelioma.

If these tests make it into clinical use, it will be exciting news for people who have been exposed to asbestos, as their exposure will be identifiable and monitored for the progression of asbestos-related illnesses, helping them and their medical team in potential health battles to come.

Early Diagnosis Still on the Horizon

Early mesothelioma diagnosis is still an area of active research, and these new techniques are still under development. If any of them are successfully developed, it will take years more of research and trials before they are put into clinical use.

Nevertheless, a reliable way to detect mesothelioma early on will improve patients’ chances to stop the disease before it can spread, and so the research must go on. Mesothelioma is very often caught in late stages, which is a major part of why it is so lethal. The prospect of early detection makes us hopeful that those diagnosed will go on to live much longer and healthier lives.

Promising New Methods of Mesothelioma Diagnosis

Scientists are researching new methods of treating mesothelioma, as well as looking for improvements to existing treatments such as chemotherapy and surgery. Their innovations are advancing care practices not only of mesothelioma, but of cancer in all its forms.

Diagnosis is a relevant area of research that still has room to grow. Mesothelioma is typically diagnosed at an advanced stage, which makes it more difficult to treat. Breakthroughs in this area will give those afflicted a better chance to fight their illness.

Researchers are currently experimenting with a few new techniques to identify this deadly disease in its earlier stages. While the science has not yet produced final tests, several experiments have shown promising results that bring us that much closer to breaking through.

Mesothelioma Breath Test

One of these methods under development uses a fairly simple breath test. A Belgian research team has published a paper in the Journal of Breath Research that demonstrated an 87% rate of accuracy in detecting malignant pleural mesothelioma—the most common type of asbestos-related cancer, which comprises roughly 80% of mesothelioma cases.

The researchers were able to distinguish between asbestos workers who had no sign of any disease from workers who had already developed mesothelioma. This test is known as multicapillary column/ion mobility spectrometry (MCC/IMS), and is frequently employed in the detection of other dangerous matter inhaled in a variety of occupations.

The MCC/IMS test has a distance to go before it will be ready as a method of mesothelioma diagnosis, but as the research paper concludes it “holds promise for further investigation as a screening tool for former asbestos-exposed persons at risk of developing MPM.”

Mesothelioma Detection Using Exosomes

Minuscule substances known as exosomes are naturally occurring in the bloodstream, created during the formation of new cells. Exosomes contain materials from the cells that create them, which includes proteins and RNA. Thus, exosomes can be used in the detection of various forms of cancer. Because they pass through the kidney into urine, a urine test could be used to detect these cancers.

Dr. David W. Greening published a study in Scientific Reports to determine whether exosomes could be reliably used to detect mesothelioma. With proven methods of detecting ovarian and prostate cancers as a basis, Dr. Greening led a team study of mesothelioma cells to model and analyze what types of exosomes the cells produce.

This study did not conclusively demonstrate that exosomes could be used to detect mesothelioma, but the researchers are optimistic about further study. Comprehensive analysis of exosomes “could represent potential specific diagnostic targets for factors of MM origin.”

HMGB1

Finally, and probably the most promising of all, is the recent discovery that the high-mobility group box 1 (HMGB1) protein is a biomarker of cancer. As such, it can be measured (through a blood test) to detect the presence of cancer.

HMGB1 gives much more accurate and sensitive results than other currently existing techniques,  which makes it an exciting prospect for researchers who want to apply it to mesothelioma diagnosis. Because asbestos-damaged cells produce HMGB1, it is present in higher amounts in people who have developed mesothelioma. Not only that, but the researchers’ tests also identified patients who had been exposed to asbestos but had yet to develop mesothelioma.

This is big news for people who have been exposed to asbestos, as tests like this can be identified and monitored for the progression of asbestos-related illnesses, helping them and their medical team in potential health battles to come.

Early Diagnosis Still on the Horizon

Early mesothelioma diagnosis is still an area of active research, and these new techniques are still under development. If any of them are successfully developed, it will take years more of research and trials before they are put into clinical use.

Nevertheless, a reliable way to detect mesothelioma early on will improve patients’ chances to stop the disease before it can spread, and so the research must go on. Mesothelioma is very often caught in late stages, which is a major part of why it is so lethal. The prospect of early detection makes us hopeful that those diagnosed will go on to live much longer and healthier lives.

7 Things You Should Know About Asbestos

health-problems

1. Breathing high levels of asbestos fibers causes serious health problems.

Asbestos is set of six fibrous, naturally occurring minerals, which have been mined from the Earth for several thousand years. Inhalation of asbestos fibers can cause serious illness such as lung cancer; mesothelioma, a cancer of the lining of the chest and the abdominal cavity; and asbestosis, in which the lungs become scarred with fibrous tissue.

 

legal

2. Asbestos is still legal in the United States.

In 1989, after a comprehensive 10-year study of the effects of asbestos, the U.S. Environmental Protection Agency ordered a phase-out of asbestos and a ban on many products containing it. The asbestos industry took the EPA to court and in 1991, won a ruling from the U.S. Court of Appeals for the Fifth Circuit throwing out most of EPA’s rule. Ever since, EPA has been hamstrung in its efforts to ban not only asbestos but also other dangerous materials. Today, more than 50 other nations have banned the substance, but the U.S. continues to allow industry to expose the public to asbestos.

 

asbestos_mortality

3. Asbestos kills more people than skin cancer.

Asbestos-related disease kills as many as 15,000 Americans a year, according to EWG Action Fund’s analysis of data complied by U.S. Centers for Disease Control and Prevention.

 

exposure

4. No safe level exists for asbestos exposure.

The U.S. Occupational Safety and Health Administration warns employers and workers that there is “no ‘safe’ level of asbestos exposure for any asbestos fiber.” Even a single brief asbestos exposure can cause mesothelioma or other major illness.

 

everywhere

5. Asbestos is all around you.

While we are all exposed to trace amounts of asbestos in the air, far more asbestos has been used in man-made environments than is necessary. An EWG Action Fund analysis of federal trade records shows that more than 8.2 million pounds of raw asbestos and hundreds of pounds of asbestos waste and products containing asbestos arrived in U.S. ports between 2006 and last year. More asbestos arrived overland from Canada and Mexico.

 

time

6. Symptoms may not become apparent until long after exposure.

Asbestos-related illnesses often take 20 or 30 years to present symptoms. If you have any of the following symptoms, you should consult your doctor:

  • Shortness of breath.
  • A cough or a change in cough pattern.
  • Blood in the fluid coughed up.
  • Pain in the chest or abdomen.
  • Difficulty in swallowing or prolonged hoarseness.
  • Significant weight loss.

 

dont-touch

7. The best thing to do is to leave asbestos-containing material that is in good condition alone.

If you find asbestos-containing material, don’t disturb it. Removing it requires gear that protects against hazardous materials, and should be done by qualified professionals. It’s very often safer just to leave the material in place, if it does not present a likely risk of exposure.

Sources: The Environmental Protection Agency, AsbestosNation/Environmental Working Group

New Rules Show Tides Turning Against Forced Arbitration

In a blow to Wall Street today, the Consumer Financial Protection Bureau proposed new rules that would give customers back the right to file class-action lawsuits against financial firms.

The rules seem certain to take effect because they are not subject to congressional approval. When implemented, they would apply to bank accounts, credit cards, and other types of consumer loans.

Under the new rules, lenders would not be able to force customers to agree to mandatory arbitration that prevents class-action lawsuits when those customers sign up for financial accounts. The rules would overturn decades of machinations by the credit card companies, banks and other lenders to deny their clients a fair day in court through the fine print of the agreements they sign. Lacking the right to band together in a lawsuit, most claims never make it to arbitration.

Because no federal database tracks arbitration, The New York Times created one in a yearlong investigation which found that entering arbitration was rare without the possibility of class-action.

We have covered arbitration on our blog previously, and are much in favor of the new proposal. The rules will be a step in the right direction toward protecting the consumer from harmful, one-sided practices.

In fact, we would like to see the law taken further, to provide people with protection from being coerced into forced arbitration agreements and preservation of their right to file lawsuits. According to the Wall Street Journal, “The Centers for Medicare and Medicaid Services is considering restricting arbitration clauses in long-term care facility contracts.” We hope to see such restrictions enacted soon, to give elders a much-needed line of legal defense in an industry rife with abuse and negligence.

39 People Die in Hawai‘i from Asbestos Every Year

Asbestos Nation, part of the Environmental Working Group’s Action Fund, has found that 589 people died in Hawai‘i due to asbestos-related illnesses between the years of 1999-2013, an average rate of 39 deaths annually, in a study of asbestos deaths in all fifty states.

These figures include estimates of the number of deaths from lung cancer caused by asbestos exposure. Analysis in a study published in 2012 by scientists at the International Agency for Research on Cancer, part of the United Nations’ World Heath Organization, suggests that there are 3.2 to 4 lung cancer deaths in the U.S. for every mesothelioma death among individuals exposed to asbestos. More information about the EWG statistical methods are available here.

asbestos-related-deaths-in-hawaii Source: AsbestosNation.com / Environmental Working Group Action Fund

The widespread belief that asbestos is a problem of the past is a dangerous myth, and common misconceptions about asbestos today are no accident. Corporate interests spend millions upon millions of dollars to manufacture junk science and disinformation campaigns that claim asbestos does no harm. It is part of a strategy to sway courts in their favor, against victims whose lethal asbestos exposure came from their products.

A recent exposé by The Center for Public Integrity found that Ford has recently spent $40 million to reshape asbestos science “to change the narrative on the risks of asbestos brakes.” Ford is one of many auto manufacturers that had knowledge of the life-threatening dangers of using asbestos in brakes, many years before switching to metal and carbon materials. In Ford’s case, their own unpublished study in 1968 indicated the potential harm, yet they did not phase asbestos out completely from their brakes until the mid-1990s.

With so much investment in covering up the truth, it’s clear that asbestos still causes great harm—and that it is still a major liability for companies that put their workers in harm’s way.

Ford’s fabrications are merely the tip of the iceberg. For more, please read our article about how the Asbestos Industry Suppressed and Altered Medical Research, and tune in to our podcasts on Asbestos & Your Health w/ Cynthia Davis and the criminal way Traveler’s Insurance denied ever selling asbestos products in Hawai‘i.

The Gary Galiher Law Hour — Episode 7: The Traveler’s Episode

Lies & Fraud Abounding

In today’s show, we hear the story of a company’s willingness to lie in service of profit. Tune in, and learn about how Galiher DeRobertis & Waxman forced them to show the documents they didn’t want people to see. Their exposure helped thousands of people get justice.

The investigative process that has to happen in an asbestos case is unbelievable. It can take a longer time than people expect. Decades, even. Today’s show tells a story of patience. Traveler’s Insurance Company is the case study. It’s a company that insured many asbestos manufacturers 50 or 60 years ago, and then spent fifteen years fighting dirty (and unlawfully) in court to defend clients who needlessly hurt thousands of people.

The main company insured by Traveler’s, Johns-Mansville knew about the harmful effects of their products. They cover up those facts to the great harm of many people. Not only that, but they violated rules of the courts. They committed fraud by telling the courts they never sold any asbestos products to Hawai‘i. And they lied about their involvement as suppliers of asbestos products to the US Navy.

The Protracted Battle Finally Ending

We only found out about these fraudulent claims after already having battled for decades with Johns-Mansville. As a result, the courts increased the settlements, in some cases multiplying them hundreds of times. Finally, this year, after many protracted battles of Galiher’s lawsuit against Traveler’s Insurance Co., the final chapter is being closed.

 

Above: Travelers Tower, Hartford, CT by John Phelan, ©CC BY 3.0