Articles About Health

In October 06, our firm was pleased to be a major sponsor of the International Mesothelioma Interest Group’s 8th Biennial Congress 06 in Chicago. We are again pleased to sponsor this year’s IMIG Congress 08 in Amsterdam, being held at the end of September. This Congress brings together the world’s leading experts in mesothelioma research from Australia, Belgium, Canada, Egypt, Finland, France, Italy, Japan, The Netherlands, Norway, Turkey, South Africa, Switzerland, the United Kingdom, and the United States, with hundreds of attendees taking part in an extensive three-track educational program.

The program includes extensive sessions on the basic science of mesothelioma, developments on the imaging of tumors, the pathologic diagnosis of the disease, developments in the various methods of treating the disease, including chemotherapy, radiation therapy, and various forms of surgery, as well as developments in the epidemiology of mesothelioma and prevention. The program will also include presentation of scores of posters submitted by researchers from all over the world.

We remain committed to working with the medical profession in the hope that they will continue to better understand the way that mesothelioma develops and find effective methods of treatment and, we hope sometime soon, a cure. We hope to be able to bring you additional news about IMIG’s Congress 08 as plans develop. In the meantime, please visit IMIG’s web site and drop in on our IMIG congress page.

Exciting news from England where a unanimous high court today affirmed industry liability for low dose bystander and take-home asbestos exposure as a cause of mesothelioma despite industry arguments that there is a safe level of asbestos exposure for which they should not be held accountable.

Here in California and in many other states the law has long protected such victims of asbestos industry lies and misconduct and we are pleased that England’s courts now agree. For more details see the full account at International Ban Asbestos Secretariat.

If you’ve read about malignant pleural mesothelioma online, then at first glance, it may have seemed as though there are just a few treatment options for MPM patients. However, researchers in dozens of U.S. laboratories are working diligently to develop new and more effective diagnostic tests, chemotherapies, surgeries and biological tools for attacking the disease.

After nearly four decades of helping patients make informed legal and medical choices, we at Kazan, McClain, Satterley & Greenwood have learned to keep this principle in mind: Every time you think that you’ve exhausted all available mesothelioma treatments, a new one might just appear on the horizon.

Here are a few good examples of recent mesothelioma medical breakthroughs, many of which are in the later stages of clinical trial.

Using CT scanning for surgery-free tumor tracking

In this case, there was no need for a trial, since computed tomographic (CT) scans are already routinely used as part of the MPM diagnostic process. In a recent study supported by The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc, a team of radiologists from the University of Chicago found that CT scanning may be used to non-invasively track the size of mesothelioma tumors.

Published in the journal Medical Physics, the group’s results indicated that this 3D imaging method may be as accurate as surgical biopsies in estimating the extent of MPM growth.

And what’s more, the technique might act as a stepping stone for the development of new treatments for MPM!

“[This] computerized method will be implemented in future studies to help evaluate novel therapies,” researchers concluded. “Further, we believe that these methods will be invaluable to researchers who attempt to create novel treatments for pleural-based diseases.”

What other advances in mesothelioma treatment are currently in development?

Plenty! Consider a report recently released by the Mayo Clinic, which explained that a drug used for kidney cancer may double as a chemotherapy for MPM.

Called pazopanib, the substance is typically administered to treat advanced renal carcinomas. However, as Dr. Julian Molina discovered, it may have other exciting applications.

“We…added it to mesothelioma cells that we had in the lab, and we noticed that pazopanib was very effective at killing these cancer cells,” he explained, quoted by the clinic’s magazine, Discovery’s Edge. “At the time, we were doing a Phase I study here in which we were testing pazopanib for patients who had all tumor types.”

In the same edition of the periodical, researchers from the University of Minnesota described their own cutting-edge, “biologic” treatment for MPM: a modified measles virus that can deliver radioactive iodine to mesothelioma tumors without actually infecting the patient.

Lab tests were encouraging. Compared to MPM-diagnosed mice given traditional therapies, those that were treated with this new approach lived twice as long on average. The team told the news source that some of the animals even appeared to have been cured!

In 2011 the Fenstermaker family of Alameda, California received some news that changed their world. Husband and father Rick Fenstermaker was diagnosed with mesothelioma, an incurable cancer caused by breathing invisible, odorless asbestos dust.

Rick Fenstermaker earned his success through hard work and hands-on education. In the 1970s he bought fixer-uppers. He worked on the houses himself: he patched and repaired walls, installed new windows, fixed roofs, and made the homes desirable to tenants. Rick took care of all the property management and maintenance for the homes he rented to his tenants.

Rick and his wife Eve used this entrepreneurial experience to build a thriving realty and brokerage business. Rick and Eve were close supportive partners in both business and home. They raised three children together and enjoyed the successes their perseverance brought.

What they didn’t know is that some of the products Rick used in the 1970s contained asbestos.

Kazan Law’s investigation revealed that the asbestos products Rick used had the same brand of asbestos, called “Calidria.” Calidria was mined, milled, and marketed by the Union Carbide Corporation, a subsidiary of Dow Chemical Company.

Trial commenced on January 23, 2012. Firm principal Dianna Lyons and associate William Ruiz served as lead trial counsel with law and motion support from associate Michael Stewart. The case resolved to the parties’ mutual satisfaction after “mini-opening statements” and plaintiffs’ counsel’s first round of jury voir dire.

Rick fought through extensive surgery and chemotherapy with Eve always by his side. Sadly, Rick finally succumbed to his illness and passed away on April 9, 2012, at his home and surrounded by his family.

Because malignant pleural mesothelioma (MPM) is such a tough disease to treat, it’s easy to feel like there’s little or nothing that patients have going for them. Fortunately, this isn’t true. At Kazan, McClain, Lyons, Greenwood and Harley, we make it our business to see that MPM patients have an advocate, someone who helps them learn their complete legal and medical rights. Making fully informed decisions about care and treatment is essential for people with mesothelioma.

Meanwhile, from the clinical end, researchers are making exciting new finds practically every month, many of which directly affect mesothelioma patients and their families.

Consider an award-winning presentation given at this year’s British Thoracic Oncology Group Conference. In it, researchers announced that diagnostic tissue tests for mesothelioma are getting better and better.

The ‘changing face of mesothelioma diagnosis’

Delivered by a team of British doctors from the Glenfield Hospital in Leicester, the poster session won one of the conference’s runner-up prizes, out of a field of 0 entries.

So, what did they say?

The team addressed the “changing face of mesothelioma diagnosis,” concluding that it is shifting toward earlier, more thorough diagnoses. Even though it may seem like cases of MPM have been confirmed in the same manner for the last 30 or 40 years, researchers said that’s not the case. In fact, in just the past decade, the diagnostics that oncologists use for MPM have undergone a seismic shift.

The authors proved as much by analyzing every case of mesothelioma reported in Leicester, England, between 00 and 2010. The results of some basic number crunching indicated a major change in the ways oncologists find MPM.

Over a decade, histology makes a big leap

To start, researchers noted that nearly all cases of mesothelioma are now confirmed histologically – that is, under a microscope. Their data showed that while in 00 just three-quarters of cases involved doctors examining cell samples up close, by 2010 that figure had jumped to 96 percent.

Likewise, the proportion of cases diagnosed during post mortem exams plummeted from 34 percent to just 4 percent.

What do these changes mean? Basically, more cases are being confirmed in a thorough manner, while fewer are dying before diagnosis.

The team also noted that the kinds of diagnostic tests being used are shifting:

• In the first half of the decade, CT-guided biopsies were used to confirm diagnoses in just 6 percent of cases. By the end of the decade, 36 percent of MPM patients were undergoing this test.

• Medical thorascopy also had a meteoric rise in Leicester. The team noted that this less invasive form of biopsying leaped from being totally unused to contributing to more than one-third of all diagnoses.

• Meanwhile, invasive surgical biopsies declined from 43 percent to 20 percent.

“Pre-mortem histological diagnostic confirmation has significantly increased in the past five years compared to the previous five years and is now achieved in [more than] 95 percent of our patients,” the group concluded. “This is due to increased use of CT-guided pleural biopsy and medical thoracoscopy.”

What does this mean for patients?

There are several positive findings in this study. The first is that, by using tissue sampling and microscopic cell staining, doctors are diagnosing more cases of MPM during patients’ lifetimes, making people with mesothelioma more likely to get a solid prognosis and have access to proper treatments and palliative care.

The poster session also indicated that histological staining can adequately confirm the presence of MPM, sparing many patients the experience of undergoing an invasive diagnostic surgery.

Finally, it’s nice to know that the methods doctors use to diagnose mesothelioma are getting more sophisticated all the time.

As Autumn gives way to winter, many people in the U.S. take this time to enjoy the holidays and reflect on the past year. In late November, Thanksgiving often involves cooking indulgent meals, enjoying good wine and counting one’s blessings.

For cancer patients with malignant mesothelioma, as well as their caregivers, this may be a challenging time, both physically and emotionally. However, at Kazan, McClain, Lyons, Greenwood and Harley, we’re committed to helping you adjust to life with this condition as much as possible – and that includes keeping up the spirit of Thanksgiving.

Meal preparation

Thanksgiving dinner is cause for careful consideration for both mesothelioma patients as well as their caregivers – but for different reasons.

For example, those in the latter group may be looking to keep their energy levels up throughout the hustle and bustle of the holiday in order to continually care for their loved one. This is when a few tweaks in meal preparation may come in handy.

For instance, health experts say that a Thanksgiving dinner plate should be half vegetables in order to stave off the lethargy that comes with consuming too much turkey. The antioxidants in these foods, such as vitamin C and beta carotene, can help caregivers feel their best. Delicious choices include peppers, baby carrots, squash, sweet potatoes and beets. The healthiest plates will be light on butter, cream and sugar.

Additionally, brining a turkey in water, salt and seasonings the day before Thanksgiving can help add flavor without the use of fatty, fatigue-inducing ingredients.

Meanwhile, mesothelioma patients may worry about the effects that medical treatment can have on their eating habits, including a loss of appetite, a modified sense of taste, dry mouth, nausea and more.

For patients with no appetite, high-protein and high-calorie products – such as cheese, muffins and dairy – may help. The trick is to eat them more often throughout the day, but in smaller portions.

Individuals with dry mouth or oral sores may also want to consider eating moist and soft products, such as mashed potatoes and gravy.

Of course, the flavor of any Thanksgiving dish can be intensified with spices or sauces.

Enjoy time with your loved ones

As Thanksgiving is a time to reflect on what we are grateful for, it is important for you to enjoy spending time with your friends and family. This is a good opportunity to play catch-up or discuss the challenges you may face every day. Talking to your loved ones and bringing them up-to-date on your situation may also allow them to understand the help you may need.

If you need to reach out beyond your social circles, there are many cancer support groups available online and in person. Hospitals and organizations such as the American Cancer Society are usually able to provide wonderful referrals.

Once you’ve been diagnosed with malignant mesothelioma, several important questions may come to mind. Some examples may include the following: What is the best course of treatment? Will I be able to endure certain side effects? How will I pay for medical care? What will I do once the disease reaches its advanced stages?

In regards to that last question, one important factor is where you prefer to live. Would you be more comfortable in a long-term care facility, or would you rather live at home?

If you chose the latter, you may find consulting a home health agency helpful.

What is home care?
Sometimes friends and relatives take it upon themselves to help a sick or disabled individual live at home for as long as possible. They can assist with simple tasks, such as bathing, cooking, cleaning or transportation. However, some jobs, such as administering medications, may require more skill. Furthermore, these tasks may prove to be too much, particularly if a caregiver also holds down a full-time job outside the home.

In these instances, it is a good idea to get help from a home health agency. Experts from the American Cancer Society describe these businesses as providers of a wide range of services, including skilled nursing, medical supplies, companion services, and homemaking to run errands around the household.

Why would mesothelioma patients select home care?
Once mesothelioma becomes advanced, you will have to decide where you want to live while you receive long-term medical care.

There are several reasons why choosing home care may be more desirable than institutional care. The former option would allow you to maintain some level of independence within a comfortable and familiar environment. Furthermore, it would be easier to maintain relationships with your friends and relatives. If any of them decide to take on the role of caregiver, hiring a home health agency would provide them some relief and make sure they don’t wear out.

Financial costs may also be a concern. Data compiled by the National Association for Home Care and Hospice (NAHC) showed that in 09, the daily cost of living in a skilled nursing facility was $622. Meanwhile, one visit from a home health visit cost $135.

In 08, individuals who had diseases of the respiratory system accounted for nearly 9 percent of home health patients in the U.S.

How do I pick the best home care business?
Home care services usually require an order from your doctor or other medical provider. The NAHC’s Home Care/Hospice Agency Locator is a great starting point for finding prospective agencies. Once you have a list of potential businesses, you’ll want to vet them thoroughly. The NAHC has some valuable questions for you to ask:

• Does this provider supply a Patient Bill of Rights?
• How does this agency pick and train its employees?
• Will the provider consult with my family when it comes to formulating a care plan?
• How are workers prepared to deal with emergencies?
• Will my confidentiality be protected?
• How do I pay for services?

Collecting a list of references from an agency is also important. Call each reference, and ask him or her about patient feedback. If one of the references is another health provider, ask about whether they referred patients who also had malignant mesothelioma or other similar disease. That way, you can gauge the agency’s familiarity with cases like yours.

Private health insurance policies may cover home health, but this can differ between different companies. Medicare and Medicaid may also cover some patients, but the laws may differ between different states. Furthermore, sufficient medical documentation may be required.

Mesothelioma is a rare form of cancer that affects cells found in the mesothelium, a protective membrane surrounding the majority of the body’s internal organs. The cells that make up this membrane protect the organs by making a special fluid that allows the organs to move and, in particular, help the lungs to move during breathing.

The vast majority of people who develop this deadly disease have inhaled asbestos particles, often through their jobs. In fact, a history of asbestos exposure in the workplace is reported in approximately 70 to 80 percent of all mesothelioma cases. In addition to mesothelioma, the inhalation of the deadly mineral fibers can cause lung cancer and asbestosis. The World Health Organization estimates that asbestos-related diseases kill approximately 107,000 people around the world each year.

Asbestos was originally prized by the ancient Greeks and Romans due to its resistance to fire and use as an insulator. Use of the mineral increased rapidly during the 19th century, particularly during the Industrial Revolution. By the mid-1930s, however, it was known that exposure to asbestos could cause a range of serious illnesses.

Mesothelioma Facts

Mesothelioma comes in three varieties:

• Pleural: most common (75% to 80% of diagnosed cases), originates within the chest and impacts the lungs
• Peritoneal: second most common (15% to 20% of diagnosed cases), originates in the abdomen and can involve the testicles, or spread to liver, spleen or bowel
• Pericardial: very rare (less than 2%), originates around the heart

Mesothelioma Prognosis

While mesothelioma is relatively rare, approximately 2,500 new cases of mesothelioma are diagnosed in the United States each year. And unfortunately, the average survival time of those with malignant forms of the disease is ten to fourteen months. The prognosis for a long life expectancy is not good even when symptoms appear early and treatment begins quickly.

Other Mesothelioma Facts

• It usually takes a long time before symptoms of mesothelioma appear (on average 20 to 50 years)
• There is a difficulty in diagnosing mesothelioma because its symptoms are common to many types of infections and cancers
• There is often a challenge of putting together the puzzle pieces for an accurate diagnosis
• Mesothelioma occurs more often in men than in women
• The risk of developing mesothelioma increases with age, although anyone can get mesothelioma
• Treatment depends on cancer location, the patient’s general health and disease stage
• Standard treatment options include radiation therapy, surgery and chemotherapy. In some instances, these are combined

While treatments are available for some people with mesothelioma, they are mostly used to improve the quality of life of people whose survival prospects are typically measured in months and not years.

Mesothelioma Causes

The only real mesothelioma causes come from asbestos fibers that enter the body in the air we breathe. Like other dust particles that we breathe, most of the asbestos fibers are stopped long before they enter the small airways of the lungs. For example, we sometimes choke when we enter a dusty room. We literally cough up the mucus that contains most of the irritating substances. However, because asbestos fibers are so small and thin, many of them pass all the way down to the small airways and air sacs that fill the lung.

Once the fibers are inside the lungs, the body’s defense mechanisms try to break them down and remove them. However, many fibers still remain in the body and are potential disease-causing agents:

• Each fiber is a foreign body and inflammations develop as our bodies try to neutralize, break down or move the sharp, irritating asbestos fibers, just like splinters that get stuck under the skin.
• These processes lead to development of the various kinds of asbestos-caused diseases.

Mesothelioma Symptoms

Symptoms of mesothelioma usually appear between 20 and 50 years after the first exposure to asbestos. Recognizing early symptoms of malignant mesothelioma may aid in diagnosis. Many mesothelioma symptoms mimic symptoms of other, less serious illnesses, delaying diagnosis even further.

Malignant mesothelioma is diagnosed in one of three forms: pleural, peritoneal, or pericardial.

Pleural Mesothelioma Symptoms

Primary symptoms of pleural—lung membrane—mesothelioma include:

• Shortness of breath
• Coughing, wheezing or hoarseness
• Blood in coughed up fluid
• Fatigue or anemia
• Chest pain due to accumulation of fluid around the lungs, in the pleural space

Pleural mesothelioma symptoms are shared by many other illnesses—if standard treatments for bronchitis, the flu and pneumonia do not bring relief, your doctor should take steps to rule out mesothelioma as a possible cause.

Peritoneal Mesothelioma Symptoms

Primary symptoms of peritoneal—abdominal lining—mesothelioma include:

• Abdominal pain
• An abnormal buildup of fluid in the abdomen (ascites)
• Bowel obstruction
• A mass in the abdomen
• Anemia

Symptoms of peritoneal mesothelioma often do not appear until the advanced stages of the illness, and even then resemble symptoms of other illnesses.

Pericardial Mesothelioma Symptoms

Primary symptoms of pericardial—heart membrane—mesothelioma include:

• Heart palpitations or irregular heartbeat
• Chest pain
• Heart murmur
• Difficulty breathing, even at rest or lying down
• Fever or night sweats
• Cough
• Fatigue

Pericardial mesothelioma makes up fewer than six percent of all recorded mesothelioma cases. Like pleural and peritoneal mesothelioma, the symptoms of pericardial mesothelioma closely resemble the symptoms of other heart conditions, usually delaying diagnosis.

The importance of mesothelioma screening

The National Cancer Institute’s definition of screening for cancer is the examination or testing of people for early signs of certain type of cancer even though they have no symptoms – this is the best way to achieve a diagnosis as early as possible. Early detection and diagnosis is particularly important for people with historical exposure to asbestos due to the latency period (up to 50 years) before which symptoms of malignant mesothelioma cancer may become apparent.

Sometimes more invasive tests are required which may include screening methods for diagnosis of asbestos-related diseases using various imaging tests. In addition to regular X-rays, imaging tests include:

• Computed Tomography / CT Scan. Computed tomography is a recently developed special radiographic technique. Usually a spiral CT scan, it produces a clear cross-sectional image allowing a radiologist to see distinct aspects of the lung or pleura not readily apparent from a standard X-ray image.
• Magnetic resonance imaging (MRI)
• Positron emission tomography (PET)

Mesothelioma Screening Methods to Identify Asbestos-Related Disease

After a preliminary physical examination, your doctor may employ the following procedures to find out more about your condition:

• Thoracoscopy – A scope is used to look inside your chest cavity. A small cut will be made in your chest and a small piece of tissue may be removed for examination (biopsy) during the procedure. While you may feel some pressure, there is usually no pain.
• Peritoneoscopy uses another specialized instrument that allows for examination inside your abdomen. A scope is inserted into an opening made in the abdomen, and a biopsy specimen may also be taken.
• If the presence of fluid is indicated by either of these procedures, the doctor may drain it by inserting a needle into the affected area. Removal of chest fluid is called thoracentesis. Removal of abdominal fluid is call paracentesis.

What is Asbestos?

Asbestos is the name for a group of naturally occurring silicate minerals that can be separated into fibers. The fibers are strong, durable, and resistant to heat and fire. They are also long, thin and flexible, so that they can even be woven into cloth.

Because of these qualities, asbestos has been used in thousands of consumer, industrial, maritime, automotive, scientific and building products. During the twentieth century, some 30 million tons of were used in industrial sites, homes, schools, shipyards and commercial buildings in the United States.

There are several types of asbestos fibers, of which three have been used for commercial applications:

1. Chrysotile, or white, comes mainly from Canada, and has been very widely used in the US. It is white-gray in color and found in serpentine rock.
2. Amosite, or brown, comes from southern Africa.
3. Crocidolite, or blue, comes from southern Africa and Australia.

Amosite and crocidolite are called amphiboles. This term refers to the nature of their geologic formation.

Other asbestos fibers that have not been used commercially are tremolite, actinolite and anthophyllite, although they are sometimes contaminants in asbestos-containing products. It should be noted that there are non-fibrous, or non-asbestiform, variants of tremolite, anthophylite and actinolite, which may not have the same adverse health consequences that result from exposure to commercial forms of asbestos.

Why is asbestos still a problem?

Asbestos is still a problem because a great deal of it has been used in the United States and elsewhere, because many asbestos-containing products remain in buildings, ships, industrial facilities and other environments where the fibers can become airborne, and because of the serious human health hazards of inhaling the fibers.

Many Americans believe that use of asbestos in products was banned years ago. The fact is that asbestos-containing products are still being imported and sold in this country, continuing to endanger people who may come in contact with such products. A majority of these products are imported from Canada and Mexico, two countries where asbestos is still used. Further, not all imported products are clearly labeled with proper content information.

Asbestos Products

What is common to many asbestos products is that they were (are) used to contain heat (i.e. thermal insulation.) It is impossible to list all of the products that have, at one time or another, contained asbestos.

Common asbestos products:

• pipe-covering
• insulating cement
• insulating block
• asbestos cloth
• gaskets
• packing materials
• thermal seals
• refractory and boiler insulation materials
• transite board
• asbestos cement pipe
• fireproofing spray
• joint compound
• vinyl floor tile
• ceiling tile
• mastics
• adhesives
• coatings
• acoustical textures
• duct insulation for heating, ventilation and air conditioning (HVAC) systems
• roofing products
• insulated electrical wire and panels
• brake and clutch assemblies

Some of these products contained a very high proportion of asbestos, while others contained small amounts.

Asbestos Exposure

Exposure to asbestos fibers can cause asbestos-related diseases including malignant mesothelioma and other cancers. A potentially dangerous asbestos exposure can result from very small fibers at low exposure levels. Most such exposure would likely have occurred prior to the 1980s, but the latency period can be up to 50 years for most asbestos-related cancers to develop.

Many people have come into contact with asbestos fibers at their jobs. This is occupational exposure. There is also a risk to the family members of those working in at-risk occupations; this exposure is called paraoccupational exposure. Approximately 70% to 80% of the cases of mesothelioma are believed to be the direct result of easily identified occupational or paraoccupational exposure to asbestos fibers.

A third group of people are also at risk, not from their job, but from where they live. Sites likely to have asbestos include refineries, power plants, factories, shipyards, steel mills and demolished buildings. Those who live nearby can be exposed by the release of asbestos fibers that contaminate their residential neighborhoods.

Specific Industries and Occupations with Asbestos Exposure Risk

Industries / Job Locations:

• Asbestos product manufacturing (insulation, roofing, building, materials)
• Automotive repair (brakes & clutches)
• Construction/contractors
• Maritime
• Oil refineries
• Power plants
• Railroads
• Shipyards / ships
• Steel mills

Occupations:

• Automotive mechanics
• Boiler makers
• Bricklayers
• Building Inspectors
• Carpenters
• Electricians
• Hod carriers
• Insulators
• Iron workers
• Laborers
• Longshoremen
• Maintenance workers
• Merchant marines
• Millwrights
• Painters
• Plasterers
• Plumbers
• Roofers
• Sheet metal workers
• Steam fitters
• Tile setters
• U.S. Navy veterans
• Welders

At age 66, Gordon Bankhead had 34 years of experience in the service and repair of heavy duty vehicles as a Parts Man, with most of his career spent at Sea-Land Shipping Company in Oakland, California. He regularly handled asbestos-containing brakes, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes. All of these activities caused him to breathe deadly asbestos dust. In January 2010, Gordon Bankhead was diagnosed with mesothelioma.

Kazan Law filed suit on behalf of Gordon and Emily Bankhead in March 2010. Trial began on October 25, 2010 and ultimately resulted in a $17.470,000 verdict for Mr. and Mrs. Bankhead. This video tells the story of the important decisions the Bankheads made to help others who suffer from mesothelioma. With contributions like the Bankheads and others, hopefully one day a cure can be found for the deadly disease.

Here at our asbestos law firm, when we are working with a client who is suffering from malignant mesothelioma due to unlawful asbestos exposure, that client is our focus.  Because of the terrible wrong done to them and their family, their time is limited. Their life has been cut short and we take it upon ourselves to work to the utmost of our ability to seek justice for them.  We do this work because we believe it needs to be done; not to pat ourselves on the back.  That is the furthest thing from our minds when we are working on behalf of someone losing their life to malignant mesothelioma.

So it is always gratifying to us at Kazan Law when the work we do on behalf of our clients is acknowledged by our peers.

I am proud to announce that our June 5, 2013 mesothelioma verdict which completed the award to plaintiffs Rose-Marie and Martin Grigg for a total of $27,342,500 in damages for Mrs. Grigg’s asbestos-caused malignant mesothelioma made The National Law Journal’s  elite list of Top 100 Verdicts for 2013. The mesothelioma verdict placed 74 out of 100 nationally and 12th out of 100 nationwide among personal injury/products liability cases brought on behalf of an individual.

The National Law Journal is a periodical that reports legal information of national importance to attorneys, including federal circuit court decisions, major verdicts and coverage of legislative issues and legal news. Its annual Top 100 Verdicts issue catalogs the top accomplishments of the plaintiff’s lawyers in the U.S.

Mrs. Grigg, was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.

Mrs. and Mr. Grigg were represented by our attorneys Joseph D. Satterley, Andrea Huston, Ryan Harris and Michael Stewart.

Evidence introduced during trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on Kaylo showed that exposure to the asbestos in the product could cause fatal disease.

The jury awarded Mrs. Grigg $12,000,000 in damages for her pain and suffering, Mr. Grigg $4,000,000 in damages for his loss of consortium, and $342,500 in economic damages. The jury also levied an $11,000,000 punitive damages verdict against Owens-Illinois, Inc.

“If we live in a society where product manufacturers are not held responsible for products once those products leave their possession, the world we live in is a dangerous place,” Kazan Law partner Joseph D. Satterley said to the jury when he asked them to find justice for Mrs. and Mr. Grigg.

Working as a mesothelioma attorney for as long as I have, I sometimes come up against mesothelioma research questions I can’t find answers to. Helping mesothelioma patients and their families is something you don’t stop thinking about when you go home in the evening. The plight of these people stays with you. And as important as legal justice is to helping them, medical research is important too.

Because we at Kazan Law are committed to mesothelioma research, we not only help support medical mesothelioma research – we also delve into mesothelioma research to try to find answers.

Several of the mesothelioma research areas we have been working on will be presented at a poster session at the upcoming International Mesothelioma Interest Group conference in Cape Town, South Africa later this month:

A Review of the (Scarce) Literature on Pericardial Malignant Mesothelioma

We generally think of mesothelioma as a disease affecting the lining of the lungs or abdomen. Pericardial mesothelioma develops in the thin membrane surrounding the heart, known as the pericardium. Because it is one of the rarest types of mesothelioma cancers, not as much is known about it. We needed to know more about it. With the help of our research librarian Faith Meltzer, we collected all of the pericardial malignant mesothelioma medical literature and analyzed the results.

Pericardial Mesothelioma: Accidental Treatment & Long-term Survival

This presentation explores an interesting case study of one of our clients. Ronald Nelson was born in 1970 and exposed to asbestos as a child. In 05, he was diagnosed with pericardial mesothelioma. Surgery was performed on Mr. Nelson in 07. He lived symptom-free until 2012 – unusual for any type of mesothelioma but especially for pericardial mesothelioma. Mr. Nelson filed suit in August 2012. The case was resolved before he died in 2013, securing the financial future of his family. Associate Ryan Harris worked on this case and poster presentation with me.

Hippocrates and BAP1 Genetic Testing in Mesothelioma Litigation

This presentation focuses on the ethics of performing genetic testing without the patient’s permission or knowledge and using the results against them in a court case. Specifically, we considered the Bap 1 oncosuppressor gene, meaning an inherited factor that makes someone’s immune system less able to fight off substances that can cause cancer. This unethical use of genetic testing is being used to “blame the victim” for carrying this gene for developing mesothelioma from asbestos exposure. Our associate Irena Kin worked on our study of this mesothelioma research question with me.

In a global first for mesothelioma litigation, Kazan Law has taken the lead to legally stop forced mesothelioma genetic testing. At issue is a recently discovered genetic mutation called BAP1 that reportedly signals higher risk for developing mesothelioma.

Kazan Law Files First Declaration Opposing Forced Testing for BAP1 Gene

Kazan Law Associate Andrea Huston filed a declaration here in Alameda County to oppose the forced mesothelioma genetic testing of a client, who is a mesothelioma patient, by the corporation alleged to have exposed her to asbestos causing her mesothelioma.

“I have represented asbestos plaintiffs for 15 years. Until about June 2014, I had never had a case in which any defendant raised any issue regarding BAP1 gene…Nor to my knowledge had anyone in my office had such a case before June 2014,”Andrea states in her declaration.

She mentions another one of our current cases in which the company accused of causing a client’s mesothelioma has requested a “blood sample” from our client so they can test it for the BAP1 gene.

There are several other cases in other parts of the U.S. where forced mesothelioma genetic testing is also currently a controversial issue.

Kazan Law Fight Against Forced Mesothelioma Genetic Testing Featured in Global Law Journal

Forced mesothelioma genetic testing is so new that our cases caught the attention of a prominent defendant-sponsored online blog site, GlobalTort.

The article highlights the declaration we filed and also how the issue of forced mesothelioma genetic testing marks a new phase for mesothelioma litigation.

“Thus, 2014 becomes the year mesothelioma litigation undeniably entered the age of precision scientific analysis aimed at a particular person’s genomics, and related molecular characteristics,” the article states.

BAP1 Gene Discovered in 2011

In 2011, researchers from the University of Hawaii Cancer Center reported that mutations in the BAP1 gene might predispose people with this mutation to develop mesothelioma when they are exposed to asbestos. The researchers are still studying whether BAP1 could help identify individuals at high risk of mesothelioma, and just how to use these findings in treating mesothelioma patients.

“More experiments are urgently needed to see whether BAP1 expression could be used in diagnostic, prognostic, or therapeutic settings,” the researchers noted in an abstract of the findings published in the Journal of Cancer Research and presented at the 2014 American Association for Cancer Research annual meeting.

In an analysis of 10,566 U.S. mesothelioma patients from 1973 to 2010 listed in the US Surveillance, Epidemiology, and End Results (SEER) program, the researchers reported that only 23 of them carried the BAP1 gene.

Corporate Misuse of Science

It sure didn’t take long for corporate lawyers to try to take the new discovery about BAP1 and turn it into something that to use against innocent people who are dying because of corporate greed and neglect. Knowingly exposing people to lethal asbestos is wrong regardless of anyone’s genetic make-up. Starting with the historic Johns-Manville case in the 1970s, our firm has had a history of successfully pioneering asbestos litigation so we are ready to fight this new 21^st century battle for our clients and asbestos victims everywhere.

Mesothelioma is a terribly debilitating and usually terminal disease that affects people all over the world. Victims of mesothelioma and asbestos exposure have a right to compensation and should seek justice. If you have been diagnosed with mesothelioma, you are likely the victim of a negligent company that used asbestos despite the enormous health risks it would expose to its workers or the people using its products.

Among the most common questions relating to mesothelioma settlement amounts are:

•  How much compensation can I expect to receive if I come to a settlement?
• Is there an accurate way to estimate what amount I may be entitled to?

Answers to these questions are determined case by case.

What Affects Mesothelioma Settlement Amounts?

Our asbestos law firm has extensive experience fighting to obtain the highest possible amount of compensation in any settlement negotiation for our clients.

The following conditions typically help determine the amount of a settlement agreement:

• Medical diagnosis and related costs: One of the major components impacting a case’s strength comes from your specific diagnosis and health care costs. Accordingly, Kazan Law will fight to have all your health care costs resulting from your diagnosis covered in a settlement.

• Personal distress (physical and mental): Your personal distress also plays a large role in the total settlement amount. Mesothelioma and other asbestos-related complications have a severe effect on quality of life. Understanding this distress – and being able to explain it – can make a big difference in the total settlement amount or potential punitive damages awarded to you. Kazan Law will strive to obtain the highest compensation to help support a better quality of life for you and your family, and often can seek extra damages to punish the bad companies for their bad conduct.
• Lost wages from missed work: If mesothelioma took away your livelihood, you deserve to have that lost income repaid in full. Past missed work typically means many years later when symptoms will impact your ability to keep working. These missed years of work often add up to a very significant amount of money.

• Accumulated bills and expenses: Beyond medical costs, expenses from everyday living can also accumulate if you’re not working due to mesothelioma. Past due bills, accounts in default and other problems easily impact a person suffering with this illness. Getting help with these expenses remains an important component to any settlement negotiation. As a victim of companies’ negligence, you should not have to pay for expenses that result from your illness.

State Residency and Mesothelioma Settlement Amounts

The laws regarding a mesothelioma lawsuit are complicated and vary from state to state. Only an attorney who works intensely in asbestos litigation has the kind of experience that will get you the best possible results.

Below is information about how some states have reacted to mesothelioma lawsuits. Unfortunately, not every state is making the process easier for victims to receive their rightful compensation. Some states have added unnecessary hurdles. With over 40 years of experience in asbestos litigation, Kazan Law and its attorneys are knowledgeable about the unique hurdles presented in these cases and are well equipped to represent victims nationwide.

Florida: The state of Florida enacted the Asbestos and Silica Compensation Fairness Act in 05. This law has required more evidence related to a victim’s asbestos exposure and their health impairment.

New York: Because New York began manufacturing asbestos as far back as the 1880s, this state has had the highest number of asbestos lawsuits in the country. Like many other states, related legislation is aimed to improve worker and workplace safety – and prevent future lawsuits from becoming necessary. Our senior partner, Steven Kazan, has been licensed to practice law in New York since 1967!

Ohio: Current data trends show Ohio as another leading state for asbestos lawsuits. In the early 00s with lots of claims originating in Ohio, lawmakers reacted by imposing specific restrictions for people filing asbestos lawsuits. Additionally, the state has offered assistance to companies that may face asbestos lawsuits, which could add additional difficulties to the process.

Pennsylvania: Much like New York, Pennsylvania has a long history of asbestos manufacturing. Pennsylvania is one of the top five states in terms of the number of mesothelioma and asbestos-related lawsuits. As more cases made their way into the courtroom or into pre-trial settlement negotiations, the state began to set up a long list of procedures to deal with the volume. Our partner, Joe Satterley, is licensed to practice law in Pennsylvania.

Texas:  Following a high volume of asbestos lawsuits in the late 190s, the state of Texas passed laws, and its courts made rulings to hurt asbestos victims seeking justice.

The value of your case and the amount of compensation you receive can vary greatly depending on the state in which the attorney files.  Juries tend to award more and therefore settlements are higher in big cities with booming economies and high costs of living, like the San Francisco Bay Area, where Kazan Law is located.

Often we have several choices where to file. For example, if you were exposed to asbestos while you were in the U.S. Navy stationed in the San Francisco Bay Area, or if the company responsible for your asbestos exposure has its headquarters in the San Francisco Bay Area, we can file the case here, even if you have lived in Iowa ever since.  The value of your case would be much higher if it is tried here, with S.F’s higher costs of living, than it would be in your home town.

What to Expect from a Mesothelioma Settlement

While there is no way to determine in advance how much compensation you should expect in a mesothelioma settlement, Kazan Law has a long history of obtaining the absolute fullest compensation that our clients deserve.

Countless factors directly influence the potential award or amount of your settlement agreement. When you speak to a Kazan Law attorney, you’ll be provided a better understanding of your case and the variables that are in your favor.

Our attorneys make every client a priority and show them the compassion and respect they deserve. To begin the legal process of seeking justice and compensation, contact us today.

At Kazan Law, we firmly believe that the corporations who knowingly exposed people to toxic asbestos should compensate those who become ill because of their negligence. A diagnosis of mesothelioma deserves the highest possible asbestos settlement.

Compensation Factors for Mesothelioma Settlements

If you suffer from mesothelioma, you are entitled to compensation for your medical expenses and lost wages, as well as the emotional distress and physical pain caused by your illness.

The amount you can expect to receive depends on several factors. Mesothelioma is recognized as a very serious asbestos-caused cancer and mesothelioma victims tend to receive higher awards than those suffering from less serious asbestos diseases.

If you have had to stop working due to mesothelioma, your lost wages award will cover your past lost wages as well as future earnings that you and your family will be deprived of. The calculation of lost wages takes into account your past income level, your earning potential, and the number of years that mesothelioma has shortened your working life. Someone who becomes ill with mesothelioma at age 45 would receive more compensation for lost wages than someone who becomes ill at age 60. If you had already retired before you were diagnosed with mesothelioma, lost wages will not be part of your settlement; but potential lost pension and social security payments will be.

Your medical bills will establish the cost of your illness. Statements from your doctors, medical records, and your testimony will establish the extent of your emotional distress and physical pain.

Although mesothelioma is always caused by asbestos exposure, the defendants in your case may try to reduce the amount to which you are entitled by claiming that your past behaviors such as smoking reduced the value of your case.

Other factors that may affect your settlement include the length of your exposure to asbestos and whether the company or companies responsible for your mesothelioma know they have exposed you and others to harmful levels of asbestos.

As your lawyers work to settle your case with multiple defendants, you may receive compensation starting a few months after you file your case, and for several years thereafter. If you are diagnosed with late-stage mesothelioma, the settlement process may be expedited.

How an Experienced Attorney Improves Your Chances of Attaining Fair Mesothelioma Settlements

Your mesothelioma lawyer will work to get you the best possible settlement so you can focus on your health and your family. An experienced asbestos attorney may have sued the defendants in your case in the past and will know the ins and outs of the asbestos litigation process.

Your attorney’s role is to build a case that will achieve the highest possible settlement for your injuries. At Kazan Law, we file asbestos lawsuits mainly in the California courts because the people who serve on California juries understand the true value of mesothelioma claims. We are able to get substantial settlements for our clients because defendants know this.

Your mesothelioma lawyer will do the heavy lifting during the negotiation process and provide guidance on whether a defendant’s offer is fair. If the initial offer is low, it is your attorney’s job to push back and demand the compensation you deserve.

An experienced asbestos attorney will base his or her assessment of the settlement offers in your case on other settlements in similar cases and let you know what your best options are. If a defendant refuses to negotiate or fails to offer a fair settlement, your attorney may advise you to go to trial.

Benefits of Securing a Mesothelioma Settlement In Lieu of Trial

More than 80 percent of all civil lawsuits settle before going to trial. Settlements often provide a better outcome for both sides because they provide certainty, avoid the risk, time and expense of trial. You and your family can receive the benefit of compensation from a settlement much sooner than you would from a trial. If you win at trial, the defendants may file an appeal, which can drag your case out even longer.

In addition, there is no way to predict the outcome of a trial with any certainty. If your case goes to trial and you lose, you may receive no compensation for your illness.

In many cases, a victim of mesothelioma may have a very clear case against a defendant that is trying to shirk its responsibility for willfully, intentionally, or negligently exposing people to asbestos. In those cases, a jury trial may yield a higher award and set a precedent that will help other mesothelioma sufferers receive the compensation to which they are entitled.

Settlements can happen at any time. As your lawyer presents your case at trial, the defendants may decide it’s in their best interest to end the trial early by offering you a settlement.

Your lawyer will review your case with you in detail and help you make the decision about whether to go to trial or accept a settlement for your mesothelioma. An experienced asbestos attorney can be your best ally in your fight to get the compensation you deserve.