New Page Lists all Asbestos Laws and Regulations
See our newest page listing all of the laws and regulations regarding asbestos. Links on this page will bring you to the laws listed by the EPA.
National Cancer Institute (NCI) Lists 45 Clinical Trials for Mesothelioma
The NCI, the nations largest and leading research organization on cancer, is currently (July 31, 2008) listing 47 clinical trials for mesothelioma in its searchable database called PDQ. Of those clinical trails, 27 are in the United States. Clinical trials are studies designed to find better ways to treat cancer patients, and in this case, to find better ways to treat mesothelioma patients specifically. There is even a trial for the very rare mesothelioma of the tunica vaginalis.
Some of the newest mesothelioma treatment approaches mentioned in these trials are: Suberoylanilide Hydroxamic Acid (SAHA); Bevacizumab, Pemetrexed and Carboplatin; Avastin Plus Pemetrexed-Cisplatin; VEGF-Antisense Oligonucleotide in Combination With Pemetrexed and Cisplatin; CBP501 + Pemetrexed + Cisplatin; AZD2171; Pazopanib Hydrochloride; Tomotherapy; Valproate and Doxorubicin; Dasatinib; Milataxel (TL139) Administered Orally; Sunitinib Plus Radiation Therapy; SS1(dsFv)-PE38 Immunotoxin in Combination With Pemetrexed Disodium and Cisplatin; Sorafenib Tosylate, Pemetrexed Disodium, and Cisplatin; and Intravenous CRS-207.
Researchers Find Similarity Between Asbestos and Carbon Nanotubes
Recently published scientific results suggest that the vaunted wonder material called nanotubes made out of pure carbon may pose similar risks to asbestos exposure. The very long and thin tubes makes it impossible for the lung to clear the tubes from the tissue which is the same problem with asbestos. For more detail on this report published in May 2008, see our page on carbon nanotubes.
A Better Approach to Treating Peritoneal Mesothelioma?
In a recent issue of the American Journal of Clinical Oncology (ASCO), researchers from Columbia University reported that combined resection (surgical removal), intraperitoneal chemotherapy (deliver directly into the space around the stomach where the cancer is), and whole abdominal radiation therapy is an effective treatment for malignant peritoneal mesothelioma. Peritoneal mesothelioma, which affects the lining of the abdomen, accounts for less than twenty percent of all mesothelioma cases.
The study involved 27 patients. The treatment regimen involved surgical debulking followed by four intraperitoneal courses of cisplatin alternated with four intraperitoneal courses of doxorubicin, four doses of intraperitoneal gamma interferon, a second laparotomy with resection of residual disease plus intraoperative hyperthermic (higher temperature than ususal) administration of intraperitoneal mitomycin, and cisplatin followed by whole abdominal radiation therapy.
The February 2008 study showed a median survival of 70 months and a three-year survival of 67 percent. They also reported that seven patients were alive without evidence of disease at a median of 17 months. Median survival means that half of the patients are alive and half have died at that median timepoint. The results prompted the researchers to conclude that intensive multimodality therapy was effective for patients with peritoneal mesothelioma.
Another 2008 ASCO article involving 54 peritoneal mesotheliome patients discusses taking a less agressive approach to the removal of the tumor (debulking) while still showing good results. A third article published in January 2008 in the ASCO online journal discusses other treatment approaches for advanced disease. The article states that in advanced disease survival data are encouraging when compared with pleural mesothelioma.
Paul & Hanley LLP Files Law Suits in Santa Maria Adult ALL Cases
In October and November of 2007 Paul & Hanley LLP filed law suits in Los Angeles superior court on behalf of two adult clients recently diagnosed with acute lymphocytic leukemia (ALL). While ALL is a common form of leukemia in the relatively small number of children who get cancer, it is rare in adults. ALL, which is also called acute lymphoblastic leukemia, is a fast-growing type of leukemia (blood cancer) in which too many lymphoblasts (immature white blood cells) are found in the blood and bone marrow.
...these three cases of a rare cancer in an area with a population of only 82,000 have raised red flags.....
Both plaintiffs were born and raised in the Santa Maria valley in the southern part of Santa Barbara County, California and both were diagnosed within an eight month period. A third case involving adult ALL in the Santa Maria valley was filed by another firm in 2006.
The plaintiffs allege that they were exposed to volatile organic solvents such as benzene by off gassing from abandoned oil drilling sumps and storage tanks that are common in the Santa Maria valley.
If you lived, or are now living, in the Santa Maria valley and have developed a serious disease like ALL or non-Hodkins Lymphoma, please contact Paul & Hanley at 800 933-2244 for a free consultation to discuss your case. You can also use the contact us form.
San Francisco Jury Awards $5,900,000 to Peninsula Executive
On May 18, 2006, a San Francisco jury awarded $5,900,000 to Robert Johnsen of Sunnyvale, California for asbestos-related cancers. The verdict was against Kaiser Gypsum Company, Inc., a company that made asbestos-containing drywall products.
Robert Johnsen is a 74-year old high-tech business executive who, at the time of his diagnosis, was working with Zero-G, a Cupertino, California based company.
Mr. Johnsen was exposed to Kaiser Gypsum’s asbestos products when he remodeled his homes in Colorado during the 1960’s and when he supervised the building of his home and office for his employer in California during the 1970’s.
In January 2005, Mr. Johnsen was diagnosed with malignant mesothelioma and lung cancer (two separate cancers). Mr. Johnsen was a lifelong nonsmoker. His prognosis is terminal and he has been given a six-month life expectancy.
Mr. Johnsen filed his lawsuit on July 11, 2005, naming several defendants. On May 18, 2006, the twelve-person jury found that the remaining defendant, Kaiser Gypsum, was responsible, in part, for Robert Johnsen’s cancers. The jury found that Kaiser Gypsum’s products were defective. Mr. Johnsen personally used Kaiser Gypsum’s products from 1956 to 1970 during which time he undertook five to six home and basement remodels for himself and others.
The jury found that Mr. Johnsen suffered $940,000 in lost income and medical expenses and awarded $5,000,000 in pain and suffering. Plaintiff’s expert witnesses included Dr. Barry Horn, a pulmonologist from Berkeley, California; Dr. Richard Cohen, a physician who testified regarding the state-of-the-art, from Saratoga, California; Dr. Jerrold Abraham, a pathologist from Syracuse, New York; Dr. Arnold Brody, a cellular biologist from Tulane University in New Orleans; Richard Hatfield, an industrial hygienist and materials analyst from Suwannee, Georgia; Dr. Allan Smith, an epidemiologist from Berkeley, California, and Dr. Barry Ben-Zion, an economist from Santa Rosa, California.
Defense expert witnesses included Dr. William Hughson, a pulmonologist and epidemiologist from San Diego, California; Dr. Gerald Meyers, a pulmonologist from Berkeley, California; Dr. Douglas Fowler, a Certified Industrial Hygienist from Redwood City, California; Dr. Arthur Langer, a mineralogist from Brooklyn, New York; Dr. John Craighead, a pathologist from Ferrisburg, Vermont, and Edward van der Bogert, a construction management and safety expert from Lynnwood, Washington.
San Francisco Jury Awards $5,150,000 to HVAC Mechanic and his Wife Against Refrigeration Compressor Maker Copeland Corporation
On March 8, 2006, a San Francisco jury awarded $5,150,000 to James and Sandra Morrison of Post Falls, Idaho for asbestos-caused cancer. Mr. Morrison, a life-long non-smoker, is dying from lung cancer. He was exposed to asbestos during the 1970s and 80s as an HVAC mechanic in Fresno, CA. This is the first verdict in the United States involving asbestos exposure from Copeland refrigeration equipment.
James Morrison is a 52-year-old HVAC mechanic from Post Falls, Idaho who was exposed to asbestos from Copeland refrigeration compressors while performing maintenance on Copeland compressors during the 1970s and 80s in Fresno, CA. James Morrison never smoked cigarettes.
In January, 2004, James Morrison, husband of Sandra Morrison, and father of two children, was diagnosed with stage IV lung cancer. Mr. Morrison’s prognosis is terminal.
Mr. Morrison filed his lawsuit in San Francisco on June 4, 2004. In March, 2006, following a five-week jury trial, the jury found that the remaining defendant, Copeland Corporation, was 12.4% responsible for James Morrison’s cancer. The jury found that Copeland’s products were defective, that Copeland failed to properly warn of asbestos hazards and that Copeland was negligent. Mr. Morrison was also found 12.3% at fault for his injuries. James Morrison rebuilt and maintained numerous Copeland refrigeration compressors from 1975 to 1989 while employed as an HVAC mechanic at the Patton Sheetmetal shop in Fresno, CA.
The jury found that Mr. Morrison suffered $2,526,000 in lost income and medical expenses and awarded $2,250,000 in pain and suffering. In addition, Mrs. Morrison was awarded $375,000 for loss of her husband’s care, comfort and society.
Plaintiffs’ expert witnesses included Dr. Allan Smith, Berkeley, California, an epidemiologist; Dr. Robert Fallat, a San Francisco pulmonologist, Dr. Richard Cohen, Saratoga, California, a physician testifying regarding the historical knowledge of asbestos dangers; Dr. Jerold Abraham, Syracuse, New York, a pathologist; Dr. Arnold Brody, a Tulane University cellular biologist; Richard Hatfield, Suwannee, Georgia, an industrial hygienist; Charles Ay, Long Beach, California, an asbestos detection specialist; and Dr. Barry Ben-Zion, Santa Rosa, California, an economist.
Defense expert witnesses included Dr. Samuel Spival, an oncologist from San Francisco; Dr. Michael Graham, St. Louis, Missouri, a pathologist; John Spencer, Baltimore, Maryland, an industrial hygienist; Dr. Allan Feingold, Miami, Florida, a pulmonologist; and David Weiner, an economist.
San Francisco Jury Awards $2,245,000 to Bulldozer Driver and his Wife
On March 16, 2005, a San Francisco jury awarded $2,245,000 to Daniel and Veneisa Johnson of Marion, North Carolina for an asbestos-caused cancer. Mr. Johnson is dying of mesothelioma, an incurable asbestos-caused cancer. This is believed to be the first verdict in the United States involving asbestos exposure from Caterpillar machinery.
Daniel Johnson is a 58-year-old bulldozer operator from Marion, North Carolina who was exposed to asbestos from Caterpillar bulldozers while performing brake and other maintenance.
In March, 2004, Daniel Johnson, husband of Veneisa Johnson, and father of two children, was diagnosed with malignant mesothelioma, a cancer whose only known cause is asbestos. Mr. Johnson’s prognosis is terminal and his given three to six months to live.
Mr. Johnson filed his lawsuit in San Francisco on July 15, 2004. In March, 2005, following a two-week jury trial, the jury found that the remaining defendant, Caterpillar, Inc., was responsible, in part, for Daniel Johnson’s cancer. The jury found that Caterpillar’s products were defective and Caterpillar failed to properly warn of asbestos hazards. Daniel Johnson performed brake servicing on Caterpillar bulldozers from 1978 to 1985 while employed as a bulldozer operator.
The jury found that Mr. Johnson suffered $995,000 in lost income and medical expenses and awarded $1 million in pain and suffering. In addition, Mrs. Johnson was awarded $250,000 for loss of her husband’s care, comfort and society.
San Francisco Jury Returns $11.5 Million Verdict Against Unocal for Pipefitter’s Wife
On December 12, 2002 a San Francisco jury awarded $11,550,750 to Genevieve Gunderson of Torrance, California for a terminal cancer she contracted from her husband’s clothing in the 1950's. The verdict against Unocal was on three separate theories of negligence.
Genevieve Gunderson is a 75-year old homemaker and retired hairdresser from Torrance, California who was exposed to asbestos from her former husband, Gordon Fraser’s work as a pipe fitter at industrial sites including Unocal in Wilmington, California from 1948 to 1963.
In October, 2001, Genevieve Gunderson, mother of one adult child, four grandchildren and several great-grandchildren, was diagnosed with mesothelioma.
Ms. Gunderson filed her lawsuit in San Francisco in March, 2002. In October, 2002, following a three-week jury trial and three days of deliberation, the jury found the remaining defendant, Unocal, 9.3% at fault. Ms. Gunderson was exposed to asbestos in her home when she shook out and laundered her husband’s work clothing. Her former husband, Mr. Fraser worked at the Unocal refinery in Wilmington, California as a pipe fitter intermittently for approximately three years from 1948 to 1963 during their marriage.
The jury found that Ms. Gunderson suffered $550,750 million in lost income and medical expenses based upon the expert testimony of Santa Rosa economist Dr. Barry Ben-Zion and Berkeley pulmonologist Dr. Barry Horn. Ms. Gunderson was also awarded $11 million for her pain and suffering.
Evidence was presented that cancers such as Mrs. Gunderson’s can be caused by relatively low exposures including dust from clothing brought home from workers’ clothing. Though largely ignored, the industrial community was well aware of recommendations for providing workers who worked around asbestos and other harmful dust with changing rooms, work clothing and workplace laundry service.
San Francisco Jury Awards $4.2 Million to Contra Costa Electrician
On July 15, 2002 a San Francisco jury awarded a $4.2 million verdict to Victor and Francesca Trinchese of San Ramon, California for an asbestos-caused mesothelioma cancer. This is the first verdict in the United States involving the “Bakelite” electrical products of Union Carbide.
VICTOR TRINCHESE is a 61-year old electrician from San Ramon, California who was exposed to asbestos while working with Union Carbide “Bakelite” electrical products. In August, 2001, VICTOR TRINCHESE, husband of FRANCESCA TRINCHESE and father of two adult children, was diagnosed with malignant mesothelioma, a cancer caused by exposure to asbestos.
Mr. Trinchese filed his lawsuit in San Francisco in October, 2001. In July, 2002, following a two-week jury trial and three days of deliberation, the jury found the remaining defendant, UNION CARBIDE’s asbestos product, “Bakelite”, was a cause of Mr. Trinchese’s cancer. The jury found UNION CARBIDE was negligent in the manufacture of its asbestos-containing plastics produced in the 1960's and 1970's. These products were used by Mr. Trinchese in his electrical work at Hunter’s Point Naval Shipyard.
The jury found that Mr. Trinchese suffered $1.6 million in lost income and medical expenses based upon the testimony of expert Santa Rosa economist Dr. Barry Ben-Zion and Berkeley pulmonologist Dr. Barry Horn. Mr. Trinchese was awarded $1.8 million for pain and suffering. Francesca Trinchese was awarded $800,000.00 for loss of her husband’s care, comfort and society.
Plaintiff’s expert witnesses included pulmonologist Dr. Barry R. Horn, medical state of the art expert, Dr. Barry Castleman (Baltimore, MD), economist Dr. Barry Ben-Zion, materials specialist Dr. Richard Hatfield (Atlanta, GA), pathologist Dr. Samuel Hammar (Bremerton, WA), Dr. Arnold Brody (New Orleans, LA), industrial hygienist Dr. Kenneth Cohen (El Cajon, CA) and epidemiologist Dr. Allan Smith (Oakland, CA).
John Craighead, M.D. (Ferrisburg, VT) and Lawrence Birkner, C.I.H. (Thousand Oaks, CA) testified on behalf of the defendant.
San Francisco Jury Returns $1,125,579 Asbestos-Related Personal Injury Verdict
On January 24, 2002 a San Francisco jury returned an asbestos-related personal injury verdict award of $1,125,579.00 for a Paul & Hanley client dying of malignant mesothelioma, an asbestos-caused cancer of the pleura, or lining of the lung.
The jury returned the asbestos-related personal injury verdict, awarding JOHN B. BERNING compensatory damages and finding defendant, ALLIED SIGNAL, INC. 100% at fault for plaintiff’s injury and damages.
Plaintiff JOHN B. BERNING is a 77-year old retired window glazier from Wichita, Kansas who was exposed to asbestos at his home while changing the brakes on family vehicles.
In January, 2001, JOHN BERNING, husband of Bernadine Berning and father of five adult children, was diagnosed with malignant mesothelioma, a cancer caused by exposure to asbestos.
Mr. Berning filed his claim for asbestos-related injuries in March, 2001. Following a three-week trial and six days of deliberations, the jury found the remaining defendant, ALLIED SIGNAL, INC., failed to warn Mr. Berning of the hazards of asbestos. The jury found ALLIED SIGNAL, INC. was negligent in the manufacture of its asbestos-containing brake products produced in the 1960's and 1970's and used by Berning in brake repair work. The jury also found Allied asbestos-containing brake products to be defective in design and awarded Mr. Berning a total of $1,125, 579.00 in damages.
The jury concluded that Mr. Berning suffered economic damages for lost future pensions, home services, and past and future medical expenses in the amount of $275, 579.00 based upon the testimony of expert economist Dr. Barry Ben-Zion and pulmonologist Dr. Barry Horn. Mr. Berning was awarded $850,000.00 for pain and suffering.
Plaintiff’s expert witnesses included pulmonologist Dr. Barry R. Horn, medical state of the art expert Dr. Richard Cohen, economist Dr. Barry Ben-Zion and materials specialist Dr. Richard Hatfield.
William Hughson, M.D. and Sheldon Rabinovitz, C.I.H. testified on behalf of the defendant.