Georgia Pacific Admits Wallboard Contained Asbestos in NJ Mesothelioma Case

asbestos wallboardFor years, Georgia Pacific has failed to disclose that the wallboard it sold contained asbestos. In a recent deposition taken in a NJ asbestos case, a former GP executive Howard Schutte was forced to admit that the GP fire rated wallboard sold on a mass basis in the United States contained asbestos. The problem  according to noted mesothelioma lawyer Chris Placitella is that “this product is installed in innumerable buildings and the current owners have no idea these walls have asbestos in them. If the walls are demolished there is real potential for asbestos exposure which building occupants and workers will have no idea is happening.” The entire deposition is available at www.mesotheliomalegalblog.com/asbestos-in-wallboard-georgia-pacific.pdf

Asbestos Exposure Continues to This Day

The U.S. Department of Health and Human Services released their 12th report on carcinogenic substances, adding eight more chemical and biological agents, making a total of 240 substances which could have links to cancer. The Report on Carcinogens is a congressionally mandated, science based public health document prepared by the HHS Secretary by the National Toxicology Program.

The eight new additions include “the industrial chemical formaldehyde and a botanical known as aristolochic acids… listed as known human carcinogens. Six other substances — captafol, cobalt-tungsten carbide (in powder or hard metal form), certain inhalable glass wool fibers, o-nitrotoluene, riddelliine, and styrene — are added as substances that are reasonably anticipated to be human carcinogens.”

Asbestos, which was first listed in 1980 in the First Annual Report on Carcinogens, is listed on page 53 of the report, as a “known human carcinogen.”   The report states, “Because asbestos products were used so widely, the entire U.S. population potentially is exposed to some degree; however, the potential for exposure continues to decline, because asbestos mining has stopped, and asbestos products are being eliminated from the market.

The report also states that they majority of risk associated with mesothelioma today comes from “asbestos materials in building and vehicle brake linings, demolition of buildings with asbestos insulation or fireproofing , people who live near asbestos-containing waste sites or asbestos-related industries (if they use asbestos-containing products), landfills which can potentially release asbestos into the air, or people who live and work in deteriorating buildings with asbestos insulation or during or after poorly performed asbestos removal.”

Additionally, the report describes the potential of exposure for family members within a household as well, “Families of asbestos workers potentially were exposed to high fiber levels from contaminated clothing brought home for laundering”, and that, “people living in households with asbestos workers were found to have significantly elevated lung burden of asbestos, often in the same range as found in individuals occupationally exposed to asbestos, such as shipyard workers.”

Occupational exposure still occurs today among workers who use asbestos end products, such as asbestos insulation workers, brake repair and maintenance workers, building demolition workers, and asbestos abatement workers;” meaning hundreds of thousands of workers throughout the U.S. have been estimated to have been exposed to asbestos.

Exposure to asbestos increases the risk of lung cancer and other asbestos-related diseases including asbestosis and mesothelioma.  Mesothelioma is a rare form of cancer that develops in the Mesothelial cells, and is the most serious of all asbestos-related diseases, resulting in death.

According to the report, “A listing in the Report on Carcinogens does not by itself mean that a substance will cause cancer. Many factors, including the amount and duration of exposure, and an individual’s susceptibility to a substance, affect whether a person will develop cancer“…”exposure to asbestos increases these risks.”

 

The Impact of Asbestos Use: Mesothelioma Diagnoses Expected to Rise Worldwide

A New York Times article that was published on June 20, 2011 warns that “heavy use of asbestos is expected to cause rise in deaths in coming decades,” specifically “in Asia over the next 20 years”.  The article cites as their resource, ‘The Official Journal of the Asian Pacific Society of Respirology’ which released a new study that suggests that the proportion of global asbestos use attributed to Asia has been steadily increasing over the years from 14% (1920-1970) to 33% (1971-2000) to 64% (2001-2007).   This increase has been reflected in the absolute level of per capita use across a wide range of countries. In contrast, 12,882 ARD deaths have been recorded cumulatively in Asia, which is equivalent to only 13% of the cumulative number of ARD deaths in the world during the same period. The highest AAMRs were recorded in Cyprus (4.8), Israel (3.7) and Japan (3.3), all of which have banned asbestos use.

“India, China and some other large Asian countries do not record asbestos data, so their official death counts are probably artificially low, the study said. “ Several countries, including Japan and South Korea, banned the mineral after they saw deaths climb.”

According to the Asia Monitor Resource Centre (AMRC), an independent organization which focuses on Asian labor concerns, “China, India, Indonesia, and Thailand are among the largest consumers of asbestos. Because markets in the West are dwindling, asbestos is heavily promoted in Asia.”

“In spite of widespread usage, reported cases of asbestos-related diseases are surprisingly few and reported cases of mesothelioma are rare in Asia except in Japan, Korea, and Singapore. But this does not mean that the problem does not exist.  The problem lies in diagnosis. Most of the asbestos-related diseases are not diagnosed in Asia and thus do not appear in government statistics. This deadly substance is killing workers. Unless drastic action is taken to stop its use, Asian workers as well as the general population will pay a heavy price.”

Since the mineral occurs naturally around the world, many countries have mined asbestos for domestic use as well as export.  Unfortunately, some countries still process, use, and export this toxic substance. Today, Asia accounts for over 45% of world asbestos demand. As developed countries ban or drastically curtail their consumption of asbestos, exporters of this carcinogenic material are working hard to develop alternative markets.  For Asian companies, this demand becomes a means to provide a cheap and efficient raw material for use in Asian industry and the potential to supply asbestos to surrounding countries and thus has caused a real potential hazard for the health and safety of Asian workers.

Here are some resources to read more about the use of asbestos and the health concerns worldwide:
http://www.nytimes.com/2011/06/21/health/21global.html?_r=2&emc=tnt&tntemail0=y
http://onlinelibrary.wiley.com/doi/10.1111/j.1440-1843.2011.01975.x/abstract
http://www.amrc.org.hk/system/files/Asbestos-Asia_0.pdf
http://ibasecretariat.org/ktf_web_fin.pdf
http://ibasecretariat.org/hk_report_web_fin.pdf

Asbestos Laden Waste Creates Health Hazard for Japanese Workers Becoming A Suicidal Act

Months after the Japanese Tsunami officials continue to speculate as to the overall health hazard the cleanup site poses to the workers, volunteers and residents who have been left to roam freely through the debris that remains. According to a recent CBS News article covering the cleanup:

“Workers, volunteers and residents roam freely through the debris. Some wear masks; others don’t, despite the plumes of dust that shoot up every time a giant steel claw grabs a load of debris. On windy days, particles swirl in the air. They sting eyes and irritate throats before leaving behind a thin layer of dust on whatever passes through.

“There are a lot of people going back into the rubble to search for valuables and photos,” said Takuo Saitou, a Sendai-based attorney and a spokesman for a group tackling defective home issues in northern Japan.

“There are people not even wearing masks. This is like a suicidal act,” he said. “We want people to know this is a problem.”

Asbestos fibers are so small that they easily enter the lungs, where they cause inflammation. Studies show they increase the risk of lung cancer, the rare cancer mesothelioma and lung disorders including asbestosis. Because the effects of asbestos are long-term, it often takes decades to see them.

Saitou’s group submitted letters last week to the environment minister and other government officials asking for air monitoring around disaster-hit areas, effective public information, mask distribution and proper handling of asbestos-laden waste.

The problem has been faced before by both Japan and the U.S. — two of the biggest asbestos consumers of the 20th century. As they struggled to address disasters, they found themselves spread too thin to address longer-term health hazards.

To read the entire article, visit http://www.cbsnews.com/stories/2011/04/27/501364/main20057826.shtml

Asbestos Exposure in Homes in 2011 May Cause Mesothelioma in 2050

Unbeknownst to the majority of Americans, asbestos exposure continues to this day even in our homes. This exposure will likely cause mesothelioma until exposure is stopped. Exposure that occur today, because of the long latency period , will likely be responsible for mesothelioma in 2050.

Perhaps the most significant source of residence based exposure today occurs through the renovation of older homes. Much attention in the past has been focused on asbestos on piping and boiler components. This asbestos is easily identified and tested. A much more dangerous and insidious source of asbestos exposure, however, is that which results from demolishing or altering the drywall board panels that are ubiquitous throughout the United States. From the early 1960s through 1977, a large percentage of walls and ceilings constructed in homes and offices used asbestos containing joint compound to fill the seams or joints between wall board panels. In 1977, the Consumer Product Safety Commission (CPSC) finally outlawed the use of asbestos in spackle and joint compound. According to the CPSC “inhalable asbestos in the household from consumer patching compounds…presents a great risk due to the presence in the household of persons, such as children, who may be particularly vulnerable to carcinogens.” Even after the ban was announced, however, companies manufacturing the spackle or joint compound made decisions to sell off the entire remaining product rather than recall it from the shelves of retailers and safely dispose of it. No effort however was made to address exposures that would occur as a result of asbestos already installed. The amount of asbestos in homes built with drywall “jointed” with asbestos containing spackle or joint compound during these two decades is incalculable. Its legacy is not. Every time a wall is demolished or altered, asbestos fibers released from the activity will contaminate the home. This contamination will likely produce numerous mesothelioma well into this century.

A key take home message of all this, is that before doing any residential renovations on any home or apartment built before 1980, you should consult an expert to determine if the potential for asbestos exposure exists as a result of alteration or demolition. If you are going to purchase a home built before 1980, have it inspected by someone who is knowledgeable about asbestos. It is also important to inquire about the history of the home and whether any significant abatement or home improvement  projects took place  in recent years . If the answer is yes you should consider the extra step of having sampling done to insure the home is not contaminated by asbestos fibers in any way.

It is only with knowledge and vigilance that we can prevent intentional exposure that will otherwise devastate families in injury and mortality for many years to come.

Become Involved

To become involved you should contact an organization either locally or nationally to find out what you can do.

Here are a few of the organizations, advocacy organizations, and foundations that are leading the way and providing information for mesothelioma victims and their families:

Asbestos Disease Awareness Association
http://www.asbestosdiseaseawareness.org/

ADAO is the largest non-profit organization dedicated to preventing asbestos exposure to eliminate disease. The association encourages everyone to become a part of their ADAO family, and are a resource for information and how get involved, advocate for the cause and help make asbestos disease a thing of the past!

The Mesothelioma Applied Research Foundation
http://www.curemeso.org

The Mesothelioma Applied Research Foundation is the nonprofit collaboration of patients and families, physicians, advocates, and researchers dedicated to eradicating the life-ending and vicious effects of mesothelioma.

Their mission is to marshal and utilize these resources responsibly, as effectively as possible and with financial transparency to:

Offer hope and support to patients and families by educating them on the disease, helping them to obtain the most up-to-date information on treatment options and to connect with meso treatment specialists, and providing them assistance, emotional support and community with others;

Fund the highest quality and most promising meso research projects from around the world through rigorous peer-review; and

Raise awareness of meso, and advocate that the public and private sectors partner in the effort to cure it by directing the resources needed to stop this global tragedy.

Katie’s Hope Foundation for Mesothelioma
http://www.katishope.org

Katie’s Hope Foundation for Mesothelioma is a grass roots organization founded by the wife of a mesothelioma victim. Their mission is to fund medical research to find a cure for Mesothelioma and to help patients and their families devastated by the diagnosis of malignant Mesothelioma.

Mesothelioma Research Foundation of America
http://www.mesorfa.org/

The Mesothelioma Research Foundation of America has a mission: fund research that will lead to the quickest cure for mesothelioma. Since the year 2001, the foundation has funded the opening of the Mesothelioma Laboratory under the supervision of Dr. Gill at the USC/Norris The Board Members are from the left United Association International Representative James W. Kellogg, Board Member; Jerry Neil Paul, Founding Director; Elizabeth Ann Paul, Executive Director; and Dr. Parkash Gill, M.D., Chairman of the Medical Advisory Board. Comprehensive Cancer Center in Los Angeles. In the process, Dr. Gill (a board certified oncologist and hematologist) has received FDA approval from the U.S. Government to do Phase I Clinical Trials on a new mesothelioma treatment drug called Veglin, whose research was 100% funded by the foundation. It proved successful in Phase I and Phase II of the clinical trials for Veglin began July 30th, 2004. Their mission is to provide more effective treatment over what presently is available for mesothelioma victims.

National Mesothelioma Foundation
http://www.n-m-f.org/services.htm

The National Mesothelioma Foundation is a non-profit organization supporting mesothelioma patients and their families. They provide information and help for those undergoing treatment for this disease

GM Victimizes Mesothelioma Patients a Second Time

Last weekend a bankruptcy judge approved the sale of GM as part of the bailout. The settlement leaves those currently injured by defective vehicles out in the cold. While the courts provided a partial win for GM vehicle owners by ruling those injured in a defective vehicle from the date of sale forward can pursue a claim, all pending cases are wiped out by the bankruptcy agreement, including current and future asbestos cases. 

How were workers exposed to asbestos at Chevron:Read here

In this deposition we recently took Chevron admits that it did not  stop using asbestos in its Perth Amboy refinery until 1972,  more than 3 decades after learning that asbestos could kill. According to this witness there was more than 12 miles of asbestos on the piping alone in the Perth Amboy. This had the capacity to cause massive exposure to anyone in the area where asbestos was installed or removed. See http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Despite-Knowledge-Chevron-Uses-Asbestos-Causing-Massive-Exposure–1-32495.html

New Australian Study Predicts Mesothelioma Rates Will Not Peak Until 2014

According to a study just released the incidence of mesothelioma in that country may not peak until the year 2114. A similar study done by Dr. Nicholson from Mt Sinai once predicted the rate would peak in the Untied states this year. Those estimates probably need to be revisited. In my practice, i have seen more mesotheliomas in the last year than in my previous 25 years of practice representing people who have been stricken with this terrible disease. Fro us the cases hit home every time we get a new one as we lost our grandfather to mesothelioma. Some progress has been made with treatment but certainly not enough. The key to a fighting chance i early detection. which means that if you belive you have has significant asbestos exposure even as a wife washing asbestos laden clothing, you need to tell your doctor and insure you get regular check up

For more on the Australian Study read http://ohsonline.com/articles/2009/06/26/mesothelioma-in-australia-may-peak-in-2014.aspx

Was Bendix Mocking Asbestos Vicitims?

In defending asbestos cases asbestos companies often argue that they were unaware of the dangers of asbestos and when they finally found out they acted responsibly.  Of course in many cases this assertion is a fiction as made clear in the letter from Bendix (manufacturer of asbestos brakes) Johns  Manville where the Bendix executive states  My answer to the problem is that if you have made a good life while working with asbestos "why not die from it"

Click on the attached link to read  the evidence for yourself. http://www.mesotheliomalegalblog.com/mesothelioma-litigation/pdf/bendix%20-%2000004290.pdf

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