On May 14, 2013, a Washington jury handed down a $6,031,928 verdict against Caterpillar, Inc. for asbestos-related negligence that allegedly resulted in the death of a former maintenance worker, Ed Estenson. The judgment was a victory for Mr. Estenson’s surviving family members, Betty Estenson and her four adult children, Debra Cadiente, Neil Estenson, Valerie Moore, and Julie Baker.

In the 1950s and 1960s, Mr. Estenson helped operate and maintain dozers for Caterpillar. However, the company failed to alert Estenson of the possible health dangers he faced working on their product, which contained asbestos. More than 50 years later, Mr. Estenson developed malignant mesothelioma – a cancer he battled for two years and eventually lost his life to in February 2012.

Malignant mesothelioma is an aggressive cancer caused by exposure to asbestos. Inhalation or ingestion of asbestos can lead to cancer many decades later. Unfortunately, there is no cure or mesothelioma and attempts to slow the disease are often unsuccessful. The dangers of asbestos exposure have long been known, but many employers and manufacturers continued hazardously using the mineral for many decades until it was eventually regulated and phased out for use in the most U.S. industries.

Mesothelioma attorneys, Jessica Dean and Kyle Tracy of Simon Greenstone Panatier Bartlett, PC, represented Mrs. Estenson and her children as they sued Caterpillar for design defects and failure to provide warning of the potential health hazards that Mr. Estenson faced when operating and working on their dozers. Judge Douglass A. North and the King County Superior Court jury saw fit to hold Caterpillar, Inc. responsible for Estenson’s asbestos exposure, awarding the plaintiffs for economic losses, non-economic losses, and loss of consortium.

Although no amount of money will bring back a loved one lost to mesothelioma, victims and families who have the courage to pursue compensation for their losses – as Mr. Estenson’s family has done – hold negligent companies responsible for their carelessness. If you or someone you know has been diagnosed with mesothelioma, contact the asbestos lawyers of Simon Greenstone Panatier Bartlett, PC today.

Asbestos is a dangerous and toxic substance heavily regulated in the U.S. and in countries around the world. Exposure to the mineral is solely responsible for the deaths of millions of people worldwide who acquired mesothelioma after inhaling or ingesting the tiny fibers that were once widely used in construction and manufacturing.

Although asbestos is no longer used on the broad scale that it once was, it remains a threat today – especially in homes that were built using asbestos-containing materials. No one wants to find asbestos in their home, but there is no need to be alarmed if you come across the substance on your property. Just take a few simple precautions to protect you and your family from its potentially toxic effects.

1.    Don’t Touch It

Asbestos is very fine and its particles are easily erupted into the air when disturbed. Do not touch or attempt to remove any asbestos or product you think may contain asbestos – even to inspect it. Asbestos inhaled in any amount will put you at risk for developing mesothelioma later in life.

2.    Monitor Its Condition

As long as asbestos products are in good condition and left undisturbed, they do not present a risk to your health. However, if they begin to deteriorate or pieces begin to break away, microscopic particles can become airborne and travel through the household air supply. If you find that asbestos-containing materials, such as insulation, are not in good condition, contact as asbestos abatement company for safe removal.

3.    Remove It Before Remodeling

If you plan to remodel your home or replace asbestos-containing insulation with new materials, do not attempt to remove asbestos yourself. Instead, contact an asbestos abatement professional who is not only trained in asbestos removal, but also certified. Asbestos improperly removed can pose a serious health threat to you and your family for life.

Considerations

Asbestos is often not identifiable to the untrained eye unless it is clearly labeled. The Environmental Protection Agency recommends avoiding any product or substance that you think could possibly contain asbestos and instead hire a professional asbestos inspector.  

Friction Division Products of Lawrenceville, New Jersey is on the hook for an asbestos clean-up bill that cost the Environmental Protection Agency approximately $1.8 million in tax payer dollars to remove. Now, the EPA is demanding repayment for the work and has reached a legal settlement to recover more than 90 percent of the project’s total costs.

Friction Division Products is an American brake pad manufacturer that formerly leased business space at a Lawrenceville site owned by D.S.C. of Newark Enterprises. But when the company went bankrupt, it shut down business at its Lawrenceville site and abandoned it – leaving the property littered with debris and asbestos. In 2007, the EPA stepped in to clean up the site, reportedly removing more than 70 tons of asbestos-containing materials.

The EPA has a policy of recovering asbestos removal costs whenever possible. The policy is part of a measure passed by congress to require responsible parties to pay for toxic or harmful waste removal. Although not every case is as successful, the settlement with Friction Division Products ensures that fiscal responsibility will lie primarily with those responsible for the expenses.

Asbestos is a naturally-occurring mineral that was once mined and used in construction and manufacturing for its fire retardant and insulating properties. Eventually, the mineral was found to be responsible for a deadly form of cancer called mesothelioma. When inhaled or ingested, asbestos fibers can stay dormant in the body for several decades before causing the disease. More than 3,000 people are diagnosed with mesothelioma every year – all of whom were once exposed to asbestos.

Although asbestos is no longer used as a primary component in construction, it is still used in some manufacturing, including commercial brake construction. Friction Division Products was using asbestos to produce its brake pads, and its negligence in leaving behind asbestos-containing materials was irresponsible and could have posed a potential health threat.

Mesothelioma is a rare cancer that affects about 2,000 to 3,000 Americans every year. Because of the disease’s scarcity and aggression, science is still in the early stages of understanding the cancer and how to better manage it. Most recently however, a new beam of hope has surfaced from a pair of Swiss researchers who say that calretinin suppression could be the answer to better managing the disease.

Calretinin is a protein found in mesothelioma cells. It binds to calcium, creating a compound that seems to help support and protect the growth and proliferation of mesothelioma cancer cells in the body. The researchers found that when they manipulated ribonucleic acid to suppress calretinin levels in the cells, it induced cell death within hours.

Calretinin suppression seems to have the best results among epithelioid mesothelioma cells, which are the most common are typically represent about half to two-thirds of all types of malignant mesothelioma. In those cells, suppression of calretinin led to reduced cell viability as well as diminished proliferation of the cells. However, even the sarcomatoid type of mesothelioma cells – which represent only 10 to 15 percent of all cases – responded to calretinin suppression. The effects were not as immediate, but were still impressive.

Until now, calretinin detection was merely used as a diagnostic tool rather than a source of targeted therapy. But these preliminary findings have led scientists to believe that calretinin suppression therapies could hold the key to preventing the growth and spread of mesothelioma cancer cells in the body.

About Mesothelioma

Mesothelioma is a rare, but aggressive cancer caused by exposure to asbestos. When asbestos is inhaled or ingested – often unknowingly – it stays in the body for many decades. Some people eventually develop mesothelioma as a direct result of asbestos exposure. Most cases of mesothelioma are diagnosed between 30 and 50 years after initial exposure. Not all people who are exposed to asbestos develop the disease, but of those who do, treatment options and prognosis are severely limited.

If you or someone you know has been diagnosed with mesothelioma, you may be entitled to compensation. Many victims of this disease were exposed due to the negligence of employers or manufacturers. At Simon Greenstone Panatier Bartlett, PC, we are standing by to hear your story and help you determine if you are entitled to reparation for you and your family’s pain and suffering.

At one time, asbestos was used anywhere and everywhere thanks to its insulating and fire-resisting properties. Today, it is widely recognized as a menace to human health, shrouded in warnings of the potential hazards and high health risks that face those who dare inhale or ingest its fibers. The mineral is no longer used to insulate homes and walls, but it still remains in millions of buildings and houses around the country, posing danger to anyone tasked with removing, or otherwise tampering with the substance.

 Unfortunately, asbestos is very difficult to detect. Its fibers are so fine, they can easily be released into the air during construction projects on older homes and commercial buildings. Until now, the only means of detecting asbestos required a long process of air filtration, counting fibers and then x-raying the fibers for inspection. Now, that process has been simplified thanks to the mobile asbestos detector developed by the University of Hertfordshire.

The new mobile asbestos detector is the first laser-based asbestos recognition device capable of distinguishing asbestos fibers in real-time. Other on-site detection products are available, but they are incapable of distinguishing asbestos from some other fibers, such as mineral wool. The new laser detector takes advantage of the unique magnetic properties of asbestos to make a distinction between safe and unsafe airborne particles. As this technology becomes more mainstream, researchers and developers hope the laser-based asbestos detector will reduce the number of occupational asbestos-related deaths in the future.

Asbestos is a dangerous substance that can cause terminal cancer when inhaled or ingested. The fibers remain in the body for decades, and for some, cause an aggressive form of cancer known as mesothelioma. Every year, thousands succumb to the disease due to a prior exposure to asbestos. Many were exposed to asbestos in the workplace, either unknowingly or without knowledge of the mineral fiber’s dangers to human health.

Today, negligent employers and manufacturers around the world are being held accountable for the vast number of mesothelioma cases that could have otherwise been prevented had safer workplace and manufacturing standards been adopted. If you or someone you know has developed mesothelioma, you need the skill and experience of the mesothelioma attorneys at Simon Greenstone Panatier Bartlett, PC. We are devoted to mesothelioma victims and helping them achieve financial remuneration for their suffering. Call us today for a complimentary case evaluation.

]]> http://www.sgpblaw.com/mobile-asbestos-detector-could-make-workplace-safer/feed/ 0 http://www.sgpblaw.com/u-k-widower-wins-mesothelioma-settlement-on-behalf-of-late-wife/ http://www.sgpblaw.com/u-k-widower-wins-mesothelioma-settlement-on-behalf-of-late-wife/#comments Sun, 07 Apr 2013 17:44:54 +0000 SGPB http://www.sgpblaw.com/?p=1203

Mesothelioma has long been linked to asbestos exposure – even in small amounts. Most associate the disease with individuals who have worked in construction or manufacturing – not relatively ‘safe’ jobs like retail cashiers. But the widower of Betty Westhead knows all too well that asbestos exposure can occur anywhere. And now, he has a six-figure settlement that may open the door to many more similar lawsuits against the company his late wife once worked for.

Betty Westhead was an employee of Woolworths for 35 years between 1947 and 1982. She worked as a cashier at the Durham Market Place location, which underwent extensive renovations in the 1960s while she was an employee. During that time, Mrs. Westhead was exposed to asbestos, a dangerous mineral known to cause of mesothelioma. She was also subjected to additional asbestos on a daily basis, as Woolworths used the mineral at the time on worktops and sold ironing boards containing asbestos dust.

It wasn’t until 2009 that Mrs. Westhead was diagnosed with mesothelioma – approximately four to five decades after initial asbestos exposure. But asbestos is known for causing mesothelioma many years after exposure, usually between 30 and 50 years. In June 2010, Mrs. Westhead succumbed to the disease, which her husband and lawyers claimed was caused by occupational asbestos exposure.

Mr. Westhead settled with Woolworths outside of court for a six-figure sum, but claims he would “give it all to have her back.” Westhead’s lawyer has said that he believes many more workers were subjected to asbestos at the Durham Market Place Woolworth’s store, and that many more may come forward for compensation in the future.

Mesothelioma Litigation

This case is only one of many more like it. Around the world, thousands of people live with mesothelioma, most faced with a poor prognosis and difficult health battle. Victims and their families often file suit against the manufacturers and employers who were negligent in the protection of their employees and the general public. At Simon Greenstone Panatier Bartlett, PC, our mesothelioma lawyers handle asbestos-related litigation on a daily basis. We represent the thousands of lives lost to this horrible disease and do our best to bring justice to them and their families. If you or someone you know has been diagnosed with mesothelioma, contact us today. We may be able to help you get the compensation you deserve.

The Dumbarton Middle School – a campus just outside of Baltimore, Maryland – is undergoing minor renovations. It intends to replace a workroom sink and some ceiling tiles that are thought to contain asbestos. Although there are only a few tiles being replaced, the risk of disturbing the asbestos fibers in those tiles is enough to require the school to temporarily close the campus and place asbestos contamination warning signs around the school as a precaution.

Dangers of Asbestos

Asbestos is a naturally occurring mineral known for its fire retardant and insulating properties. It was mined and used in construction and manufacturing throughout much of the 20^th century until research proved it was causing serious health complications and even death in some victims exposed to asbestos fibers either through inhalation or ingestion. Eventually, asbestos became a strictly regulated substance that now requires professional intervention for removal or abatement.

Dumbarton Middle School has attempted to ease student, parent and staff worries by reassuring the public that the asbestos fibers inside the school are non-friable, which means they pose no health threat unless disturbed. As a precaution, the school’s assistant principal Chuck Bolger assured reporters from The Baltimore Sun that all abatement procedures would be conducted during the weekend while the campus is closed to students and staff members.

According to the Environmental Protection Agency, The Asbestos Hazard Emergency Response Act contains strict guidelines for public and private schools to manage or remove asbestos from their structures. Dumbarton Middle School has taken steps to attempt to comply with these guidelines by not only inspecting the property for asbestos, but by also taking action to prevent asbestos exposure in the future.

The Centers for Disease Control reports that elementary teachers have been found to have higher proportionate asbestos-related mortality ratios than most other professions. This could be due to the fact that more than 100,000 school campuses across the U.S. are thought to contain asbestos, and even more did in the past.

Asbestos exposure is not as prevalent as it once was, but even a small amount of inhalation or ingestion puts a person at risk for developing asbestosis or malignant mesothelioma. Thousands of people are diagnosed with mesothelioma every year, and most can expect to live between 4 and 18 months following diagnosis. Mesothelioma is completely preventable, but contains a long latency period of as much as 40 years. Victims who have been diagnosed with mesothelioma are encouraged to contact an experienced mesothelioma attorney for legal assistance.

This new technique is borrowed from scientists specializing in astronomy, who already use advanced algorithms to detect new planets and other objects in the cosmos. Researchers have found that this same software can be used to mechanize immunohistochemistry – potentially eliminating the need for microscopic analysis.

But that’s not all.

This technology could help researchers better understand cancer as it relates to gene mutations. As more and more tissues are examined, new correlations may be made between various patients to help identify key factors that could predispose someone to cancer. The result could eventually yield earlier diagnosis and even more personalized treatment plans in the future.

Right now, cancer therapies and medications are typically administered as blanket treatments. This hit or miss approach can take a toll on a patient and also allow cancer to continue growing until an effective treatment is found. With automated cancer cell analysis, researchers may be able to more accurately pinpoint various proteins and genes associated with specific types of cancer, and they may also begin learning which treatments are most effective for each type of cancer cell.

Researchers are beginning to use the scientific software with breast cancer, having started with an initial tissue sampling of 2,000 patients. Researchers have reported results that are “better than [they had] hoped.” The next phase of research will be on a much larger scale, with 20,000 tissue samples being studied. But if all goes as planned, this new technology could make it easier for doctors to more accurately diagnose cancers that are often mistaken for other types of cancer, such as mesothelioma.

About Mesothelioma

Mesothelioma is a very rare disease diagnosed in approximately 3,000 Americans every year. It is caused by exposure to asbestos – usually several decades prior to diagnosis. The cancer is highly aggressive and typically does not respond well to conventional cancer treatments. Early diagnosis of mesothelioma is essential for treating this disease and improving a patient’s prognosis.

Veit Disposal System originally filed for a permit to dump the dangerous materials at a landfill just north of the city of Austin. The company maintained that although it recognized the dangers of asbestos exposure, the particles in the landfill would not be a threat to the properties and residents in the area. But the concerns of area residents soon helped persuade the county against allowing the dumping.

The county rejected Veit Disposal System’s request citing that the asbestos could jeopardize the health of residents near the landfill (one home is just 1,000 feet away), as well as those in nearby Austin. However, Veit Disposal System contested the decision with the Minnesota Court of Appeals under the pretense that the asbestos would not be hazardous if it were buried in the landfill in plastic bags that were pre-sealed. There would also be restrictions on times when the asbestos materials could be buried, such as when winds are less than 10 miles per hour.

On Wednesday, February 20, 2013, the Minnesota Court of Appeals came to a decision after hearing the testimonies and arguments of Veit Disposal Systems, as well as concerned residents near the landfill and realtors who backed up claims that dumping asbestos could negatively affect property values. The court released a judgment validating Mower County’s permit denial and preventing Veit Disposal Systems from dumping harmful asbestos in the landfill.

Many residents feel as though they dodged a bullet. Asbestos is a very dangerous substance that, when inhaled or ingested, can result in the development of serious diseases, such as mesothelioma. Although asbestos is strictly regulated now, it was once a standard material in construction and manufacturing throughout most of the developed world. Today, much of it remains hidden in the walls and insulation of old buildings, and removing it is a delicate task that requires professional abatement.

Many people have been unknowingly exposed to asbestos in the past due to the negligence of companies and employers who placed public health at risk with irresponsible use and handling of the substance. Victims who are suffering health complications due to prior asbestos exposure are encourage to contact a mesothelioma legal advocate who will defend their rights and fight for the justice they deserve.

Now, a change in leadership in Quebec has provoked new national standards regarding asbestos and its safety. The country will now acknowledge the carcinogenic properties of asbestos as defined by the United Nations. Many are viewing the acknowledgement as a precursor for the end of the asbestos mining and exportation practices throughout Canada. Already, the government has begun restricting funding for asbestos industry support groups and lobbyists, which has led to the closure of The Chrysotile Institute.

Asbestos and Mesothelioma

Asbestos is a dangerous substance that was prevalent in developed countries throughout the twentieth century. The mineral has fire-retardant properties that were used heavily in manufacturing and construction – that is until evidence arose that the fine mineral was causing severe respiratory diseases and an aggressive form of cancer known as mesothelioma.

Mesothelioma often does not develop until three to five decades following the initial exposure to asbestos. This year alone 3,000 people will be diagnosed with mesothelioma, which carries a very poor prognosis. Many of individuals who develop the disease were exposed to asbestos unknowingly or without being warned of its dangers.

If you or someone you know has developed mesothelioma or another illness as the result of asbestos exposure, you are not alone. Thousands of people just like you have, are or will fight the same battle – many of whom receive significant compensation from those who were responsible for causing the disease. No amount of money can undo the damage that mesothelioma causes victims and their loved ones, but those who are responsible for that suffering should be held accountable. Contact an experienced mesothelioma trial attorney today for a free case evaluation, and get the help you deserve.