Exxon Mobil to Pay Pipe Fitter Suffering from Asbestosis Over $1 Million

Energy giant Exxon Mobil has been ordered to pay a pipe fitter with Asbestosis Over $1 Million. Further details can be found below in the clip from today's press release:

"A jury has awarded $1,083,000 to Merle Sandy, a 60–year–old retired pipe fitter suffering from asbestosis and colon cancer caused by his on–the–job exposure to asbestos. Asbestosis is a painful scarring of the lungs that causes shortness of breath and reduced lung capacity. It is not curable. Mr. Sandy underwent surgery for the colon cancer, but the tumor has spread to his liver and his condition remains serious.

The defendant, Exxon Mobil Corporation, is the former owner and operator of an oil refinery located in Benicia, California, where Merle Sandy did industrial maintenance work. He was exposed to dangerous levels of asbestos while removing insulation and working with asbestos gaskets, packing and welding blankets.

Employed by an independent contractor, Mr. Sandy worked at the Benicia refinery from 1970 through 1974. He also worked at the refinery in 1977 and 1979. Although Exxon Mobil personnel oversaw Mr. Sandy’s work, the company did not disclose that the products he was working with were hazardous, or provide information about the location of asbestos at the refinery, the plaintiff said. Exxon Mobil also did not instruct Mr. Sandy about how to work safely to prevent asbestos exposure or provide him with respiratory protection.

The testimony of Exxon Mobil’s medical officials, as well as internal documents, established that the company was fully aware of the risk of disease posed by asbestos dust at its refinery properties as early as 1937, according to the plaintiff.

Christopher Andreas and Andrew Chew of the Novato, CA office of Brayton Purcell represented Merle Sandy at trial. San Francisco Superior Court Judge Gail Dekreon presided. The case is Merle Sandy v. Exxon Mobil Corporation (San Francisco Superior Court, No. 324212).

About Brayton Purcell:

For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the areas of asbestosis, asbestos colon cancer, asbestos lung cancer, mesothelioma and other asbestos diseases.

For more information, call 415-898-1555 or visit our firm web site at http://www.braytonlaw.com. For legal, legislative and medical news about mesothelioma and other asbestos cancers, see our specialty web sites, Asbestos Network at http://www.asbestosnetwork.com and Mesothelioma Network at http://www.mesotheliomasite.com"

The Doctor-Patient Alliance for Responsible Asbestos Policy Calls On The U.S. Senate to Fix The Asbestos Trust Fund Bill (S.852)

The Doctor-Patient Alliance for Responsible Asbestos Policy wants The U.S. Senate to fix the Asbestos Trust Fund Bill S.852. Further details can be found below in the snippet from today's press release:

"The Doctor-Patient Alliance for Responsible Asbestos Policy today repeated its call on the U.S. Senate to cure fatal flaws in the proposed Asbestos Trust Fund bill (SB 852).

Last July, the nationwide group of 34 doctors who treat mesothelioma patients urged the U.S. Senate to remove the 'one-size-fits-all' cap on awards and install a due process hearing, at which patients could prove their special medical and financial hardship damages and have their award tailored accordingly. The claims review system would be modeled after the 9/11 Victims Compensation Fund.

In addition, the Doctor-Patient Alliance asked for assurances that dying mesothelioma patients would be fairly compensated during their shortened life span. The detailed letter was sent to all 100 U.S. Senators.

'We are disappointed that our suggestions were ignored,' said Dr. Harvey Pass, Chief of Thoracic Surgery at New York University Medical School. 'This bill presented an historic opportunity to enact legitimate reforms that would directly benefit present and future meso patients. Regrettably, the bill actually hurts more than helps meso patients.'

'The $1.1 million cap is insufficient to meet the medical, hospital, travel, lodging and other costs of mesothelioma patients who pursue the best treatments, which include surgery, chemotherapy, radiation, or a combination of therapies,' said Dr. Robert Cameron, Chief of Thoracic Surgery at UCLA Medical School. 'The inflexible cap fails to address the ongoing medical costs of patients who survive long enough to outlive the median survival time but who remain disabled and unable to earn a living. The bill ends up discriminating against the early stage, usually younger, patients whose life-long medical costs are certain to exceed their award.

'Mesothelioma must be treated as a chronic disease that requires a lifetime of care and treatment,' said Dr. Cameron. 'The costs of staying alive will far surpass the bill's arbitrary cap. Worse, some patients may decide against expensive novel treatments to stockpile the meager 'compensation' for their family.'

In addition, the Alliance argues that any awards should be made while the money can be effectively invested in life-extending cures. 'I doubt very much that the new bureaucracy will be up and running within my life time,' predicts Dr. Bret Williams, age 52, a two year meso survivor who has incurred over $600,000 in medical bills. 'It will take at least two years for the new federal agency to start paying out claims, while the median survival for mesothelioma patients is about nine months.'

Dr. Williams, who has resolved his third-party civil claim, noted that most states have laws that allow in extremis meso patients to obtain preferential trial settings. For example, in Colorado and California, courts are required to set hardship meso cases for trial within 120 days. 'I don't buy the rhetoric that an untested, under funded and at this point non-existent federal agency will pay out fair compensation faster than the court system,' said Dr. Williams.

The Doctor-Patient Alliance has concerns that the bill will unduly restrict access to the Fund based on industry-friendly exposure criteria. 'The Bill provides only for those with prolonged, occupational exposure. It excludes those with neighborhood exposure, or exposure only in schools or homes or while doing 'shade tree mechanic' work. It completely knocks out the first responders to the World Trade Center collapse,' said Dr. Williams.

'My family would not have been compensated under the Trust Fund, since I was exposed while doing sporadic home repairs and while working with vermiculite potting soil,' noted Dr. Williams.

'The U.S. Senate should correct these serious flaws or start over,' said Dr. Pass. 'Our government must do better when it comes to federal compensation initiatives. Recent studies of similar programs, like the Black Lung fund, make me skeptical that the asbestos trust fund will work. The motives may have been noble, but every federal compensation program to date has been marred by much higher costs, more claims than predicted, serious delays in meeting the demand and long intervals between the date the bill became law and the day the government started writing checks.'

'I have a message for Dr. Frist,' said Dr. Williams. 'We belong to a privileged profession. Years ago, we dedicated ourselves to healing the sick, to caring for people from all occupations. It's been said that politics is 'medicine on a grand scale.' The principles guiding patient care should inform your decisions today. Let's ban asbestos. Let's fund research on effective treatments to stave off the asbestos health crisis. But let's not bail out industry at the expense of victims. Dr. Frist, do no harm'

For more information, see http://www.drpatientalliance.org/."

Some Interesting Facts About The History and Status of Asbestos In The USA

I came across an interesting press release today that contained some fascinating information related to the history and status of asbestos in the United States. For example, in 1989, The U.S. Environmental Protection Agency (EPA) banned asbestos, but The U.S. Circuit Court of Appeals overturned the EPA ban in 1990.

And here's another fact that you probably don't hear too often: an estimated 30 million schools, homes, and office buildings are already contaminated with some form of cancer-causing asbestos.

More details can be found below in the snippet from today's press release:

"The February edition of CancerWire focuses on the continued presence of a carcinogen that will stun many Americans – asbestos the well known carcinogenic mineral is still being used in the U.S. and this deadly mineral can be found in over 30 million homes and schools. These revelations and others were provided during a recent interview with Linda Reinstein of the Asbestos Disease Awareness Organization (ADAO).

Asbestos Diseases are Incurable
When her husband Alan was diagnosed with a deadly cancer (mesothelioma) which is caused by asbestos, Linda Reinstein decided to take a stand. She turned her anger into action and co-founded the Asbestos Disease Awareness Organization (ADAO). Today, ADAO is an international organization that has representatives throughout the world and offers support, resources and education for a growing community of patients and caregivers.

Ms. Reinstein wants more Americans to know about asbestos so they can protect themselves and avoid being diagnosed with an incurable disease like her husband. 'Asbestos can cause or contribute to cancers such as mesothelioma, lung, larynx, esophageal, and stomach cancer and many non-malignant diseases such as asbestosis and chronic pulmonary respiratory disease. Ten thousand lives are lost in the U.S. every year to all asbestos-related disease. Each case is incurable and often deadly and every case could have been prevented because the dangers of this mineral were known in the early 1900’s,' Ms. Reinstein explained. This enormous death toll may actually be under-reported because asbestos diseases are usually hard to diagnose. Many victims will die of cardiac failure or pneumonia and are never diagnosed with an asbestos related disease.

No Asbestos Ban?
In 1989, the EPA announced an asbestos ban and phase out. But in 1990, the ban was overturned by a U.S. Circuit Court of Appeals. 'So we don’t have an actual ban on asbestos, but instead a regulation to reduce exposure,' said Reinstein. 'Asbestos is allowed in certain concentrations. For example, under OSHA, an employee cannot be exposed to more than 0.1 asbestos fibers per cubic centimeter of air for an average eight hour work day. But, this gets confusing because how does a consumer know if a given product fits within those guidelines?' According to Reinstein these regulations may not even matter because the EPA has repeatedly stated that there is no safe level of asbestos exposure.

In addition to having asbestos present in new products and materials, an estimated 30 million homes, schools and offices are already contaminated with the mineral. So construction, repair, or demolition in older structures can lead to exposure as we saw on 9/11 with the World Trade Center. 'One life lost to an asbestos related disease is tragic; hundreds of thousands of lives lost is unconscionable. While we can’t reclaim the lives of our loved ones, we can make the world a better place for those who come after us.' Reinstein concluded.

The entire interview will soon be available at http://www.cancermonthly.com/

For more information about the ADAO go to http://www.asbestosdiseaseawareness.org/"

Mesothelioma-Attorney-Case.com Is Officially Against The Fairness in Asbestos Injury Resolution (FAIR) Act of 2005

The folks at Mesothelioma-Attorney-Case.com are officially against The Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, also known as The Asbestos Trust Fund Bill (S.852).

Here's a snippet from a Mesothelioma-Attorney-Case.com press release that was issued today:

"Mesothelioma-attorney-case.com joins opposition against Bill S.852 - the Fairness in Asbestos Injury Resolution Act of 2005.

Bill S.852 is being touted by lobbyists as the solution to help ease the burden on our judicial system regarding asbestos litigation.

The true effect of the bill if passed, will be to add several layers of government involvement to an already overburdened legal system.

Increased federal involvement will not produce a decrease in expenses due to asbestos litigation.

Adding another layer of bureaucracy to victims stricken with Mesothelioma is not the answer. Individuals exposed to these harmful agents have the right to be heard on an individual basis.

The Bill has set guidelines regarding the individuals past exposure to asbestos.

To place individuals exposed to asbestos in a 3 level template is unjust.

The Three levels of asbestos exposure are defined in a qualitative and subjective manner based on the length of employment in an asbestos exposure-related job. They are:

• Moderate Exposure
  In a standard work year, the person worked in areas immediate to where asbestos-containing products were installed, repaired or removed and involved regular airborne emissions of asbestos. This counts as one year of substantial occupational exposure.
  
  
• Heavy Exposure
  In a standard work year, the person was involved in the direct installation, repair or removal of asbestos-containing products and thus was exposed to asbestos on a regular basis. This counts as two years of substantial occupational exposure.
  
  
• Very Heavy Exposure
  In a standard work year, the person worked in primary asbestos manufacturing, a World War II shipyard or the asbestos insulation trades and thus was exposed to asbestos fibers on a regular basis. This counts as four years of substantial occupational exposure.

We feel the proposed bill will severely limit individual’s rights to just compensation in a timely manner. Mesothelioma is a dehumanizing disease caused by asbestos exposure.

For the full results of our findings you can visit Mesothelioma-attorney-case.com/."

Asbestos Victims' Groups Come Together In Opposition to The Asbestos Trust Fund Bill (S.852)

The list of citizen, professional and legal organizations that are voicing their opposition to The Asbestos Trust Fund Bill (S.852) continues to grow.

Here's a clip from the latest press release related to S.852:

"Today, leaders of the nation's top asbestos victims' organizations reiterated a number of their deepest concerns with the asbestos trust fund bill in an open letter to Congress. U.S. Majority Leader Frist plans to bring up the legislation on February 6, before the many priority issues addressed by the President in his State of the Union Address on Tuesday.

Five victims' leaders wrote Sens. Frist and Reid on behalf of thousands of asbestos victims across the country, outlining a laundry list of concerns they have with the asbestos trust fund bill, S. 852. Signatories include:

• Susan Vento, chairperson, Committee to Protect Mesothelioma Victims-CPMV (Washington, DC);
  
  
• Linda Reinstein, co-founder and executive director, Asbestos Disease Awareness Organization-ADAO (Redondo Beach, CA);
  
  
• Michael Bowker, founder and executive director, Asbestos Victims Organization-AVO; Author, Fatal Deception: The Untold Story of Asbestos: Why It is Still Legal and Why It Is Still Killing Us (Placerville, CA);
  
  
• Jim Fite, national secretary, White Lung Association-WLA (Baltimore, MD); and
  
  
• Barbara Zeluck, secretary, White Lung Asbestos Information Center-WLAIC (New York, NY);

The groups raise a number of concerns, including the facts that the bill would: strip asbestos victims of their rights to bring their claims to court; force victims to face long delays in compensation, many of whom do not have long to live; and leave countless victims, including 9/11 and Katrina victims, out in the cold.

Group leaders say in the letter that:

This legislation is not primarily intended, nor is it good, for victims. In fact, in its current form, the legislation would make recovery of compensation dramatically worse for victims. It would deny whole classes of cancer-ridden victims, who, today, are able to recover compensation for their injuries, any ability to be compensated.

Victims' groups have sent many letters to Sen. Specter, and other members of the U.S. Senate, in the past voicing concerns that the bill is grossly under funded, falls far short of the criteria that are needed to address victims' needs and fails to provide enough funding for asbestos research, education, and prevention.

To see a copy of the letter visit:

www.asbestostruth.org/news/2006-02-01_united_letter.pdf

For more information on problems with the trust fund proposal visit: http://www.asbestostruth.org/.

Committee to Protect Mesothelioma Victims

The Committee to Protect Mesothelioma Victims (CPMV) is an organization founded by asbestos victims and their families and friends. CPMV works to raise awareness on national asbestos issues and ensure that victims' rights are properly represented and protected on both a local and national level. For more information visit http://www.asbestostruth.org/.

Asbestos Disease Awareness Organization

Asbestos Disease Awareness Organization (ADAO) was founded by asbestos victims and their families. ADAO seeks to give asbestos victims and concerned citizens a united voice to help ensure that their rights are fairly represented and protected, while raising public awareness about the dangers of asbestos exposure and often deadly asbestos related diseases. ADAO is an independent organization funded through voluntary contributions and staffed by volunteers. For more information visit http://www.asbestosdiseaseawareness.org

Asbestos Victims Organization

AVO is a nonprofit, 501 (c) (3) organization dedicated to providing assistance to asbestos victims and their families. AVO also provides educational materials on asbestos.

White Lung Association

The White Lung Association (WLA) is an organization made up of people with asbestos-related diseases, where they can find out information about these diseases and political developments."

Alfacell Corporation Has 300 Participants In An International Trail for Their New Mesothelioma Drug Onconase®

Alfacell Corporation currently has Onconase® (Onconase is the brand name for ranpirnase) in an international, confirmatory Phase IIIb trial. Onconase is being developed as a treatment for unresectable malignant mesothelioma (UMM). More details can be found below in the snippet from today's press release:

"Alfacell Corporation (Nasdaq: ACEL) today announced that over 300 patients are now enrolled in the Company's international, confirmatory Phase IIIb trial evaluating ONCONASE® (ranpirnase), the Company's lead investigational drug candidate, as a treatment for unresectable malignant mesothelioma (UMM). The required number of patients for full enrollment is 316. The Company will continue to provide updates as key developments occur.

'We have been unwavering in our commitment to complete the ONCONASE UMM clinical program," stated Kuslima Shogen, Chief Executive Officer of Alfacell. 'In enrolling more than 300 patients, Alfacell is conducting one of the largest global UMM studies ever undertaken. We now look forward to achieving more milestones on our regulatory path towards bringing ONCONASE to market.'

About Alfacell Corporation
Alfacell Corporation is a biopharmaceutical company focused on the discovery, development and commercialization of novel therapeutics for cancer, using its proprietary RNase technology platform. ONCONASE® (ranpirnase), Alfacell's lead investigational drug candidate, is currently being evaluated in several studies, including a Phase IIIb registration study for malignant mesothelioma (MM) and a Phase I / II trial in Non-Small Cell Lung Cancer (NSCLC). For more information, please visit http://www.alfacell.com."