New York
City Awarded $40 million in Asbestos lawsuit
New York Jury Awards $16 million to three railroad workers in mesothelioma lawsuit
Lawyers File Mesothelioma Lawsuit for Third Family Member
These are just a sampling of recent headlines about asbestos and mesothelioma lawsuits in the state of New York. The numbers may sound outrageous to those who have never dealt with the realities of watching a loved one die of mesothelioma, or seen the toll that it takes on a family’s finances and future. The reality is that the treatments for the deadly disease can easily cost a family hundreds of thousands of dollars a year.
The reality is that hundreds of people are diagnosed with mesothelioma annually. The reality is that the enormous industries that used asbestos knowingly exposed workers to a toxic substance - and hid the dangers from them and from the general public for decades. The very sad reality is that if those companies had made public the things that they knew and provided even the simplest of protections for their workers, thousands of husbands, fathers, brothers, wives and sisters would not have died a painful, ugly death from one of the most virulent forms of cancer known.
What is Mesothelioma?
Mesothelioma is a form of cancer that is caused by exposure to asbestos fibers. It is, overall, a very rare form of cancer, but its incidence rises dramatically among those who work or have worked around asbestos. There have also been cases of mesothelioma among family members of those who worked with asbestos, and among residents of areas where factories and processing plants processed and mined asbestos and turned it into products that were sold nationally and internationally.
What is the basis of mesothelioma lawsuits?
Industry leaders have known since the early 1900s that exposure to asbestos dust often resulted in serious lung diseases. These companies chose to hide the dangers rather than protect their workers and the community from those dangers. Some of the larger companies went so far as to have their employees examined by company doctors and instructed the doctors to withhold diagnoses of lung disease from those who were ill.
Another company rejected a researcher’s suggestion that all workers who handled asbestos wear inexpensive paper filter masks because it would be bad for the company image and worry the workers. The history of deliberate neglect to preserve profits is documented in reports, memos, letters and files exchanged among the top executives and decision makers in those companies.
It is this history that is the basis of most mesothelioma lawsuits - that the industry knowingly and willfully ignored the knowledge of danger and put all of their workers at risk so that they could continue to profit from the sale of the dangerous substance. The fact that they knew of the danger and deliberately hid it from the public, their workers and the government makes them liable not only for compensation of medical expenses to those that were harmed, but for punitive damages as well.
Who is affected by mesothelioma?
Mesothelioma has been definitely linked to exposure to asbestos. There is no other known cause, though there are certain factors that can increase the risk of developing mesothelioma. Workers on job sites that handled asbestos in high quantities are most at risk, but there have been cases of mesothelioma traced back to a limited, even single, exposure to asbestos dust. New York has a high concentration of those industries, and many of the companies that manufactured products made with asbestos are located in New York, and for that reason, there is a high concentration of mesothelioma cases in the state.
If you worked at a New York shipyard, power plant or construction site at any time through the 1970s and early 1980s, it’s very likely that you were exposed to asbestos dust. If your job involved working with cement pipes, wallboard, insulation, brake shoes, elevator brake shoes, fireproofing materials, fire curtains, adhesive compounds and many other products used in the construction industry, you may have been exposed to asbestos. If a family member worked in any of those industries or with those products, you may have been exposed to asbestos.
What are your rights in a mesothelioma lawsuit?
If you have been diagnosed with mesothelioma or another asbestos-related disease, you can bring a legal claim against those who were responsible for your exposure. Contact a top mesothelioma lawyer in New York today to discuss your case and the options available to you.
Sunday, October 19, 2008
Biogen Rejects Legal Immunity, Clinton Plea to Treat Dying Man
By Laurence Viele Davidson and Bob Van Voris
Oct. 16 (Bloomberg) -- Biogen Idec Inc. rejected an offer of legal immunity, a plea from former President Bill Clinton and U.S. regulators' approval to give a last-chance cancer drug to lawyer Fred Baron, the former finance chairman of John Edwards's presidential campaign.
Mark Lanier, who negotiated a $4.85 billion settlement with Merck & Co. over its painkiller Vioxx, is advising Baron's family and pledged not to sue Biogen. Baron, 61, is dying from a blood cancer and has days to live, his son Andrew said in a letter sent to Biogen this week. Lanier said the family will sign waivers if something goes wrong with the drug, Tysabri.
``I have promised to conflict myself out of any future lawsuits,'' Lanier said in an interview today. After his Vioxx victories, including a $253 million award against Merck in 2005, ``I have a lot of currency in the pharmaceutical industry.''
Litigation isn't a concern, Biogen spokeswoman Naomi Aoki said today. Tysabri is in the early stage of a clinical trial to treat multiple myeloma, the cancer Baron has, and there is no evidence yet it will save his life, she said. Biogen doesn't want to compromise the trial results and hinder its ability to win regulatory approval to market the drug, Aoki said.
``We have a scientific rationale for why we think it might be effective,'' she said.
The U.S. Food and Drug Administration authorized Biogen to give Tysabri to Baron under a rule for compassionate use. The FDA is in contact with both Cambridge, Massachusetts-based Biogen and the Mayo Clinic, in Rochester, Minnesota, where Baron is being treated and which is helping to conduct the trial, Aoki and FDA spokeswoman Karen Riley said.
Clinton, Armstrong Pleas
Clinton, seven-time Tour de France winner Lance Armstrong, himself a cancer survivor, and U.S. Senators Ted Kennedy and John Kerry or their staff members have called Biogen or Chief Executive Officer James Mullen to plead Baron's case. His doctor, who already is treating one patient with Tysabri, also asked for permission to give the drug to Baron, his son said in the letter sent to trial lawyers, the media and Mullen.
Upon receiving an emergency use request from a treating doctor, the FDA works directly with the health professionals involved and the company that owns the drug, Riley said.
Biogen decided not to let Baron use the drug because he doesn't fit all the criteria for the clinical trial, Aoki said. He does qualify for at least one, in that his disease is in its end stage, she said. Tysabri is approved to treat multiple sclerosis and Crohn's disease.
Biogen fell 22 cents to $42.24 at 1:36 p.m. New York time in Nasdaq Stock Market composite trading.
Baron, of Dallas, is a founder of Baron & Budd, a law firm that recovered billions of dollars by suing manufacturers and industrial users of asbestos, which is linked to lung diseases and mesothelioma, a fatal cancer. Baron & Budd also represented clients who claimed injuries from drugs and toxic chemicals.
Baron lobbied against tort reform in Congress and donates campaign funds to the Democratic Party.
In August, the Dallas Morning News and New York Times reported on Baron's role in helping to conceal Edwards's affair with Rielle Hunter, who produced videos for Edwards's presidential campaign. Baron told the Morning News that he paid to help Hunter move away from North Carolina at a time when reporters were pursuing rumors of the affair.
Oct. 16 (Bloomberg) -- Biogen Idec Inc. rejected an offer of legal immunity, a plea from former President Bill Clinton and U.S. regulators' approval to give a last-chance cancer drug to lawyer Fred Baron, the former finance chairman of John Edwards's presidential campaign.
Mark Lanier, who negotiated a $4.85 billion settlement with Merck & Co. over its painkiller Vioxx, is advising Baron's family and pledged not to sue Biogen. Baron, 61, is dying from a blood cancer and has days to live, his son Andrew said in a letter sent to Biogen this week. Lanier said the family will sign waivers if something goes wrong with the drug, Tysabri.
``I have promised to conflict myself out of any future lawsuits,'' Lanier said in an interview today. After his Vioxx victories, including a $253 million award against Merck in 2005, ``I have a lot of currency in the pharmaceutical industry.''
Litigation isn't a concern, Biogen spokeswoman Naomi Aoki said today. Tysabri is in the early stage of a clinical trial to treat multiple myeloma, the cancer Baron has, and there is no evidence yet it will save his life, she said. Biogen doesn't want to compromise the trial results and hinder its ability to win regulatory approval to market the drug, Aoki said.
``We have a scientific rationale for why we think it might be effective,'' she said.
The U.S. Food and Drug Administration authorized Biogen to give Tysabri to Baron under a rule for compassionate use. The FDA is in contact with both Cambridge, Massachusetts-based Biogen and the Mayo Clinic, in Rochester, Minnesota, where Baron is being treated and which is helping to conduct the trial, Aoki and FDA spokeswoman Karen Riley said.
Clinton, Armstrong Pleas
Clinton, seven-time Tour de France winner Lance Armstrong, himself a cancer survivor, and U.S. Senators Ted Kennedy and John Kerry or their staff members have called Biogen or Chief Executive Officer James Mullen to plead Baron's case. His doctor, who already is treating one patient with Tysabri, also asked for permission to give the drug to Baron, his son said in the letter sent to trial lawyers, the media and Mullen.
Upon receiving an emergency use request from a treating doctor, the FDA works directly with the health professionals involved and the company that owns the drug, Riley said.
Biogen decided not to let Baron use the drug because he doesn't fit all the criteria for the clinical trial, Aoki said. He does qualify for at least one, in that his disease is in its end stage, she said. Tysabri is approved to treat multiple sclerosis and Crohn's disease.
Biogen fell 22 cents to $42.24 at 1:36 p.m. New York time in Nasdaq Stock Market composite trading.
Baron, of Dallas, is a founder of Baron & Budd, a law firm that recovered billions of dollars by suing manufacturers and industrial users of asbestos, which is linked to lung diseases and mesothelioma, a fatal cancer. Baron & Budd also represented clients who claimed injuries from drugs and toxic chemicals.
Baron lobbied against tort reform in Congress and donates campaign funds to the Democratic Party.
In August, the Dallas Morning News and New York Times reported on Baron's role in helping to conceal Edwards's affair with Rielle Hunter, who produced videos for Edwards's presidential campaign. Baron told the Morning News that he paid to help Hunter move away from North Carolina at a time when reporters were pursuing rumors of the affair.
Asuragen Quiet on Newly Launched miRNA Dx, Plans Formal Marketing Push for Next Month
Asuragen may have launched its first microRNA-based diagnostic earlier this year, but the company has decided to wait until November to kick off a formal marketing campaign as it conducts additional validation work, a company official told RNAi News this week.
Asuragen announced in late April that the test, which is designed to differentiate pancreatitis from pancreatic ductal adenocarcinoma in either frozen or formalin-fixed, paraffin-embedded tissue samples, would become available in May (see RNAi News, 4/24/2008).
And while the test is available to clinicians who contact the company, Asuragen has been quiet about it, not even publicizing it on its website. But according to Carol Berry, vice president and general manager of Asuragen Pharmacogenomic Services, this is set to change next month when the company expects to wrap up work validating the test in tissue obtained through fine-needle aspiration.
Berry said that Asuragen decided to introduce the test in its current form earlier this year because of “tremendous interest” from clinicians, as well as strong data from a validation study of 60 frozen clinical samples in which it showed a sensitivity of 95.2 percent and a specificity of 94.9 percent
At the same, she said, “we wanted to … translate [the product] into a fine-needle aspirate-type test. We’re in the midst of validating that [work] with a clinical partner.” She declined to name the partner.
Once that work is complete, the company expects to begin a significant marketing push, which will include promoting it at the Association of Molecular Pathology annual meeting, which begins in late October, Berry said.
Berry confirmed that Asuragen intends to continue offering the diagnostic through its own CLIA-certified laboratory.
Fine-Needle Aspirant
Asuragen’s efforts to prepare the pancreatic cancer diagnostic for use with fine-needle aspiration specimens will contribute to a significant body of data in this area that the firm has already accumulated.
In June, researchers from Asuragen presented data at the Joint Meeting of the European Pancreatic Club and the International Association of Pancreatology showing that differentially expressed miRNAs in both FFPE and fine-needle aspiration biopsies of pancreatic ductal adenocarcinoma could be used to distinguish between malignant and benign disease.
“We wanted to … translate [the product] into a fine needle aspirate-type test. We’re in the midst of validating that [work] with [an undisclosed] clinical partner.”
According to the abstract from the presentation, “expression analysis of a few specific miRNAs enabled segregation of PDAC specimens from chronic pancreatitis and normal pancreas tissue specimens … [indicating] that miRNAs in combination with [a fine-needle aspiration] biopsy procedure could aid pathological evaluation of suspicious cases and become a valuable asset in definitive diagnosis of pancreatic ductal adenocarcinoma.”
Earlier this year at the University of Miami’s Winter Symposium, which focused on regulatory RNA in biology and human health, Asuragen researchers and collaborators presented data showing that altered expression of miR-217 and miR-196a could be used to distinguish benign pancreatic tissue samples from malignant ones obtained through fine needle aspiration.
According to that data, 13 patients with suspected pancreatic masses underwent endoscopic fine-needle aspiration biopsies, while normal pancreatic tissue specimens were collected ex vivo from resected pancreases.
“We observed that the quantitative expression analysis of selected miRNAs and mRNAs in PDAC and normal pancreas [fine needle aspiration] samples correlated well with the changes observed in respective frozen tissue samples,” the investigators wrote in a poster presented at the symposium. “In addition, we verified that altered expression of miR-196a and miR-217 enabled clear segregation of PDAC [fine needle aspiration] specimens from non-malignant … samples.”
miRNA Dx Space Heats Up
Although Asuragen hit a major milestone by being the first to get its miRNA diagnostic to the market, the company won’t be alone for long as peers Rosetta Genomics and Exiqon prepare to launch their own diagnostics this year through their own recently acquired CLIA labs.
Rosetta has perhaps the broadest miRNA diagnostic pipeline of all the major players in the space, with at least nine products under development.
The company’s most advanced test, miRview Squamous, is designed to differentiate squamous from non-squamous non-small cell lung cancer, and was cleared for sale by the New York State Department of Health Clinical Laboratory Evaluation Program in July (see RNAi News, 7/24/2008). It is slated for commercialization this year.
Two other tests, one for determining the source of cancers of unknown primary origin, called miRview Mets, and one for differentiating lung cancer from mesothelioma, called miRview Meso, are set for introduction next year.
Diagnostics for predicting response to ovarian cancer treatment, for gauging the risk of gastric cancer recurrence, and for differentiating small from non-small cell lung cancer are expected to reach the market in 2009 and 2010.
The newest additions to Rosetta’s development-stage diagnostic lineup are tests designed to detect colon cancer by using an miRNA signature that can be identified in blood serum; a test designed to determine the risk of bladder cancer becoming invasive; and one created to predict the risk of colon cancer recurrence. The company has not said when it plans to debut these products.
Exiqon, meanwhile, is developing miRNA-based diagnostics that will replace a line of cellular-based extreme drug resistance tests for a variety of cancers, including colon, breast, ovarian, and lung, that were developed by oncology-testing services provider Oncotech, which Exiqon acquired early this year (see RNAi News, 4/10/2008). The company is also developing a test for determining the source of cancers of unknown primary origin.
Exiqon aims to have its first diagnostic on the US market this year, but has yet to disclose its indication.
Asuragen announced in late April that the test, which is designed to differentiate pancreatitis from pancreatic ductal adenocarcinoma in either frozen or formalin-fixed, paraffin-embedded tissue samples, would become available in May (see RNAi News, 4/24/2008).
And while the test is available to clinicians who contact the company, Asuragen has been quiet about it, not even publicizing it on its website. But according to Carol Berry, vice president and general manager of Asuragen Pharmacogenomic Services, this is set to change next month when the company expects to wrap up work validating the test in tissue obtained through fine-needle aspiration.
Berry said that Asuragen decided to introduce the test in its current form earlier this year because of “tremendous interest” from clinicians, as well as strong data from a validation study of 60 frozen clinical samples in which it showed a sensitivity of 95.2 percent and a specificity of 94.9 percent
At the same, she said, “we wanted to … translate [the product] into a fine-needle aspirate-type test. We’re in the midst of validating that [work] with a clinical partner.” She declined to name the partner.
Once that work is complete, the company expects to begin a significant marketing push, which will include promoting it at the Association of Molecular Pathology annual meeting, which begins in late October, Berry said.
Berry confirmed that Asuragen intends to continue offering the diagnostic through its own CLIA-certified laboratory.
Fine-Needle Aspirant
Asuragen’s efforts to prepare the pancreatic cancer diagnostic for use with fine-needle aspiration specimens will contribute to a significant body of data in this area that the firm has already accumulated.
In June, researchers from Asuragen presented data at the Joint Meeting of the European Pancreatic Club and the International Association of Pancreatology showing that differentially expressed miRNAs in both FFPE and fine-needle aspiration biopsies of pancreatic ductal adenocarcinoma could be used to distinguish between malignant and benign disease.
“We wanted to … translate [the product] into a fine needle aspirate-type test. We’re in the midst of validating that [work] with [an undisclosed] clinical partner.”
According to the abstract from the presentation, “expression analysis of a few specific miRNAs enabled segregation of PDAC specimens from chronic pancreatitis and normal pancreas tissue specimens … [indicating] that miRNAs in combination with [a fine-needle aspiration] biopsy procedure could aid pathological evaluation of suspicious cases and become a valuable asset in definitive diagnosis of pancreatic ductal adenocarcinoma.”
Earlier this year at the University of Miami’s Winter Symposium, which focused on regulatory RNA in biology and human health, Asuragen researchers and collaborators presented data showing that altered expression of miR-217 and miR-196a could be used to distinguish benign pancreatic tissue samples from malignant ones obtained through fine needle aspiration.
According to that data, 13 patients with suspected pancreatic masses underwent endoscopic fine-needle aspiration biopsies, while normal pancreatic tissue specimens were collected ex vivo from resected pancreases.
“We observed that the quantitative expression analysis of selected miRNAs and mRNAs in PDAC and normal pancreas [fine needle aspiration] samples correlated well with the changes observed in respective frozen tissue samples,” the investigators wrote in a poster presented at the symposium. “In addition, we verified that altered expression of miR-196a and miR-217 enabled clear segregation of PDAC [fine needle aspiration] specimens from non-malignant … samples.”
miRNA Dx Space Heats Up
Although Asuragen hit a major milestone by being the first to get its miRNA diagnostic to the market, the company won’t be alone for long as peers Rosetta Genomics and Exiqon prepare to launch their own diagnostics this year through their own recently acquired CLIA labs.
Rosetta has perhaps the broadest miRNA diagnostic pipeline of all the major players in the space, with at least nine products under development.
The company’s most advanced test, miRview Squamous, is designed to differentiate squamous from non-squamous non-small cell lung cancer, and was cleared for sale by the New York State Department of Health Clinical Laboratory Evaluation Program in July (see RNAi News, 7/24/2008). It is slated for commercialization this year.
Two other tests, one for determining the source of cancers of unknown primary origin, called miRview Mets, and one for differentiating lung cancer from mesothelioma, called miRview Meso, are set for introduction next year.
Diagnostics for predicting response to ovarian cancer treatment, for gauging the risk of gastric cancer recurrence, and for differentiating small from non-small cell lung cancer are expected to reach the market in 2009 and 2010.
The newest additions to Rosetta’s development-stage diagnostic lineup are tests designed to detect colon cancer by using an miRNA signature that can be identified in blood serum; a test designed to determine the risk of bladder cancer becoming invasive; and one created to predict the risk of colon cancer recurrence. The company has not said when it plans to debut these products.
Exiqon, meanwhile, is developing miRNA-based diagnostics that will replace a line of cellular-based extreme drug resistance tests for a variety of cancers, including colon, breast, ovarian, and lung, that were developed by oncology-testing services provider Oncotech, which Exiqon acquired early this year (see RNAi News, 4/10/2008). The company is also developing a test for determining the source of cancers of unknown primary origin.
Exiqon aims to have its first diagnostic on the US market this year, but has yet to disclose its indication.
'Fibro' families latest asbestos victims
FIONA Watterson remembers playing with bits of fibro brought home by her carpenter father when she was a young child growing up in Southport.
Ms Watterson, 44, now realises that it was most likely this contact with asbestos-laden fibro in the 1960s that caused her to contract mesothelioma.
She is one of a younger generation of victims of asbestos – the children of those who worked with fibro and brought home asbestos fibres on clothing or who renovated fibro homes.
Lawyer Thady Blundell of Turner Freeman, who is representing Ms Watterson in a compensation claim, said more people in their 30s, 40s and 50s were now being diagnosed with mesothelioma.
"It does seem to be on the increase," Mr Blundell said.
"This is just the start of another wave of victims. The first wave was the miners, people working with these products in the building industry was the second wave, and the third wave are the wives and children inadvertently exposed in the domestic setting."
Ms Watterson, who has two sons aged 13 and 16, has had two doses of chemotherapy since being diagnosed with the cancer, caused by asbestos, in August.
She had been healthy before she began struggling to breathe in June.
"I was really stunned when they told me – I didn't know what to think," Ms Watterson, of Arundel, said.
She remembers her father storing sheets of fibro under their home, and she and her brother and sister playing hide-and-seek under there.
"We played with everything. We used to roll marbles down the fibro."
Lawyer Carl Hughes, of Slater and Gordon, said about 10 per cent of asbestos cases he dealt with involved women who contracted asbestosis or mesothelioma after handling their husbands' work clothes.
Brisbane mother-of-two Rita Charlton, 63, is paying the price for being a good wife back in the 1960s and '70s.
When her husband, Michael, would come home from work covered in dust, Mrs Charlton would sweep up whatever he trailed into the house and pop his clothes in the wash.
Today Mrs Charlton has asbestosis, cancer of the right lung and suspected mesothelioma – believed to be from asbestos fibres carried on her husband's work clothes.
"I always shook things out and I guess I breathed it in," she said.
Slater and Gordon is seeking compensation for Mrs Charlton from companies that employed Mr Hughes.
Ms Watterson, 44, now realises that it was most likely this contact with asbestos-laden fibro in the 1960s that caused her to contract mesothelioma.
She is one of a younger generation of victims of asbestos – the children of those who worked with fibro and brought home asbestos fibres on clothing or who renovated fibro homes.
Lawyer Thady Blundell of Turner Freeman, who is representing Ms Watterson in a compensation claim, said more people in their 30s, 40s and 50s were now being diagnosed with mesothelioma.
"It does seem to be on the increase," Mr Blundell said.
"This is just the start of another wave of victims. The first wave was the miners, people working with these products in the building industry was the second wave, and the third wave are the wives and children inadvertently exposed in the domestic setting."
Ms Watterson, who has two sons aged 13 and 16, has had two doses of chemotherapy since being diagnosed with the cancer, caused by asbestos, in August.
She had been healthy before she began struggling to breathe in June.
"I was really stunned when they told me – I didn't know what to think," Ms Watterson, of Arundel, said.
She remembers her father storing sheets of fibro under their home, and she and her brother and sister playing hide-and-seek under there.
"We played with everything. We used to roll marbles down the fibro."
Lawyer Carl Hughes, of Slater and Gordon, said about 10 per cent of asbestos cases he dealt with involved women who contracted asbestosis or mesothelioma after handling their husbands' work clothes.
Brisbane mother-of-two Rita Charlton, 63, is paying the price for being a good wife back in the 1960s and '70s.
When her husband, Michael, would come home from work covered in dust, Mrs Charlton would sweep up whatever he trailed into the house and pop his clothes in the wash.
Today Mrs Charlton has asbestosis, cancer of the right lung and suspected mesothelioma – believed to be from asbestos fibres carried on her husband's work clothes.
"I always shook things out and I guess I breathed it in," she said.
Slater and Gordon is seeking compensation for Mrs Charlton from companies that employed Mr Hughes.
Utica businessman Mancuso indicted
SYRACUSE —
A 45-year-old Utica businessman previously convicted of illegal asbestos removal faces up to 55 years in federal prison after being indicted Thursday for a second time on charges he violated the federal Clean Air law.
Paul Mancuso also was charged with conspiracy to defraud the United States, violate the federal Superfund Act and commit mail fraud, said U.S. Attorney Andrew Baxter.
Indicted on the same charges were Mancuso's 70-year-old father Lester and his brother Steven, 37, also both from Utica.
The charges involve illegal asbestos removal at numerous locations throughout Upstate New York, Baxter said.
Another brother, Ronald, pleaded guilty earlier this month in federal court to conspiracy to violate the Superfund Act. Among other things, Ronald Mancuso admitted illegally dumping asbestos on the sides of roads.
Paul Mancuso was convicted in 2003 of illegal asbestos removal and disposal. In 2004, he was convicted of insurance fraud related to his prior asbestos business.
As a result of Paul Mancuso's earlier convictions, he was prohibited from engaging, directly or indirectly, in any asbestos abatement work and associating with anyone who was engaged in any violations of law, Baxter said.
The indictment charged that Paul Mancuso set up companies in the names of relatives and associates to hide his continued involvement. He and his father then engaged in numerous asbestos projects that contaminated various businesses and homes, and, on multiple occasions, dumped asbestos from removal jobs by the sides of roads.
Steven Mancuso, a lawyer, was charged with helping his family engage in illegal activity by preparing false and fraudulent documents to make it appear that their work was legal and they were entitled to payment, Baxter said.
If convicted, Paul Mancuso faces a maximum penalty of 55 years and a fine up to $2.75 million. Lester Mancuso could be sentenced to 23 years in jail and fined as much as $1.25 million.
Steven Mancuso faces up to five years in prison and a fine up to $250,000. Ronald Mancuso faces up to three years in jail and a fine up to $250,000.
The names of the defendants' attorneys were not immediately available.
Asbestos causes lung cancer, asbestosis and mesothelioma. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.
A 45-year-old Utica businessman previously convicted of illegal asbestos removal faces up to 55 years in federal prison after being indicted Thursday for a second time on charges he violated the federal Clean Air law.
Paul Mancuso also was charged with conspiracy to defraud the United States, violate the federal Superfund Act and commit mail fraud, said U.S. Attorney Andrew Baxter.
Indicted on the same charges were Mancuso's 70-year-old father Lester and his brother Steven, 37, also both from Utica.
The charges involve illegal asbestos removal at numerous locations throughout Upstate New York, Baxter said.
Another brother, Ronald, pleaded guilty earlier this month in federal court to conspiracy to violate the Superfund Act. Among other things, Ronald Mancuso admitted illegally dumping asbestos on the sides of roads.
Paul Mancuso was convicted in 2003 of illegal asbestos removal and disposal. In 2004, he was convicted of insurance fraud related to his prior asbestos business.
As a result of Paul Mancuso's earlier convictions, he was prohibited from engaging, directly or indirectly, in any asbestos abatement work and associating with anyone who was engaged in any violations of law, Baxter said.
The indictment charged that Paul Mancuso set up companies in the names of relatives and associates to hide his continued involvement. He and his father then engaged in numerous asbestos projects that contaminated various businesses and homes, and, on multiple occasions, dumped asbestos from removal jobs by the sides of roads.
Steven Mancuso, a lawyer, was charged with helping his family engage in illegal activity by preparing false and fraudulent documents to make it appear that their work was legal and they were entitled to payment, Baxter said.
If convicted, Paul Mancuso faces a maximum penalty of 55 years and a fine up to $2.75 million. Lester Mancuso could be sentenced to 23 years in jail and fined as much as $1.25 million.
Steven Mancuso faces up to five years in prison and a fine up to $250,000. Ronald Mancuso faces up to three years in jail and a fine up to $250,000.
The names of the defendants' attorneys were not immediately available.
Asbestos causes lung cancer, asbestosis and mesothelioma. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.
Ohio Supreme Court asbestos ruling affects old cases
The Ohio Supreme Court ruled Wednesday that a 2004 law making it more difficult to seek damages for asbestos-related deaths and illnesses can constitutionally be applied to cases that were in the pipeline before the law went into effect.
The 6-1 ruling means that many of the 40,000 Ohio cases that were in the works when the law was enacted are likely to be swiftly dismissed. It also has potential legal ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance.
Ohio at one time had the largest backlog of asbestos-related cases in the nation. The 2004 law requires a plaintiff to show that a medical expert who personally treated the plaintiff has found that the patient's health has been substantially impaired by exposure to asbestos.
Writing for the majority, Justice Robert Cupp said Ohio's law can be applied retroactively because the changes were "remedial and procedural," simply putting holds on the claims of thousands of Ohioans who were not yet showing symptoms of asbestos-related cancers. The Ohio Constitution bars retroactive laws that change the nature, or substance, of a law, justices said.
In the case heard by the high court, Ironton widow Linda Ackison filed a wrongful death suit in May 2004 against her late husband's former employer, Dayton Malleable, and multiple other defendants. Ackison alleged in the suit that long-term exposure to asbestos in the workplace contributed to the illness and death of her husband Danny.
The strong, fibrous asbestos is heat resistant, and it has been use by many industrial companies. The U.S. Department of Health and Human Services says the fibers can remain in lung tissue for long periods and that significant exposure to the material increases the risk of lung cancer, mesothelioma and other lung disorders.
Only Justice Paul Pfeifer sided with Ackison in Wednesday's lengthy ruling, saying the 2004 law couldn't be considered merely procedural when state lawmakers effectively "legislated away" her claim to her husband's damages.
"Claimants like Danny Ackison will not get a chance to avail themselves of (the law)'s 'come back when you're sicker' provision," Pfeifer wrote. "Danny Ackison will not be getting sicker. And he will never have the opportunity to vindicate his rights that existed on the day he learned that his workplace exposure to asbestos had made him sick."
Richard Schuster, an attorney for several Fortune 500 firms and other businesses sued by Ackison, called the ruling significant to the companies and to Ohio's ailing economy.
"For the businesses located here in Ohio, it will allow the cases to come off their books and allow them to focus on doing business and, hopefully, hiring people here in Ohio," he said. "It really focuses the attention on those people who are ill, who have a real disease, and allows those cases to move through the courts, which have been clogged up by people who weren't sick."
He said the asbestos lawsuits appeared in such volume after workers at potentially hazardous work sites around the country were offered mass screenings in search of related health conditions.
Vin Green, an attorney for Ackison, said it is "completely and totally inaccurate" to say that those who filed asbestos-related lawsuits aren't sick.
"That's a fiction that's propagated by the defendants and by the insurance industry," he said. "If you have damage to the lining of your lungs, you are sick. The extent to which you're symptomatic is going to vary from case to case."
Green condemned the high court for what he said was a ruling on the side of big business.
"It's a result-oriented decision in favor of corporations against injured Ohio citizens," he said.
After the Georgia Supreme Court struck down the retroactivity of that state's asbestos litigation law, state lawmakers passed another law that has not been challenged in court, Schuster said. A challenge to a similar law in Florida is before the courts and expected to be decided next year. A Kansas law has not been legally challenged.
The 6-1 ruling means that many of the 40,000 Ohio cases that were in the works when the law was enacted are likely to be swiftly dismissed. It also has potential legal ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance.
Ohio at one time had the largest backlog of asbestos-related cases in the nation. The 2004 law requires a plaintiff to show that a medical expert who personally treated the plaintiff has found that the patient's health has been substantially impaired by exposure to asbestos.
Writing for the majority, Justice Robert Cupp said Ohio's law can be applied retroactively because the changes were "remedial and procedural," simply putting holds on the claims of thousands of Ohioans who were not yet showing symptoms of asbestos-related cancers. The Ohio Constitution bars retroactive laws that change the nature, or substance, of a law, justices said.
In the case heard by the high court, Ironton widow Linda Ackison filed a wrongful death suit in May 2004 against her late husband's former employer, Dayton Malleable, and multiple other defendants. Ackison alleged in the suit that long-term exposure to asbestos in the workplace contributed to the illness and death of her husband Danny.
The strong, fibrous asbestos is heat resistant, and it has been use by many industrial companies. The U.S. Department of Health and Human Services says the fibers can remain in lung tissue for long periods and that significant exposure to the material increases the risk of lung cancer, mesothelioma and other lung disorders.
Only Justice Paul Pfeifer sided with Ackison in Wednesday's lengthy ruling, saying the 2004 law couldn't be considered merely procedural when state lawmakers effectively "legislated away" her claim to her husband's damages.
"Claimants like Danny Ackison will not get a chance to avail themselves of (the law)'s 'come back when you're sicker' provision," Pfeifer wrote. "Danny Ackison will not be getting sicker. And he will never have the opportunity to vindicate his rights that existed on the day he learned that his workplace exposure to asbestos had made him sick."
Richard Schuster, an attorney for several Fortune 500 firms and other businesses sued by Ackison, called the ruling significant to the companies and to Ohio's ailing economy.
"For the businesses located here in Ohio, it will allow the cases to come off their books and allow them to focus on doing business and, hopefully, hiring people here in Ohio," he said. "It really focuses the attention on those people who are ill, who have a real disease, and allows those cases to move through the courts, which have been clogged up by people who weren't sick."
He said the asbestos lawsuits appeared in such volume after workers at potentially hazardous work sites around the country were offered mass screenings in search of related health conditions.
Vin Green, an attorney for Ackison, said it is "completely and totally inaccurate" to say that those who filed asbestos-related lawsuits aren't sick.
"That's a fiction that's propagated by the defendants and by the insurance industry," he said. "If you have damage to the lining of your lungs, you are sick. The extent to which you're symptomatic is going to vary from case to case."
Green condemned the high court for what he said was a ruling on the side of big business.
"It's a result-oriented decision in favor of corporations against injured Ohio citizens," he said.
After the Georgia Supreme Court struck down the retroactivity of that state's asbestos litigation law, state lawmakers passed another law that has not been challenged in court, Schuster said. A challenge to a similar law in Florida is before the courts and expected to be decided next year. A Kansas law has not been legally challenged.
Wednesday, October 15, 2008
Fred Baron dying of cancer, denied experimental drug, son says
Prominent Dallas lawyer and Democratic Party fundraiser Fred Baron is dying of cancer -- and fighting a drug company for use of an experimental medication, according to his son, Andrew Baron.
The elder Mr. Baron, 61, was a founder in the Baron & Budd law firm, though he and his wife, Lisa Blue, sold their interest in the firm several years ago.
He was most recently in the news because of his financial connection to former senator and Democratic presidential candidate John Edwards.
News of Mr. Baron’s medical condition became public because of an Internet posting by his son, the founder of the Web company Rocketboom.
In a letter on his personal blog, Andrew Baron said his father was diagnosed with “final stage multiple myeloma,” an incurable blood cancer, and was told last week that he had only days to live.
Fred Baron is known in some legal circles as “the King of the Toxic Torts” for his career as a trial attorney suing large companies on behalf of ill clients.
Two years ago, he founded the Texas Democratic Trust, a state political action committee meant to focus on advancing the status of the Democratic Party in Texas.
While the trust has attracted other contributors since its inception, Mr. Baron remains its biggest donor. He's given $621,200 to it in 2008.
Matt Angle, treasurer of the Texas Democratic Trust, confirmed today that Mr. Baron is being treated for cancer.
He said Mr. Baron’s family remains hopeful, and “we remain hopeful as well. We’re praying for Fred’s recovery.”
In 2002, Mr. Baron signed on as the top fundraiser for Mr. Edwards’ presidential campaign. (Like Mr. Baron, Mr. Edwards – a former U.S. senator from North Carolina – made a fortune as a plaintiffs’ attorney.)
Earlier this year, Mr. Baron admitted that he had paid to move a woman Mr. Edwards had an affair with to get her out of the media spotlight.
In his blog post, the younger Mr. Baron says researchers have identified a drug that might help his father – but that the drug company is refusing to allow its use.
The medication, Tysabri, is approved for multiple sclerosis and Crohn’s disease – but not to treat cancer.
Most prescription medications can be used for “off label” treatments without additional approval. But Tysabri was pulled from the market once already because of its connection to a rare brain disease, and any off-label use must be approved by its manufacturer, Biogen.
According to Andrew Baron, the company has refused to approve the drug’s use on Mr. Baron, despite pleas from Dr. Andrew von Eschenbach, head of the U.S. Food and Drug Administration; Lance Armstrong, a cancer survivor; Bill Clinton; Sen. John Kerry, D-Mass; and Sen. Edward Kennedy, D-Mass., who was diagnosed earlier this year with a brain tumor.
Biogen officials confirmed that they have refused to allow the drug to be used on Mr. Baron. A bad outcome in an uncontrolled use of the drug could lead to increased restrictions on it use for patients who get a clear benefit from the drug, company spokesman Naomi Aoki said.
The elder Mr. Baron, 61, was a founder in the Baron & Budd law firm, though he and his wife, Lisa Blue, sold their interest in the firm several years ago.
He was most recently in the news because of his financial connection to former senator and Democratic presidential candidate John Edwards.
News of Mr. Baron’s medical condition became public because of an Internet posting by his son, the founder of the Web company Rocketboom.
In a letter on his personal blog, Andrew Baron said his father was diagnosed with “final stage multiple myeloma,” an incurable blood cancer, and was told last week that he had only days to live.
Fred Baron is known in some legal circles as “the King of the Toxic Torts” for his career as a trial attorney suing large companies on behalf of ill clients.
Two years ago, he founded the Texas Democratic Trust, a state political action committee meant to focus on advancing the status of the Democratic Party in Texas.
While the trust has attracted other contributors since its inception, Mr. Baron remains its biggest donor. He's given $621,200 to it in 2008.
Matt Angle, treasurer of the Texas Democratic Trust, confirmed today that Mr. Baron is being treated for cancer.
He said Mr. Baron’s family remains hopeful, and “we remain hopeful as well. We’re praying for Fred’s recovery.”
In 2002, Mr. Baron signed on as the top fundraiser for Mr. Edwards’ presidential campaign. (Like Mr. Baron, Mr. Edwards – a former U.S. senator from North Carolina – made a fortune as a plaintiffs’ attorney.)
Earlier this year, Mr. Baron admitted that he had paid to move a woman Mr. Edwards had an affair with to get her out of the media spotlight.
In his blog post, the younger Mr. Baron says researchers have identified a drug that might help his father – but that the drug company is refusing to allow its use.
The medication, Tysabri, is approved for multiple sclerosis and Crohn’s disease – but not to treat cancer.
Most prescription medications can be used for “off label” treatments without additional approval. But Tysabri was pulled from the market once already because of its connection to a rare brain disease, and any off-label use must be approved by its manufacturer, Biogen.
According to Andrew Baron, the company has refused to approve the drug’s use on Mr. Baron, despite pleas from Dr. Andrew von Eschenbach, head of the U.S. Food and Drug Administration; Lance Armstrong, a cancer survivor; Bill Clinton; Sen. John Kerry, D-Mass; and Sen. Edward Kennedy, D-Mass., who was diagnosed earlier this year with a brain tumor.
Biogen officials confirmed that they have refused to allow the drug to be used on Mr. Baron. A bad outcome in an uncontrolled use of the drug could lead to increased restrictions on it use for patients who get a clear benefit from the drug, company spokesman Naomi Aoki said.
Birth Size Linked To Women's Breast Cancer Risk
Medical researchers have suspected for decades that some human cancers might be related to things that happen to us before we are born. Specifically, they hypothesized that women exposed to high levels of hormones when their mothers were pregnant might have a higher risk for breast cancer as adults. A number of scientists have attempted to prove this idea, but their results were variable. Some found a link. Others didn't. But a new review of historical medical data suggests that there may, indeed, be a connection.
Epidemiologist Isabel dos Santos Silva says it's a difficult hypothesis to study. "In an ideal world, what we would like is to be able to measure hormonal levels from pregnancy, then measure the baby when the baby is born and have measures of the birth size of the baby and then wait 50 or 60 years until the women reach the ages at which incidence of breast cancer is high," she says.
Since that's impractical, dos Santos Silva says the next best way to test this idea is to get historical data from many, many women. She and colleagues from the London School of Tropical Medicine and Hygiene pooled the data from many studies of older women with breast cancer and looked at the women's birth records. She had information from close to 600,000 women. More than 22,000 of them had developed breast cancer.
"We showed that women who were heavy at birth, or who were long, or who had a large head circumference, had an increased risk of breast cancer," she says. "So, for instance, women who were 51 centimeters long or more had about a 70 percent increased risk compared with women who were less than 49 centimeters when they were born."
Dos Santos Silva says she's not sure why heavier and longer women grew up to have a greater risk of breast cancer. One hypothesis is that size reflects something in the uterine environment, perhaps that larger babies are exposed to more of the female hormone estrogen.
"But we don't know. We need more biological studies to look at underlying mechanisms behind these associations," she says. "Another possible explanation's that somehow the babies who are bigger, who have a larger number of stem cells - you know the stem cells are kind of the mother of all cells - and maybe they have them in a larger number in the breast gland.
"And if there are a larger number of such cells, it makes them more likely to suffer a malignant transformation later in life. It just increases the likelihood of that happening."
Dos Santos Silva says this additional risk is not a reason for women to become frightened if they were big babies. She says the additional risk influences about one case of breast cancer out of every 20. She says she and her colleagues will continue to study this phenomenon to pinpoint the extent of the risk and to understand better what women can do to reduce their risk for breast cancer.
Dos Santos Silva's research was published in the online journal PLoS Medicine.
Epidemiologist Isabel dos Santos Silva says it's a difficult hypothesis to study. "In an ideal world, what we would like is to be able to measure hormonal levels from pregnancy, then measure the baby when the baby is born and have measures of the birth size of the baby and then wait 50 or 60 years until the women reach the ages at which incidence of breast cancer is high," she says.
Since that's impractical, dos Santos Silva says the next best way to test this idea is to get historical data from many, many women. She and colleagues from the London School of Tropical Medicine and Hygiene pooled the data from many studies of older women with breast cancer and looked at the women's birth records. She had information from close to 600,000 women. More than 22,000 of them had developed breast cancer.
"We showed that women who were heavy at birth, or who were long, or who had a large head circumference, had an increased risk of breast cancer," she says. "So, for instance, women who were 51 centimeters long or more had about a 70 percent increased risk compared with women who were less than 49 centimeters when they were born."
Dos Santos Silva says she's not sure why heavier and longer women grew up to have a greater risk of breast cancer. One hypothesis is that size reflects something in the uterine environment, perhaps that larger babies are exposed to more of the female hormone estrogen.
"But we don't know. We need more biological studies to look at underlying mechanisms behind these associations," she says. "Another possible explanation's that somehow the babies who are bigger, who have a larger number of stem cells - you know the stem cells are kind of the mother of all cells - and maybe they have them in a larger number in the breast gland.
"And if there are a larger number of such cells, it makes them more likely to suffer a malignant transformation later in life. It just increases the likelihood of that happening."
Dos Santos Silva says this additional risk is not a reason for women to become frightened if they were big babies. She says the additional risk influences about one case of breast cancer out of every 20. She says she and her colleagues will continue to study this phenomenon to pinpoint the extent of the risk and to understand better what women can do to reduce their risk for breast cancer.
Dos Santos Silva's research was published in the online journal PLoS Medicine.
Gene Signature for Liver Cancer Recurrence Found
Researchers have identified a new genetic signature that may predict whether a liver tumor is likely to recur, according to a new study.
A 186-gene panel, discovered in normal cells surrounding the tumor, may predict cancer survival, new research contends
Unlike other such signatures that have been identified for other cancers, this one has something of a flourish: It is hidden not within the tumor itself, but in the normal cells that surround it -- and which, by inference, remain in the body following surgery.
The findings potentially open the door to new surveillance, treatment, and intervention strategies for liver cancer patients, both after surgery and possibly before the primary cancer ever arises, experts said.
"I think this is the start of a big step forward," said Dr. Morris Sherman of the University of Toronto, who wrote an editorial that accompanied the research, which was released online Wednesday by the New England Journal of Medicine. "It will really make a major difference in the way we monitor patients at risk for liver cancer -- potentially. I mean, there are lots of pitfalls in the way, but that's what it promises."
Dr. Todd Golub, of the Broad Institute of the Massachusetts Institute of Technology, and Dr. Josep Llovet, of Mount Sinai School of Medicine in New York City, led the study, which also involved scientific teams in Japan, Italy, Norway and Spain.
The researchers in this study faced a significant technical hurdle. Most gene-expression profiling studies use tissue samples that have been flash frozen. But tissues taken in biopsies are usually chemically fixed and embedded in wax. That method preserves the tissue, making it easier for pathologists to examine, but it also renders the nucleic acids -- especially RNA -- difficult to extract.
Golub, Llovet, and their team were able to circumvent this problem by implementing techniques for extracting nucleic acids from wax-encased tissues, some dating back 24 years, and then using those materials to probe the expression of 6,000 human genes. They then focused on which genes' expression levels correlated with a recurrence at least two years after surgery, and also with survival. From all that, they came up with a list of 186 genes as the signature for liver cancer recurrence.
Assuming the list is validated, clinicians could conceivably use it to test liver biopsies to determine whether an individual is likely to have a cancer recurrence, and perhaps guide treatment accordingly, experts say. It might even be possible to predict whether a person will develop liver cancer in the first place based on this same signature.
Lead researcher Llovet believes that because wax-encased tissue can now be used in broader analyses, "you have access to millions and millions of samples in order to explore specific molecular alterations. And I think this is one of the breakthroughs of the paper."
According to Dr. Arul Chinnaiyan of the University of Michigan Medical School, an expert on gene expression analysis of cancer tissue, the observation that a gene signature that predicts cancer recurrence occurs outside the tumor tissue itself could be a novel finding.
"Most of the [genetic profiling] studies that have been published have been predicting prognosis using the tumor cells themselves, not the surrounding cells," Chinnaiyan said. "In this particular case, it was sort of reversed: The tumor cell itself didn't predict [outcome], but the surrounding cells did."
According to Sherman, this apparent paradox -- how can normal cells excised from the body know what will happen more than two years later? -- can be explained through what oncologists call the "field effect."
Most liver cancer is caused by hepatic viruses. If one such virus infects the liver, it induces a mutation in a liver cell, giving that cell a growth advantage that enables it to outcompete its neighbors. Though this cell is not yet cancerous, its progeny nevertheless begin to take over the tissue. And, if another mutation arises by chance in one of those progeny cells, that cell gains an additional growth advantage, enabling it to compete even more effectively in the liver.
As much as 50 percent of some infected liver tissue may be built of such noncancerous, "clonal" populations, Sherman said.
Proliferating at an accelerated rate, these cells are essentially primed for cancer. Though a normal cell requires a number of molecular changes to become cancerous, these clonal liver cells are already halfway there; it would not take many more mutations to push them over the edge to cancer. This is the field effect.
"It is certainly intriguing data," Chinnaiyan said. Though he cautioned that much work remains before the findings can be applied in the clinic in the form of diagnostics, he added, "It certainly has potential. Based on the traction that similar sorts of expression signature-based tests have had, I think it certainly has possibilities."
According to statistics from the National Cancer Institute, there will be about 21,000 new cases of liver and bile duct cancer diagnosed in the United States this year, and 18,500 deaths.
More information
For more about liver cancer, visit the National Cancer Institute.
A 186-gene panel, discovered in normal cells surrounding the tumor, may predict cancer survival, new research contends
Unlike other such signatures that have been identified for other cancers, this one has something of a flourish: It is hidden not within the tumor itself, but in the normal cells that surround it -- and which, by inference, remain in the body following surgery.
The findings potentially open the door to new surveillance, treatment, and intervention strategies for liver cancer patients, both after surgery and possibly before the primary cancer ever arises, experts said.
"I think this is the start of a big step forward," said Dr. Morris Sherman of the University of Toronto, who wrote an editorial that accompanied the research, which was released online Wednesday by the New England Journal of Medicine. "It will really make a major difference in the way we monitor patients at risk for liver cancer -- potentially. I mean, there are lots of pitfalls in the way, but that's what it promises."
Dr. Todd Golub, of the Broad Institute of the Massachusetts Institute of Technology, and Dr. Josep Llovet, of Mount Sinai School of Medicine in New York City, led the study, which also involved scientific teams in Japan, Italy, Norway and Spain.
The researchers in this study faced a significant technical hurdle. Most gene-expression profiling studies use tissue samples that have been flash frozen. But tissues taken in biopsies are usually chemically fixed and embedded in wax. That method preserves the tissue, making it easier for pathologists to examine, but it also renders the nucleic acids -- especially RNA -- difficult to extract.
Golub, Llovet, and their team were able to circumvent this problem by implementing techniques for extracting nucleic acids from wax-encased tissues, some dating back 24 years, and then using those materials to probe the expression of 6,000 human genes. They then focused on which genes' expression levels correlated with a recurrence at least two years after surgery, and also with survival. From all that, they came up with a list of 186 genes as the signature for liver cancer recurrence.
Assuming the list is validated, clinicians could conceivably use it to test liver biopsies to determine whether an individual is likely to have a cancer recurrence, and perhaps guide treatment accordingly, experts say. It might even be possible to predict whether a person will develop liver cancer in the first place based on this same signature.
Lead researcher Llovet believes that because wax-encased tissue can now be used in broader analyses, "you have access to millions and millions of samples in order to explore specific molecular alterations. And I think this is one of the breakthroughs of the paper."
According to Dr. Arul Chinnaiyan of the University of Michigan Medical School, an expert on gene expression analysis of cancer tissue, the observation that a gene signature that predicts cancer recurrence occurs outside the tumor tissue itself could be a novel finding.
"Most of the [genetic profiling] studies that have been published have been predicting prognosis using the tumor cells themselves, not the surrounding cells," Chinnaiyan said. "In this particular case, it was sort of reversed: The tumor cell itself didn't predict [outcome], but the surrounding cells did."
According to Sherman, this apparent paradox -- how can normal cells excised from the body know what will happen more than two years later? -- can be explained through what oncologists call the "field effect."
Most liver cancer is caused by hepatic viruses. If one such virus infects the liver, it induces a mutation in a liver cell, giving that cell a growth advantage that enables it to outcompete its neighbors. Though this cell is not yet cancerous, its progeny nevertheless begin to take over the tissue. And, if another mutation arises by chance in one of those progeny cells, that cell gains an additional growth advantage, enabling it to compete even more effectively in the liver.
As much as 50 percent of some infected liver tissue may be built of such noncancerous, "clonal" populations, Sherman said.
Proliferating at an accelerated rate, these cells are essentially primed for cancer. Though a normal cell requires a number of molecular changes to become cancerous, these clonal liver cells are already halfway there; it would not take many more mutations to push them over the edge to cancer. This is the field effect.
"It is certainly intriguing data," Chinnaiyan said. Though he cautioned that much work remains before the findings can be applied in the clinic in the form of diagnostics, he added, "It certainly has potential. Based on the traction that similar sorts of expression signature-based tests have had, I think it certainly has possibilities."
According to statistics from the National Cancer Institute, there will be about 21,000 new cases of liver and bile duct cancer diagnosed in the United States this year, and 18,500 deaths.
More information
For more about liver cancer, visit the National Cancer Institute.
Caffeine breast cancer risk: probably doesn't influence
Heavy caffeine intake and the risk of breast cancer is a complex topic. Previous studies suggest that women who drink a lot of coffee have more symptoms of non-cancerous breast disease, such as lumps or pain associated with fibrocystic breast disease. But the relationship between caffeine and breast cancer has been puzzling.
A new study clears up some, but not all, of this confusion. It found no statistically significant link between consumption of coffee and caffeinated beverages and the overall risk of breast cancer. But the study, published in the Oct. 13 issue of the Archives of Internal Medicine, did uncover an increased risk of cancer for women with benign breast disease who drank four or more cups of coffee a day. Caffeine consumption was also linked to an increased risk of tumors that are hormone-receptor negative or larger than two centimeters.
These cancers have a less favorable prognosis, suggesting that caffeine may affect breast cancer progression. The study was conducted by researchers at Brigham and Women's Hospital and Harvard Medical School in Boston and Tokyo Women's Medical University in Japan. The scientists reviewed the dietary information and incidence of breast disease and breast cancer in more than 38,000 women. But more research is needed to better understand the role of caffeine in breast cancer, the authors of the study said.
A new study clears up some, but not all, of this confusion. It found no statistically significant link between consumption of coffee and caffeinated beverages and the overall risk of breast cancer. But the study, published in the Oct. 13 issue of the Archives of Internal Medicine, did uncover an increased risk of cancer for women with benign breast disease who drank four or more cups of coffee a day. Caffeine consumption was also linked to an increased risk of tumors that are hormone-receptor negative or larger than two centimeters.
These cancers have a less favorable prognosis, suggesting that caffeine may affect breast cancer progression. The study was conducted by researchers at Brigham and Women's Hospital and Harvard Medical School in Boston and Tokyo Women's Medical University in Japan. The scientists reviewed the dietary information and incidence of breast disease and breast cancer in more than 38,000 women. But more research is needed to better understand the role of caffeine in breast cancer, the authors of the study said.
Alfacell Reports Fiscal Fourth Quarter and Full Year 2008 Financial Results
Alfacell Corporation (Nasdaq: ACEL) today reported its financial results for the fourth quarter and fiscal year ended July 31, 2008.
The company recorded a net loss of approximately $2.9 million, or $0.06 per basic and diluted common share, for the fourth fiscal quarter ended July 31, compared to a net loss of approximately $2.4 million, or $0.05 per basic and diluted common share, for the fourth quarter of fiscal 2007. Research and development expenses increased by approximately $0.9 million during the fourth quarter of fiscal 2008 as compared to the same quarter a year ago primarily due to expenses incurred related to the company's preparations for the completion of its ONCONASE® rolling New Drug Application (NDA) submission. Decreased general and administrative expenses of approximately $0.5 million for the fourth quarter of fiscal 2008 were primarily the result of reduced stock based compensation expenses.
Net loss for the fiscal year ended July 31, 2008 of approximately $12.3 million, or $0.26 per basic and diluted common share, represents an increase of approximately $3.5 million, compared to the $8.8 million net loss, or $0.19 per basic and diluted common share, for fiscal 2007.
Cash and Liquidity
As of July 31, 2008, the company had cash and cash equivalents of approximately $4.7 million, a decrease of approximately $3.1 million, compared to cash and cash equivalents of approximately $7.8 million on April 30, 2008. The company has received notification that it continues to qualify for the sale of its state tax loss carryforwards in New Jersey and is awaiting additional information on the proceeds it can expect to receive from this sale in late 2008. Based on the current expected level of receipts and expenditures, the company believes that its cash and cash equivalents are sufficient to support its activities into the fourth quarter of fiscal year 2009. The company will be eligible to receive a minimum milestone payment of $20 million from its U.S. partner, Strativa Pharmaceuticals, in the event that the planned NDA submission results in the company receiving marketing approval for ONCONASE.
Clinical/Regulatory Update
Alfacell has completed patient enrollment in a confirmatory Phase IIIb clinical trial for ONCONASE in patients suffering from unresectable malignant mesothelioma (UMM) and reached the required number of evaluable events to conduct the formal statistical analyses required to complete the final sections of the ONCONASE rolling NDA. As the company has previously reported, the results of the preliminary statistical analysis of the data did not meet statistical significance for the primary endpoint of survival in UMM. However, a statistically significant improvement in survival was seen in the treatment of UMM patients who failed one prior chemotherapy regimen, a pre-defined primary data set for this sub-group of patients in the trial, which represents a currently unmet medical need. Alfacell has requested a pre-NDA meeting with the Food and Drug Administration (FDA) to discuss the details of the planned NDA submission. The company continues to estimate that the final components of the rolling NDA will be submitted by the end of 2008, and the company plans to present the results of the Phase IIIb trial at an upcoming scientific conference in 2009.
The company has completed enrollment in its Phase I clinical trials for patients suffering from non-small cell lung cancer (NSCLC) and other solid tumors and is planning for a follow-on Phase II clinical trial in NSCLC patients that exhibit resistance to platinum based chemotherapy regimens. Initiation of patient enrollment in this trial is currently expected to occur in early 2009.
"Fiscal 2008 was a year of progress at Alfacell," said Lawrence A. Kenyon, Alfacell's president. "We achieved a number of important objectives, including the U.S. license agreement with Strativa and completion of the Phase IIIb clinical trial for ONCONASE in UMM. In fiscal 2009, we plan to complete the NDA submission after receiving input from the FDA and to move forward with an expanded ONCONASE clinical development program."
About ONCONASE®
ONCONASE is a first-in-class therapeutic product candidate based on Alfacell's proprietary ribonuclease (RNase) technology. A natural protein isolated from the leopard frog, ONCONASE has been shown in the laboratory and clinic to target cancer cells while sparing normal cells. ONCONASE triggers apoptosis, the natural death of cells, via multiple molecular mechanisms of action.
Alfacell has licensed the U.S. commercial rights for ONCONASE to Strativa Pharmaceuticals, a division of Par Pharmaceutical, Inc. Strategic marketing and distribution agreements for ONCONASE have been secured with Megapharm Ltd. for Israel, BL and H Co. Ltd. for Korea, Taiwan and Hong Kong, USP Pharma Spolka Z.O.O., an affiliate of US Pharmacia, for Eastern Europe, and GENESIS Pharma, S.A. for Southeastern Europe.
ONCONASE has been granted fast track status and orphan-drug designation for the treatment of malignant mesothelioma by the FDA. Additionally, ONCONASE has been granted orphan-drug designation in the European Union and Australia.
About Alfacell Corporation
Alfacell Corporation is the first company to advance a biopharmaceutical product candidate that works in a manner similar to RNA interference (RNAi) through late-stage clinical trials. The product candidate, ONCONASE, is an RNase that overcomes the challenges of targeting RNA for therapeutic purposes while enabling the development of a new class of targeted therapies for cancer and other life-threatening diseases. In addition to a recently completed Phase IIIb study in malignant mesothelioma, Alfacell is currently planning for Phase II clinical trials in other oncology indications. For more information, visit www.alfacell.com.
Safe Harbor
This press release includes statements that may constitute "forward-looking" statements, usually containing the words "believe," "estimate," "project," "expect" or similar expressions. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from the forward-looking statements. Factors that would cause or contribute to such differences include, but are not limited to, uncertainty whether the clinical trial results will allow the company to complete submission of a New Drug Application and if a New Drug Application submission is completed, uncertainty whether FDA will file or approve such application, uncertainties involved in transitioning from concept to product, uncertainties involving the ability of the company to finance research and development activities, potential challenges to or violations of patents, uncertainties regarding the outcome of clinical trials or differences of opinion in interpreting the results of clinical trials, the company's ability to secure necessary approvals from regulatory agencies, dependence upon third-party vendors, and other risks discussed in the company's periodic filings with the Securities and Exchange Commission. By making these forward-looking statements, the company undertakes no obligation to update these statements for revisions or changes after the date of this release.
The company recorded a net loss of approximately $2.9 million, or $0.06 per basic and diluted common share, for the fourth fiscal quarter ended July 31, compared to a net loss of approximately $2.4 million, or $0.05 per basic and diluted common share, for the fourth quarter of fiscal 2007. Research and development expenses increased by approximately $0.9 million during the fourth quarter of fiscal 2008 as compared to the same quarter a year ago primarily due to expenses incurred related to the company's preparations for the completion of its ONCONASE® rolling New Drug Application (NDA) submission. Decreased general and administrative expenses of approximately $0.5 million for the fourth quarter of fiscal 2008 were primarily the result of reduced stock based compensation expenses.
Net loss for the fiscal year ended July 31, 2008 of approximately $12.3 million, or $0.26 per basic and diluted common share, represents an increase of approximately $3.5 million, compared to the $8.8 million net loss, or $0.19 per basic and diluted common share, for fiscal 2007.
Cash and Liquidity
As of July 31, 2008, the company had cash and cash equivalents of approximately $4.7 million, a decrease of approximately $3.1 million, compared to cash and cash equivalents of approximately $7.8 million on April 30, 2008. The company has received notification that it continues to qualify for the sale of its state tax loss carryforwards in New Jersey and is awaiting additional information on the proceeds it can expect to receive from this sale in late 2008. Based on the current expected level of receipts and expenditures, the company believes that its cash and cash equivalents are sufficient to support its activities into the fourth quarter of fiscal year 2009. The company will be eligible to receive a minimum milestone payment of $20 million from its U.S. partner, Strativa Pharmaceuticals, in the event that the planned NDA submission results in the company receiving marketing approval for ONCONASE.
Clinical/Regulatory Update
Alfacell has completed patient enrollment in a confirmatory Phase IIIb clinical trial for ONCONASE in patients suffering from unresectable malignant mesothelioma (UMM) and reached the required number of evaluable events to conduct the formal statistical analyses required to complete the final sections of the ONCONASE rolling NDA. As the company has previously reported, the results of the preliminary statistical analysis of the data did not meet statistical significance for the primary endpoint of survival in UMM. However, a statistically significant improvement in survival was seen in the treatment of UMM patients who failed one prior chemotherapy regimen, a pre-defined primary data set for this sub-group of patients in the trial, which represents a currently unmet medical need. Alfacell has requested a pre-NDA meeting with the Food and Drug Administration (FDA) to discuss the details of the planned NDA submission. The company continues to estimate that the final components of the rolling NDA will be submitted by the end of 2008, and the company plans to present the results of the Phase IIIb trial at an upcoming scientific conference in 2009.
The company has completed enrollment in its Phase I clinical trials for patients suffering from non-small cell lung cancer (NSCLC) and other solid tumors and is planning for a follow-on Phase II clinical trial in NSCLC patients that exhibit resistance to platinum based chemotherapy regimens. Initiation of patient enrollment in this trial is currently expected to occur in early 2009.
"Fiscal 2008 was a year of progress at Alfacell," said Lawrence A. Kenyon, Alfacell's president. "We achieved a number of important objectives, including the U.S. license agreement with Strativa and completion of the Phase IIIb clinical trial for ONCONASE in UMM. In fiscal 2009, we plan to complete the NDA submission after receiving input from the FDA and to move forward with an expanded ONCONASE clinical development program."
About ONCONASE®
ONCONASE is a first-in-class therapeutic product candidate based on Alfacell's proprietary ribonuclease (RNase) technology. A natural protein isolated from the leopard frog, ONCONASE has been shown in the laboratory and clinic to target cancer cells while sparing normal cells. ONCONASE triggers apoptosis, the natural death of cells, via multiple molecular mechanisms of action.
Alfacell has licensed the U.S. commercial rights for ONCONASE to Strativa Pharmaceuticals, a division of Par Pharmaceutical, Inc. Strategic marketing and distribution agreements for ONCONASE have been secured with Megapharm Ltd. for Israel, BL and H Co. Ltd. for Korea, Taiwan and Hong Kong, USP Pharma Spolka Z.O.O., an affiliate of US Pharmacia, for Eastern Europe, and GENESIS Pharma, S.A. for Southeastern Europe.
ONCONASE has been granted fast track status and orphan-drug designation for the treatment of malignant mesothelioma by the FDA. Additionally, ONCONASE has been granted orphan-drug designation in the European Union and Australia.
About Alfacell Corporation
Alfacell Corporation is the first company to advance a biopharmaceutical product candidate that works in a manner similar to RNA interference (RNAi) through late-stage clinical trials. The product candidate, ONCONASE, is an RNase that overcomes the challenges of targeting RNA for therapeutic purposes while enabling the development of a new class of targeted therapies for cancer and other life-threatening diseases. In addition to a recently completed Phase IIIb study in malignant mesothelioma, Alfacell is currently planning for Phase II clinical trials in other oncology indications. For more information, visit www.alfacell.com.
Safe Harbor
This press release includes statements that may constitute "forward-looking" statements, usually containing the words "believe," "estimate," "project," "expect" or similar expressions. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from the forward-looking statements. Factors that would cause or contribute to such differences include, but are not limited to, uncertainty whether the clinical trial results will allow the company to complete submission of a New Drug Application and if a New Drug Application submission is completed, uncertainty whether FDA will file or approve such application, uncertainties involved in transitioning from concept to product, uncertainties involving the ability of the company to finance research and development activities, potential challenges to or violations of patents, uncertainties regarding the outcome of clinical trials or differences of opinion in interpreting the results of clinical trials, the company's ability to secure necessary approvals from regulatory agencies, dependence upon third-party vendors, and other risks discussed in the company's periodic filings with the Securities and Exchange Commission. By making these forward-looking statements, the company undertakes no obligation to update these statements for revisions or changes after the date of this release.
Ohio asbestos ruling affects old cases
The Ohio Supreme Court ruled Wednesday that a 2004 law making it more difficult to seek damages for asbestos-related deaths and illnesses can constitutionally be applied to cases that were in the pipeline before the law went into effect.
The 6-1 ruling means that many of the 40,000 Ohio cases that were in the works when the law was enacted are likely to be swiftly dismissed. It also has potential legal ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance.
Ohio at one time had the largest backlog of asbestos-related cases in the nation. The 2004 law requires a plaintiff to show that a medical expert who personally treated the plaintiff has found that the patient's health has been substantially impaired by exposure to asbestos.
Writing for the majority, Justice Robert Cupp said Ohio's law can be applied retroactively because the changes were "remedial and procedural," simply putting holds on the claims of thousands of Ohioans who were not yet showing symptoms of asbestos-related cancers. The Ohio Constitution bars retroactive laws that change the nature, or substance, of a law, justices said.
The case heard by the high court involves multiple defendants, including Ironton widow Linda Ackison, who filed a wrongful death suit in May 2004 against her late husband's former employer, Dayton Malleable. Ackison alleged in the suit that long-term exposure to asbestos in the workplace contributed to the illness and death of her husband Danny.
The strong, fibrous asbestos is heat resistant, and it has been use by many industrial companies. The U.S. Department of Health and Human Services says the fibers can remain in lung tissue for long periods and that significant exposure to the material increases the risk of lung cancer, mesothelioma and other lung disorders.
Only Justice Paul Pfeifer sided with Ackison in Wednesday's lengthy ruling, saying the 2004 law couldn't be considered merely procedural when state lawmakers effectively "legislated away" her claim to her husband's damages.
"Claimants like Danny Ackison will not get a chance to avail themselves of (the law)'s 'come back when you're sicker' provision," Pfeifer wrote. "Danny Ackison will not be getting sicker. And he will never have the opportunity to vindicate his rights that existed on the day he learned that his workplace exposure to asbestos had made him sick."
Richard Schuster, an attorney for several Fortune 500 firms and other businesses sued by Ackison, called the ruling significant to the companies and to Ohio's ailing economy.
"For the businesses located here in Ohio, it will allow the cases to come off their books and allow them to focus on doing business and, hopefully, hiring people here in Ohio," he said. "It really focuses the attention on those people who are ill, who have a real disease, and allows those cases to move through the courts, which have been clogged up by people who weren't sick."
He said the asbestos lawsuits appeared in such volume after workers at potentially hazardous work sites around the country were offered mass screenings in search of related health conditions.
Vin Green, an attorney for Ackison, said it is "completely and totally inaccurate" to say that those who filed asbestos-related lawsuits aren't sick.
"That's a fiction that's propagated by the defendants and by the insurance industry," he said. "If you have damage to the lining of your lungs, you are sick. The extent to which you're symptomatic is going to vary from case to case."
Green condemned the high court for what he said was a ruling on the side of big business.
"It's a result-oriented decision in favor of corporations against injured Ohio citizens," he said.
After the Georgia Supreme Court struck down the retroactivity of that state's asbestos litigation law, state lawmakers passed another law that has not been challenged in court, Schuster said. A challenge to a similar law in Florida is before the courts and expected to be decided next year. A Kansas law has not been legally challenged.
The 6-1 ruling means that many of the 40,000 Ohio cases that were in the works when the law was enacted are likely to be swiftly dismissed. It also has potential legal ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to the cancer-causing substance.
Ohio at one time had the largest backlog of asbestos-related cases in the nation. The 2004 law requires a plaintiff to show that a medical expert who personally treated the plaintiff has found that the patient's health has been substantially impaired by exposure to asbestos.
Writing for the majority, Justice Robert Cupp said Ohio's law can be applied retroactively because the changes were "remedial and procedural," simply putting holds on the claims of thousands of Ohioans who were not yet showing symptoms of asbestos-related cancers. The Ohio Constitution bars retroactive laws that change the nature, or substance, of a law, justices said.
The case heard by the high court involves multiple defendants, including Ironton widow Linda Ackison, who filed a wrongful death suit in May 2004 against her late husband's former employer, Dayton Malleable. Ackison alleged in the suit that long-term exposure to asbestos in the workplace contributed to the illness and death of her husband Danny.
The strong, fibrous asbestos is heat resistant, and it has been use by many industrial companies. The U.S. Department of Health and Human Services says the fibers can remain in lung tissue for long periods and that significant exposure to the material increases the risk of lung cancer, mesothelioma and other lung disorders.
Only Justice Paul Pfeifer sided with Ackison in Wednesday's lengthy ruling, saying the 2004 law couldn't be considered merely procedural when state lawmakers effectively "legislated away" her claim to her husband's damages.
"Claimants like Danny Ackison will not get a chance to avail themselves of (the law)'s 'come back when you're sicker' provision," Pfeifer wrote. "Danny Ackison will not be getting sicker. And he will never have the opportunity to vindicate his rights that existed on the day he learned that his workplace exposure to asbestos had made him sick."
Richard Schuster, an attorney for several Fortune 500 firms and other businesses sued by Ackison, called the ruling significant to the companies and to Ohio's ailing economy.
"For the businesses located here in Ohio, it will allow the cases to come off their books and allow them to focus on doing business and, hopefully, hiring people here in Ohio," he said. "It really focuses the attention on those people who are ill, who have a real disease, and allows those cases to move through the courts, which have been clogged up by people who weren't sick."
He said the asbestos lawsuits appeared in such volume after workers at potentially hazardous work sites around the country were offered mass screenings in search of related health conditions.
Vin Green, an attorney for Ackison, said it is "completely and totally inaccurate" to say that those who filed asbestos-related lawsuits aren't sick.
"That's a fiction that's propagated by the defendants and by the insurance industry," he said. "If you have damage to the lining of your lungs, you are sick. The extent to which you're symptomatic is going to vary from case to case."
Green condemned the high court for what he said was a ruling on the side of big business.
"It's a result-oriented decision in favor of corporations against injured Ohio citizens," he said.
After the Georgia Supreme Court struck down the retroactivity of that state's asbestos litigation law, state lawmakers passed another law that has not been challenged in court, Schuster said. A challenge to a similar law in Florida is before the courts and expected to be decided next year. A Kansas law has not been legally challenged.
Saturday, October 11, 2008
Oakland California Crisis stings project
The SF Youth Commission were given a presentation on Prop 6 - by a City Official with another City Attorney present making a statement that the presentation would be neutral - and that the SF Youth Commission could not take sides. After the drab Prop. 6 Presentation - most of the those that spoke during Public Comment - spoke against Proposition 6. The presentation was held at the SF Main Library and attend by some few concerned youth and adults.
This City and County of San Francisco with Dennis Herrera as the City Attorney has with intent
chosen to initiate " Gang Injunctions" in San Francisco - thus sending a clear WRONG message.
Adversely impacting thousands of youth in San Francisco.
The first "Gang Injunction" was initiated at the Oakdale Project - a mere two square blocks with little positive impact - in the Bayview Hunters Point.
The only impact were the adverse actions of the "SF Police Department Gang Task Force " intimidating mostly innocent youth. That includes - invading a home and ordering a woman that was taking a shower - to come out naked - so that they could question her. All this in front of her young children.
All under the pretext that they were looking for a wanted person - and that too on Thanksgiving Day. Go figure!
Gang Injunctions have now been initiated in the Mission and the Western Addition. Often times - an innocent person with no record - is put on the Gang Injunction list. Once on the list - the individual has no rights - even a dog has more rights.
What has this to do with Proposition 6?
Well, Proposition 6 targets those that are fourteen years and older. If Proposition 6 passes - youth can be charged and given life terms - and treated like adults.
Those most impacted with be youth that are poor and mostly youth that belong to - gangs.
This dubious and evil Proposition has been authored by one Mike Reynolds - the same person that authored the Three Strikes Law. The Three Strikes Law has filled our prisons and does not make sense.
Folks with petty crimes - and put with seasoned criminals - and thousands of lives - have been ruined. The tax payers foots the bill - and most no one is paying attention to this on going - nonsense.
As a matter of fact the Legislator and those backing the Three Strikes Law - must be jailed - but, our attorney and lawyers do not have the balls to take on - such scumbags - Legislator Runner and those that back him.
Backed by a California State Legislator Runner - Proposition 6 will RUIN many a life - of many a youth - and this is crying shame.
San Francisco is a Racist City - and here is one example when this City behaves like a moron - now it comes to bite it in the butt - this SF City favored Gang Injunction without giving it a thought. Now, on the heels of Gang Injunctions - comes Prop 6 another dubious and evil law in the making.
Some in the City now pretend that they are against Proposition 6 - but these same folks are for Gang Injunctions - that have had no impact to curb violence and address Quality of Life issues in San Francisco. In fact violence, killing, and other crimes like rape, assaults, robberies, car thefts, drug sales, break ins - are on the increase.
San Francisco does not do any justice to our youth.
We do not have a Blue Print where youth - in this City - are given good opportunities. In fact this Racist City - does not favor straight families living in this City.
Our Mayor is busy - screwing around propagating other mundane issues - forums pushing for life-style issues for which he is not paid by the SF tax payer.
This Presentation on Proposition 6 at the Main SF Libaray was given by a Black City Attorney - in a nonchalant manner - with no mention of Mike Reynolds, the Three Strikes Law, the Legislator Runner - and the impact on youth in detail.
Such half-ass presentation are a mockery and do more injustice then justice.
Proposition 6 favors developers that do not want youth that can ruin their chances of making money. Developers consider - youth as blight - and especially youth that hang out in gangs.
In the Oakdale Project in the Bayview Hunters Point - a small area - the SF Police Department was taking instructions from Mayor Gavin Newsom.
The Oakdale Injunction has ruined the lives of many. Many innocent youth were put on the Injunction List and sent to jail - many without cause. Few spoke against it - because we have few leaders - that know the way, show the way, and go the way.
We do have many so called leaders that BS a lot.
Well, if Proposition 6 passes - all hell will break loose - and this City and County of San Francisco is not doing anything much - except paying lip service.
The SF Youth Commission does not fully comprehend the implications of Prop 6.
Even if the SF Youth Commissioners did - none of them asked questions. Perhaps paying heed to the White woman City Attorney - who made a stupid statement that that San Francisco does not take sides on any Proposition.
Well, the SF City openly took sides with Proposition G. The Lennar Jobs, Parks, and Housing Initiative.
With Diane Feinstein, Mayor Gavin Newsom, Supervisor Sophie Maxwell - all opposing it and the documents can be read and found at the Department of Elections.
Five million dollar were spent by Lennar with City Officials and Representative endorsing Proposition G. Fighting the peoples proposition Proposition F.
Some of our City Attorneys are dumb - and many of the statements they make - belie their ignorance.
This meeting held October 9, 2008 at the San Francisco Main Library should have been packed - it was not. How ever the few speakers that spoke - the majority of them were against Proposition 6.
Proposition 6 is very bad news - and it meant to incarcerated youth for life - to favor the TRILLION INCARCERATION BUSINESS that some "thugs" operate.
Proposition 6 also favor developers that want youth and other elements that they consider - "blight" out of their way to make money.
The Legislators that favor Proposition 6 - do not for a moment consider giving our youth - opportunities.
They do not for a moment consider the many programs that can rehabilitate a young person.
They do not consider that amount of pain inflicted on mothers, families, relatives, and friends - when some one too young to be incarcerated - is incarcerated for life. Tried like an adult.
The paradox is much of the money backing Proposition 6 is from a "thug" who made millions - doing white collar crime - and now makes his abode in Southern California - he now owns Real Estate and favors certain individuals to live in and around his developments.
If Proposition 6 passes - in months - there will be a hue and cry - but, it will be too late.
Many Correction Officers favor Proposition 6.
Racist politicians such as Mayor Gavin Newsom and Dennis Herrers give it tacit support. These jerks have not spoken against it. How, can they when they favor the Gang Injunctions.
How can they when they favor a corrupt company like Lennar bombarding children with toxic dust, radiological elements, and asbestos structures - in the Bayview Hunters Point?
The SF Youth Commissioners - must visit schools, organizations, and places where youth congregated - without breaking the Brown Act - and speak out.
The SF Youth Commission must collect data. Then they must put our City Attorneys to work - to bring about genuine Legislation - that protects our youth in San Francisco.
A few photographs from the meeting - the lighting was pathetic - but I did what I could:
http://www.flickr.com/photos/franciscodacosta/sets/72157607904507600/show/
Francisco Da Costa
Director
Environmental Justice Advocacy
****************************
http://www.flickr.com/photos/franciscodacosta/sets/72157607904507600/show/
****************************
http://www.thestrategycenter.org
****************************
http://www.propositionf.com
****************************
chosen to initiate " Gang Injunctions" in San Francisco - thus sending a clear WRONG message.
Adversely impacting thousands of youth in San Francisco.
The first "Gang Injunction" was initiated at the Oakdale Project - a mere two square blocks with little positive impact - in the Bayview Hunters Point.
The only impact were the adverse actions of the "SF Police Department Gang Task Force " intimidating mostly innocent youth. That includes - invading a home and ordering a woman that was taking a shower - to come out naked - so that they could question her. All this in front of her young children.
All under the pretext that they were looking for a wanted person - and that too on Thanksgiving Day. Go figure!
Gang Injunctions have now been initiated in the Mission and the Western Addition. Often times - an innocent person with no record - is put on the Gang Injunction list. Once on the list - the individual has no rights - even a dog has more rights.
What has this to do with Proposition 6?
Well, Proposition 6 targets those that are fourteen years and older. If Proposition 6 passes - youth can be charged and given life terms - and treated like adults.
Those most impacted with be youth that are poor and mostly youth that belong to - gangs.
This dubious and evil Proposition has been authored by one Mike Reynolds - the same person that authored the Three Strikes Law. The Three Strikes Law has filled our prisons and does not make sense.
Folks with petty crimes - and put with seasoned criminals - and thousands of lives - have been ruined. The tax payers foots the bill - and most no one is paying attention to this on going - nonsense.
As a matter of fact the Legislator and those backing the Three Strikes Law - must be jailed - but, our attorney and lawyers do not have the balls to take on - such scumbags - Legislator Runner and those that back him.
Backed by a California State Legislator Runner - Proposition 6 will RUIN many a life - of many a youth - and this is crying shame.
San Francisco is a Racist City - and here is one example when this City behaves like a moron - now it comes to bite it in the butt - this SF City favored Gang Injunction without giving it a thought. Now, on the heels of Gang Injunctions - comes Prop 6 another dubious and evil law in the making.
Some in the City now pretend that they are against Proposition 6 - but these same folks are for Gang Injunctions - that have had no impact to curb violence and address Quality of Life issues in San Francisco. In fact violence, killing, and other crimes like rape, assaults, robberies, car thefts, drug sales, break ins - are on the increase.
San Francisco does not do any justice to our youth.
We do not have a Blue Print where youth - in this City - are given good opportunities. In fact this Racist City - does not favor straight families living in this City.
Our Mayor is busy - screwing around propagating other mundane issues - forums pushing for life-style issues for which he is not paid by the SF tax payer.
This Presentation on Proposition 6 at the Main SF Libaray was given by a Black City Attorney - in a nonchalant manner - with no mention of Mike Reynolds, the Three Strikes Law, the Legislator Runner - and the impact on youth in detail.
Such half-ass presentation are a mockery and do more injustice then justice.
Proposition 6 favors developers that do not want youth that can ruin their chances of making money. Developers consider - youth as blight - and especially youth that hang out in gangs.
In the Oakdale Project in the Bayview Hunters Point - a small area - the SF Police Department was taking instructions from Mayor Gavin Newsom.
The Oakdale Injunction has ruined the lives of many. Many innocent youth were put on the Injunction List and sent to jail - many without cause. Few spoke against it - because we have few leaders - that know the way, show the way, and go the way.
We do have many so called leaders that BS a lot.
Well, if Proposition 6 passes - all hell will break loose - and this City and County of San Francisco is not doing anything much - except paying lip service.
The SF Youth Commission does not fully comprehend the implications of Prop 6.
Even if the SF Youth Commissioners did - none of them asked questions. Perhaps paying heed to the White woman City Attorney - who made a stupid statement that that San Francisco does not take sides on any Proposition.
Well, the SF City openly took sides with Proposition G. The Lennar Jobs, Parks, and Housing Initiative.
With Diane Feinstein, Mayor Gavin Newsom, Supervisor Sophie Maxwell - all opposing it and the documents can be read and found at the Department of Elections.
Five million dollar were spent by Lennar with City Officials and Representative endorsing Proposition G. Fighting the peoples proposition Proposition F.
Some of our City Attorneys are dumb - and many of the statements they make - belie their ignorance.
This meeting held October 9, 2008 at the San Francisco Main Library should have been packed - it was not. How ever the few speakers that spoke - the majority of them were against Proposition 6.
Proposition 6 is very bad news - and it meant to incarcerated youth for life - to favor the TRILLION INCARCERATION BUSINESS that some "thugs" operate.
Proposition 6 also favor developers that want youth and other elements that they consider - "blight" out of their way to make money.
The Legislators that favor Proposition 6 - do not for a moment consider giving our youth - opportunities.
They do not for a moment consider the many programs that can rehabilitate a young person.
They do not consider that amount of pain inflicted on mothers, families, relatives, and friends - when some one too young to be incarcerated - is incarcerated for life. Tried like an adult.
The paradox is much of the money backing Proposition 6 is from a "thug" who made millions - doing white collar crime - and now makes his abode in Southern California - he now owns Real Estate and favors certain individuals to live in and around his developments.
If Proposition 6 passes - in months - there will be a hue and cry - but, it will be too late.
Many Correction Officers favor Proposition 6.
Racist politicians such as Mayor Gavin Newsom and Dennis Herrers give it tacit support. These jerks have not spoken against it. How, can they when they favor the Gang Injunctions.
How can they when they favor a corrupt company like Lennar bombarding children with toxic dust, radiological elements, and asbestos structures - in the Bayview Hunters Point?
The SF Youth Commissioners - must visit schools, organizations, and places where youth congregated - without breaking the Brown Act - and speak out.
The SF Youth Commission must collect data. Then they must put our City Attorneys to work - to bring about genuine Legislation - that protects our youth in San Francisco.
A few photographs from the meeting - the lighting was pathetic - but I did what I could:
http://www.flickr.com/photos/franciscodacosta/sets/72157607904507600/show/
Francisco Da Costa
Director
Environmental Justice Advocacy
****************************
http://www.flickr.com/photos/franciscodacosta/sets/72157607904507600/show/
****************************
http://www.thestrategycenter.org
****************************
http://www.propositionf.com
****************************
New Jersey's decrepit sites are a hot spot for urban explorers
Wearing steel-tipped boots and armed with a respirator, a flashlight and a digital camera, Becky Aspell had traveled more than 200 miles to spend some quality time at one of New Jersey's least likely garden spots, the imposing, now-shuttered asylum known as Greystone Park Psychiatric Hospital in Parsippany.
Robert Sciarrino/The Star-LedgerBeds once used in the care of patients in the Clinic Building, located on the grounds of Greystone, rust in the decaying abandoned building.
"It was like walking back in time with all the old furniture, the old architecture, the peeling paint, medical equipment and beds," Aspell, of Lexington, Mass., said of the August road trip. "Then there are the tunnels. I love tunnels."
Aspell said there's a name for what she does - urban exploration, the recreational reconnaissance of urban sites off limits to the public. The internet has helped turn local curiosities and provincial oddities into regional, even national hot spots, with websites and YouTube travelogues devoted to moldering mansions, abandoned prisons, forsaken factories, forgotten infrastructure and industrial detritus - and the creepier, the better.
But police have a few other names for it, as Aspell soon discovered. Trespassing. Criminal mischief. Burglary.
Certainly not everyone who ventures into these old piles are card-carrying members of the National Trust for Historic Preservation, but Aspell and her fellow explorers insist they're true history buffs who respect, even revere old structures, and don't condone vandalism. There's a motto among her compatriots: "Take only pictures, leave only footprints."
Robert Sciarrino/The Star-LedgerWheelchairs and medical equipment left behind in the abandoned Clinic Building at Greystone.
But someone exploring Greystone over the summer left more than footprints. A spokeswoman for the state Department of Human Services, which oversees the old building, said vandals broke into the old administration building and defecated on an architectural model of the hospital that has replaced the old asylum.
Two men were charged with burglary and criminal mischief for causing $15,000 in damage, including wrecking furniture and doors and tampering with the phone system.
Aspell and another man allegedly joined them in entering the facility but went off on their own; they were charged only with burglary.
Ellen Lovejoy, the department spokeswoman said the suspects, none of whom is from New Jersey, read about the old hospital on a website.
"It's a liability issue," she said. Lovejoy added that hospital security has had to shoo away curiosity-seekers at least 30 times in the last few years.
In Cedar Grove, the Essex County Sheriff's Office instituted patrols of the old Essex County Hospital Center (also known as Overbrook) over the summer, arresting more than 30 young adults and juveniles, one from Florida.
Lostdestinations.comA cell block in the former Essex County Jail.
The once-magnificent Essex Mountain Sanitarium in nearby North Caldwell also attracted unwanted attention until its last buildings were demolished in 2002. The ruins of the former Essex County Jail, built in the 1800s and the site of hangings until 1902, still gets visitors, if Flickr.com is any indication.
THE DANGER INSIDE
Essex Sheriff Armando Fontoura listed the potential for problems with such expeditions: A fire lit to keep warm could rage out of control. Someone could fall through a rotting floor or get cut on broken glass or jagged metal. There's possible asbestos exposure. Kids seeking a place to partake of some mild refreshments might come across vandals intent on something more sinister.
"I don't see where the thrill comes in," Fontoura said. "I can think of a better way to get spooked. Join the Army. Join the Marine Corps. You want to get spooked? Go to Iraq."
Fontoura said the website of Weird NJ, the fanzine-turned-publishing-powerhouse that chronicles the secrets, legends and landmarks of the Garden State and beyond, encourages these incursions. Co-founder Mark Sceurman agreed to post a warning on the website, even though he believes the old Essex County Hospital Center has gotten renewed attention because of some recent filming there.
He also said his website and publications include disclaimers saying their work is not intended as a guide to trespassing.
"The magazine doesn't turn people into zombies who break the law," he said. "We hope."
Heather Shade, a former Garden State resident who now lives in El Paso, Texas, still archives her explorations through New Jersey, as well as Texas, New Mexico and California, at her website Lost Destinations.Shade, who is the co-author of "Weird Texas," said her family used to go on unorthodox field trips, investigating abandoned houses, roaming through graveyards, exploring caves.
"I had weird parents," she said.
She didn't realize there was a subculture devoted to exploring the debris of civilization until she moved to New Jersey. That's when she started organizing trips with friends, documenting their visits with cameras and posting them on the web.
Old Lambertville High School
Her favorite Garden State destination is the old Lambertville High School, built in the 1800s, remodeled in the 1920s and abandoned so long ago it's almost entirely overgrown. It's also reportedly haunted, adding to its allure, and there are a number of YouTube videos devoted to the building.
"The fact that a three-story old high school could be sitting here so long that trees could go through it, it's beautiful and sad at the same time," Shade says. "And a little bit creepy. Which is all the things I like."
Both Sceurman and Shade said they seek permission from property owners before attempting a visit to a site, although Shade admits she has ignored "No Trespassing" signs on occasion. On one memorable occasion, she came face-to-face with a neighbor with a shotgun. Once she explained what she was doing, he took her on a tour himself.
"I'm not one of those people who go in taking things out of houses," she said. "That really makes me mad. I'm more about promoting appreciation for the history of the place where you live, and who was there before you, and those lives that were in there before you. It's important for people to respect that. It's an old building that had a life and a history. It's a structure that meant something at one time."
Robert Sciarrino/The Star-LedgerBeds once used in the care of patients in the Clinic Building, located on the grounds of Greystone, rust in the decaying abandoned building.
"It was like walking back in time with all the old furniture, the old architecture, the peeling paint, medical equipment and beds," Aspell, of Lexington, Mass., said of the August road trip. "Then there are the tunnels. I love tunnels."
Aspell said there's a name for what she does - urban exploration, the recreational reconnaissance of urban sites off limits to the public. The internet has helped turn local curiosities and provincial oddities into regional, even national hot spots, with websites and YouTube travelogues devoted to moldering mansions, abandoned prisons, forsaken factories, forgotten infrastructure and industrial detritus - and the creepier, the better.
But police have a few other names for it, as Aspell soon discovered. Trespassing. Criminal mischief. Burglary.
Certainly not everyone who ventures into these old piles are card-carrying members of the National Trust for Historic Preservation, but Aspell and her fellow explorers insist they're true history buffs who respect, even revere old structures, and don't condone vandalism. There's a motto among her compatriots: "Take only pictures, leave only footprints."
Robert Sciarrino/The Star-LedgerWheelchairs and medical equipment left behind in the abandoned Clinic Building at Greystone.
But someone exploring Greystone over the summer left more than footprints. A spokeswoman for the state Department of Human Services, which oversees the old building, said vandals broke into the old administration building and defecated on an architectural model of the hospital that has replaced the old asylum.
Two men were charged with burglary and criminal mischief for causing $15,000 in damage, including wrecking furniture and doors and tampering with the phone system.
Aspell and another man allegedly joined them in entering the facility but went off on their own; they were charged only with burglary.
Ellen Lovejoy, the department spokeswoman said the suspects, none of whom is from New Jersey, read about the old hospital on a website.
"It's a liability issue," she said. Lovejoy added that hospital security has had to shoo away curiosity-seekers at least 30 times in the last few years.
In Cedar Grove, the Essex County Sheriff's Office instituted patrols of the old Essex County Hospital Center (also known as Overbrook) over the summer, arresting more than 30 young adults and juveniles, one from Florida.
Lostdestinations.comA cell block in the former Essex County Jail.
The once-magnificent Essex Mountain Sanitarium in nearby North Caldwell also attracted unwanted attention until its last buildings were demolished in 2002. The ruins of the former Essex County Jail, built in the 1800s and the site of hangings until 1902, still gets visitors, if Flickr.com is any indication.
THE DANGER INSIDE
Essex Sheriff Armando Fontoura listed the potential for problems with such expeditions: A fire lit to keep warm could rage out of control. Someone could fall through a rotting floor or get cut on broken glass or jagged metal. There's possible asbestos exposure. Kids seeking a place to partake of some mild refreshments might come across vandals intent on something more sinister.
"I don't see where the thrill comes in," Fontoura said. "I can think of a better way to get spooked. Join the Army. Join the Marine Corps. You want to get spooked? Go to Iraq."
Fontoura said the website of Weird NJ, the fanzine-turned-publishing-powerhouse that chronicles the secrets, legends and landmarks of the Garden State and beyond, encourages these incursions. Co-founder Mark Sceurman agreed to post a warning on the website, even though he believes the old Essex County Hospital Center has gotten renewed attention because of some recent filming there.
He also said his website and publications include disclaimers saying their work is not intended as a guide to trespassing.
"The magazine doesn't turn people into zombies who break the law," he said. "We hope."
Heather Shade, a former Garden State resident who now lives in El Paso, Texas, still archives her explorations through New Jersey, as well as Texas, New Mexico and California, at her website Lost Destinations.Shade, who is the co-author of "Weird Texas," said her family used to go on unorthodox field trips, investigating abandoned houses, roaming through graveyards, exploring caves.
"I had weird parents," she said.
She didn't realize there was a subculture devoted to exploring the debris of civilization until she moved to New Jersey. That's when she started organizing trips with friends, documenting their visits with cameras and posting them on the web.
Old Lambertville High School
Her favorite Garden State destination is the old Lambertville High School, built in the 1800s, remodeled in the 1920s and abandoned so long ago it's almost entirely overgrown. It's also reportedly haunted, adding to its allure, and there are a number of YouTube videos devoted to the building.
"The fact that a three-story old high school could be sitting here so long that trees could go through it, it's beautiful and sad at the same time," Shade says. "And a little bit creepy. Which is all the things I like."
Both Sceurman and Shade said they seek permission from property owners before attempting a visit to a site, although Shade admits she has ignored "No Trespassing" signs on occasion. On one memorable occasion, she came face-to-face with a neighbor with a shotgun. Once she explained what she was doing, he took her on a tour himself.
"I'm not one of those people who go in taking things out of houses," she said. "That really makes me mad. I'm more about promoting appreciation for the history of the place where you live, and who was there before you, and those lives that were in there before you. It's important for people to respect that. It's an old building that had a life and a history. It's a structure that meant something at one time."
Classroom blocked off after minor asbestos scare at Heyworth school
- Officials have cordoned off a classroom at Heyworth Junior-Senior High School after some ceiling plaster containing asbestos collapsed earlier this week.
Parents were notified of Wednesday’s incident with a letter from principal Jeff Asmus and also through the district’s telephone notification system, called SchoolReach.
The closed classroom houses a junior high science lab in the 1960 portion of the school. The discovery was made around 7:35 a.m., before students typically arrive for the day.
“We took the precautionary step to close off access to the entire junior high,” Asmus said. “We contacted our asbestos management company and they arrived within an hour to assess the damage.”
Officials believe a water leak caused the deterioration of the plaster. Asmus reported that air-quality test results are clear, and approval had been received to re-occupy the junior high wing.
Superintendent Randy Merker said the district took the measure to ensure safety of students and staff.
“The area involved was a fairly minor area, maybe 2 feet by 2 feet, but you never take chances with asbestos,” Merker said.
The science lab remained closed, with junior high science students sharing the high school lab, which is in a separate area of the school.
Merker said removal of the damaged ceiling is expected to begin Oct. 13 and be completed later that week. School maintenance staff is working to identify the source of the leak and will complete repairs once asbestos abatement has been completed.
Asmus said in the letter that under normal conditions, the ceiling plaster containing asbestos do not present health problems.
Parents were notified of Wednesday’s incident with a letter from principal Jeff Asmus and also through the district’s telephone notification system, called SchoolReach.
The closed classroom houses a junior high science lab in the 1960 portion of the school. The discovery was made around 7:35 a.m., before students typically arrive for the day.
“We took the precautionary step to close off access to the entire junior high,” Asmus said. “We contacted our asbestos management company and they arrived within an hour to assess the damage.”
Officials believe a water leak caused the deterioration of the plaster. Asmus reported that air-quality test results are clear, and approval had been received to re-occupy the junior high wing.
Superintendent Randy Merker said the district took the measure to ensure safety of students and staff.
“The area involved was a fairly minor area, maybe 2 feet by 2 feet, but you never take chances with asbestos,” Merker said.
The science lab remained closed, with junior high science students sharing the high school lab, which is in a separate area of the school.
Merker said removal of the damaged ceiling is expected to begin Oct. 13 and be completed later that week. School maintenance staff is working to identify the source of the leak and will complete repairs once asbestos abatement has been completed.
Asmus said in the letter that under normal conditions, the ceiling plaster containing asbestos do not present health problems.
What is it and how does it affect the body? Layman’s terms -
As explained by a famous Mesothelioma Lawyer from Chicago. If you watch television throughout the day, you are sure to see commercials and segments from Mesothelioma Lawyers on asbestos-related injuries or even deaths as a result of being exposed to the particle.
People that work in the construction or manufacturing industries know all too well what asbestos is, but for the regular person with a desk job, the term ‘asbestos’ may need more explanation.
According to the Environmental Protection Agency, “asbestos is commonly used as an acoustic insulator, and in thermal insulation, fire proofing and other building materials. Many products in use today contain asbestos.” The mineral asbestos has been extremely useful for the manufacturing of different goods such as floor tiles, paint, putties, and more. However, it’s also the leading cause for mesothelioma cancer, a certain serious and even deadly form of cancer that affects the mesothelium.
In fact, for the past 20 years, the number of people affected by asbestos related problems continues to grow. In the United States alone, there are 2,000 cases reported every year. So the questions being asked are how does asbestos affect the body and why?
What are asbestos particles?
Asbestos are so small like dusts that they can be inhaled by those who are exposed to them. The problem is that they can stick to the walls of the lungs and throat and will develop into different types of respiratory illnesses, including asbestosis and, of course, mesothelioma.
How does asbestos affect the body?
According to Wikipedia, “the inhalation of asbestos fibers can cause serious illnesses, including malignant mesothelioma, lung cancer, asbestosis (also called pneumoconiosis), calcifications in the lung, pleural plaques and a rare condition called pnuemothorax. Since the mid 1980s, many uses of asbestos have been banned in many countries.”
How long does it take to diagnose mesothelioma?
You can be exposed to asbestos during the manufacturing process ir when wearing or washing clothes exposed to asbestos for as long as 10 to 20 years. What’s worse is you will never even know that since symptoms don’t appear suddenly. It is important to know your exposure chances of asbestos to know when or if you should be test by a physician.
What are the health hazards of exposure to asbestos?
Exposure to asbestos may increase the risk factors of the following:
* Asbestosis–a chronic lung ailment that can causes shortness of breath, coughing, and/or permanent lung damage
* Lung cancer
* Mesothelioma–a cancer that affects the thin membranes that line the chest and abdomen
* Other cancers of the larynx, oropharynx, gastrointestinal tract, and kidneys
Who is at risk?
Nearly every person has been or will be exposed to asbestos at some point during their life. However, most do not become sick from their exposure. People who do fall ill from asbestos are usually those who are exposed to it on a regular basis, most often in a job where they work directly with the material or through substantial environmental contact. Studies show that family members of workers heavily exposed to asbestos face an increased risk of developing mesothelioma. This risk is thought to result from exposure to asbestos dust brought into the home on the shoes, clothing, skin, and hair of workers.
How can I decrease my risk?
To decrease these exposures, asbestos workers are usually required to shower and change their clothing before leaving the workplace.
By knowing the basics about asbestos and mesothelioma cancer, workers in the industry and family members of construction workers can be better armed to protect themselves and their loved ones from a potentially fatal disease.
People that work in the construction or manufacturing industries know all too well what asbestos is, but for the regular person with a desk job, the term ‘asbestos’ may need more explanation.
According to the Environmental Protection Agency, “asbestos is commonly used as an acoustic insulator, and in thermal insulation, fire proofing and other building materials. Many products in use today contain asbestos.” The mineral asbestos has been extremely useful for the manufacturing of different goods such as floor tiles, paint, putties, and more. However, it’s also the leading cause for mesothelioma cancer, a certain serious and even deadly form of cancer that affects the mesothelium.
In fact, for the past 20 years, the number of people affected by asbestos related problems continues to grow. In the United States alone, there are 2,000 cases reported every year. So the questions being asked are how does asbestos affect the body and why?
What are asbestos particles?
Asbestos are so small like dusts that they can be inhaled by those who are exposed to them. The problem is that they can stick to the walls of the lungs and throat and will develop into different types of respiratory illnesses, including asbestosis and, of course, mesothelioma.
How does asbestos affect the body?
According to Wikipedia, “the inhalation of asbestos fibers can cause serious illnesses, including malignant mesothelioma, lung cancer, asbestosis (also called pneumoconiosis), calcifications in the lung, pleural plaques and a rare condition called pnuemothorax. Since the mid 1980s, many uses of asbestos have been banned in many countries.”
How long does it take to diagnose mesothelioma?
You can be exposed to asbestos during the manufacturing process ir when wearing or washing clothes exposed to asbestos for as long as 10 to 20 years. What’s worse is you will never even know that since symptoms don’t appear suddenly. It is important to know your exposure chances of asbestos to know when or if you should be test by a physician.
What are the health hazards of exposure to asbestos?
Exposure to asbestos may increase the risk factors of the following:
* Asbestosis–a chronic lung ailment that can causes shortness of breath, coughing, and/or permanent lung damage
* Lung cancer
* Mesothelioma–a cancer that affects the thin membranes that line the chest and abdomen
* Other cancers of the larynx, oropharynx, gastrointestinal tract, and kidneys
Who is at risk?
Nearly every person has been or will be exposed to asbestos at some point during their life. However, most do not become sick from their exposure. People who do fall ill from asbestos are usually those who are exposed to it on a regular basis, most often in a job where they work directly with the material or through substantial environmental contact. Studies show that family members of workers heavily exposed to asbestos face an increased risk of developing mesothelioma. This risk is thought to result from exposure to asbestos dust brought into the home on the shoes, clothing, skin, and hair of workers.
How can I decrease my risk?
To decrease these exposures, asbestos workers are usually required to shower and change their clothing before leaving the workplace.
By knowing the basics about asbestos and mesothelioma cancer, workers in the industry and family members of construction workers can be better armed to protect themselves and their loved ones from a potentially fatal disease.
Biden Benefits From Trial-Lawyer Donations, Backs Them in Votes
Oct. 11 (Bloomberg) -- Joe Biden has been an ally of trial lawyers throughout his tenure in the U.S. Senate, opposing every effort to curb lawsuits against businesses and doctors. The lawyers are returning the favor.
Five of Biden's 10 biggest lifetime campaign donors are members of law firms that specialize in bringing personal-injury cases, according to the firms' Web sites and the Washington-based Center for Responsive Politics. That ratio held up during his recent, unsuccessful run for the presidency.
While trial lawyers traditionally back Democrats, Biden, 65, the party's nominee for vice president, has gotten more money from the leading firms than any of the 16 other Senate committee chairmen and more than any Senate Democratic leader.
``The plaintiffs' lawyers would have an ally and dear friend in the White House if the Obama-Biden ticket wins,'' said Steven Hantler, who heads the nonprofit arm of the American Justice Partnership, a business-funded advocacy group that seeks to limit lawsuits at the state level.
There are no trial-lawyer firms among the top 10 donors to Senator Barack Obama, the Democratic presidential candidate, or Senator John McCain, the Republican nominee.
Biden -- a former trial lawyer himself and former chairman of the Senate Judiciary Committee -- voted against attempts by the Republicans who controlled Congress from 1995 to 2007 to rein in lawsuits.
Holding Steady
Even when other Democrats broke ranks during that period, Biden was steadfast. He declined to join Obama in backing a 2005 law that shifted most class-action lawsuits from state to federal courts, or Senator Patrick Leahy of Vermont, who cosponsored legislation to set up a trust fund in lieu of asbestos lawsuits.
David Wade, a spokesman for Biden, said the Delaware senator is sticking up for the average citizen.
``Joe Biden has always believed that when CEOs and big corporations put profits before people, raiding pensions, polluting air and water, or putting dangerous drugs on the market, working folks injured through no fault of their own should have the right to seek justice,'' he said.
Amaya Smith, a spokeswoman for the American Association for Justice, the trial lawyers' trade group, declined to comment. The association's political action committee has given 95 percent of its donations in the 2008 campaign to Democrats.
White House Opposition
Biden's presence on the national ticket has business groups expecting that their campaign to impose limits on lawsuits will run into opposition in an Obama White House.
McCain, an Arizona senator, calls for restricting lawsuits against doctors as part of his plan to overhaul health care.
To be sure, Biden, who's been in the Senate for 36 years, has split with his party and supported corporations on some key votes. He supported the North American Free Trade Agreement and was one of only 18 Democrats in 2005 who voted for a bankruptcy bill that was the top priority of credit-card companies including MBNA Corp.
MBNA, which was based in Biden's home state of Delaware before being bought by Charlotte, North Carolina-based Bank of America Corp. in 2006, is Biden's biggest lifetime donor. The company's employees gave him $214,050.
Still, his advocacy for the lawyers has paid dividends.
Four of the five plaintiffs' law firms among his top donors have worked on behalf of victims of asbestos exposure -- SimmonsCooper LLC, whose employees and families contributed $196,050 from 1989-2008; Baltimore Orioles owner Peter Angelos's firm, whose employees gave $156,250; Baron & Budd PC, whose employees donated $108,050; and Weitz & Luxenberg PC, whose employees gave $93,750.
Blocking Trust Fund
Biden voted in 2006 to block legislation setting up a $140 billion trust fund for victims of exposure to asbestos and curbing lawsuits that have bankrupted almost 80 companies. Leahy of Vermont cosponsored the measure, and 13 Democrats voted to bring it to the Senate floor. The supporters couldn't muster enough votes and the legislation died.
Biden ``thought it was dead wrong that if the trust fund ran out of money for the victims, they couldn't even get their rights back,'' said spokesman Wade.
He was on the losing side in February 2005 when the Senate approved legislation shifting most class-action suits to federal courts from state courts. Among the Democrats backing the measure were Charles Schumer of New York and Obama of Illinois. The bill passed, 72-26, and was signed into law.
Securities Suits
Ten years earlier, Biden voted no while 20 other Democrats, including Senator Edward Kennedy of Massachusetts, helped override President Bill Clinton's veto of legislation curbing class-action securities lawsuits.
Even with Biden's record, business groups favoring limits on lawsuits have mostly stayed out of the presidential race, in contrast to their effort four years ago against John Edwards, the Democratic vice presidential nominee.
``John Edwards actually was a plaintiffs' lawyer,'' Hantler said. ``There was some understandable heartburn.''
Five of Biden's 10 biggest lifetime campaign donors are members of law firms that specialize in bringing personal-injury cases, according to the firms' Web sites and the Washington-based Center for Responsive Politics. That ratio held up during his recent, unsuccessful run for the presidency.
While trial lawyers traditionally back Democrats, Biden, 65, the party's nominee for vice president, has gotten more money from the leading firms than any of the 16 other Senate committee chairmen and more than any Senate Democratic leader.
``The plaintiffs' lawyers would have an ally and dear friend in the White House if the Obama-Biden ticket wins,'' said Steven Hantler, who heads the nonprofit arm of the American Justice Partnership, a business-funded advocacy group that seeks to limit lawsuits at the state level.
There are no trial-lawyer firms among the top 10 donors to Senator Barack Obama, the Democratic presidential candidate, or Senator John McCain, the Republican nominee.
Biden -- a former trial lawyer himself and former chairman of the Senate Judiciary Committee -- voted against attempts by the Republicans who controlled Congress from 1995 to 2007 to rein in lawsuits.
Holding Steady
Even when other Democrats broke ranks during that period, Biden was steadfast. He declined to join Obama in backing a 2005 law that shifted most class-action lawsuits from state to federal courts, or Senator Patrick Leahy of Vermont, who cosponsored legislation to set up a trust fund in lieu of asbestos lawsuits.
David Wade, a spokesman for Biden, said the Delaware senator is sticking up for the average citizen.
``Joe Biden has always believed that when CEOs and big corporations put profits before people, raiding pensions, polluting air and water, or putting dangerous drugs on the market, working folks injured through no fault of their own should have the right to seek justice,'' he said.
Amaya Smith, a spokeswoman for the American Association for Justice, the trial lawyers' trade group, declined to comment. The association's political action committee has given 95 percent of its donations in the 2008 campaign to Democrats.
White House Opposition
Biden's presence on the national ticket has business groups expecting that their campaign to impose limits on lawsuits will run into opposition in an Obama White House.
McCain, an Arizona senator, calls for restricting lawsuits against doctors as part of his plan to overhaul health care.
To be sure, Biden, who's been in the Senate for 36 years, has split with his party and supported corporations on some key votes. He supported the North American Free Trade Agreement and was one of only 18 Democrats in 2005 who voted for a bankruptcy bill that was the top priority of credit-card companies including MBNA Corp.
MBNA, which was based in Biden's home state of Delaware before being bought by Charlotte, North Carolina-based Bank of America Corp. in 2006, is Biden's biggest lifetime donor. The company's employees gave him $214,050.
Still, his advocacy for the lawyers has paid dividends.
Four of the five plaintiffs' law firms among his top donors have worked on behalf of victims of asbestos exposure -- SimmonsCooper LLC, whose employees and families contributed $196,050 from 1989-2008; Baltimore Orioles owner Peter Angelos's firm, whose employees gave $156,250; Baron & Budd PC, whose employees donated $108,050; and Weitz & Luxenberg PC, whose employees gave $93,750.
Blocking Trust Fund
Biden voted in 2006 to block legislation setting up a $140 billion trust fund for victims of exposure to asbestos and curbing lawsuits that have bankrupted almost 80 companies. Leahy of Vermont cosponsored the measure, and 13 Democrats voted to bring it to the Senate floor. The supporters couldn't muster enough votes and the legislation died.
Biden ``thought it was dead wrong that if the trust fund ran out of money for the victims, they couldn't even get their rights back,'' said spokesman Wade.
He was on the losing side in February 2005 when the Senate approved legislation shifting most class-action suits to federal courts from state courts. Among the Democrats backing the measure were Charles Schumer of New York and Obama of Illinois. The bill passed, 72-26, and was signed into law.
Securities Suits
Ten years earlier, Biden voted no while 20 other Democrats, including Senator Edward Kennedy of Massachusetts, helped override President Bill Clinton's veto of legislation curbing class-action securities lawsuits.
Even with Biden's record, business groups favoring limits on lawsuits have mostly stayed out of the presidential race, in contrast to their effort four years ago against John Edwards, the Democratic vice presidential nominee.
``John Edwards actually was a plaintiffs' lawyer,'' Hantler said. ``There was some understandable heartburn.''
Wednesday, October 8, 2008
Asbestos Home Inspections Can Help Prevent Exposure
Asbestos is a naturally occurring mineral that has been used in thousands of products across the globe. The mineral is composed of fibers that are flexible and soft, yet durable and very resistant to heat and fire. Because of this unique combination of characteristics, asbestos became a very useful material in many domestic and industrial applications. However, this mineral is very toxic and is known to cause a range of terminal health conditions, such as asbestosis, mesothelioma cancer, and lung cancer. This is why homeowners are advised to contact a home inspector to have their residence checked for contamination.
Asbestos was widely used across the United States from the late 1800s until the 1980s, when scientific evidence had long proven the hazards of human asbestos exposure. This mineral can still be found in numerous products on the American market, just in smaller quantities than previously allowed. Found in domestic products ranging from ovens to ironing boards to clothing, asbestos was also avidly added to construction materials, such as insulation, siding, roofing, cements, shingles, and pipe coverings, to name a few.
Due to its prevalence in the construction industry, millions of homes and buildings across the country are contaminated with asbestos. Many of these structures are older and the asbestos-containing materials are breaking down with age and pose a greater risk of releasing carcinogenic fibers. Those who are concerned about materials in their home that may contain asbestos should hire a certified master inspector to assess the home for potential contamination.
Some areas of the country are known as “asbestos hotspots” due to the prevalence of asbestos in various industries, public structures, and private residences. One of these hotspots is found in the New England area, where the American asbestos industry found its roots. For example, according to the Environmental Working Group Action Fund, Massachusetts holds the nation’s No. 8 spot for mesothelioma-caused deaths. This implies that asbestos exposure in the state could be among the highest in the nation. However, contacting a Massachusetts home inspector could help to reduce and even prevent unnecessary asbestos exposure.
Numerous advances in technology have evolved the home inspection industry into an efficient process utilizing techniques such as infrared technology that help to quickly assess areas of concern within a home. Having a home inspected for asbestos contamination is an expedient and cost-effective way to determine the risk of asbestos exposure within the residence, and this simple process could be the single most important step to preventing hazardous exposure.
Asbestos was widely used across the United States from the late 1800s until the 1980s, when scientific evidence had long proven the hazards of human asbestos exposure. This mineral can still be found in numerous products on the American market, just in smaller quantities than previously allowed. Found in domestic products ranging from ovens to ironing boards to clothing, asbestos was also avidly added to construction materials, such as insulation, siding, roofing, cements, shingles, and pipe coverings, to name a few.
Due to its prevalence in the construction industry, millions of homes and buildings across the country are contaminated with asbestos. Many of these structures are older and the asbestos-containing materials are breaking down with age and pose a greater risk of releasing carcinogenic fibers. Those who are concerned about materials in their home that may contain asbestos should hire a certified master inspector to assess the home for potential contamination.
Some areas of the country are known as “asbestos hotspots” due to the prevalence of asbestos in various industries, public structures, and private residences. One of these hotspots is found in the New England area, where the American asbestos industry found its roots. For example, according to the Environmental Working Group Action Fund, Massachusetts holds the nation’s No. 8 spot for mesothelioma-caused deaths. This implies that asbestos exposure in the state could be among the highest in the nation. However, contacting a Massachusetts home inspector could help to reduce and even prevent unnecessary asbestos exposure.
Numerous advances in technology have evolved the home inspection industry into an efficient process utilizing techniques such as infrared technology that help to quickly assess areas of concern within a home. Having a home inspected for asbestos contamination is an expedient and cost-effective way to determine the risk of asbestos exposure within the residence, and this simple process could be the single most important step to preventing hazardous exposure.
Redlands Police Department Council forms committee to quickly address facilities needs
REDLANDS - Mayor Pro Tem Pat Gilbreath and Councilman Mick Gallagher volunteered to form a subcommittee that will look into what options the city has in relocating its Police Department.
The subcommittee will be pressed for time, as the Police Department has been displaced for more than a month, and its efficiency is suffering because the department's personnel is spread out through the city.
"We are working on a very compressed schedule," said Community Development Oscar Orci. "There are serious efficiency issues that need to be addressed."
Orci said the subcommittee will be required to meet one or two times per week and need to come back before the council in January and present the options available to the city regarding Safety Hall.
Safety Hall, built in 1961, housed the Police Department's patrol division, records bureau, jail and dispatch center. The building also housed the Drug Court and police and corrections team and the city's credit union.
On Sept. 4, the Police Department began moving its personnel out of Safety Hall, a day after the council voted unanimously to approve the expenditure of $140,482 for costs connected to the relocation of the Police Department.
Most of the department's uniformed personnel have been moved to the second floor of Police Annex at 30 Cajon St.
The rest have been moved to either the west substation at 1150 Brookside Ave., or the North Substation at 1568 N. Orange St.
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On Tuesday, Police Chief Jim Bueermann said the Police Department needs a home and needs it soon.
"I can't begin to tell you what a challenge it's been to not have a sufficient headquarters," he said.
In November 2007, cracks were found in concrete wall panels where the crossed steel beams are anchored. The beams supported the roof of the old council chambers, a room the Police Department plans to turn into a new dispatch center.
The city hired W Tan Engineering to conduct engineering studies on the building in preparation for the move.
Tan recommended additional work to design supports for the structure and repair or replacement of the wall panels.
The department closed the room to the public and began preparations for the repairs. The rest of the building, which was not affected by the structural defects Tan noted, remained open for police services.
In August, asbestos was discovered in the ceiling and floor tiles of the building at the beginning of construction for an earthquake retrofit to ensure the building's ability to withstand a strong earthquake.
On Aug. 5, the City Council authorized $41,000 to remove the asbestos issue while engineers studied the other structural issues.
During construction at Safety Hall, crews found roofing material in the building that created an extra burden on the structure, said Rosemary Hoerning, head of the city's Municipal Utilities and Engineering Department.
A city staff report said that construction at Safety Hall is on hold until the future of the building is determined.
During the discussion on Tuesday afternoon, Nelda Stuck, president of the Redlands Historical Museum Association, reminded the council that the Police Annex was earmarked in 2000 to become the site for the museum.
Since the annex, the old city hall, is being used by the Police Department, museum supporters have been in limbo.
"It's been eight and a half years since you designated the old city hall as the site of the museum," Stuck said. "We just wanted to put the museum back on your radar."
The council also voted to appropriate money to permanently relocate the Police Department's dispatch center to Fire Station 264 at 1270 W. Park Ave.
The council voted unanimously to appropriate $95,000 from the Public Facilities Fund to move the police dispatch center.
The subcommittee will be pressed for time, as the Police Department has been displaced for more than a month, and its efficiency is suffering because the department's personnel is spread out through the city.
"We are working on a very compressed schedule," said Community Development Oscar Orci. "There are serious efficiency issues that need to be addressed."
Orci said the subcommittee will be required to meet one or two times per week and need to come back before the council in January and present the options available to the city regarding Safety Hall.
Safety Hall, built in 1961, housed the Police Department's patrol division, records bureau, jail and dispatch center. The building also housed the Drug Court and police and corrections team and the city's credit union.
On Sept. 4, the Police Department began moving its personnel out of Safety Hall, a day after the council voted unanimously to approve the expenditure of $140,482 for costs connected to the relocation of the Police Department.
Most of the department's uniformed personnel have been moved to the second floor of Police Annex at 30 Cajon St.
The rest have been moved to either the west substation at 1150 Brookside Ave., or the North Substation at 1568 N. Orange St.
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On Tuesday, Police Chief Jim Bueermann said the Police Department needs a home and needs it soon.
"I can't begin to tell you what a challenge it's been to not have a sufficient headquarters," he said.
In November 2007, cracks were found in concrete wall panels where the crossed steel beams are anchored. The beams supported the roof of the old council chambers, a room the Police Department plans to turn into a new dispatch center.
The city hired W Tan Engineering to conduct engineering studies on the building in preparation for the move.
Tan recommended additional work to design supports for the structure and repair or replacement of the wall panels.
The department closed the room to the public and began preparations for the repairs. The rest of the building, which was not affected by the structural defects Tan noted, remained open for police services.
In August, asbestos was discovered in the ceiling and floor tiles of the building at the beginning of construction for an earthquake retrofit to ensure the building's ability to withstand a strong earthquake.
On Aug. 5, the City Council authorized $41,000 to remove the asbestos issue while engineers studied the other structural issues.
During construction at Safety Hall, crews found roofing material in the building that created an extra burden on the structure, said Rosemary Hoerning, head of the city's Municipal Utilities and Engineering Department.
A city staff report said that construction at Safety Hall is on hold until the future of the building is determined.
During the discussion on Tuesday afternoon, Nelda Stuck, president of the Redlands Historical Museum Association, reminded the council that the Police Annex was earmarked in 2000 to become the site for the museum.
Since the annex, the old city hall, is being used by the Police Department, museum supporters have been in limbo.
"It's been eight and a half years since you designated the old city hall as the site of the museum," Stuck said. "We just wanted to put the museum back on your radar."
The council also voted to appropriate money to permanently relocate the Police Department's dispatch center to Fire Station 264 at 1270 W. Park Ave.
The council voted unanimously to appropriate $95,000 from the Public Facilities Fund to move the police dispatch center.
County Office Building Gets Written Up For Poor Conditions
Inspection By State Department Of Labor And Industry Cites Possible Risks, Prompted By Complaint
By Luther Johnson
A state agency issued Page County a citation following an inspection of the county office building on South Court Street. The inspection found possible risks to both employees and the public.
County officials are in the process of addressing the violations of Virginia’s Occupational Safety and Health Laws.
“We have e-mailed a copy of the citation to all occupants of the building,” said Henry Mikus, the county’s director of public works.
The Virginia Department of Labor and Industry cited five concerns the county needed to address:
• Pigeons nesting in the attic, creating large amounts of waste that can infiltrate the building, and not providing proper personal protection equipment for maintenance workers that may enter the area.
• The presence of asbestos inside the building, such as asbestos wrapped pipes in the basement.
• Entrances to areas where asbestos may be present was not properly signed.
• No asbestos awareness training had been provided to employees that perform housekeeping and other mechanical operations.
• Walls on the second floor had the presence of lead paints, which had chipped and formed piles.
Mikus said the inspection was done following a complaint about the conditions in the building.
The offices and public areas of the building are kept to the first floor, with the upper area of the building remaining empty.
On Monday, the county expected to have an asbestos survey of the building done, according to County Administrator Mark Belton. Once the survey was done, he said, the county would have it cleaned up, along with the lead paint.
Asbestos training for employees is scheduled for Friday, Oct. 10, while county workers would be ensuring all public spaces in the building that had openings where anything from the attic could seep down would be covered and sealed.
The issue of the county office building has been long discussed by the board of supervisors, with no clear plan of action determined.
“It’s not to say the supervisors are being wishy-washy,” said Belton, citing that on the six-member board, four have to come to an agreement before action could go further.
“Right now, no four share the same opinion,” said Belton.
Currently the supervisors have $2.3 million set aside in a county office building construction fund, with an estimated $3.5 million needed for the project. The actual cost, however, still depends on which plan the supervisors vote to move forward with.
The office building is leased from the school board. In the deed, it is stated that should the county vacate the building, the property would revert back to the school board. Belton said this causes legal issues supervisors are concerned about, while considering options.
One option the supervisors have discussed would be to build on the empty lot, across from the courthouse, purchased in 2003 at a price of $120,000. The old school building would then be torn down, and the space used for parking.
Another option utilizes the Atwood property purchased in November 2007. The 9 acres cost the county more than $600,000, and would be used to build a new office complex and potentially a new facility for the Luray Rescue Squad.
Supervisors have also considered the option of renovating the current building, with no new estimation of the cost involved.
By Luther Johnson
A state agency issued Page County a citation following an inspection of the county office building on South Court Street. The inspection found possible risks to both employees and the public.
County officials are in the process of addressing the violations of Virginia’s Occupational Safety and Health Laws.
“We have e-mailed a copy of the citation to all occupants of the building,” said Henry Mikus, the county’s director of public works.
The Virginia Department of Labor and Industry cited five concerns the county needed to address:
• Pigeons nesting in the attic, creating large amounts of waste that can infiltrate the building, and not providing proper personal protection equipment for maintenance workers that may enter the area.
• The presence of asbestos inside the building, such as asbestos wrapped pipes in the basement.
• Entrances to areas where asbestos may be present was not properly signed.
• No asbestos awareness training had been provided to employees that perform housekeeping and other mechanical operations.
• Walls on the second floor had the presence of lead paints, which had chipped and formed piles.
Mikus said the inspection was done following a complaint about the conditions in the building.
The offices and public areas of the building are kept to the first floor, with the upper area of the building remaining empty.
On Monday, the county expected to have an asbestos survey of the building done, according to County Administrator Mark Belton. Once the survey was done, he said, the county would have it cleaned up, along with the lead paint.
Asbestos training for employees is scheduled for Friday, Oct. 10, while county workers would be ensuring all public spaces in the building that had openings where anything from the attic could seep down would be covered and sealed.
The issue of the county office building has been long discussed by the board of supervisors, with no clear plan of action determined.
“It’s not to say the supervisors are being wishy-washy,” said Belton, citing that on the six-member board, four have to come to an agreement before action could go further.
“Right now, no four share the same opinion,” said Belton.
Currently the supervisors have $2.3 million set aside in a county office building construction fund, with an estimated $3.5 million needed for the project. The actual cost, however, still depends on which plan the supervisors vote to move forward with.
The office building is leased from the school board. In the deed, it is stated that should the county vacate the building, the property would revert back to the school board. Belton said this causes legal issues supervisors are concerned about, while considering options.
One option the supervisors have discussed would be to build on the empty lot, across from the courthouse, purchased in 2003 at a price of $120,000. The old school building would then be torn down, and the space used for parking.
Another option utilizes the Atwood property purchased in November 2007. The 9 acres cost the county more than $600,000, and would be used to build a new office complex and potentially a new facility for the Luray Rescue Squad.
Supervisors have also considered the option of renovating the current building, with no new estimation of the cost involved.
Electrician files asbestos complaint against 13 corporations
10/8/2008 1:00 PM
By Kelly Holleran
A man recently diagnosed with mesothelioma filed an asbestos suit against 13 defendant corporations, claiming the disease was wrongfully caused.
Bruno Dobler claims he was diagnosed with the disease Oct. 31, 2007, according to a lawsuit filed Sept. 29 in Madison County Circuit Court.
Dobler says he worked form 1959 until 2000 as an electrician, engineer and owner and manager of an electric motor repair business at various locations, according to the lawsuit.
Dobler states his exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
He claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Dobler alleges the asbestos-related disease has disabled and disfigured him and has and will continue to compel him to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease.
Dobler also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.
Mesothelioma hindered and prevented Dobler from pursuing his normal course of employment, according to the suit.
As a result, he lost large sums of money, he claims.
In the two-count lawsuit, Dobler seeks sums in excess of $50,000 and compensatory damages in excess of $50,000.
He also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
He is represented by Robert Phillips and Perry J. Browder of SimmonsCooper LLC in East Alton.
By Kelly Holleran
A man recently diagnosed with mesothelioma filed an asbestos suit against 13 defendant corporations, claiming the disease was wrongfully caused.
Bruno Dobler claims he was diagnosed with the disease Oct. 31, 2007, according to a lawsuit filed Sept. 29 in Madison County Circuit Court.
Dobler says he worked form 1959 until 2000 as an electrician, engineer and owner and manager of an electric motor repair business at various locations, according to the lawsuit.
Dobler states his exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
He claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Dobler alleges the asbestos-related disease has disabled and disfigured him and has and will continue to compel him to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease.
Dobler also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.
Mesothelioma hindered and prevented Dobler from pursuing his normal course of employment, according to the suit.
As a result, he lost large sums of money, he claims.
In the two-count lawsuit, Dobler seeks sums in excess of $50,000 and compensatory damages in excess of $50,000.
He also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
He is represented by Robert Phillips and Perry J. Browder of SimmonsCooper LLC in East Alton.
Marlboro gets rights to Psychiatric Hospital property
MARLBORO — The state has granted the township exclusive rights to buy the Marlboro Psychiatric Hospital property for the next six months.
The decision, passed down by the State House Commission on Monday, is "a good first step" toward ensuring the township has control over the future of the 411-acre site off Route 520, Mayor Jonathan Hornik said.
"There's always a danger that the state could look to liquidate an asset without involving Marlboro Township," Hornik said.
"We're all going to work together to come up with a strategy to meet everybody's needs," Hornik said. He added that area legislators also pushed for the exclusivity deal.
"For Marlboro, it's to turn this into a positive, community-based asset to the town; and for the state, it's to maximize the proceeds they can receive because of obvious budget concerns," Hornik said.
State Treasury Department spokesman Tom Bell said the state is looking forward to "disposing of this property," and the agreement "sets up the parameters for coming to a conclusion within a specific time period." Should the state and the
township not be able to reach an agreement within the next six months, the state may hold a public auction and sell the property to the highest bidder, Bell said.
The township has been negotiating on and off for the purchase of the property since the state closed the hospital in 1998. Previous incarnations of plans for the site have included a Fortune 500 company headquarters, complete with an adjoining golf course and convention center.
But earlier proposals have been delayed by roadblocks, which include the Department of Environmental Protection's 2004 decision to reclassify much of the site as protected watershed area. The move drastically limited development, and cut the value of the property from roughly $30 million to between $6 million and $9 million, according to earlier estimates by township officials.
Hornik said the township is awaiting a new appraisal of the property from the state, but added that "any value presented to me from 2004 might as well have been from 1884, the markets have changed so much."
He added he believes the state, in coming up with a cost for the property, should take into account the Township Council's July vote to rezone the tract for redevelopment. The new redevelopment plan calls for a 200-acre expansion of
Monmouth County's Big Brook Park, and public projects such as a community center or indoor recreation facility.
The plan also permits uses including wellness, sports and swim centers, as well as child and adult day care facilities. Hornik has said he believes the site, because of the environmental restrictions, would not be able to support big-box retail or residential development.
Results of a new environmental study at the site are being compiled by Birdsall Engineering, Hornik said, adding that the study also could impact the purchase price. Preliminary environmental studies found asbestos and oil contamination on
the grounds.
Assemblywoman Caroline Casagrande applauded the State House Commission's decision, for which she said she, Sen. Jennifer Beck and Assemblyman Declan O'Scanlon, all R-Monmouth, have been advocating in a bipartisan effort with Hornik, a Democrat.
"After years of stops and starts, we finally seem to be moving in the right direction, to the credit of everyone involved," Casagrande said in a prepared statement. "After all Marlboro has been through, with the overdevelopment and the corruption associated with it, it is imperative that the township be given every opportunity to control its own destiny and develop this large property with the best interests of Marlboro in mind."
Alesha Williams Boyd: (732) 308-7756 or AWilliams@app.com
In your voice
The decision, passed down by the State House Commission on Monday, is "a good first step" toward ensuring the township has control over the future of the 411-acre site off Route 520, Mayor Jonathan Hornik said.
"There's always a danger that the state could look to liquidate an asset without involving Marlboro Township," Hornik said.
"We're all going to work together to come up with a strategy to meet everybody's needs," Hornik said. He added that area legislators also pushed for the exclusivity deal.
"For Marlboro, it's to turn this into a positive, community-based asset to the town; and for the state, it's to maximize the proceeds they can receive because of obvious budget concerns," Hornik said.
State Treasury Department spokesman Tom Bell said the state is looking forward to "disposing of this property," and the agreement "sets up the parameters for coming to a conclusion within a specific time period." Should the state and the
township not be able to reach an agreement within the next six months, the state may hold a public auction and sell the property to the highest bidder, Bell said.
The township has been negotiating on and off for the purchase of the property since the state closed the hospital in 1998. Previous incarnations of plans for the site have included a Fortune 500 company headquarters, complete with an adjoining golf course and convention center.
But earlier proposals have been delayed by roadblocks, which include the Department of Environmental Protection's 2004 decision to reclassify much of the site as protected watershed area. The move drastically limited development, and cut the value of the property from roughly $30 million to between $6 million and $9 million, according to earlier estimates by township officials.
Hornik said the township is awaiting a new appraisal of the property from the state, but added that "any value presented to me from 2004 might as well have been from 1884, the markets have changed so much."
He added he believes the state, in coming up with a cost for the property, should take into account the Township Council's July vote to rezone the tract for redevelopment. The new redevelopment plan calls for a 200-acre expansion of
Monmouth County's Big Brook Park, and public projects such as a community center or indoor recreation facility.
The plan also permits uses including wellness, sports and swim centers, as well as child and adult day care facilities. Hornik has said he believes the site, because of the environmental restrictions, would not be able to support big-box retail or residential development.
Results of a new environmental study at the site are being compiled by Birdsall Engineering, Hornik said, adding that the study also could impact the purchase price. Preliminary environmental studies found asbestos and oil contamination on
the grounds.
Assemblywoman Caroline Casagrande applauded the State House Commission's decision, for which she said she, Sen. Jennifer Beck and Assemblyman Declan O'Scanlon, all R-Monmouth, have been advocating in a bipartisan effort with Hornik, a Democrat.
"After years of stops and starts, we finally seem to be moving in the right direction, to the credit of everyone involved," Casagrande said in a prepared statement. "After all Marlboro has been through, with the overdevelopment and the corruption associated with it, it is imperative that the township be given every opportunity to control its own destiny and develop this large property with the best interests of Marlboro in mind."
Alesha Williams Boyd: (732) 308-7756 or AWilliams@app.com
In your voice
Springfield building falls for parking lot
By JIM KINNEY
Business writer
SPRINGFIELD - The four-story building at Taylor and Chestnut streets in Springfield is coming down to make room for a parking lot.
"When you look around, Springfield needs parking," said Michael J. Brisbois, the site's owner.
He purchased the building at auction form the city in May for $63,000 according to land records at the Hampden County Registry of Deeds.
The building had been empty for at least 30 years, Brisbois said.
Brisbois said he's also leased adjacent property. He's working with the BSC Realty, owners of other property in the neighborhood including the Mardi Gras strip club at Chestnut and Worthington streets. He said the new parking lot will be managed by the same parking lot operators who run other lots in the neighborhood.
Brisbois said he has no plans to build on the site.
Brisbois said he hopes Associated Building Wreckers can have the property graded flat and paved with a temporary layer of asphalt in three weeks or so.
A permanent paving job will have to wait for spring, he said.
Demolition was slowed when Associated Wreckers found more asbestos contamination in the old building than was thought and had to remove an old oil tank from the property. Demolition ended up costing $148,000, Brisbois said.
"An entire project I expected to cost $250,000 will end up costing more like $325,000, he said.
Business writer
SPRINGFIELD - The four-story building at Taylor and Chestnut streets in Springfield is coming down to make room for a parking lot.
"When you look around, Springfield needs parking," said Michael J. Brisbois, the site's owner.
He purchased the building at auction form the city in May for $63,000 according to land records at the Hampden County Registry of Deeds.
The building had been empty for at least 30 years, Brisbois said.
Brisbois said he's also leased adjacent property. He's working with the BSC Realty, owners of other property in the neighborhood including the Mardi Gras strip club at Chestnut and Worthington streets. He said the new parking lot will be managed by the same parking lot operators who run other lots in the neighborhood.
Brisbois said he has no plans to build on the site.
Brisbois said he hopes Associated Building Wreckers can have the property graded flat and paved with a temporary layer of asphalt in three weeks or so.
A permanent paving job will have to wait for spring, he said.
Demolition was slowed when Associated Wreckers found more asbestos contamination in the old building than was thought and had to remove an old oil tank from the property. Demolition ended up costing $148,000, Brisbois said.
"An entire project I expected to cost $250,000 will end up costing more like $325,000, he said.
Tuesday, October 7, 2008
Red wine slashes lung cancer risk in smokers
Drinking a glass or two of red wine each day may be a prescription for avoiding lung cancer, especially among high-risk people such as smokers.
A study from Kaiser Permanente researchers published today found a strong link between red wine consumption and a decreased risk of lung cancer in men. The researchers studied 84,170 men ages 45 to 69 who were part of the California Men's Health Study. They found lung cancer risk is lowered an average of 2% for each glass of red wine consumed per month. The greatest risk reduction was found among men who smoked and who drank one or two glasses of red wine per day. They had a whopping 60% reduced risk.
Red wine contains a chemical called resveratrol that is a powerful antioxidant and is associated with a variety of health benefits, both for heart health and for cancer prevention. Previous studies in lab animals suggest that resveratrol alters the activity of carcinogens in the body, inducing abnormal cells to die and retarding the growth of cancerous cells, says the lead author of the study, Chun Chao, a research scientist at Kaiser Permanente Department of Research and Evaluation in Pasadena. The study, published in the October issue of Cancer Epidemiology, Biomarkers & Prevention, did not find any clear links between lung cancer and consumption of white wine, beer or liquor.
Chao cautions that the best way for smokers to lower the risk of developing lung cancer is to stop smoking. Even smokers who drink one or two glasses of red wine per day have a higher lung cancer risk than nonsmokers.
More research should be conducted before people start knocking back a glass or two of red wine each day just for the health of it, Chao says. "We need more studies on whether people should drink red wine to reduce lung cancer risk," she says. "If people want to drink red wine for cardiovascular benefits, they should talk to their doctor about that. But they shouldn't drink for lung cancer prevention."
The issue of drinking alcohol for health benefits is controversial because of the harm associated with heavy drinking and alcohol addiction. In general, most health professionals advise people not to start drinking if they don't already drink. The National Cancer Institute takes this position:
"Some studies suggest that alcohol consumption is associated with a lower risk of some risk of some non-cancer health conditions. However, it is not recommended that anyone begin drinking or drink more frequently on the basis of health considerations."
A thorough review of the risks and benefits of moderate drinking can be found at the website of the National Institute on Alcohol Abuse and Alcoholism.
A study from Kaiser Permanente researchers published today found a strong link between red wine consumption and a decreased risk of lung cancer in men. The researchers studied 84,170 men ages 45 to 69 who were part of the California Men's Health Study. They found lung cancer risk is lowered an average of 2% for each glass of red wine consumed per month. The greatest risk reduction was found among men who smoked and who drank one or two glasses of red wine per day. They had a whopping 60% reduced risk.
Red wine contains a chemical called resveratrol that is a powerful antioxidant and is associated with a variety of health benefits, both for heart health and for cancer prevention. Previous studies in lab animals suggest that resveratrol alters the activity of carcinogens in the body, inducing abnormal cells to die and retarding the growth of cancerous cells, says the lead author of the study, Chun Chao, a research scientist at Kaiser Permanente Department of Research and Evaluation in Pasadena. The study, published in the October issue of Cancer Epidemiology, Biomarkers & Prevention, did not find any clear links between lung cancer and consumption of white wine, beer or liquor.
Chao cautions that the best way for smokers to lower the risk of developing lung cancer is to stop smoking. Even smokers who drink one or two glasses of red wine per day have a higher lung cancer risk than nonsmokers.
More research should be conducted before people start knocking back a glass or two of red wine each day just for the health of it, Chao says. "We need more studies on whether people should drink red wine to reduce lung cancer risk," she says. "If people want to drink red wine for cardiovascular benefits, they should talk to their doctor about that. But they shouldn't drink for lung cancer prevention."
The issue of drinking alcohol for health benefits is controversial because of the harm associated with heavy drinking and alcohol addiction. In general, most health professionals advise people not to start drinking if they don't already drink. The National Cancer Institute takes this position:
"Some studies suggest that alcohol consumption is associated with a lower risk of some risk of some non-cancer health conditions. However, it is not recommended that anyone begin drinking or drink more frequently on the basis of health considerations."
A thorough review of the risks and benefits of moderate drinking can be found at the website of the National Institute on Alcohol Abuse and Alcoholism.
Ex Virginia Shipyard Worker Gets Mesothelioma Compensation
On September 6, 2008, a former shipyard worker won a $4.39 million jury verdict from an Illinois maker of asbestos-related parts that he asserted gave him a terminal form of cancer. The plaintiff, a former worker at Norfolk Shipbuilding and Drydock Corp., was awarded $4 million in compensatory damages and $390,000 ...
Renown to add cancer radiation device
Renown Regional Medical Center will add a new machine for use in cancer treatment, specifically to reduce side effects for patients and to more successfully treat a greater number of cancers.
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The TomoTherapy Hi-Art System is to arrive at Renown in mid-November, with the first patient scheduled at the end of November, hospital spokesman Dan Davis said.
The system differs from traditional radiation therapy equipment by using a computed tomography (CT) scanner that provides true images of a patient's anatomy in real time.
Traditional radiation is delivered in a series of beams, said Dr. Eric Rost, medical director of radiation oncology at Renown, but TomoTherapy delivers radiation in a more precise spiraling, overlapping pattern to minimize radiation exposure to normal tissues.
"The machine will deliver a path of radiation around the patient avoiding all critical structures and only depositing to the tumor," he said. "It's very precise, and it has the ability to not only do acute precision, but it can do very complex shapes regardless of size."
Better treatment
Rost said before this technology, cancers, such as pancreatic, prostate and ovarian, could be treated with radiation but not very well.
Mesothelioma, a type of cancer in the lining of the lung, can only be treated with TomoTherapy. The system can be used on all solid tumors and is especially good at treating tumors in the brain and spinal cord.
Rost said that with TomoTherapy, patients can receive more radiation treatments than with traditional radiation. It also works better in conjunction with other types of cancer treatment, such as chemotherapy and surgery, because it can be done simultaneously rather than sequentially.
"The amount of side effects that (patients) have is greatly reduced," said Dr. Eric Rost, medical director of Radiation Oncology at Renown. "The number of things we can treat successfully is astounding. Not only are results better (and) faster, but you can do it without hurting patients."
Rost was among the first users of the TomoTherapy technology and has been using it since 2003. There are only about
200 of the machines in the United States and 300 worldwide. Renown will be the first hospital in Northern Nevada to have the machine, which cost just more than $3 million.
"We want to be able to provide programs and services, so people don't have to leave the community," said Don Butterfield, director of communications for Renown.
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The TomoTherapy Hi-Art System is to arrive at Renown in mid-November, with the first patient scheduled at the end of November, hospital spokesman Dan Davis said.
The system differs from traditional radiation therapy equipment by using a computed tomography (CT) scanner that provides true images of a patient's anatomy in real time.
Traditional radiation is delivered in a series of beams, said Dr. Eric Rost, medical director of radiation oncology at Renown, but TomoTherapy delivers radiation in a more precise spiraling, overlapping pattern to minimize radiation exposure to normal tissues.
"The machine will deliver a path of radiation around the patient avoiding all critical structures and only depositing to the tumor," he said. "It's very precise, and it has the ability to not only do acute precision, but it can do very complex shapes regardless of size."
Better treatment
Rost said before this technology, cancers, such as pancreatic, prostate and ovarian, could be treated with radiation but not very well.
Mesothelioma, a type of cancer in the lining of the lung, can only be treated with TomoTherapy. The system can be used on all solid tumors and is especially good at treating tumors in the brain and spinal cord.
Rost said that with TomoTherapy, patients can receive more radiation treatments than with traditional radiation. It also works better in conjunction with other types of cancer treatment, such as chemotherapy and surgery, because it can be done simultaneously rather than sequentially.
"The amount of side effects that (patients) have is greatly reduced," said Dr. Eric Rost, medical director of Radiation Oncology at Renown. "The number of things we can treat successfully is astounding. Not only are results better (and) faster, but you can do it without hurting patients."
Rost was among the first users of the TomoTherapy technology and has been using it since 2003. There are only about
200 of the machines in the United States and 300 worldwide. Renown will be the first hospital in Northern Nevada to have the machine, which cost just more than $3 million.
"We want to be able to provide programs and services, so people don't have to leave the community," said Don Butterfield, director of communications for Renown.
father of asbestos litigation Legends Scholarship honors
Four decades after the filing of the first modern asbestos lawsuit, Lamar University and the Beaumont Foundation of America have honored the man responsible for engineering the litigation.
A Southeast Texas Legends scholarship was created in honor of Orange attorney Ward Stephenson, who "is credited with inventing asbestos litigation."
The announcement was made Oct. 2 by Lamar President Jimmy Simmons at the University Reception Center of the Mary and John Gray Library.
The Southeast Texas Legends scholarships, each an endowment of $100,000, are made possible by a gift of from the Beaumont Foundation, a non-profit corporation "that grew out of the historic $2.1 billion settlement of a nationwide … defective computer class-action suit …," according to a LU press release.
The interest accumulated from the endowment will go towards aiding students in need of financial assistance.
During the announcement, Simmons said LU was "delighted" to add Stephenson's name to their Legends roster, calling the attorney "a crusader against corporations."
"He (Stephenson) has been called innovate, creative and ahead of his time … and is largely credited with inventing asbestos litigation," Simmons said.
In 1966, Stephenson filed his lawsuit in Southeast Texas on behalf of asbestos insulation worker Claude Tomplait -- subsequently spawning a multi-billion dollar industry.
The suit faulted 11 manufacturers, including Johns-Manville and Owens Corning, for inflicting his client with asbestosis, or chronic inflammation of the lungs.
Only 20 years after Stephenson filed his suit, asbestos litigation had expanded into a billion-dollar industry, according to the Manhattan Institute.
More than 200 companies had been sued, most notably, manufacturer Johns-Manville, which filed for bankruptcy protection in 1982 despite its ranking in the top 200 American companies by Fortune magazine in 1981.
Stephenson lost Tomplait's case on appeal, but, "undeterred" soon filed a second case on behalf of Clarence Borel, an asbestos insulation installer who had been diagnosed with mesothelioma, the press release states.
Stephenson won the initial case, Borel vs. Fiberboard, and the verdict was upheld by the Fifth Circuit Court of Appeals in 1973, "opening a floodgate of litigation because it (the decision) allowed employees to sue their employers for product liability," the press release states.
"Borel vs. Fiberboard is one of the most significant legal decisions of the millennium," Simmons said, adding that the Stephenson felt he had to expose the companies whom he thought were purposely concealing the dangers of asbestos.
A Southeast Texas Legends scholarship was created in honor of Orange attorney Ward Stephenson, who "is credited with inventing asbestos litigation."
The announcement was made Oct. 2 by Lamar President Jimmy Simmons at the University Reception Center of the Mary and John Gray Library.
The Southeast Texas Legends scholarships, each an endowment of $100,000, are made possible by a gift of from the Beaumont Foundation, a non-profit corporation "that grew out of the historic $2.1 billion settlement of a nationwide … defective computer class-action suit …," according to a LU press release.
The interest accumulated from the endowment will go towards aiding students in need of financial assistance.
During the announcement, Simmons said LU was "delighted" to add Stephenson's name to their Legends roster, calling the attorney "a crusader against corporations."
"He (Stephenson) has been called innovate, creative and ahead of his time … and is largely credited with inventing asbestos litigation," Simmons said.
In 1966, Stephenson filed his lawsuit in Southeast Texas on behalf of asbestos insulation worker Claude Tomplait -- subsequently spawning a multi-billion dollar industry.
The suit faulted 11 manufacturers, including Johns-Manville and Owens Corning, for inflicting his client with asbestosis, or chronic inflammation of the lungs.
Only 20 years after Stephenson filed his suit, asbestos litigation had expanded into a billion-dollar industry, according to the Manhattan Institute.
More than 200 companies had been sued, most notably, manufacturer Johns-Manville, which filed for bankruptcy protection in 1982 despite its ranking in the top 200 American companies by Fortune magazine in 1981.
Stephenson lost Tomplait's case on appeal, but, "undeterred" soon filed a second case on behalf of Clarence Borel, an asbestos insulation installer who had been diagnosed with mesothelioma, the press release states.
Stephenson won the initial case, Borel vs. Fiberboard, and the verdict was upheld by the Fifth Circuit Court of Appeals in 1973, "opening a floodgate of litigation because it (the decision) allowed employees to sue their employers for product liability," the press release states.
"Borel vs. Fiberboard is one of the most significant legal decisions of the millennium," Simmons said, adding that the Stephenson felt he had to expose the companies whom he thought were purposely concealing the dangers of asbestos.
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