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Lifelong Pilot and Asbestos Cancer Victim Gives Justice Back to the Community

April 9, 2013 by

When families come to us at Kazan Law, they are facing one of the most challenging times in their lives and we are always greatly honored to get to know and help them. It is extremely gratifying when we see them take the justice we’ve obtained on their behalf and give back to the community in ways that help other cancer victims.

In this video, Kazan Law partner Justin Bosl shares the story of our client, Timothy Vest, who was diagnosed with mesothelioma at the young age of 44. A pilot at heart, Mr. Vest had been hanging around hangars and airplanes long before he earned his pilot license at age 16 and went on to become a commercial airline pilot. Unfortunately, there was asbestos in the airplane parts and airplane hangar that he played in as a child and the exposure over the years increased his risk of developing cancer.

We were able to successfully resolve his case, which saved Mr. Vest and his family from the emotional toll of a trial. Thankfully, Mr. Vest was diagnosed at a very early stage and was able to be treated with surgery.  The tumor has been removed and the cancer has not recurred.

Mr. Vest has made a personal commitment to fight back by taking action to help others in need by forming the Timmy Challenge Foundation, whose mission is providing financial and emotional support to families affected by tragedy.

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Motivational Leader Loses Dreams to Mesothelioma

March 21, 2013 by

When leadership trainer James Hellam learned from his doctor that the mesothelioma diagnosis he was given in 2011 was a result of exposure to asbestos dust, he called on Kazan Law to bring justice to those who caused his deadly disease. A San Jose, California police officer for 13 years prior to becoming a global motivational speaker, Mr. Hellam’s exposure to asbestos occurred over five summers when he began working for his grandfather’s one man operation, Monterey Boiler Service, at the age of 15.

Before his diagnosis, Mr. Hellam was an extremely active and healthy 65 year old Hall of Fame softball player with a very active professional and personal life. He had planned to continue his leadership training for another decade, and to share his active leisure time with his grown sons, step daughters and the grandchildren he hoped to coach on the baseball field. Those plans, unfortunately, were all taken away from him when he became ill and was put on a journey in which he would endure one of the most difficult surgeries a human being could undergo.

Neither Mr. Hellam nor his grandfather were warned that the products purchased from Crane Co’s “Crane Supply” wholesale outlet in Salinas, California for the process of refurbishing boilers contained asbestos and were a health hazard. Yet our firm presented evidence showing that Crane Co corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill.

Unfortunately, this story is just one of many that our firm has been involved with for coming up on 40 years. It’s why we continue to fight hard for justice for our clients and for those who will receive a mesothelioma diagnosis in the future.

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Auto Industry Asbestos Victims Make Major Contributions to Find Cure for Mesothelioma

February 14, 2013 by

At age 66, Gordon Bankhead had 34 years of experience in the service and repair of heavy duty vehicles as a Parts Man, with most of his career spent at Sea-Land Shipping Company in Oakland, California. He regularly handled asbestos-containing brakes, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes. All of these activities caused him to breathe deadly asbestos dust. In January 2010, Gordon Bankhead was diagnosed with mesothelioma.

Kazan Law filed suit on behalf of Gordon and Emily Bankhead in March 2010. Trial began on October 25, 2010 and ultimately resulted in a $17.470,000 verdict for Mr. and Mrs. Bankhead. This video tells the story of the important decisions the Bankheads made to help others who suffer from mesothelioma. With contributions like the Bankheads and others, hopefully one day a cure can be found for the deadly disease.

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Asbestos Victim Shares His Mesothelioma Lawsuit Experience

August 8, 2012 by

Dr. Ron Gersten I have told hundreds of asbestos victims about the process of a mesothelioma lawsuit, yet nothing can prepare a client for the experience like the following excerpt. Thanks to Kazan Law client, Dr. Ron Gersten, for sharing his story in his book, Where the Mountain Takes Me, which he wrote with Gerry Mandel after his mesothelioma diagnosis in June of 2008.

The Courtyard by Marriott became the scene for a critical confrontation between the plaintiff Dr. Ron Gersten and a long list of defendants. The attorneys at Kazan Law sensed they had a strong case. They tried to cover every base, even bases that Ron was unaware of–his entire history, his grades in college, his affiliations and friends. Anything that might pertain to his condition, as remote as it might be, was examined inside and out.

Kazan’s team of investigators probed into every aspect of his case, from the companies responsible for the products and their lack of safety at the site, to the use of the asbestos in the products themselves. Thousands of pages of information were reviewed and potential witnesses contacted. The resources of this experienced law firm had been cranked into overdrive to move into the deposition quickly and effectively.

This phase of the hearings promised to put tremendous pressure on Ron. His sense of detail, his memory of events long past, his specific job functions, who, where and what the projects were, what kind of materials were used and who specified them—Kazan was a tremendous help.

Ron entered the room at the Marriott where fourteen attorneys were prepared to begin the deposition. Kazan Law partner Gordon Greenwood helped Ron to a chair. The process began after opening formalities. Ron’s lead attorney was a beautiful blonde woman with a perky attitude. More important, she was one hell of a lawyer. Her name was Andrea Huston and she ran the meeting with an iron fist.

The deposition lasted four days. Ron was in pain much of the time, and coughed frequently, a persistent attempt to clear his air passages. When he appeared to be tiring, Andrea halted the proceedings with a no-nonsense “Dr. Gersten is not in shape to continue. We will take a break.”

At the end of the four days, Ron went home and waited. He kept his cell phone near him throughout the day and night. They had sued fourteen entities. Gordon called occasionally to reassure him. Andrea kept him informed of where things stood. Ron’s wife, Martha, waited as breathlessly as Ron.

Andrea called one day not long after. “Good news, Ron. We’ve just settled one of the cases.” She told Ron a number and he almost dropped the phone. He had never seen that number before, not with a dollar sign attached to it anyway. Little by little, thirteen out of fourteen settled.

The size of the final awards ensured that all medical costs and living expenses for Ron and Martha would be taken care of.

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A Memorial Tribute to Mesothelioma Victim Eric Weston

June 19, 2012 by

Eric Weston

Eric Weston

What follows are excerpts from Eric Weston: Life, Art, and Passions, a memorial tribute to our client who lost his life to mesothelioma at the young age of 56. This final chapter was written by Betsy Sanders, a very close and longtime friend to Eric.

In July of 2008, Eric noticed he was becoming short of breath. He felt some pressure on his lungs and felt like there was fluid in his lungs. It took him until early August before he saw his doctor. At that time he had fluid removed from his chest cavity and felt great afterward.

Eric’s doctor, Dr. Andrew Ross, wanted him to see a specialist to find out what was causing the accumulation of fluid; so, he went into Alta Bates in early September for a biopsy. The next day, Steph Zlott was with Eric when his doctor came in to talk with him about what they had discovered. She said, “Well I wish I had good news for you but I don’t. You have mesothelioma.”

His doctor went on to say, “On the outside, if you don’t do anything, we’ll give you a year to a year and a half. You might have as much as five years if you decide to have treatment.”

Gwen went with Eric to see the UCSF oncologists who are known for their aggressive treatment of mesothelioma. He wanted a second opinion before he made any decisions. The diagnosis and treatment options were the same. Soon after the second diagnosis, Eric made the decision not to go through treatments or surgery for his mesothelioma. He did not want to be a “patient” for the rest of his life.

Eric had his ups and downs, but he seldom broke down. He did have some days of depression, but generally lived well in the time he had left.

Eric eventually decided to consult an attorney to determine if he had a viable lawsuit. Eric’s brother, Scott, had a friend who worked for the law firm of Kazan, McClain, Lyons, Greenwood & Harley and they agreed to take the case. They are considered the best law firm for any case relative to mesothelioma. Eric was very impressed with them.

Denise Abrams was one of the senior attorneys at Kazan, McClain, Lyons, Greenwood & Harley. When she met with Eric, she immediately felt a connection and came out of partial retirement to be the lead attorney for the lawsuit. Nearly twenty people from Kazan, McClain, Lyons, Greenwood & Harley worked on Eric’s lawsuit.

I Love You Still

I Love You Still

When Denise and a few others went to Eric’s home, they were amazed at what he had created in his home with his art. Seeing him in his own environment brought things even closer. Eric was so impressed with Denise that he left her a piece of art she had admired, a piece entitled “I Love You Still”.

It took about eight months before a few of the companies decided to settle. Once they settled, more followed suit, so Eric didn’t have to go to trial.

I was very fortunate to have met many of the people from Kazan, McClain, Lyons, Greenwood & Harley who helped Eric through this difficult lawsuit, which ultimately brought him the financial security to live out his final eight months. He bought himself a 2008 911 Porsche and I know he enjoyed the times he was able to drive around the Bay Area and to the beaches of Sonoma County.

February 27, 2010 was a sad day for all Eric’s friends and family. It was also a day of peace because we knew he had been released from the pain.

Look Homeward Anvil

Look Homeward Anvil

Denise Abrams recently wrote the following about this book. “Thanks for this lovely tribute to Eric. It was such an honor to represent him and his case will have a lasting impact for other workers with similar exposures. Eric was a true trailblazer and a quiet giant. We all miss him.”

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Mesothelioma Lawsuit Resolved for DIY Home Improvement Asbestos Exposure Victim

May 1, 2012 by

Rick Fenstermaker and his son Ross at a 2010 World Series game In 2011 the Fenstermaker family of Alameda, California received some news that changed their world. Husband and father Rick Fenstermaker was diagnosed with mesothelioma, an incurable cancer caused by breathing invisible, odorless asbestos dust.

Rick Fenstermaker earned his success through hard work and hands-on education. In the 1970s he bought fixer-uppers. He worked on the houses himself: he patched and repaired walls, installed new windows, fixed roofs, and made the homes desirable to tenants. Rick took care of all the property management and maintenance for the homes he rented to his tenants.

Rick and his wife Eve used this entrepreneurial experience to build a thriving realty and brokerage business. Rick and Eve were close supportive partners in both business and home. They raised three children together and enjoyed the successes their perseverance brought.

What they didn’t know is that some of the products Rick used in the 1970s contained asbestos.

Kazan Law’s investigation revealed that the asbestos products Rick used had the same brand of asbestos, called “Calidria.” Calidria was mined, milled, and marketed by the Union Carbide Corporation, a subsidiary of Dow Chemical Company.

Trial commenced on January 23, 2012. Firm principal Dianna Lyons and associate William Ruiz served as lead trial counsel with law and motion support from associate Michael Stewart. The case resolved to the parties’ mutual satisfaction after “mini-opening statements” and plaintiffs’ counsel’s first round of jury voir dire.

Rick fought through extensive surgery and chemotherapy with Eve always by his side. Sadly, Rick finally succumbed to his illness and passed away on April 9, 2012, at his home and surrounded by his family.

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A Pilot’s Plight from Aircraft to Asbestos Exposure

March 21, 2012 by

Timothy_Vest A highly skilled airline pilot for a major carrier, Timothy Vest received a terrifying shock in September 2009 when he was diagnosed with mesothelioma at the young age of 44. He and his wife Caroline have three young children together.

Mr. Vest’s love of flying began early, as did his exposure to asbestos. His father was a senior pilot and later an executive for World Airways. Young Tim often went with his father to the World Airways hanger at the Oakland Airport on the weekends so he could see the planes being repaired. The hangar, first opened in 1973, was one of the largest in the country at the time. Tim visited the hangar twice during its construction and was exposed to the asbestos-containing fireproofing being sprayed. During subsequent trips to the hangar after it opened, Mr. Vest breathed asbestos dust from the fireproofing in the hangar, from asbestos parts and expoxy on the planes, and from the asbestos drywall products used in the office spaces. Neither Vest knew they were being exposed to this invisible toxin.

Tim Vest got his pilot’s license when he turned 16. He flew for Emery Worldwide throughout the 1990s, during which he was awarded the Civilian Air Medal by President George H.W. Bush for his work supporting Operation Desert Storm. Tim also flew relief missions to Chernobyl and Darfur. In 2001, Tim began flying for JetBlue.

Three months after his mesothelioma diagnosis, Kazan Law filed suit on behalf of Mr. and Mrs. Vest against the manufacturers of the asbestos products he was exposed to, as well as the property owner, tenant, and contractors at the hangar. [Timothy and Caroline Vest v. Allied Packing & Supply, Inc., et al. (2012) Alameda County Superior Court Case No. RG09489518]

Kazan Law was able to defeat the defendants’ two attempts to remove the case to Federal Court in Philadelphia. The trial began on February 27, 2012 against Dowman Products, Inc., which manufactured the joint compound used to build and remodel the office spaces at the hangar. The case resolved the following week during jury selection.

The good news for Mr. Vest is that his mesothelioma was caught very early. After surgery and chemotherapy, his prognosis is much better than most patients. He is spending as much time as possible with his family and staying as healthy as he can.

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A Soldier’s Story of the Hazards of Asbestos-Containing Brakes and Clutches

February 1, 2012 by
Bud Stillman

Bud Stillman (right)

“I will live till I die and then I will be dead for a hell of a long time.”

–Retired U.S. Army soldier Haskell “Bud” Stillman in his memoirs, He Bleeds Olive Drab

Bud Stillman, 82, spent 20 years as a decorated soldier. During his first tour of duty in the U.S. Army, he served in Japan where he met his future wife, Kay. In order to return to Japan to find her, he re-enlisted to serve in Korea during the Korean War. He went on to marry Kay and continue his service to our country. He later served in the Vietnam War and was awarded the Bronze Star.

Bud and Shizue Stillman

Bud and Shizue Stillman

Exposure to asbestos-containing brakes and clutches
While in the Army, Mr. Stillman oversaw and performed maintenance on hundreds of vehicles which had asbestos-containing brakes and clutches. After retiring as a Chief Warrant Officer, he became a mechanic and then maintenance supervisor for several fleets of heavy duty rental trucks. He regularly breathed dust from the asbestos brakes and clutches on these trucks.

Mesothelioma diagnosis
Mr. Stillman was diagnosed with mesothelioma in July 2010. Kazan Law filed suit on his behalf in August 2010 against the manufacturers and suppliers of the asbestos products he used in his work. [Haskell “Bud” Stillman and Shizue “Kay” Stillman v. Eaton Corporation, et al. (2011) Alameda County Superior Court Case No. RG10528222]

He began trial against several defendants in July 2011, but by opening statements only Eaton Corporation remained. Eaton manufactured many of the heavy duty brakes Mr. Stillman used and encountered during his career.

Manufacturers were aware of asbestos hazards
The evidence at trial showed that Eaton received information about the hazards of asbestos from the manufacturers of the brake linings it used in making the brake systems it supplied, but never passed those warnings on to end users like Mr. Stillman.

Mr. Stillman resolved his case with Eaton during jury deliberations in October 2011.

He enjoys spending time with his wife of many years, Kay, and his children, Mike and Grace, and his grandchildren, although he is no longer able to go on his weekly fishing trips. He looks forward to welcoming his first great-grandchild in May 2012.

Bud and Shizue Stillman

Bud and Shizue Stillman

Mr. Stillman sums it up in the closing pages of his book–

“My life-long partner, my friend, my lover and wife and I, head down the down-hill side of our journey arm-in-arm. Each time I look at her, the one thing that comes to mind is the words of this song: The only dream that matters has come true. In this life, I was loved by you.”

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