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9/11 Clean-up Workers Exposed to Asbestos Contamination Fear Losing Health Benefits

asbestos exposureThe dangers of asbestos contamination were well-documented long before terrorists struck on Sept. 11, 2001.

But immediately afterward, a number of federal and state safeguards for cleaning up hazardous materials were waived because of the state of emergency, according to a new article just published in the suburban New York newspaper Newsday.

After the Twin Towers fell, more than 2,300 clean-up workers were called in to remove debris including the toxic dust blown into surrounding buildings. Many now have developed health problems. Interviews with almost 2,000 out of the 2,332 known Ground Zero asbestos workers have revealed that hundreds weren’t properly equipped.

During that chaotic time, under pressure to work swiftly, safety shortcuts were taken exposing workers to asbestos contamination, the article states.

“People initially were using asbestos masks, but they got clogged so fast,” one worker told a reporter.

Former workers further told Newsday that they were assured it was safe to remove their masks. They ate food donated by local restaurants unaware of settling dust causing asbestos contamination to their meals.  They also changed into their street clothes unaware that they were also contaminated.

Unlike emergency responders, some clean-up crews spent years working in the area and the longer exposure intensified the asbestos contamination health risks.

And while Ground Zero asbestos-removal crews are now at risk of developing mesothelioma and other cancers, there’s no guarantee they’ll have their future medical bills covered.

Mesothelioma, usually diagnosed decades after asbestos contamination, could emerge long after the free, federally funded World Trade Center health program runs out of money in 2016.

Two years ago, the September 11 Victim Compensation Fund was reactivated to help cover economic losses and out-of-pocket medical expenses incurred by workers, survivors and victims’ relatives. But that fund must pay out all of nearly $2.8 billion by 2017, officials said. After then, it’s uncertain whether Congress will renew funding for either program.

The U.S. Occupational Safety and Health Administration, the lead agency overseeing worker safety at Ground Zero, denies that asbestos workers were ignored.

“OSHA disputes any characterization that it neglected any group of workers, including non-English-speaking workers, during 9/11 recovery operations or at any other time,” Edmund Fitzgerald, an OSHA spokesman, said in a statement.

We at Kazan Law salute these loyal patriotic workers who were put in harm’s way to do work so crucial to the nation’s recovery from that horrific day.  The least we as a country can do is to make sure they have continued medical monitoring for asbestos and other work-related disease for the rest of their lives, and that provision be made to further compensate those who are unfortunate enough to develop disabling or fatal diseases, no matter how long from now that might occur.

Kazan Law Gives Back Through the Chronicle Season of Sharing Fund

Season of SharingAt Kazan Law we believe in giving back. In fact, our firm has its own foundation set up for that purpose. Over the last 20 years we have given over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research. This is one way we are giving back to the community of mesothelioma patients and families whose rights we fight for as asbestos litigation attorneys.

But we also believe in giving back to the community our law practice calls home as well as communities all across the US by supporting programs that help provide relief to the poor, distressed or under-privileged everywhere.

At this special time of year as we gather together in our homes to give thanks for our blessings, we at Kazan Law are especially touched by the poignant needs of those who struggle daily with securing for themselves and their families that basic of all human comforts – a home.

A home is an important cornerstone to a person’s wellbeing every day of the year but home takes on special significance at the holiday season. That is why to honor the holiday season we are giving back by donating $20,000 to a special organization called the Chronicle Season of Sharing Fund.

The Chronicle Season of Sharing Fund provides temporary assistance to help people living in Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties. Over the last 27 years, the Chronicle Season of Sharing Fund has distributed more than $91 million to help individuals and families in need. Please take a moment and read some of the heartwarming stories about how people have been helped.

It is important to understand that vulnerable individuals and families may be facing loss of their home simply because of the changes rapidly occurring around us here in the Bay Area.

“As the center of the technology industry has moved north from Silicon Valley and the money from tech companies has flowed into the city, income disparities have widened sharply, housing prices have soared and orange construction cranes dot the skyline,” the New York Times reported about our region just this week. “More and more longtime residents are being forced out as landlords and speculators race to capitalize on the money stream.”

While the tech boom has enriched our region in many ways, it has also exacerbated the threat of homelessness for those all ready coping with life challenges. We are proud to support the Season of Sharing Fund campaign.

Asbestos Activist Laurie Kazan-Allen Receives England’s Robert Tressell Award

Laurie Kazan-AllenHelping those exposed to asbestos achieve justice is what we do at Kazan Law. I take great pride in having founded this firm and in our victories in this area.  But I also take great pride in personally introducing a leading asbestos activist to the struggle against asbestos exposure which set her on a path to help protect people around the world from its fatal consequences. She happens to be my sister Laurie Kazan-Allen.

Lest you think that it is only familial pride that prompts me to talk about my sister, I am pleased to tell you that she has just received the United Kingdom’s Construction Safety Campaign’s distinguished Robert Tressell award for her work as an asbestos activist.

The Robert Tressell Award is given to an individual who has provided outstanding service and commitment to workers in the UK by campaigning for safe working environments and assisting those who have been harmed or are suffering from occupation-related diseases.

According to official sources, Laurie received her award for “her global campaign against asbestos, her editorship of the British Asbestos Newsletter and her galvanizing of campaigners globally to one day deliver an asbestos-free world for the future generations of mankind.” “I am,” she said “honored by this recognition from construction workers, a group with one of the highest rates of asbestos-related disease. The CSC and its members are fully aware of the ongoing risks posed by occupational asbestos exposure and have played a frontline role in the campaign for asbestos justice in the UK and abroad.”

In addition to publishing the British Asbestos Newsletter, a periodical widely acknowledged as the authoritative resource for the UK campaign for asbestos justice, Laurie has been involved as an asbestos activist for over 20 years on global anti-asbestos initiatives.

She leads The International Ban Asbestos Secretariat (IBAS), which helps coordinate international asbestos conferences and is actively involved in UK and international asbestos issues. The IBAS website reports on current asbestos developments as well as on IBAS initiatives and events. Laurie has also published several books and monographs on asbestos topics.

“It was a complete surprise,” Laurie said in an email telling me about her award, “But nevertheless, it is wonderful to be recognized by the trade unionists for the work I have done.”

Asbestos Activist is First Recipient of New International Award

Katheleen Ruff CR Award 2013

Dr. Barry Castleman with Kathleen Ruff

An asbestos activist has been chosen for the first ever activist award given by an international science group dedicated to helping to solve global occupational and environmental health problems.

The activist is Kathleen Ruff, a Canadian long-time asbestos industry critic and board member of Canada’s Rideau Institute, a non-profit public policy research organization.  Kathleen received the Canadian Public Health Association’s National Public Health Hero Award in 2011 for her advocacy to end Canada’s export of asbestos.

She has written extensively about Canada’s asbestos industry for GBAN, the e-newsletter of the Global Ban Asbestos Network. She also founded and coordinates a human rights news website called Right On Canada.  Her article “Exposé of the International Chrysotile Association” appeared in both publications.

“It is time for the immunity – enjoyed by the asbestos industry and its lobby groups for so many decades – to end,” she said.

We cited Kathleen’s high caliber investigative reporting recently when we told you here about an academic scientist accused of colluding with the asbestos industry to downplay health risks.

The controversy centered on the accuracy of the conclusions of research on asbestos miners by McGill University’s Prof. J.C. McDonald.  “Prof. McDonald’s research was reportedly financed with one million dollars by the Quebec Asbestos Mining Association (QAMA).” Kathleen boldly revealed.

Now at its annual meeting on October 25-26, the Collegium Ramazzini presented their first activist award to Kathleen for her relentless work in the global asbestos struggle.  American asbestos expert   Dr. Barry Castleman  gave the introductory remarks.

We at Kazan Law are pleased that an asbestos activist was the Collegium’s top priority for this new award and agree that Kathleen is a worthy recipient.  Her efforts in exposing both the dangers of asbestos and the corruption surrounding its continued permitted use both are in line with the Collegium’s mission.

The Collegium Ramazzini, headquartered in Italy, assesses present and future risks of injury and disease attributable to the workplace and the environment. It focuses especially on the identification of preventable risk factors.  Asbestos exposure certainly fits that bill.

Kazan Law Makes U.S. Chamber of Commerce List for Top Plaintiff Asbestos Law Firms

kazan_satterley_bosl

From left, Steven Kazan, Joseph Satterley, Justin Bosl

I am delighted to tell you that our mesothelioma law firm just made the list of Top Plaintiffs’ Firms for Asbestos Litigation in a new list just published by the US Chamber of Commerce.   Only 15 law firms made the list out of the hundreds of firms across the country advertising themselves as asbestos attorneys.

Receiving a spot on this list is a double distinction because the U.S. Chamber of Commerce, headquartered in Washington D.C., traditionally sides with the defendants, the companies who are allegedly responsible for asbestos exposure and lobbies on their behalf. It has an adversarial relationship at best with firms who represent those suing for damages from asbestos-related illness.

So to be chosen as a worthy opponent by the U.S. Chamber is quite an honor.  And it’s an honor we’ve more than earned. Kazan Law has played a significant role in asbestos litigation for nearly four decades.

Kazan Law consistently makes lists for top US law firms including the prestigious Super Lawyers and the US News & World Report’s Best Lawyers list.  The U.S. Chamber’s list was published on October 13 by the U.S. Chamber Institute for Legal Reform.

I was personally named in the U.S. Chamber’s list of top asbestos litigators. In addition, two other Kazan Law partners are noted in the Chamber’s listing.  They are Joseph Satterley and Justin Bosl.  Satterley is a leading asbestos attorney whose own grandfather suffered from asbestosis, a potentially deadly disease caused by asbestos exposure.  Bosl became a partner at Kazan Law in January 2013. He first joined the firm as a law clerk in 2004 and accepted an associate position in 2006. He was named to the Top 40 Under 40 list by The National Trial Lawyers in 2012 and 2013.

I founded Kazan Law in 1974 and since then our firm has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma.  Our attorneys include pioneers in asbestos litigation and are among the most experienced mesothelioma lawyers in California.

But the fact that the top attorneys named for Kazan represent different age and experience level is a clear indication that Kazan Law is well positioned to be a top asbestos litigation firm for years to come.

“Safe” Cigarette Filters Found to Have Contained Deadly Asbestos Fibers

asbestos fibers cigarettesMost mesothelioma victims unknowingly inhaled deadly asbestos fibers into their lungs on their jobs, typically through materials used for building construction or auto parts.  Another large group of mesothelioma victims are family members who breathed in those asbestos fibers from clothing and other asbestos dust-covered items those who worked with asbestos brought into the home.

Now a new group of mesothelioma victims has emerged – people who smoked Kent cigarettes during the 1950s. Mesothelioma, a lethal lung disease, typically takes decades to produce symptoms signifying its malignant presence.

Kent cigarettes, produced by Lorillard Tobacco, had filters packed with deadly asbestos fibers. This was a selling point for the cigarettes touted as a safer alternative to other cigarettes by the company, according to a new article by FairWarning.org, a Los Angeles-based nonprofit investigative news organization focused on public health and safety issues, and published in the consumer advocate magazine Mother Jones.

“It’s hard to think of anything more reckless than adding a deadly carcinogen to a product that already causes cancer—and then bragging about the health benefits. Yet that’s precisely what Lorillard Tobacco did 60 years ago when it introduced Kent cigarettes, whose patented ‘Micronite” filter contained a particularly virulent form of asbestos,” the article states.

Lorillard allegedly added the filters to the cigarettes as a marketing gimmick, according to the article, to  relieve consumers’ fears of the harmful effects of tobacco and nicotine and keep them from quitting.  The harmful effects of smoking had just started to become public knowledge at that time.

The health benefits of the asbestos filter would prove false, but it  avoided the potential loss of millions of customers, according to the article.

Although it was already known that asbestos caused lung disease in miners and plant workers, the cigarette company reportedly banked on the reputation of asbestos as an effective filter material. It contracted with Hollingsworth & Vose to supply asbestos for the cigarette filter it called Micronite.

“What is ‘Micronite’?” one of its ads asked. “It’s a pure, dust-free, completely harmless material that is so safe, so effective, it actually is used to help filter the air in operating rooms of leading hospitals.”

Now six decades later, both companies face numerous lawsuits from former workers in its factories as well as former smokers who say they inhaled the asbestos fibers when they smoked. The company denies that enough asbestos fibers escaped from the filter to cause mesothelioma in smokers. But last month a Florida jury awarded $3.5 million in damages to a former Kent smoker with mesothelioma. In addition, Lorillard, based in Greensboro, NC, settled 90 cases in the last two years and has 60 more cases pending, according to its filings with the Securities and Exchange Commission.

If you’re a former Kent smoker with mesothelioma, please keep in mind that Kazan Law has a particular expertise in handling these types of cases and can handle them nationwide.

Court Tells Asbestos Defendant ArvinMeritor that it Cannot Waste The Court’s or Plaintiff’s Time

judge's decisionAutomobile and commercial truck components manufacturer ArvinMeritor seems to believe that it should not be held accountable for its actions. Fortunately, the justice system believes otherwise.  As I previously reported, an Alameda County jury found ArvinMeritor liable for punitive damages for its wrongful conduct in exposing workers to asbestos. As it upheld the punitive damages award, the appellate court noted that the evidence was clear —“ArvinMeritor’s conduct continued over many years, and evinced an indifference to or reckless disregard of the health and safety of [workers] and those similarly situated.”

More recently, ArvinMeritor intentionally ignored a court’s order and filed a frivolous motion, without legal or factual support, in an attempt to burden two plaintiffs as they sought justice through the legal system. A steadfast local judge, the Honorable Jo-Lynne Q. Lee, denied ArvinMeritor’s motion and fined ArvinMeritor’s counsel, national defense law firm Hawkins Parnell Thackston & Young LLP, for advancing a meritless position.

ArvinMeritor’s request would have increased the financial and time burden on the plaintiffs and their counsel. ArvinMeritor also represented to Judge Lee that its position was justified by the facts of the case and the law.  Neither was true, and Judge Lee quickly and appropriately responded.  She concluded that “ArvinMeritor’s position was not substantially justified” and ordered Hawkins Parnell to pay the plaintiffs monetary sanctions for their time opposing the motion.

Even though Hawkins Parnell knew it was clearly wrong, ArvinMeritor’s counsel disregarded the law and moved forward with the motion, wasting the Court’s and the plaintiff’s time.  The Court is applauded for reminding corporate defendants and their counsel that such actions will not go unpunished

Meet Ted Pelletier, Kazan Law’s Lead Appellate and Motions Attorney

Ted W PelletierKazan Law is proud to introduce you to Ted Pelletier, the new head of our firm’s appellate and motions department. We are very pleased to bring Ted in-house to exclusively work for you, our clients, after 17 years of observing his excellent appeals work on behalf of injured consumers, especially asbestos victims.

Ted has handled dozens of appeals in the California Courts of Appeal and the California Supreme Court. One of his proudest accomplishments is successfully representing the first Californians to sue cigarette manufacturers, including two smokers who contracted asbestos disease from smoking 1950s Kent cigarettes that contained an asbestos filter. You can read his full bio here.

Right now, we’ll just informally talk to Ted about his work.

Why did you choose to go into law practice?

My mother was an assistant district attorney in Los Angeles. She brought home stories of people whose lives had been devastated by circumstances they had not brought on themselves. The fact that my mom helped them made me feel good about what she was doing. I saw the legal profession as a way to help people who might otherwise be helpless.

How did you become interested in working with asbestos and mesothelioma cases?

I worked in a big law firm for a year in between graduating from UC Santa Barbara and going to law school at Hastings. This firm fought against the rights of injured consumers, and I realized that I couldn’t do that. I wanted to be on the side of the consumer.

After law school, I was fortunate to work for an excellent appellate lawyer practicing on the plaintiffs’ side. The first cases I worked on involved asbestos appeals. I learned through that process about the disease and what it did to people. It felt great to help them.

Why did you decide to work for Kazan Law?

I knew from 17 years in this field that Kazan Law is the best. I always admired their high quality work. I had received overtures before from firms and it had never felt like a good fit — but this one did.

How does your work at Kazan Law help mesothelioma victims?

Money doesn’t replace a person, but it can help a family pay medical bills and compensate for the breadwinner being gone.

We also help give people a sense of justice. Yes, this was done to you but we are making it so that the people who did this are held accountable.

At Kazan, we are also helping to shape the law in this area of fighting for rights of victims, so that the laws provide justice for asbestos victims and applies to everyone, no matter who is representing them.

What do you like about your work?

I know I am fighting battles for people suddenly thrust into the worst battle of their lives.

Imagine that you or someone in your family worked for years installing insulation.  Now suddenly you can’t breathe.  What do you do?

At Kazan Law, we pool our talents and resources and provide these people with help that they otherwise could not get. We battle for them with people who aren’t willing to stand up and be accountable for what they did but are willing to throw money around to defend themselves even if they sometimes have to manipulate science, facts, or truth to do it.  It feels great to fight for these people to get them a sense of justice.

 

Leading Asbestos Scientist Denies Helping Georgia-Pacific Fight Asbestos Claims

asbestos industry fraudBecause the link between malignant mesothelioma and asbestos exposure is so definitive, you would think that by now no scientist would try to prove otherwise. Especially with the loss of life, pain and suffering that malignant mesothelioma causes.

But alas, you’d be thinking incorrectly.

The bigger question to ponder here is can science – and more specifically scientists – be bought?  Can the lure of money influence their research results?  Would a scientist knowingly or unknowingly come up with conclusions that would enhance the bottom line of the business paying for the research?

According to detailed online reports in Hazards, a UK occupational health and safety magazine and the US scientific journal Nature, a leading toxicologist’s work on asbestos is suspected by US courts in California and New York of aiding fraud.

But the toxicologist, Ken Donaldson, an emeritus professor at the University of Edinburgh, UK, claims he contributed to academic studies on the effects of asbestos in good faith and was “naïve” not to disclose his separate paid consulting for the company involved, Georgia-Pacific, an Atlanta-based multinational and subsidiary of Koch Industries.

He also declares that he did not know at the time that the research was done under the direction of lawyers for Georgia-Pacific, who planned to use the results to fight asbestos claims.

New York’s Supreme Court Appellate Division in June ordered Georgia-Pacific to turn over the raw data and internal communications related to research that, judges said, were “intended to cast doubt on the capability of chrysotile [white] asbestos to cause cancer”.  The substance is a component in Georgia Pacific’s joint compound used in construction projects.

Donaldson, who was a co-author on some of the research, has been criticized by other environmental health researchers, both for failing to declare his interests on the papers, and later for claiming that he had no links or funding connections to asbestos manufacturers. Some are calling for Edinburgh University to sever ties with Donaldson, a previously well-regarded world expert on lung diseases caused by inhaled particles of various types.

Georgia-Pacific allegedly funded the research in an attempt to prove that many asbestos-exposed cancer sufferers could go uncompensated because they were exposed to the wrong kind of “shorter” chrysotile fibers, were not exposed at high enough levels or, if exposed at a high level, not exposed long enough. Global exports of chrysotile increased by 20 per cent in 2012.

Laurie Kazan Allen of the London-based International Ban Asbestos Secretariat (IBAS) – my sister – told Hazards: “The lack of transparency is what is appalling on this. Donaldson, like many of his co-authors, clearly had an undeclared relationship with Georgia-Pacific. Professor Donaldson says the conclusions of the papers are ‘indisputable’, conclusions the court determined could be part of a Georgia-Pacific bid to deny the asbestos cancer link.”

Why Kazan Law’s Foundation Supports Legal Services For Prisoners With Children

Learn how former prisoners are denied jobs, housing, student loans, child custody and the right to vote

What if you had served time in prison but because of your record, you were unable to get a job or find a place to live? How could you possibly become a productive member of society when every door slammed in your face?  How would you make money to feed and clothe your children?

Or what if you were a victim of domestic abuse who was locked up in prison for trying to defend yourself and your children against harm?  And now because of your unjust imprisonment your children were without the one parent they could love and trust?

Decades of advocating for workers and their families who are coping with asbestos-caused malignant mesothelioma has had a profound effect on all of us here at Kazan Law.  It has made us all more keenly aware of institutionalized injustices of many kinds including those I mentioned above.

As attorneys who specialize in asbestos cases, we can’t jump into a different legal area to professionally help people facing these situations. What we can do is offer support through our firm’s foundation to an organization that is committed to improving the odds for incarcerated Americans and their families.

Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation is proud to be a supporter of Legal Services for Prisoners With Children (LSPC).  LSPC provides legal support, trainings, advocacy, public education, and community building to reunify families and communities impacted by the criminal justice system.

Here are some of LSPC’s key projects:

  • The Family Unity Project strives to help keep families connected when a family member is in prison
  • All of Us or None provides support for formerly incarcerated people and their families and seeks to end discrimination against people with conviction histories (see video above)
  • California Habeas Project seeks to free from prison survivors of domestic violence who are in prison for crimes related to their abuse.

To help LSPC fund these and other important projects and to celebrate this organization’s longevity, our foundation became a major sponsor for LSPC’s fundraising 35th anniversary celebration.  The gala event “Rooted Together, Rising as One” takes place on October 19th in San Francisco.  It promises to be a great evening for a great cause.

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