National Mesothelioma Day stirs reflections on Weitz & Luxenberg courtroom victories

Of the many ways one might conceivably observe Mesothelioma Awareness Day 2011, the Weitz & Luxenberg approach will include reflection on the many courtroom victories our firm of personal injury lawyers has secured on behalf of mesothelioma victims.

These successes against defendant companies that manufactured, distributed and utilized asbestos or materials containing it long precede the arrival of the first National Mesothelioma Day in 2009.

However, prominent among our most significant recent wins was a $22-million verdict against two defendants, the Goodyear Tire and Rubber Co. and Goodyear Canada. Heard in New York State Supreme Court over a span of five weeks, the jury returned a verdict on behalf of our clients – Eugene “Mac” McCarthy and Walter Koczur.

As first-time observers of Mesothelioma Awareness Day likely will learn on Sept. 26 (if not sooner), mesothelioma is a relatively rare form of cancer that often strikes following exposure to asbestos. Mr. Koczur became exposed to it while working as a steamfitter between 1969 and 1973 at a number of Buffalo, N.Y.,-area job sites, including Republic Steel and Ashland Oil. Gaskets made by Goodyear proved to be the source of the asbestos.

Mr. McCarthy was likewise exposed to Goodyear asbestos-containing gaskets in the course of his own job as a heavy equipment engine-mechanic in the late 1960s and early 1970s.

Both men years later became sick and eventually died. The jury found both defendants partially responsible.

As a result, the Koczur family received $11.6 million to compensate them for their pain and suffering at having to endure Mr. Koczur’s agonizing demise. Further, Mr. Koczur’s widow was awarded $1.9 million for the loss of consortium she suffered as a result of her husband’s death, which occurred in 1998.

In the matter of Mr. McCarthy, Goodyear Tire and Rubber and Goodyear Canada were again each held partially responsible. The McCarthy family was awarded $8.5 million in pain and suffering damages.

Prestigious New York Law Firm Can Help Veterans with Mesothelioma

Mesothelioma is a dangerous, lethal cancer that is being faced by many of our war veterans. Asbestos was ubiquitous on army bases, ships and planes, especially during World War II. I think this firm is great if you want to file a claim for mesothelioma.

This Is A Must Read

Here is an article that I found about Navy veterans and asbestos. It's sort of like an advice column because there's a reader who is sending a question, and a author who gives the reader some options for a solution.

In this column, the reader finds that their father is diagnosed with Mesothelioma. With distraught, they started doing research about the disease and what might have caused it, with asbestos as the prime suspect. With further research, they also find that veterans are unable to sue the Federal Government for the use of asbestos.

The author then goes ahead and gives the reader some other options, like suing the companies who manufactured and sold the asbestos. They also gave a little background of the topic.

It's a really great article; please give it a look.

Asbestos Was Valued in the Military

If the dangers of asbestos have been known about for so many years, then why was it ubiquitous in military products and equipment?

Efficient performance and productivity was of great importance to the Army, the Marines, the Air Force and the Navy. This was especially the case when two of the world’s most infamous wars were taking place: World War II and The Vietnam War.  In order to meet performance demands, it was necessary to have access to a special material that could withstand immense heat and be used for multiple purposes.

Asbestos was perhaps the only material available that could meet these standards. Unfortunately, versatility aside, it was highly toxic, a fact that wasn’t given much consideration.

Asbestos was used in the construction of the following:

Airplanes: Asbestos was used around the engines, fuel tanks and lighting sockets among other plane parts.

Marine Vessels: From battleships to submarines, cruisers to destroyers, asbestos was everywhere. Some veterans who are currently living with mesothelioma, asbestos lung cancer and asbestosis have shared stories about how asbestos covered pipes and boilers that were in or around where they slept would easily flake, sending bits of asbestos into the air.

Military Bases: Even military personnel who weren’t serving on military ships or vessels, asbestos exposure was more or less a guarantee. The carcinogen was found in duct work, water pipes, ceiling and floor tiles, dining areas and even sleeping quarters.

Did you know that Navy personnel risked asbestos exposure?

The vessels utilized by the US Navy served a variety of important purposes during some the world’s most historic wars such as World War I, World War II and the Vietnam War. 

Some models, such as battleships and destroyers, actively participated in battle, others served as maritime hospitals tending to wounded and dying sailors.

Unfortunately, the sailors on board the ships as well as those who participated in their construction faced an enemy that could not be defeated by missiles and torpedoes: asbestos.

In the interest of efficient performance during periods of war, the Navy was hesitant to seriously address the hazards. Asbestos was valued for its corrosion and fire proof properties and was ubiquitous in virtually every area of the naval ships, from the sleeping quarters, to the engine rooms, to the mess halls.

Asbestos was also included in and around temperature sensitive areas such as engine and boiler rooms, and was used in the production of gaskets, deck covers, adhesives, felts and meters, among other gadgets and devices.  For a sailor who spent any period on board a navy ship, his exposure to asbestos was inevitable.

Learn your legal rights here.

Veterans Face Worst Adversary Yet: Asbestos

Veterans of the United States armed forces, especially those who served during World War II, faced unbelievable adversity and risked their lives on a daily basis to protect their country. Unfortunately, it would be many years after their service concluded before they would be forced to face their most lethal adversary yet: asbestos.

The dangers of asbestos exposure have been known about in the United States since the Industrial Revolution arrived on our shores from England in the 1800s. Unfortunately, it wasn’t until the 1970s that certain government organizations such as the Environmental Protection Agency (EPA) began to implement regulations regarding asbestos use.  Whether on military bases or military vessels (such as airplanes and ships) asbestos was ubiquitous and virtually inescapable.

What is perhaps most tragic of all is that many of the young servicemen (and some women) who were exposed to asbestos likely didn’t realize the health problems they would face many years later. When they inhaled asbestos, the fibers embedded themselves in their lung tissue and over a period of many years, caused the tissues to scar. Many veterans complained of difficulty breathing, which impeded their ability to partake in many activities.

Three common asbestos diseases are: mesothelioma, asbestos lung cancer and asbestosis. The first is almost always fatal and all three are incurable.

If you are a veteran and you were exposed to asbestos learn more about your legal rights.

Homeless Veterans

More than 10,000 Iraq and Afghanistan veterans are homeless or in programs aiming to keep them off the streets; since 2006, that number has doubled.

A reason why some of these veterans are homeless is the high costs of medical bills from post traumatic depression and stress, and physical injuries. While serving in Afghanistan or Iraq, soldiers could be exposed to asbestos from the houses where they were based in. Asbestos is used frequently in those areas because of the price and the properties.

Marines Exposed to Asbestos

Although it was possible for other members of the armed forces to be exposed to asbestos, those who served in the Navy and the Marines suffered some of the worst exposure. This is because the warships and other marine vessels utilized by both the Navy and the Marines were inundated from top to bottom with asbestos. 

Asbestos was valued because of its fire resistant properties. It was used in the boiler rooms, sleeping quarters, and even the mess halls, meaning that it was virtually inescapable. A significant amount of those currently suffering from mesothelioma, asbestos lung cancer and asbestosis served in the armed forces. Asbestos has a latency period of 20 years or more, which means that the symptoms of the asbestos diseases aren’t immediately apparent.

Ships and military bases built before the 1980s, where asbestos was used, are currently in service. Even today Marines and Navy personnel still face risks of asbestos exposure. Fortunately, older ships are being replaced and safety precautions are being put into place in order to protect current and future generations of military men and women. 

Asbestos in Aircrafts

During World War II, asbestos was used in the construction of most army supplies, such as barracks, naval vessels, and aircrafts. Asbestos was very popular because it was cheap and effective. It was a quick way of insulating aircraft engines.

One job on the aircraft that had a high exposure to asbestos was “Hot Papa.” The Hot Papa would be dressed in a suit of asbestos; therefore he was also known as the “asbestos man.” His only job was if the plane was on fire and about to crash, he would bring the pilot to safety. 

The following are places on aircrafts that were known to contain asbestos:

·                     Brakes

·                     Cockpit heater system

·                     Heat shields for engines

·                     Torque valves

·                     Gaskets

·                     Electrical wires insulation

·                     Insulation in the cargo bays of cargo planes

Mesothelioma Symptoms

Mesothelioma is a deadly disease so it is important to identity it as soon as possible. The long latency period of mesothelioma makes it more difficult to cure, because by the time it is diagnosed it has already spread throughout the body. There are three types of mesothelioma: the most common form is pleural mesothelioma that makes 75% of all cases. The following are the symptoms of pleural mesothelioma:

·         pleural effusions

·         shortness of breath

·         trouble breathing

·         coughing blood

·         unexplained weight loss

·         fever

·         difficulty swallowing

·         muscle weakness

·         dry cough

·         sweating

·         chest pain

Most of the symptoms are common symptoms for most respiratory diseases, making it even harder to diagnose mesothelioma.

The follow graph shows what symptoms are most relevant to pleural mesothelioma:

US Naval Veterans, highest rate of developing mesothelioma

Out of all US veterans, naval veterans have the highest exposure rate of asbestos. They served on vessels that were constructed with asbestos in every part. Asbestos was present in the walls, floors, and around boilers. Asbestos was used heavily in the construction because of its fire resistant properties.

According to Weitz & Luxenberg, "Medical studies have shown that of workers with at least 20 years of naval shipyard experience, 86% have developed an asbestos-related disease. At least one-third of all mesothelioma cases today trace their origins to shipyard work."

The following picture shows the risks of asbestos exposure on a Naval Vessel

As you can see, no part of the ship was safe from asbestos.

US veterans alone make up 30% of mesothelioma patients.

This video shows how asbestos causes mesothelioma

Honoring veterans with mesothelioma on Coast Guard Day

The U.S. Coast Guard was founded on August 4, 1790. (Photo from Robin Storm's blog)

The United States Coast Guard was founded in 1790 to enforce tax laws, but over two centuries, it has grown into the only branch of the military that "protects the maritime economy and the environment, defends our maritime borders, and saves those in peril." As we near August 4, Coast Guard Day, we reflect on those who served in the USCG who have put their own lives in peril through asbestos exposure on military vessels.

As the only branch of the military besides the Marines to retain its own day after the creation of the Department of Defense in 1949 (see this Department of Defense article for an interesting history of Armed Forces Day and the creation of the DoD), the Coast Guard occupy a unique position within the US Armed Forces. Sadly, like every other branch of the military, some Coast Guard veterans have developed mesothelioma from their asbestos exposure during their service.

The bravery of the men and women who have served in the Coast Guard is the stuff of legend, and the unique position they occupy--as guardians of the borders, and protectors of the economy and environment as it pertains to the sea--is best summed up the U.S. Coast Guard's Historian's Office:

 The U. S. Coast Guard is simultaneously and at all times an armed force and federal law enforcement agency dedicated to safety, security, and stewardship missions. We save lives. We protect the environment. We defend the homeland. We enforce Federal laws on the high seas, the nation's coastal waters and its inland waterways. We are unique in the Nation and the world.

Though Coast Guard Day is "primarily an internal activity for active duty Coast Guard personnel, civilian members, reservists, retirees, auxiliarists, and dependents," it should be observed by everyone who benefits from the services the USCG  provides. Grand Haven, Michigan sponsors the Coast Guard Festival every year around August 4. The DoD describes the festival as "the largest community celebration of a branch of the Armed Forces in the nation."

Two U.S. COast Guards rescue a puppy. (Photo from USmilitary.com)

This Coast Guard Day, remember the active duty and retired Coast Guard members that serve and have served our country, protecting its borders, commerce, environment and more, sometimes sacrificing their lives for our safety, serving with the Navy during wartime. Thank you, Coast Guards, for all you do for us.

Department of Defense funds mesothelioma research

The DoD is funding mesothelioma researchers for the year 2011-2012.

Good news for veterans with mesothelioma: for the 4th year in a row, the Department of Defense is funding mesothelioma research, due to veterans' higher rates of mesothelioma and other asbestos diseases. The DoD's website announced June 29, 2011 that they are accepting applications for grants from the Peer Reviewed Cancer Research Program (PRCRP).

The PRCRP was established “to support research into specifically designated cancers with relevance to military service members and their families.” Mesothelioma affects veterans at a higher rate than it affects civilians, due to widespread military asbestos exposure, especially in the Second World War and Korean War.

Registered nurse and mesothelioma patient advocate Mary Hesdorffer testified before the U.S. Committee on Appropriations in defense of funding mesothelioma research, noting that it is the very definition of a cancer with relevance to military service members and their families:

“Almost 3,000 Americans die each year of mesothelioma, and one study found that one third of patients were exposed on U.S. Navy ships or shipyards. That is 1,000 U.S. veterans and shipyard workers per year, lost through service to country, just as if they had been on a battlefield.”

World War II veterans faced a great amount of asbestos exposure.

The Mesothelioma Applied Research Foundation, with whom Hersdorffer is affiliated, reported that in 2007, mesothelioma received “as little as 9 times less funding than other cancers.”

Way to go, DoD! Paying for mesothelioma research is the right thing to do, given that many mesothelioma sufferers were exposed during their time in the service. Until we learn more about mesothelioma, veterans and other Americans will continue to suffer poor prognoses and painful battles with asbestos cancer. 

If you know any cancer researchers (I don't, but you never know who's reading!), tell them to check out the deadlines for applying for this grant: http://cdmrp.army.mil/funding/prcrp.shtml. Good luck, researchers!

Memorial Day: a time to remember, celebrate, and give thanks

This Memorial Day, we celebrate with block parties, barbecues, parades and picnics, as we have for years. But celebrating is not enough. The holiday began after the Civil War, as America was piecing itself back together--though exactly when and where it began is the subject of much debate. According to the VA, Memorial Day began as Decoration Day in 1868:

Three years after the Civil War ended, on May 5, 1868, the head of an organization of Union veterans — the Grand Army of the Republic (GAR) — established Decoration Day as a time for the nation to decorate the graves of the war dead with flowers. Maj. Gen. John A. Logan declared that Decoration Day should be observed on May 30. It is believed that date was chosen because flowers would be in bloom all over the country.

Many communities throughout the country claim to have been the first to observe Memorial Day:

Today, cities in the North and the South claim to be the birthplace of Memorial Day in 1866. Both Macon and Columbus, Ga., claim the title, as well as Richmond, Va. The village of Boalsburg, Pa., claims it began there two years earlier. A stone in a Carbondale, Ill., cemetery carries the statement that the first Decoration Day ceremony took place there on April 29, 1866. Carbondale was the wartime home of Gen. Logan. Approximately 25 places have been named in connection with the origin of Memorial Day, many of them in the South where most of the war dead were buried.

 It does not matter where the first Memorial Day was celebrated. What matters is what we celebrate on Memorial Day: our freedom, and the people who served the United States to protect those freedoms. 

Gratitude is the reason for the day, whether you remember the men and women who served our country with a moment of silence at 3PM or by any other of the many traditions surrounding Memorial Day (such as with poppies, which became a tradition after the First World War).

Along with the young men and women who lost their lives in battle, there are veterans who still die for their country, though it may decades since they were on active duty. Mesothelioma and other asbestos-related diseases disproportionately affects veterans, because of the amount of asbestos that was once used in  battleships, planes, military vehicles, and other products that enlisted men and women handled. 

Celebrate Memorial Day with your community, honor those who have fallen in service to our country, and if you are a veteran, make sure you ask your doctor about the risks associated with asbestos exposure. Early detection is one of the best methods we have to fight mesothelioma, asbestos cancer, and asbestos diseases. 

Moffett Field/ Hangar One dismantled due to PCB, lead and asbestos

The future of Hangar One (located at Moffett Field) is up in the air. Navy vets who have worked there, and those who know of it lament the loss of an iconic monument what man achieved in one century--not only flight, but flight out of our atmosphere and onto the moon. Moffett Field's storied history with both the Navy and NASA is a testament to American aviation and innovation in general.

But the space age materials used to fireproof both the planes and the hangar have begun to contaminate the surrounding area, and it is environmental concerns about asbestos exposure, and exposure to carcinogens lead and PCB (polychlorinated biphenyls). The Navy operated Moffett Field until 1994, and the leaking contaminants (asbestos, lead, PCB and others) were discovered nine years ago.

A Palo Alto Daily News article summed up the site's past and present, both under the stewardship of the U.S. Navy:

The U.S. Navy, which operated Moffett Field until 1994, is responsible for the $22.3 million cleanup of PCBs, lead, asbestos and other contaminants in the 198-foot-tall, 1,133-foot-long hangar. Built in 1932 as an airship station to house the USS Macon, the hangar is so huge that it could cover 10 football fields.

Silicon Valley's KLIV 1590 reported:

The process of removing the toxic siding from Hangar One at Moffett Field has gotten under way.

A Navy contractor will be tearing down laminate siding contaminated with asbestos, PCBs and lead paint in segments. By early next year, the iconic hangar will be a skeleton.The President's budget proposal includes money to restore the hangar, but the nearly $33 million is not guaranteed.Those working to save Hangar One fear the metal skeleton will begin to deteriorate quickly and will be ultimately demolished when it becomes an eyesore.

When asbestos, PCBs and lead are involved, you've got to wonder if how the hangar looks is all that much of an issue. But it is not so much the appearance of Hangar One as what its appearance means to Navy vets and people in the community. 

To see a part of your life torn down--whether or not that part of your life was easy or fun--is a terrible thing. Even a passer-by, someone who had never set foot inside Moffett Field, would notice its gradual stripping down to a skeleton.

But of course, it is only being renovated. True, its purpose has changed since the Navy shut down operations in 1994, but Hangar One is being restored, not razed. Navy Base Closure Manager John Hill said last week that the work is expected to be finished by early next year. After that, its future purpose is iffy:

The future of the hangar rests with NASA and Congress. After years of fighting between NASA Ames and the Navy about who would pay to restore the structure, the White House's Office of Management and Budget determined last March that NASA Ames is responsible for reskinning the hulk. 

Since then, NASA Ames officials have said they are committed to making sure the job gets done. Those efforts reached a turning point in February, when President Barack Obama's proposed 2012 NASA budget included $32.8 million for the hangar's restoration. But that request still must make it through a budget battle in a Republican-dominated Congress that may want to cut NASA's funding.

Myself, I'd like to see the structure used for "development of lighter-than-air ships," as NASA officials proposed, but there are other possibilities in the mix. A  museum run by the Smithsonian is another possibility, according to the Palo Alto Daily News, but as long as Hangar One is functional, why not use it to innovate, like the Navy did before?

And this time around, there'll be no lead, PCBs or asbestos! Innovation doesn't have to come at such a steep price, environmentally.

Last home of Steve McQueen--Marine Veteran who died of mesothelioma--for sale

In a bit of news not directly connected to veterans with mesothelioma, the last home of actor and USMC veteran Steve McQueen, who died of mesothelioma, is now for sale. Fox News' entertainment blog reports that the Santa Paula ranch McQueen moved into in 1979 is on the market. The 15.33 acre ranch's features reflect McQueen's interest in all forms of transportation. A site selling McQueens' ranch, airplane hangar and property says:

McQueen, who became one of the world's highest-paid actors in the 1960s, honed an image of toughness in such noted films as "Bullitt," "The Great Escape," and "The Cincinnati Kid." 

But he started turning down most roles in the 1970s, focusing instead on auto and motorcycle racing and traveling the back roads of the West. He purchased two vintage Stearman biplanes and persuaded a Santa Paula local to become his flight instructor.

McQueen's interests in planes, motorcycles and automobiles provided opportunities for asbestos exposure, but malignant mesothelioma takes years to develop, and McQueen was not able to spend much time racing and flying until the 1970's. It was his exposure to asbestos in the 1950's, while working on pipes as punishment during his time in the Marines. In an interview with The Mirror, a British newspaper, McQueen's widow Barbara talks about her late husband's asbestos exposure:

Medics at Cedars Sinai Hospital in Los Angeles - "wanting to look under the hood", as Steve put it - found tumors in his right lung. They mentioned mesothelioma and said it was incurable and not treatable. Steve was told he had only months to live.  

He told the doctors he wore asbestos-lined racing suits to ride motorbikes. He remembered joining the Marines at 16, getting drunk and being made to clean asbestos-lined pipes as punishment. He also recalled blowing up a can of beans and being made to strip asbestos lagging from yet more pipes.

"He didn't talk about it much," said Barbara in a recent interview with campaigning Californian lawyer Roger Worthington. "But I have a tape recording in which he was asked just before he died what caused his mesothelioma. 

He said: 'Asbestos'."

Barbara, who lived with the famous actor, motorcyclist and veteran in the Santa Paula ranch, was 27 when her husband died. She gave the interview to show solidarity with the men and women who were exposed to asbestos, and their grieving families:

"Disgusting" is how Barbara describes the firms who knew decades ago that asbestos could cause cancer, yet continued to produce it in vast quantities.

Were it not for Steve McQueen's exposure to asbestos as a young man in the Marine Corps, he might still be alive, flying his plane, driving his cars, or simply enjoying retirement on his Santa Paula ranch. But like many veterans, his asbestos exposure led to mesothelioma, and his life was cut short.

Veterans with Mesothelioma: what the problem is, and what we can do

I drank swamp water with iodine and grape flavored powder, watched the stars come out as we were waist-deep in muddy water, dreamed about having a pair of clean, dry socks—almost as important as clean water when you're on a march. I saw a lot of men die, and I don't particularly want to talk about that. 

I want to talk about what my time in the Marines is doing to me now. Men who worked with asbestos all the time, the guys who fixed the ships, they get the asbestosis. I only was exposed to asbestos once in a while. But that's all it takes to give you mesothelioma, what I have now. I risked my life for this country, I didn't risk it so they could give me cancer forty years later.

It only takes one bullet to kill a man, and it only takes a little bit of asbestos to kill a man (over a long period of time). But the killing takes its time. Everyone who enlists or was drafted for service knows the stakes—or they think they do. They tell you you will risk your life for everyone's freedom and safety, but they don't tell you that risk goes on long after the risk from enemy fire is gone.

You didn't have to be on the front lines for the military to put your life on the line

Whether you were in the line of fire, or fixed ships or planes, you were part of America's first line of defense, and have earned the respect that comes with being a veteran. Asbestos exposure may have been part of your military service, but you were not told about the often lethal effects of asbestos, if you were even told about your exposure to asbestos at all.

The fact that all branches of the military are top-down operations means that the people at the top can get away with a lot, because it is against military culture to openly question orders. Imagine asking a drill sergeant why he wants you to run five miles in the rain, or giving him your opinion on what that would do to your health. There was no room to ask questions about anything, including asbestos.

But you are a veteran now, and your health has been harmed by exposure to asbestos. You have a right to ask questions. Why were you exposed to asbestos? How were you exposed to asbestos? What can you do about, legally and medically?

Short term exposure, long term problems

Asbestos exposure usually takes twenty to forty years to turn into an asbestos-related disease. If you were exposed to asbestos constantly—if you were in construction, or worked at a shipyard, or in a factory that used asbestos products—you were at risk for asbestosis, as well as mesothelioma.

If your exposure to asbestos was short, you probably aren't at risk for asbestosis (asbestosis happens after a lot of asbestos has been inhaled, over a long period of time, and it hardens the lungs), but you are at risk for mesothelioma. 

Your medical options are determined by what stage the cancer is at when the doctors diagnosed it. Your legal options are also related to your diagnosis—the sooner you seek help after your diagnosis, the more your lawyer will be able to do for you.