An Increase Predicted of Reported Mesothelioma Cases

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.

Asbestos fibers are inhaled by workers and remain in the lungs where they can cause disease. Fibers are also inhaled by family members or any other person coming into contact with asbestos wherever it may be.

A recent study predicts that there will be an increase in the number of reported mesothelioma cases in the United States in the future. Therefore the continuing epidemic of workers' compensation claims for mesothelioma will not abate as previously predicted as many exposed workers' and their families seek benefits including medical monitoring.

"Mesothelioma, a rare tumor, is highly correlated with asbestos exposure. Mesothelioma, similar to all asbestos-related diseases, is dose/intensity dependent to some degree, and studies showed the risk of mesothelioma rises with cumulative exposures. Multiple processes occur in an individual before mesothelioma occurs. The impact of mesothelioma in the United States has been continuous over the last half century, claiming between 2,000 and 3,000 lives each year.

"Mesothelioma is a preventable tumor that is more frequently reported as associated with asbestos exposure among men than women. However, the rate of asbestos-associated mesothelioma is on the rise among women due to a better investigation into their histories of asbestos exposure. It is of interest that investigators detected asbestos-associated cases of mesothelioma in women from nonoccupational sources—that is, bystander, incidental, or take-home exposures.

"It is postulated that asbestos-associated mesotheliomas, in both men and women, are likely underreported. However, with the implementation of the most recent ICD-10 coding system, the correlation of mesothelioma with asbestos exposure is expected to rise to approximately 80% in the United States. This study examined the demographic and etiological nature of asbestos-related mesothelioma. Mesothelioma from asbestos exposures: Epidemiologic patterns and impact in the United States, Richard A. Lemen Journal Of Toxicology And Environmental Health, Part B Vol. 19 , Iss. 5-6,2016

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971). The courts have recognized an asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which has resulted in a “second disease”. Shepley v. Johns-Manville Products Corporation, 141 N.J.Super. 387, 358 A.2d 485 (App.Div.1976). Jon Gelman, Workers Compensation Law, 39 NJ Practice Series 9.20.

The United States has yet to completely ban the use of asbestos and recent regulations to do so have been put on hold by the Trump Administration. In light of the concerns raised by this study, reconsideration of a complete ban of asbestos products in the US should be reconsidered without further delay.

…

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

National Asbestos Awareness Week April 1-7, 2017

S. RES. 98 Designating the first week of April 2017 as “National Asbestos Awareness Week”.

IN THE SENATE OF THE UNITED STATES
March 27, 2017
03/29/2017 Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent.  (All Actions)

Senator Jon Tester

Mr. Tester (for himself, Mr. Markey, Mr. Isakson, Mr. Daines, Mr. Durbin, Mrs. Feinstein, Ms. Warren, Mr. Merkley, and Mr. Leahy) submitted the following resolution;

RESOLUTION

Designating the first week of April 2017 as “National Asbestos Awareness Week”.

• Whereas dangerous asbestos fibers are invisible and cannot be smelled or tasted;

• Whereas the inhalation of airborne asbestos fibers can cause significant damage;

• Whereas asbestos fibers can cause cancer (such as mesothelioma), asbestosis, and other health problems;

• Whereas symptoms of asbestos-related diseases can take between 10 and 50 years to present themselves;

• Whereas the projected life expectancy for an individual diagnosed with mesothelioma is between 6 and 24 months;

• Whereas generally, little is known about late-stage treatment of asbestos-related diseases, and there is no cure for asbestos-related diseases;

• Whereas early detection of asbestos-related diseases may give some patients increased treatment options and might improve the prognoses of those patients;

• Whereas the United States has substantially reduced the consumption of asbestos in the United States, yet the United States continues to consume tons of the fibrous mineral each year for use in certain products throughout the United States;

• Whereas asbestos-related diseases have killed thousands of people in the United States;

• Whereas while exposure to asbestos continues, safety and prevention of asbestos exposure has significantly reduced the incidence of asbestos-related diseases and can further reduce the incidence of asbestos-related diseases;

• Whereas thousands of workers in the United States face significant asbestos exposure, which has been a cause of occupational cancer;

• Whereas thousands of people in the United States die from asbestos-related diseases every year;

• Whereas a significant percentage of all asbestos-related disease victims were exposed to asbestos on naval ships and in shipyards;

• Whereas asbestos was used in the construction of a significant number of office buildings and public facilities built before 1975;

• Whereas people in the small community of Libby, Montana, suffer from asbestos-related diseases, including mesothelioma, at a significantly higher rate than people in the United States as a whole; and

• Whereas the designation of a “National Asbestos Awareness Week” will raise public awareness about the prevalence of asbestos-related diseases and the dangers of asbestos exposure: Now, therefore, be it


Resolved, That the Senate—

(1) designates the first week of April 2017 as “National Asbestos Awareness Week”;

(2) urges the Surgeon General of the United States to warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health; and

(3) respectfully requests that the Secretary of the Senate transmit a copy of this resolution to the Office of the Surgeon General.

Trump Administration May Bring a Surge in Occupational Disease Claims

Mesothelioma death rates remain high in the US even on the eve of an anticipated national ban of the asbestos fiber. Things may radically change for the worse as the Trump Administration goes forward with its announced intention to dismantle environmental regulation now in place and placed on-track for enactment during the former Obama Administration. With anticipated less EPA and OSHA regulation under the Trump administration, there is the potential for a serious surge of future occupational disease claims in the United States.

President Trump has remarked, “I believe that the movement against asbestos was led by the mob, because it was often mob-related companies that would do the asbestos removal. Great pressure was put on politicians, and as usual, the politicians relented.” Trump, The Art of the Comeback, 1997.

The Centers for Disease Control and Prevention (CDC) today published a report indicating that mesothelioma, a neoplasm, continues to be prevalent at high rates.

"Malignant mesothelioma is a neoplasm associated with inhalation exposure to asbestos fibers and other elongate mineral particles (EMPs). The median survival after malignant mesothelioma diagnosis is approximately 1 year. The latency period between the first exposure to asbestos fibers or other EMPs and mesothelioma development ranges from 20 to 71 years. Occupational exposure has occurred in industrial operations including mining and milling, manufacturing, shipbuilding and repair, and construction. Current occupational exposure occurs predominantly during maintenance and remediation of asbestos-containing buildings. The projected number of malignant mesothelioma deaths was expected to increase to 3,060 annually by 2001–2005, and after 2005, mortality was projected to decrease."

"During 1999–2015, a total of 45,221 malignant mesothelioma deaths were reported, increasing from 2,479 (1999) to 2,597 (2015). Mesothelioma deaths increased for persons aged ≥85 years, for both sexes, persons of white, black and Asian or Pacific Islander race, and all ethnic groups. Continuing occurrence of malignant mesothelioma deaths in persons aged <55 years suggests ongoing inhalation exposure to asbestos fibers and possibly other causative EMPs."

"Despite regulatory actions and decline in asbestos use, the annual number of malignant mesothelioma deaths remains substantial. Contrary to past projections, the number of malignant mesothelioma deaths has been increasing. The continuing occurrence of mesothelioma deaths, particularly among younger populations, underscores the need for maintaining efforts to prevent exposure and for ongoing surveillance to monitor temporal trends."

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day. Asbestos fibers are inhaled by workers and remain in the lungs where they can cause disease. Fibers are also inhaled by family members or any other person coming into contact with asbestos wherever it may be. We believe that the evidence shows that the companies which manufactured these products knew that their products would injure people and that they actively conspired to hide this information in order to keep selling their products, and as a result, they are now being held liable for the resulting injuries.

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971). The courts have recognized an asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which have resulted in a “second disease”. Shepley v. Johns-Manville Products Corporation, 141 N.J.Super. 387, 358 A.2d 485 (App.Div.1976). Even where the exposure to asbestos can be identified as occurring 50 years earlier in the course of the employment, the resultant disease has been recognized as compensable. Bush v. Johns-Manville Products Corporation, 154 N.J.Super. 188, 381 A.2d 65 (App.Div.1977), certif. denied 75 N.J. 605, 384 A.2d 835 (1978)." Gelman, Workers' Compensation Law 3rd ed. §9,20 (Thomson-Reuters).

With the anticipated dismantling of EPA and OSHA regulations by the Trump Administration, in conjunction with a return to manufacturing jobs in the US, there remains to be seen whether there will be a resurgence of occupational disease claims and fatalities in the US,  as a result of the continued work-related exposures to such toxic substances such as asbestos.

…

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades theLaw Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Asbestos and Mold in Schools: Paterson NJ Safety Officer Claims Mishandling

The presence of asbestos and mold in schools and the potential exposure of students and employees has been a major health concern for decades. A Paterson NJ health and safety office now claims that the Paterson NJ school system improperly mishandled the removal of these hazards in violation of Federal regulations.

Many old structures have still have asbestos products in place that were installed decades ago as insulation for heat and a fire inhibitor. As the asbestos products age they deteriorate and contaminate the ambient air.

Asbestos is a known carcinogen and exposure is causally linked to asbestosis, lung cancer and mesothelioma. For decades, the Federal government has had regulations in place to require notification of those potentially exposed in schools and for proper abatement procedures.

"Brenda Zemo, an Environmental Occupational Health and Safety Officer since 2008, claims she was subjected to a hostile workplace after she raised concerns about the alleged mishandling of the material by the Facilities Department and its Executive Director Steve Morlino, according to the lawsuit.

"She claims she was let go by the department after she filed the complaint.

"The only female employee at the department, Zemo's role was to ensure the district provided a safe and healthy work environment for about 23,000 students and 5,400 staff.

Click here to read the complete article, "Paterson schools improperly handled asbestos, former safety officer says." nj.com 12/07/2016

…

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Insurance Rating Company Increases Estimate for Net Ultimate U.S. Asbestos Losses to $100 Billion

A.M. Best has increased its estimate for losses that U.S. property/casualty insurers can ultimately expect from third-party liability asbestos claims by approximately 18% to $100 billion. The $15 billion increase to the net ultimate asbestos loss estimate comes as insurers are incurring approximately $2.1 billion in new losses each year while paying out nearly $2.5 billion on existing claims. The updated figures are contained in a new Best’s Special Report, titled “A.M. Best Increases Estimate for Net Ultimate Asbestos Losses to $100 Billion.” The report also states that A.M. Best is not making any change to its $42 billion estimate on net ultimate environmental losses; therefore, A.M. Best’s view of ultimate industry losses for asbestos and environmental (A&E) is now $142 billion.

According to the report, industry funding of the $142 billion in net A&E exposures has reached approximately $124 billion, broken out by $98.1 billion in cumulative paid-to-date losses and $26.3 billion in reserves set aside for future payments. This translates into a funding rate of 88% of ultimate A&E exposures, or approximately $85 billion of asbestos funding (85% funded) and $40 billion of environmental funding (94% funded).

A.M. Best utilizes a combination of three approaches when evaluating an insurer’s A&E reserve adequacy: historic premium market share, post-1990 paid loss share (1991–2015) and three-year survival ratios. Consistent with historical trends, the industry has continued to pay out more losses than it has incurred (funded) since 2006, paying out $16.7 billion for asbestos and environmental claims over the past five years, while incurring $13.5 billion in losses. The industry has incurred $10.5 billion in asbestos losses over the past five years, while paying out $12.7 billion. A&E reserves have not declined by a significant amount, but they have decreased in nine of the past 10 years, including a 2.9% fall in 2015, with the only exception being a slight uptick in 2010.

A.M. Best believes the property/casualty industry’s asbestos losses will continue to be an issue given an unstable environment faced with evolving litigation, increasing secondary exposure cases and an increase in life expectancy. Asbestos losses continue to dominant the discussion around the industry’s A&E exposures, comprising more than 80% of total A&E liabilities. However, it is extremely difficult to quantify the industry’s ultimate loss exposure, given the evolving nature of asbestos litigation, tort reform and the growing incidence of lung cancer being linked to asbestos exposure. A.M. Best will continue to monitor asbestos litigation and losses and will periodically revisit its benchmarks as needed.

"Workers' compensation benefits have been awarded to claimants who have been exposed to asbestos and who have suffered asbestos-related disabilities. Bolger v. Chris Anderson Roofing Co., 112 N.J.Super. 383, 271 A.2d 451 (Co.1970), aff'd 117 N.J.Super. 497, 285 A.2d 228 (App.Div.1971) .The courts have recognized asbestos exposure as causing multiple disabilities, and awards have been made for occupational exposure which have resulted in a “second disease”. Even where the exposure to asbestos can be identified as occurring 50 years earlier in the course of the employment, the resultant disease has been recognized as compensable. Even if the employee's widow had knowledge of the asbestos-related disease and its relationship to the employee's disability during his lifetime, in a dependency claim, the Statute of Limitations does not bar a claim until two (2) years after the date of death of the employee." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 9.20 (3d ed.)

Related Articles:

US EPA Moves to Ban Asbestos 12.01.2016

…

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Donald Trump And The Art Of Asbestos

Today's post is shared from huffingtonpost.com

According to the Republican presidential nominee, the anti-asbestos movement is a conspiracy rigged by the mob. Yes, the mob.

For nearly five months, people around the country have been campaigning for or against Donald Trump. As one of the most polarizing presidential candidates of the century, we’ve watched debate after debate, commercial after commercial and repeatedly said, “Wow.”

There’s no doubt certain aspects of Trump’s beliefs are startling, overwhelming and offensive. But what the media shows is just one side.

Among all of Trump’s absurd ideologies, such as extreme vetting of immigrants and building a giant wall to keep them out, he also supports the use of asbestos. As a known carcinogen responsible for an estimated 10,000 American deaths a year, it’s surprising that a presidential candidate would uphold an industry that promoted its use.

But then again, is it?

Click here to read the entire article.

Asbestos: Kaiser Gypsum files for Bankruptcy Protection

Former asbestos manufacturers, Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., have filed for bankruptcy protection. Kaiser Gypsum Company is a former manufacturer of building products, including drywall, joint compounds and cements. US Bankruptcy Court Western District of North Carolina, Case 16-31602 Filed 09/30/16
 .

Senator Boxer Calls for Expedited TSCA Asbestos Evaluation

Senator Barbara Boxer (D-CA), Ranking Member of the Environment and Public Works Committee, sent a letter today to Gina McCarthy, the Administrator of the Environmental Protection Agency (EPA), urging the Agency to move quickly to act on all forms of asbestos under the new Toxic Substances Control Act (TSCA).  EPA is required to select 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. The full text of the letter is below.

August 26, 2016

Dear Administrator McCarthy:

I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.

The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks.  This decision must be made by mid-December of this year.  The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.

In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos.  Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule.  The court’s decision paralyzed EPA’s existing chemicals program for the next two decades.  Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform.  As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”

During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos.  Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.

Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.

The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.”  OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”

Asbestos continues to exact a high toll in disease and death on Americans.  According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.

Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity.  According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.

Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:

“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014.  The chloralkali industry accounted for an estimated 88% of U.S. consumption.  The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”

The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases.  From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.

The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos.  With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos.  EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.

I look forward to learning more about your plans for asbestos.

Sincerely,

Barbara Boxer
Ranking Member

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Kidney Cancer Reported Related to Workers' Asbestos Exposure

A new research report links asbestos exposure to kidney cancer. Today's post is shared from pubmed.com.

Asbestos is the main causal factor for malignant mesothelioma (MM), a relatively rare and aggressive malignancy. Some epidemiological evidence suggests a role of this agent also in the etiology of renal cell carcinoma (RCC), the most common form of kidney cancer.


CASE REPORT:
After 7 years of asbestos exposure, a 76-year-old asbestos-cement worker came to our notice with left flank pain. Diagnostic imaging disclosed a neoplasm in the upper two thirds of the left kidney, without evidence of metastases. After surgery (nephrectomy with para-aortic lymphadenectomy), histopathology revealed clear cell RCC. One year later, the patient was hospitalized for abdominal pain. Laparoscopy showed diffuse neoplastic infiltration of the peritoneum and liver. Histological and immunohistochemical examination of the bioptic samples led to the diagnosis of biphasic MM. The subject died 2 months later. Autopsy disclosed ascites and diffuse infiltration of the abdominal wall and viscera, without evidence of RCC relapse.

CONCLUSIONS:
This is the second reported case of association between RCC and peritoneal MM in the scientific literature. Asbestos might be involved in the causation of both malignancies.

Renal cell carcinoma and malignant peritoneal mesothelioma after occupational asbestos exposure: case report Candura SM1, Boeri R, Teragni C, Chen Y, Scafa Med Lav. 2016 May 26;107(3):172-7.

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Mesothelioma surgery improves quality of life, study finds

Loyola University Health System reports:

Many mesothelioma patients avoid surgery for fear it will degrade their quality of life. But a study has found just the opposite: Patients who underwent an operation called pleurectomy and decortication (PD) generally reported their quality of life improved after surgery.

Click here to read the complete article.

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