Monday, December 31, 2007

New year price hikes, as if on cue

ANYONE with an air conditioner should cherish the relief today because the cost of running it is going to rise substantially in the new year.

Like the fireworks at midnight, we could set our watches by the price rises that herald the new year, and along with electricity, the cost of public transport, toll booths and health care will rise.

Energy bills will be the most significant of the new year price rises for Victorian consumers.

On January 1, Victoria's three biggest energy retailers — Origin Energy, AGL and TRUenergy — will charge up to 17% more for power, after the drought, increased demand and renewable energy targets pushed the cost of generating electricity to record highs.

An average household paying $945 annually for its power bill is likely to pay $1106 for consuming 6500 kilowatt hours of peak and off-peak electricity. A larger family could face a rise of about $220 annually.

Riding trams, trains and buses will be more expensive in January, with the the cost of public transport in Melbourne rising by about 20 cents per trip, with a zone 1, two-hour full fare going from $3.30 to $3.50, and a zone 1-and-2, two-hour ticket rising from $5.30 to $5.50.

And you will not escape the price rises by taking the car, with Citylink passes set to rise by 4.5%, with an e-tag day pass going up to $5.97 and a 24-hour pass rising to $11.45.

Health too, will get more expensive.

The amount you have to spend to be eligible for the Medicare Safety Net — under which the Government picks up 80% of medical costs after you've spent a certain amount in a year — will rise by $9.80 to $529.30 for concession card holders and $19.70 to $1058.70 for general patients.

It will also be harder to qualify for the Pharmaceutical Benefits Scheme safety net. The threshold for general patients will rise $82.80 to $1141.80 and for concession card holders it will go up $15.60 to $290.

The amount patients will have to contribute to the cost of subsidised medicines will go up 60 cents to $31.30 for general patients and 10 cents to $5 for concession card holders.

But it is not all bad news.

Several new drugs will attract subsidies from tomorrow, including Champix for those quitting smoking and Alimta for the asbestos-related cancer mesothelioma.

And it will be easier to get eye treatment, with optometrists given the right to prescribe certain subsidised medications for the first time.


Source


Friday, December 28, 2007

State funeral for Bernie Banton

Bernie Banton, the public face of the campaign against asbestos company James Hardie, has died, but his efforts have been hailed as a decades-long legacy for asbestos disease sufferers.

Mr Banton, 61, died at his Sydney home about 1am (AEDT) on Tuesday with his family by his side.

His wife Karen, brother Bruce, sister Grace and five children have accepted the NSW government's offer of a state funeral.

Mr Banton was diagnosed in August with peritoneal mesothelioma, an abdominal cancer caused by his exposure to asbestos when he worked for a subsidiary of James Hardie from 1968 to 1974.

He had already been suffering for years from asbestosis, a lung disease also caused by exposure to asbestos.

Despite this, he led the campaign to force James Hardie to establish a fund that would provide adequate compensation for all its employees suffering from diseases caused by their exposure to asbestos at its factories.

He was, NSW Premier Morris Iemma said, "a truly great Australian, a man who fought for others at a time when he should have been worrying about his own health".

"In November 2006, on the day we signed the final agreement to secure compensation for Hardie victims (workers in James Hardie factories who contracted diseases caused by asbestos), Bernie knew he'd achieved something special.

"That deal was worth $1.5 billion over the next 40 years for those who suffered and continue to suffer this dreadful disease.

"It would not have been possible without Bernie Banton."

Prime Minister-elect Kevin Rudd said he was "a fighter" who was "a symbol, a living symbol of what is right and decent and proper in the workplace relations of this country".

"Australia is going to be poorer for Bernie's passing - our whole nation will be poorer for Bernie's passing," Mr Rudd said.

Mr Banton was diagnosed in 1999 with asbestosis and ARPD (asbestos-related pleural disease), which reduced his lung capacity to 40 per cent.

He began to rely on an oxygen bottle, but he refused to let it slow him down, taking it with him everywhere he went as he campaigned for fair compensation from James Hardie for all its affected workers.

Estimates of future claims continued to rise, and the company was eventually forced in December 2004 to sign Australia's largest ever compensation settlement, worth up to $4.5 billion over 40 years.

In a statement, James Hardie expressed its condolences to the family of Mr Banton, acknowledging his work in raising public awareness of asbestos-related disease.

"The company acknowledges the significant contribution Mr Banton made to raising the awareness of asbestos-related diseases in Australia, and his role in the eventual implementation of the final funding agreement to compensate Australians with asbestos-related personal injury claims," the company said.

NSW parliament rose for a moment's silence and both sides of politics delivered statements praising him.

"Bernie courageously pursued justice for sufferers of asbestos-related diseases and their families, we all owe him a debt of gratitude," NSW Industrial Relations Minister John Della Bosca said.

Former ACTU secretary Greg Combet said Mr Banton had been a fighter for other people and a fighter for justice.

"I hope that people properly appreciate the importance of the settlement that was reached with James Hardie a few years back, because it was a very hard fight and Bernie contributed a lot," Mr Combet said.

"That's how he should be recognised."

Last Thursday, Mr Banton won a confidential payout as compensation for his terminal mesothelioma, including exemplary damages for what his lawyers called James Hardie's "contumelious" disregard for the health of its workers when they knew of the dangers of asbestos.

In 2000, he had been awarded $800,000 compensation for asbestosis.

And last month he succeeded in getting the palliative drug Alimta subsidised by the federal government for mesothelioma sufferers.

His brother Bruce said Mr Banton's funeral would probably be held on Saturday but details were still being discussed.

"One thing we will be asking is for instead of flowers at the service is donations for asbestos research and treatments," he said.

In a further tribute, the Asbestos Diseases Research Institute at Sydney's Concord hospital will also be named the Bernie Banton Centre.

In Melbourne, he was honoured at a commemorative service, part of Asbestos Awareness Week, to remember people who have died from asbestos-related diseases.

Source



Victims of asbestos fight payout 'apartheid'

People suffering from pleural plaques through exposure to asbestos will soon be facing a postcode lottery to determine whether they qualify for compensation.

Pleural plaques are a scarring on the lining of the lungs, an asymptomatic sign of exposure to asbestos that does not of itself lead to more serious asbestos-related conditions. While about 1,800 people die of asbestos-related diseases each year in Britain, a number that is rising, some commentators have labelled plaques sufferers as 'the worried well' and the House of Lords recently ruled that the condition was not worthy of compensation.

'When people say those things, it's because they haven't had to live with it,' says Valerie Pask, a 55-year-old mother of seven from Nottingham who was diagnosed with plaques last year. Asbestos has left its mark on three generations of her family. 'I'll never forget my eldest brother in the final weeks before he died,' she recalls. 'He was unable to say more than a few words because his lungs were so congested.'

Valerie's brother died from mesothelioma, the cancer contracted from breathing in asbestos dust. Her father worked all his life as a lagger, fitting insulation at power stations. He died of heart disease in 1980, at the age of 65, with his death certificate recording that the condition was 'related to asbestosis'. 'My eldest brother, Brian, died at the age of 50 in 1987 and my next eldest brother, Michael, died in 1991,' she says. Three sons worked with their father. Two of them had their lives cut short by mesothelioma and the surviving brother was recently diagnosed with asbestosis. Her brother-in-law and sister-in-law, who worked with them, have both died of asbestos-related conditions, as did an uncle who worked in London.

But the tragedy doesn't end there. Valerie and her three sisters would clean their father's dust-covered overalls when he came back from the power stations, where he eventually became a site manager. 'He'd take his work clothes off in the conservatory and we'd beat them and get as much dust off as we could; otherwise our washing machine would get clogged up,' she recalls. Two of the four women have been diagnosed with plaques, as has one of their daughters.

In October, the Law Lords refused to overrule an appeal court ruling in January 2006 preventing plaques sufferers from claiming damages (in Rothwell v Chemical & Insulating Co). 'Proof of damage is an essential element in a claim in negligence and in my opinion the symptomless plaques are not compensatable,' ruled Lord Hoffmann.

That ruling will affect 'thousands who have faced emotional anguish since their diagnosis', says Adrian Budgen, head of the asbestos unit at law firm Irwin Mitchell. 'Plaques are a consequence of negligent exposure to asbestos. This exposure physically scars victims and is often a precursor to very serious and sometimes fatal disease.' Budgen, who is advising Valerie, adds: 'With a family history like theirs, you're going to be worried. She is a relatively young woman who has to live with this for the rest of her life.'

The Scottish government announced this month that it intended to reverse the Law Lords' ruling by introducing new legislation. 'The effects of asbestos are a terrible legacy of Scotland's industrial past and we should not turn our backs on those who contributed to our nation's wealth,' said Holyrood's Justice Secretary, Kenny MacAskill. 'Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma. This will mean that people diagnosed with this condition will have to live with the worry of possible future ill-health for the rest of their lives.'

The Association of British Insurers calls the Scottish approach 'misguided'. Insurers are 'fully committed' to compensating claimants with mesothelioma and other asbestos-related diseases, says the ABI's Stephen Haddrill, but 'introducing legislation to overturn a unanimous Law Lords' ruling could significantly increase costs for Scottish businesses'.

None the less, insurers had been paying out for plaques for 20 years prior to the Rothwell case and payouts have been modest. Since the January 2006 ruling, 'full and final' damages, which settle the case once and for all, have been cut from £12,500-£20,000 to £5,000-£7,000.

There is a recent precedent for ministers in England and Wales stepping in to protect families from the courts when they overruled the House of Lords judgment by the Law Lords in the case of Sylvia Barker in 2006. In that case (The Observer, 5 March 2006), insurers argued that if there was more than one employer, compensation for mesothelioma should be split between them. As some have now gone out of business, this would have meant families missing out on part or all of their compensation. Ministers therefore amended the Compensation Act to protect families.

Campaigners are pessimistic about Westminster following the Scottish lead on plaques cases, even though the construction union Ucatt last week won a government commitment to review the Rothwell decision. 'It's going to look unjust if you have sufferers in Scotland receiving compensation and those south of the border aren't,' says Tony Whitson, chair of the Asbestos Victims Support Groups Forum UK.

Campaigners point to a growing difference between England and Wales on the one hand and Scotland on the other, where the life-extending drug Alimta is more readily available for mesothelioma sufferers and where bereavement payments of up to £30,000 have been made by the courts (such compensation is fixed at £10,000 in England). Now it seems likely plaques sufferers will only get compensation in Scotland.

Valerie says: 'What makes me angry is that if you have a minor scar on your body you can get compensation. Thousands of people receive compensation for stress, but we get nothing. The scarring is inside me.'

She says she suffers nightmares and has been out socialising only four times since she was diagnosed 18 months ago. 'Employers knew the harm asbestos was doing and carried on using it because it was cheap,' she says. 'Thousands of people are affected now and will be over the next 20 years and it all could have been prevented. It's so wrong.'

Source

Thursday, December 27, 2007

LegalView Blog Informs Readers of New Mesothelioma Cancer Treatment Center Being Built to Aid Mesothelioma Cancer Victims

LegalView.com offers readers several mesothelioma resources including its continually updated mesothelioma blog. A recent blog post regarding mesothelioma offered readers an inside into a new mesothelioma treatment center that is to be built in Australia.

Denver, CO (PRWEB) December 23, 2007 -- LegalView, the number one source for everything legal on the Internet, recently updated its mesothelioma legal blog to inform readers and sufferers of mesothelioma about a new mesothelioma treatment center that will be built. The new center is scheduled to be open in a year, but, according to news reports, the treatment center's first goal is to ensure that every mesothelioma cancer victim will be able to access treatments available at the center.

Mesothelioma is a deadly and rare form of cancer that is inevitably incurable at the moment. While research continues to lengthen a victim's life as well as to ease the pain the cancer causes, there is still no way to 100 percent treat the cancer. Mesothelioma is usually caused by exposure to asbestos fibers that are breathed into the lung and essentially crystallize causing the development of cancer cells on the lining of the lung. It is typical that mesothelioma occurs anywhere from 10 to 40 years after initial exposure to asbestos. Many are currently being diagnosed with the cancer because of years of negligence by companies who knowingly endangered employees by exposing them to the deadly dust. If you or anyone you know has developed mesothelioma cancer, it may be in your best interest to contact a mesotehlioma law firm for more information.

The new mesothelioma treatment center is being built in honor of a local Sydney man who recently passed away. Bernie Benton was exposed to asbestos and began helping others dealing with the same plight. The mesothelioma treatment center will be one of the world's first asbestos research centers that focuses only on mesothelioma. Those suffering from mesothelioma cancer can find more information on this and other mesothelioma treatments at the mesothelioma information portal.

In addition to information regarding mesothelioma, LegalView.com also offers resources on several additional legal issues that are tragically affecting individuals throughout the country everyday. Readers will be able to find a traumatic brain injury law firm who specializes in helping brain injury victims with consultations and attorney referral services. Individuals who have suffered from a construction accident injury or an auto accident can find information on finding a construction accident attorney or auto accident lawyer through LegalView as well.


SOURCE

Monday, November 12, 2007

Anxiety over Amaca asbestos case

Elizabeth Gosch and Ean Higgins

October 24, 2007 05:58am

LAWYERS for asbestos victims fear the new board of the James Hardie subsidiary Amaca is using a WA case to attempt to limit the number of successful lawsuits.

Denis Walter John Moss and his wife, Patricia Margaret Hannell, won a case against Amaca Pty Ltd, the James Hardie asbestos-producing subsidiary, in December last year and were awarded $5million.

Mr Moss, who died in June, was exposed to asbestos in the mid-1980s and 1990 as a result of occasional work on asbestos cement products in and around his home. He was diagnosed with mesothelioma in November 2005.

Amaca appealed against the West Australian Supreme Court decision earlier this year to award damages. The Court of Appeal overturned the trial judge's decision, stating Amaca did not breach its duty of care by failing to advertise the dangers of asbestos in the mass media.

Today in Perth, Mrs Hannell is seeking special leave to appeal against that decision in the High Court.

For decades, the key tenet of asbestos disease litigation, particularly in New South Wales, has been the finding by the courts that James Hardie had actual knowledge of the dangers of asbestos as early as 1938 but did not do enough toprotect workers and warn customers.

Slater and Gordon asbestos litigation specialist Tanya Segelov said it was possible the new Amaca board - appointed by James Hardie and the NSW Government - was testing the water in Western Australia, and if successful, might take a harder line in other jurisdictions.

If Amaca won such cases, it could reduce the ability of thousands of future victims to obtain compensation.

SOURCE

Union Efforts Called Racketeering

A lawsuit filed by Smithfield Foods charges the UFCW with extortion and a smear campaign in the union's efforts to convince the meat processor to agree to voluntarily accept the union without an employee vote. The union says the company has a long history of worker intimidation.

By Joseph A. Slobodzian

It's been used against mobsters, corrupt labor unions and anti-abortion protesters.

Now Smithfield Foods Inc., the Virginia-based meat-processing giant, has joined companies turning to federal racketeering law to try to block a campaign geared to unionization of its employees.

Smithfield Foods' lawyers filed the civil racketeering lawsuit Oct. 17 in federal court in Richmond, Va., the latest development in Smithfield's 14-year fight to prevent the United Food and Commercial Workers from unionizing 4,650 hourly workers at its largest pork-processing plant in Tar Heel, N.C.

The lawsuit contends that the union has resorted to "smear tactics," including trying to undermine the company's stock price by leaking false statements to Wall Street stock analysts.

The lawsuit seeks damages of at least $5.9 million for business losses Smithfield Foods says can be traced to the union campaign, as well as an injunction barring the unions from continuing their activities.

The lawsuit -- Smithfield Food Inc. vs. United Food and Commercial Workers International Union -- has been assigned to U.S. District Judge Robert E. Payne.

UFCW officials issued a statement maintaining that Smithfield has a long history of worker intimidation and calling the lawsuit an attempt by Smithfield to avoid a union vote.

UFCW officials noted that the suit was filed two days after negotiators for the company walked out of talks that were close to setting a mutually agreed-upon process for holding a unionization election at the Tar Heel processing plant.

"It is truly shameful that Smithfield is willing to spend millions of dollars on high-priced lawyers and frivolous lawsuits rather than committing the resources needed to provide basic safety and health improvements for Tar Heel workers," the union statement read.

According to the lawsuit, union members have demonstrated at food stores carrying Smithfield Foods products and at public appearances of celebrity chef Paula Deen to urge her to break her contract with Smithfield. Deen's Food Network cable television program, Paula's Home Cooking, features Smithfield products.

The lawsuit contends that in September 2005, the UFCW's Local 400 "decided to abandon all efforts to convince Smithfield employees of the benefits of union membership in favor of a new plan aimed not at the employees, but at Smithfield itself."

The lawsuit says UFCW decided to "extort" Smithfield's recognition of Local 400 "regardless of the degree of actual employee support for such representation, by injuring Smithfield economically until Smithfield either agreed to [union] demands or was run out of business."

In addition to the UFCW international union, in Washington, and Local 400, the Smithfield lawsuit names three groups and seven individuals it describes as "co-conspirators" with the union.

While the use of the federal racketeering statute in a union-organizing dispute may seem unusual, other companies have turned to the racketeering law, says Lynn C. Outwater, a labor relations lawyer and managing partner of the Pittsburgh office of the law firm Jackson Lewis.

Outwater cited the March ruling by U.S. District Judge Brian M. Cogan, of the Eastern District of New York, allowing a civil-racketeering conspiracy case to proceed against the Laborers' International Union.

The lawsuit by the Asbestos & Lead Removal Corp. contended that Laborers Local 78 and business manager Edison Severino carried out a campaign of violence and extortion designed to force the company to agree to a collective-bargaining agreement with Local 78.

The stakes are high in the protracted unionization struggle between Smithfield and the UFCW. With annual sales of $12 billion, Smithfield Foods calls itself the largest producer of hogs and the "leading processor and marketer of fresh pork and processed meats in the United States."

The Tar Heel plant is the largest meat processing plant of its type, according to Smithfield Farms, and slaughters, processes and packages more than 32,000 hogs per day.

The UFCW, on the other hand, represents 1.4 million workers and Landover, Md.-based Local 400 claims 40,000 members.

Local 400 began trying to organize Smithfield's Tar Heel workers in 1994, two years after the sprawling processing plant opened.

SOURCE

Asbestos Exposure only Known Link to Pleural Mesothelioma

Los Angeles, CA: Even though asbestos has been a dirty word for decades, and its use and prevalence has dramatically declined, the toxic substance is still making its presence felt, and is still at the root cause of serious health problems including pleural mesothelioma. In many cases it is claiming lives.

Walter Kot of Illinois is just the latest worker to file a lawsuit against a host of corporations he claims were negligent in their responsibility to inform workers about the presence of asbestos and ways in which, through hygiene and other practises, to mitigate its spread and prevalence.

Kot is upset that on numerous occasions he transported, unknowingly, asbestos fibres home.
Kot toiled as a labourer, sheet-metal worker, shipper, forester and firefighter at the behest of a number of companies from 1940 through 1980. This past July he was diagnosed with mesothelioma, and is litigating a total of 49 corporations for damages and compensation, which will ultimately help cover his medical bills.

In his lawsuit, filed last week in Madison County, Kot claims that the defendants should have known about the hazards of asbestos, and should have been more diligent in protecting its employees from needless exposure.

The suit also alleges that the various defendants could have used asbestos substitutes in their products, but did not.

It has also been alleged that some, or all of the defendants - which were not named publicly - may have destroyed documents and certain evidence, which would have proven Kot's claims.

As a result Kot is seeking at least $550,000 in compensatory damages for pain and suffering, and lost wages. He is also seeking punitive damages representing an undisclosed sum.

Meanwhile, a navy sailor last week was awarded $35.1 million in compensatory damages for exposure to asbestos while serving more than fifty years ago.

John R. 'Jack' Davis was diagnosed, like Kot, with pleural mesothelioma - a disease linked to asbestos exposure. In his suit, Davis claimed that he was exposed to asbestos-covered pipes and vales during his tour of duty in the U.S. Navy, as well as his private-sector career.

The Navy, along with a number of un-named defendants, will have to pool in order to pay the lion's share of the award, 85.8 per cent. The remaining 14.2 per cent of the award is the responsibility of Leslie Controls of Florida, and Warren Pumps of Massachusetts, which will each pay 7.1 per cent. The latter two companies were identified as having supplied asbestos-based material to the Navy.

The verdict, delivered by a jury in Los Angeles Superior Court after a five-week trial, came after deliberations of less than a day, and breaks down to $100,000 for economic damages, $25 million for Mr. Davis' pain and suffering, and a further $10 million for his wife.

Pleural mesothelioma is a deadly cancer that is linked exclusively to the inhalation of asbestos particles in the air. Various countries have implemented an outright ban of asbestos use, something the United States tried but failed, after the ban was overturned in the courts. As a result, there are still products which contain asbestos, such as brake linings.

The incubation period is a long one: the lag time between asbestos exposure and the onset of pleural mesothelioma can be anywhere from 20 to 50 years.

Little wonder that Mr. Kot and Mr. Davis, identified above, litigated so long after exposure. Both men were diagnosed in 2007, decades after the fact.

It is a reasonable expectation there will be many more to come.

SOURCE

Mesothelioma still needs more attention, research funding

Regarding the Oct. 15 front page article, ''Cancer death rates declining'': The death rate for mesothelioma, an extremely painful cancer in which membrane cells lining the chest or abdomen become malignant and proliferate uncontrollably, is on the rise.

Mesothelioma, caused by asbestos exposure, is almost always fatal. The life expectancy is 12.3 months with treatment and 9.2 months without. In fact, according to the National Center for Health Statistics, Pennsylvania ranks third in the nation in the mortality rate for mesothelioma.

Mesothelioma's latency is as long as 50 years, so millions of Americans who were exposed in the past five decades are at risk. And, given the current levels of asbestos exposure, it is inevitable that Americans will continue to be diagnosed for decades. The only hope is research to develop effective treatment.

Much has been accomplished with limited, private funding. It is time for the federal government to help find a cure. With facts like these, it is extremely distressing to know that less than 3 percent of cancer research dollars go to mesothelioma research. Wake up, Lehigh Valley; not all cancers or cancer death rates are on the decline.

SOURCE

LORDS' 'ILLNESS' RULING SLAMMED BY VICTIM

A retired dockyard worker who developed scars on his lungs after working with asbestos has attacked a House of Lords decision to end compensation for people with the condition.Ken Peach, aged 75, of Beacon Park, said the Law Lords ruling on pleural plaques - scars on the lungs usually caused by exposure to asbestos - is "disgusting".

The condition can lead to fatal diseases including malignant mesothelioma and other forms of lung cancer.

The House of Lords yesterday ruled that pleural plaques was not a disease, ending future claims.

The landmark decision could affect hundreds of people in Plymouth, which is a 'hotspot' for asbestos-related conditions.

SOURCE

Mr Peach joined unions, solicitors and Plymouth MP Linda Gilroy in criticism of the ruling.

The pensioner, who received a Government payout in 2001 after developing pleural plaques, said: "It's disgusting and I feel very sorry this decision was made.

"I have a five per cent chance of the scars on my lungs developing into something more serious. It's a horrible feeling to know it's there; it worries me."

Mr Peach joined Devonport Dockyard in 1952 when he was just 20, working as a joiner. His job involved fitting and ripping out layers of asbestos from submarines docked for routine maintenance.

Plymouth MP Linda Gilroy, who sits on the All-Party Parliamentary Group for Asbestos, said Plymouth has one of the country's highest rates of asbestos-realted conditions.

"This decision is a huge disappointment," she said.

"There will soon be a meeting of the all-party group and we will look at this issue, as well as many others surrounding asbestos-related conditions, and will endeavour to lend as much support to it as we can."

The latest figures show 320 people dying from mesothelioma caused by asbestos between 1985 and 2004.

Cases are expected to peak between 2011 and 2015, as the condition takes between 30 to 40 years to emerge.

John Messham, head of the occupational disease department at Bond Pearce in Plymouth, said the firm has seen around 200 successful cases for pleural plaques in the last five years - with pay outs of between £3,500 and £7,000.

He said: "I could say the House of Lords has failed to recognise the anxiety caused by pleural plaques.

"It's the right decision for insurers but not the many thousands of people across the country who have the condition, for who it will be a devastating blow."

He added around 30 Plymothians' cases would have to be dropped following the announcement.

Derek Simpson, joint general secretary of Unite, said: "This is a harsh decision which will affect thousands of people with pleural plaques now and in the future."

The only three UK areas with higher figures of asbestos-related diseases are Barrow-in-Furness, West Dumbartonshire and North Tyneside.

'Cruel injustice' of axed asbestos pay-outs

FAMILIES and campaigners yesterday condemned the "injustice" of a House of Lords ruling which will end compensation for thousands of workers suffering from an asbestos- related condition.

The judgment removes an established right to compensation, which had existed for 20 years, to allow people with pleural plaques - scars on the lungs - to claim damages.

Those affected claim these scars can develop into more serious conditions including cancer. However, their longstanding right to compensation was subject to an appeal by insurance companies, with the Court of Appeal finding in the companies' favour last year that pleural plaques was not a disease.

Unions appealed this and the controversial case went before the Lords yesterday, where the Court of Appeal decision was upheld.

The five Law Lords who heard the cases agreed that the appeals should be dismissed because the law does not offer compensation to victims of injuries which cause no or trivial damage.

Activists have now pledged to ask the Scottish Parliament to bring in new legislation in Scotland to reverse the Lords' judgment.

They have prepared a bill, which has cross-party support, and will submit it to Kenny MacAskill, the justice secretary, urging him to change the law north of the Border.

Harry McCluskey, secretary of Clydeside Action on Asbestos, which represents hundreds of families of former shipyard and factory workers, said: "The judgment has gone against the workers who have to live with the condition with the appalling fear that it could develop into mesothelioma [a form of cancer].

"It is a ridiculous judgment and the injustice is cruel."

Ian Tasker, of the STUC, said: "The STUC has supported asbestos groups and we are extremely disappointed that this is another injustice to the victims of asbestos.

"The legal system pays too much attention to business and it doesn't pay enough attention to the victims."

Pleural plaques can, over time, make breathing difficult and, in some cases, can be accompanied by the development of serious respiratory diseases including mesothelioma and lung cancer.

Previously, victims could claim between £6,000 to £10,000 if they had pleural plaques and more if they developed mesothelioma.

Bill Kidd, an SNP MSP and Robert Brown, a Liberal Democrat MSP, backed the move to introduce new legislation at the Scottish Parliament.

Mr Kidd said: "This decision by the House of Lords flies in the face of common sense and has to be rectified as quickly as possible."

Bill Butler, a Labour MSP, added: "[The ruling] comes down on the side of the employers and insurance companies and disregards the legitimate case of victims and their families."

Solicitor-advocate Frank Maguire, of Thompsons Solicitors, a leading campaigner for asbestos victims, said: "This judgment will only diminish respect for the law by showing how divorced it can be from reality."

SOURCE

Is Vitamin C a Viable Treatment for Cancer?

Vitamin C whether intravenous or oral is one of the most prevalent types of alternative and complimentary cancer therapies. Yet, this nutrient is still considered “controversial” by mainstream oncology. Since two time Nobel Prize winner (in chemistry and peace) Dr. Linus Pauling advocated its use in cancer starting in the late 1970’s, evidence to its efficacy has been quietly and steadily mounting.

Humans Do Not Make Vitamin C

Almost all animals and plants synthesize their own vitamin C except humans and a small number of other animals, including, apes, guinea pigs, the red-vented bulbul, a fruit-eating bat and a species of trout.

Vitamin C and Cancer - Early Work

Pure L-ascorbic acid (vitamin C) was first prepared in 1928 by the Nobel prize winning biochemist Albert Szent-Gyorgyi and in 1932 it was shown that this substance was vitamin C. In 1954 and 1959 Dr. W. J. McCormick, a Canadian physician, hypothesized that cancer is a collagen disease, secondary to a vitamin C deficiency. His theory was based on the fact that collagen is the “mortar” that binds cells together and if cells stick together, tumors would have a more difficult time breaking away and metastasizing. This concept was expanded upon when, in 1966, Dr. Ewan Cameron wrote a book entitled “Hyaluronidase and Cancer.” In it he pointed out that the ground substance or “intercellular cement” that binds cells of normal tissues contains various molecules that strengthen it including glycosaminoglycans and fibrils of collagen. Dr. Cameron discussed how tumors can produce enzymes that breakdown these molecules (i.e. hyaluronidase and collagenase).

Linus Pauling, Ph.D. (chemistry) had been interested in vitamin C for many years and had written previously how people required large amounts of vitamin C (1). Working with Dr. Cameron, Dr. Pauling pointed out that Vitamin C could: A) stimulate normal cells to produce increased amounts of a hyaluronidase inhibitor and; B) increase the number of collagen fibrils made (2). Based on these theories, Drs. Pauling and Cameron embarked on a number of studies to test the efficacy of vitamin C in cancer patients.

Pauling and Cameron Studies Find Improvement in Survival and Quality of Life

In 1976, Drs. Pauling and Cameron reported the survival times of 100 terminal cancer patients who were given supplemental ascorbate (10 grams/daily intravenously) and those of a control group of 1,000 patients of similar status treated by the same clinicians in the same hospital (Vale of Leven Hospital in Scotland) who had been managed identically except for the ascorbate. The 1,000 controls were matched by sex, age, primary tumor type, and clinical status. By August 10, 1976 all 1,000 of the controls had died while 18 of the 100 ascorbate-treated patients were still living. As of September 15, 1979, five ascorbate treated patients were still alive and “living normal lives.” The 100 acorbate-treated patients lived, on the average, 300 days longer than their matched controls with better quality of life (measured from the time all patients were considered “untreatable”).

A second study was performed in 1978 with 100 new ascorbate-treated patients and 1,000 matched controls (about half of the controls were in the original set) (3). This analysis broke out the improved survival times by cancer type. For each type of cancer there was an improvement in survival.

Mayo Clinic Studies Do Not Show Significant Benefit

Pauling’s and Cameron’s studies were not considered the gold standard in clinical studies. The gold standard was and remains the randomized, prospective, double-blind study in which half the patients are randomized to one arm of a study, half to another arm and neither the patient nor the doctor knows who is getting what.

To test whether ascorbate was effective, Dr. Charles Moertel and his colleagues at the Mayo Clinic conducted two randomized placebo controlled studies of patients each with advanced cancer (published in 1979 and 1985) (4). Patients randomized to the treatment group were given 10 grams of oral ascorbate, and neither study showed significant benefit. (In the first Mayo study, median survival was improved two weeks with the ascorbate group.) Because Moertel’s studies were taken as definitive, ascorbate treatment was considered useless. There were however, at least three significant differences between the Mayo Clinic’s “definitive” studies and those of Drs. Pauling and Cameron.

Mayo Clinic Studies Did Not Replicate the Studies by Pauling and Cameron

Difference #1 - In First Mayo Study Most Patients Were Pretreated With Chemo

The overwhelming majority - 87% (52 of 60 patients) of the patients in the first Mayo study had received chemotherapy before the study began. In contrast, only 4% of the patients in Pauling and Cameron study had received chemo. Pauling wrote, “It is known that cytotoxic chemotherapy damages the immune system and might prevent the vitamin C from being effective, inasmuch as it functions mainly by potentiating this system.(5)”

This is a valid critique. A Pubmed search for vitamin C reveals a large number of peer reviewed medical and scientific journal articles that demonstrate that vitamin C scavenges free radicals when it acts as an antioxidant (6), helps neutralize carcinogenic chemicals such as nitrosamine and nitrites (7), enhances lymphocyte function and mobilization of phagocytes (8), improves natural killer cell activities (9), modulates cell growth and differentiation (10), and enhances IgA, IgG and IgM antibody levels (11). Several of these mechanisms are directly related to the body’s immune system and to cancer resistance. Cytotoxic (cell-killing) chemotherapy is notorious for seriously compromising the patient’s immune system by killing the cells that mediate immunity. (Note: in the 1985 Mayo clinic study, this difference was removed as none of the Mayo patients were administered prior chemotherapy.)

Difference #2 - Pauling and Cameron Administered Intravenous Vitamin C, the Mayo Studies Used Only Oral Vitamin C

A commentary published by doctors from the National Institute of Health (NIH) in 2000 pointed out that there was a second significant difference in study design that may have accounted for the different results in the Mayo Clinic studies (12). The authors explained that intravenous (IV) administration (used by Pauling and Cameron) was superior to oral administration (used by Moertel) in respect to bioavailability of the vitamin. The NIH authors said, “It is now clear that intravenous administration of ascorbate can yield very high plasma levels, while oral treatment does not.” The NIH authors concluded that, “Moertel’s results were not comparable to those of Cameron, as ascorbate was given orally and not intravenously. In retrospect, the route of administration may have been key.”(13)

This observation was repeated in another peer reviewed paper published in 2004 in the Annals of Internal Medicine which stated “Because efficacy of vitamin C treatment cannot be judged from clinical trials that use only oral dosing, the role of vitamin C in cancer treatment should be reevaluated.” (14)

Difference #3 - In Pauling’s and Cameron’s Studies, Vitamin C Therapy Continued For the Life of the Patient

And yet a third difference with the Mayo Clinic study was that vitamin C administration was discontinued immediately after a patient could no longer take oral medications or there was progression of the disease. Apparently, in the Pauling and Cameron studies the IV doses continued regardless of the patient’s changing status. Vitamin C was provided during the life of the patient. However, in Moertel’s studies, because it was administered orally, vitamin C was discontinued in a large number of patients whenever there was a sign of worsening. According to writer Ralph Moss, “Because of the odd departure from Cameron’s protocol, patients in the treatment arm of the experiment (in Moertel’s second study) received vitamin C for a median time of only 10 weeks. None of the Mayo patients died while receiving it. Their deaths occurred after the vitamin had been taken away from them.”(15)

Was the Goal of the Mayo Studies to Replicate Pauling and Cameron’s Work or Denounce It?

Obviously if the Mayo Clinic studies were designed to test the outcomes of Drs. Pauling and Cameron studies then they should have replicated their methodology of administration (as long as it was scientifically reliable and clinically appropriate). Why didn’t Moertel’s group administer the vitamin intravenously throughout the life of the patient? We don’t know. Any one of these discrepancies described above should have been sufficient for a complete reevaluation, but as is so often the case, the cancer establishment had successfully “proved” that a mere vitamin was of no value in cancer and the case was closed. Or was it?

Vitamin C Therapy is Still Used Today

In the intervening 20 years since Moertel’s last study two trends have continued: 1) patients are being administered IV vitamin C in various cancer clinics around the world and many are showing benefit; 2) the overall plausibility of ascorbic acid administered intravenously as a cancer therapy is being better understood by recent insights into clinical pharmacokinetics and its in vitro cancer-specific cytotoxicity.

Clinical Examples from the National Cancer Institute

A reading of Drs. Cameron and Pauling’s book “Cancer and Vitamin C” provides 26 case histories of patients with various cancers who received a benefit from vitamin C including: brain, breast, prostate, bladder, lung, stomach, ovarian cancer, leukemia and mesothelioma. But, since Cameron and Pauling have been considered advocates of vitamin C, here is another more disinterested source. Three case examples come from a peer reviewed article whose authors come from the National Cancer Institute, the National Institutes of Health, and universities. In a March 2006 article entitled “Intravenously administered vitamin C as cancer therapy: three cases” the authors examined clinical details of three cases in accordance with National Cancer Institute (NCI) Best Case Series guidelines (16). Tumor pathology was verified by pathologists at the NCI who were unaware of diagnosis or treatment. In all three cases (metastatic renal cancer, bladder cancer, and lymphoma), vitamin C demonstrated efficacy.

Although these case histories by themselves are insufficient to prove that vitamin C is an effective treatment for cancer, in the words of these authors, these histories “increase the clinical plausibility of the notion that vitamin C administered intravenously might have effects on cancer under certain circumstances.(17)”

Biological Mechanisms of Vitmain C Are Better Understood Today

The number of peer reviewed journal articles continues to grow that describe the clinical pharmacokinetics and in vitro cancer-specific cytotoxicity of vitamin C. In other words, how Vitamin C is absorbed by the body and can kill cancer cells. For example, an article published in the Annals of Internal Medicine set out the pharmacokinetics of intravenous vitamin C (18); another article in the journal Nature discussed how vitamin C preferentially killed melanoma cells (19); and there have been several articles in Anticancer Research(20), and Oncology (21) that described how ascorbate killed various other cancer cell lines in vitro.

Vitamin C and Collagen

You may recall that Drs. Cameron and Pauling pointed out that Vitamin C could increase the number of collagen fibrils made. In the last 20 years biochemists have described the molecular basis of scurvy and in doing so have helped us understand how vitamin C and collagen are related. Apparently vitamin C plays a role in collagen metabolism by acting as a cofactor in the enzymatic reactions involved in the hydroxylation of praline and lysine. Without this hydroxylation, proper aligned stable helices of the alpha chains are not formed, so the procollagen that is formed is unstable and degraded (22).

Vitamin C May Prolong Life

Vitamin C has many roles that may be associated with fighting cancer including: acting as an anti-oxidant and scavenging free radicals, supporting the various immune cells, modulating cell growth and differentiation, helping to synthesize carnitine which is essential for the transport of fat to mitochondria, and possibly even strengthening collagen. The mounting evidence does suggest that Drs. Pauling and Cameron were right and that vitamin C is a benefit to cancer patients. We will conclude, therefore, with their words, “Vitamin C is not a miraculous cure for cancer, but…it significantly prolongs the life of the cancer patient…We believe that supplemental ascorbate can be of real help to all cancer patients and of quite dramatic benefit to a fortunate few.”(23)

Perhaps our health authorities will recognize the benefit of this “mere” vitamin. But, maybe the issue all along was not the fact that vitamin C is a potentially effective and non-toxic therapy, but rather that drug companies cannot make sufficient profits from it because as a vitamin it is difficult to patent. If this is the case, it would be an example of how economics not medicine decides what therapies are made available for cancer.

SOURCE

Asbestos illnesses cost H&W £30m in compensation

MORE than £30 million pounds in compensation has been paid out to Harland & Wolff employees for asbestos-related illnesses.

As many as 2,693 employees have shared the £30,273,903 compensation since 2001.

But the compensation payout has only allowed employees to receive around £11,241.70 each.

Former Trade Minister Sir Reg Empey agreed in March 2002 to guarantee compensation for ex-shipyard staff.

According to figures also acquired in an Assembly question by DUP MLA Peter Weir, as many as 515 people have died in the last 10 years as a consequence of asbestos-related illnesses contracted through exposure to asbestos in their workplace during the previous decade.

In his Assembly response, the Minister of Enterprise, Trade and Investment, Nigel Dodds, said asbestos- related diseases are in the main "occupationally acquired and include asbestosis, mesothelioma and lung cancer".

It is pointed out that the number of deaths caused by asbestos-related lung cancer is not available.

But it was revealed that the number of deaths from asbestos-related lung cancer may equal those caused by mesothelioma – 439.


In his response Minister Dodds said Harland & Wolff was taken into public ownership in 1975.

"Harland & Wolff plc (H&W plc) remained in public ownership at the time of the privatisation of the shipbuilding business in 1989. All liabilities that existed at this time were retained in H&W plc," he said.

"DETI has guaranteed funding to H&W plc to enable it to meet liabilities as they fall due.

"This commitment covers funding to meet obligations that would fall to the company in relation to agreed compensation claims from employees who contracted asbestos-related illnesses. This position was affirmed in a statement to the Northern Ireland Assembly on 5 March 2002 by Sir Reg Empey, the then DETI Minister."

The news comes as campaigners warn that asbestos disease-linked deaths are at epidemic levels and could become worse in coming decades.

With 515 people dying in the last 10 years the Justice for Asbestos Victims' (JAV) spokeswoman, Fiona Sterritt, has warned greater heartache lies ahead for victims and their families.

She said: "There is no doubt that it is an epidemic. There are people who were working with it on a daily basis into the 1990s. "Anybody putting a noticeboard in a school could have been exposed to it. There is a latency there."

It takes years for asbestos-linked conditions like mesothelioma or lung cancer to develop. JAV was established in 2002 by sufferers and the families of those who died from the diseases.

Ms Sterritt added people like plumbers and electricians had been badly affected. "Everything built before the 1970s likely had some form of asbestos and it can take 30-40 years to develop," she added.

Lobbyists have predicted about 10,000 deaths a year across the UK. Most of those now suffering with asbestos-related diseases were exposed to asbestos between the 1940s and 1970s.

Health Minister Michael McGimpsey told Mr Weir that he was committed to helping those affected.

"This will include health promotion awareness as well as provision of the full range of primary, secondary and community care services appropriate to the respiratory and oncology illnesses commonly associated with asbestos exposure," he said.

In the Assembly Question, Trade Minister Nigel Dodds, revealed there were 53 deaths last year, up on 42 in 1997. In 2004 a total of 65 people passed away.

SOURCE

Tuesday, October 16, 2007

Asbestos Exposure: How Risky Is It?

The hazard, exposure, and risks associated with asbestos fibers have been explored and debated for many years. Human evidence suggests an association between exposure to asbestos and asbestosis, lung cancer, and mesothelioma, although the lack of consistent information on fiber type, size, and exposure concentrations and duration limit our ability to establish causal relationships between exposure and disease in some cases. While uncertainties remain in our ability to consistently and accurately quantify asbestos risk to humans, progress has been made in characterizing those key factors, namely hazard and exposure, that are critical to an assessment of health risk.

Because asbestos is a natural material, there will always be some background or ambient exposure to humans. Although mining and commercial applications have diminished in some parts of the world, asbestos continues to have commercial applications, and hence, there remains exposure potential from these sources. Chrysotile and amphibole asbestos are the types most commonly used and hence studied experimentally, and it has become increasingly clear that they differ with respect to toxicity and disease potential. This has been demonstrated in animal models, which appear to be reflective of the human situation as well.

Progress on a number of fronts has led to general scientific consensus on the following: (1) amphibole fibers (which tend to be relatively long and thin) are a more potent risk factor for the development of mesothelioma and, to a lesser degree, lung cancer than are chrysotile fibers (which tend to be relatively short and wide); (2) longer, thin fibers are more pathogenic and there appear to be fiber size thresholds below which asbestos fibers do not pose any threat; and (3) those animal studies in which high exposure concentrations resulted in lung overloading are not considered relevant to humans.

Analysis of the epidemiological literature supports some common patterns including:
(1) for occupational and industrial exposures, the weight of evidence does not consistently support causal relationships between asbestos exposure and onset of pulmonary disease, some studies showing associative relationships but others showing no relationship between exposure and disease onset; and (2) chrysotile alone, uncontaminated by other fiber types, particularly amphiboles, does not appear to be a risk factor for mesothelioma, as once thought.

Advances in risk assessment methodology and analytical techniques, together with reevaluation of historical data, reveal that the current Environmental Protection Agency (EPA) approach for risk assessment of asbestosis is not in step with current scientific consensus, particularly for chrysotile fibers. In recent years, new knowledge about how asbestos risk can be more accurately and quantitatively determined has been generated. There is thus a scientific basis for adoption of these methods by regulatory agencies, including the EPA. While occupational exposures to asbestos remain and should be vigilantly monitored, there appears to be no compelling scientific evidence that ambient exposure to chrysotile asbestos poses a significant health risk.


SOURCE

Monday, October 15, 2007

October has been designated Healthy Lung Month

The smell of burning leaves, an apple pie baking in the oven, or a wood fire in a neighbor's fireplace often evoke memories of special people and experiences from past autumns. While we may be mindful of inhaling deeply to enjoy these scents, we seldom give thought to what happens to the air we breathe in.

We all know we need the oxygen in the air to live, but unless we experience breathing difficulties, most of us rarely think about our lungs at all.

The lungs are complex organs, considered far more complicated than the heart. They not only take the oxygen from the air and send it into the bloodstream for delivery throughout the body, but the lungs filter out substances like dust, pollen, viruses, and bacteria from the air we breathe. They are also responsible for eliminating waste from the bloodstream. It is clear lung health is important, and October has been designated Healthy Lung Month in recognition of this fact.

If all types of lung disease are combined, it is the 3rd highest cause of death in the United States. Over 35 million Americans live with an ongoing lung disease like asthma or chronic obstructive pulmonary disease (COPD). Lung disease is the cause of 1 in 7 deaths annually in this country.
Unfortunately, it can be easy to overlook early signs of lung disease. At first, many people simply realize they do not have much energy. But as the lung condition worsens, other symptoms become more apparent. Trouble breathing, shortness of breath, reduced ability to exercise, feeling like you are not getting enough air, a chronic cough, coughing up blood or mucus, or pain when inhaling and exhaling, are among the signs of lung disease.

Common lung conditions include:
* Asthma, which affects 20 million Americans. It causes inflammation and swelling of the airways in the lungs. The narrow airways limits the flow of air in and out of the lungs, causing wheezing, coughing, tightness in the chest, and difficulty breathing.

* COPD, which includes emphysema and chronic obstructive bronchitis. Both conditions cause inflammation of the bronchial tubes that carry air to the lungs. This leads to thickening and scarring of the lining of the bronchial tubes and the production of excess mucus, making breathing difficult. COPD is the 4th leading cause of death in the United States.

* Lung cancer, now the leading cause of cancer deaths in American women, is characterized by the abnormal, uncontrolled growth of malignant lung cells.
These cells invade and destroy normal cells in nearby tissues and can spread to other parts of the body.

Fortunately, the risk of developing lung disease can be reduced. First, if you are a smoker, quit. Whether a smoker or a non-smoker, everyone should try to avoid second-hand smoke.
Second, eating a healthy diet, rich in fruits and vegetables, lowers the risk of cancer. Drinking plenty of water helps to replace moisture lost when we exhale, keeping the lung tissue moist and healthy.
Exercise is also important for healthy lungs, stimulating the blood flow required for the lungs to function optimally.
Lung health also benefits from getting vaccinated against the flu every year. Influenza (and pneumonia, often a complication of the flu), damages lung tissue and leads to a number of adverse health effects.
In addition to the above, avoiding environmental hazards such as asbestos and radon is also important in protecting lung health. Protective clothing and a face mask are required for anyone working in a job that entails exposure to asbestos. Radon in the home can be measured with a test kit to determine if remediation is advised.
The Central Connecticut Health District, serving the towns of Berlin, Newington, Rocky Hill, and Wethersfield, sponsors a number of flu shot clinics where pneumonia shots are also available. The Health District also sells low-cost radon test kits. For further information about flu clinics, radon kits, and other public health concerns, contact the Health District at 860-721-2822 (www.ccthd.org). Specific information about lung health and lung disease is available through the American Lung Association at 1-800-548-8252 (www.lungusa.org) and the National Women's Health Information Center at 1-800-994-9662 or 1-888-220-5446 for the hearing impaired (www.4women.gov).

SOURCE

Mesothelioma sufferer pioneers new hope

Leigh Carlisle, a 27-year-old cancer sufferer who is pioneering new treatment for a deadly asbestos-related form of the illness, mesothelioma, is beginning to beat the disease.

Leigh, who is believed to be the country’s youngest sufferer, has been taking part in clinical trials at Manchester’s Christie Hospital.

Leigh may have contracted the disease after she took a short-cut through a Failsworth factory yard, where asbestos was cut, when she was a schoolgirl.

She may also have breathed in the fibres from clothes of a relative who worked there.

Leigh was diagnosed with the condition, which affects her abdomen, in 2006.

Her treatment includes a drug which knocks out a tumour’s resistance so chemotherapy has a better chance of working.

To Leigh’s delight, doctors told her last week that her lungs and stomach are clear of cancer cells, her lymph nodes have returned to near-normal and the tumours in her abdomen have broken down significantly.

Leigh said: "I was overjoyed at being told there had finally been a breakthrough with my clinical trial for Mesothelioma. I have been scared and often faced doubted that treatment wouldn't prove effective, but my consultant and nursing team at 'The Christie' always provided optimism and great support. I know I have some way to go, but the news on my progress is fantastic and I'm looking forward to getting my energy back during my break from treatment now!"

Leigh's solicitor, Geraldine Coombs, said to Rochdale Online: "I am really pleased for Leigh that she has had such good news about her cancer treatment. The results of the trial sound very exciting. Mesothelioma does not usually respond well to treatment and the trial may give hope to others suffering with mesothelioma. 2,000 people every year in this country are diagnosed with mesothelioma.

"Leigh has been through a very hard time with this illness. Despite that she has been working hard to raise awareness about the dangers of asbestos and raising money for cancer charities which is a great credit to her and does not surprise me having got to know Leigh.

"Asbestos is not a problem that is ‘in the past.’ People are still coming into contact with asbestos today around the world. The campaign in Rochdale to push for the risks of environmental contamination by asbestos is very important."

Save Spodden Valley spokesman Jason Addy commented: "I met Leigh earlier this year. She is an incredible person with a positive outlook on life. To contract this illness at such a young age is a particularly cruel blow. I am sure many will join in our prayers and best wishes for her health.

"It is a stark reminder of how low levels of exposure to asbestos fibre may be so dangerous. That is why it is important that safe, open and accountable decisions are made about the former TBA site.

"Mesothelioma takes decades after exposure to asbestos before its symptoms are presented.

"The late Abdul Chowdry, T&N's former Health & Safety manager, suggested on Radio 4 that disturbing soil on the TBA site could 'unearth a monster'. That certainly was an emotive choice of language from the then serving UK Health and Safety Commissioner.

"As the Independent Atkins Report has acknowledged, there is huge potential for gross contamination of the site.

"We all owe a debt to future generations of Rochdalians to ensure that the Spodden Valley becomes a safe amenity for all.

"When you see Leigh and read about what she has faced this year, it really does bring it home to everyone in Rochdale how important it is to get things right in Spodden Valley."

SOURCE

Firm Probed on Asbestos Claim Billing

NEW YORK (Associated Press) - The Justice Department plans to seek a wider investigation into the billing practices of L. Tersigni Consulting PC, a firm that advised asbestos-injury claimants in several big bankruptcy cases.

The U.S. Trustee's Office, an arm of the department, has already asked the courts overseeing the Chapter 11 cases of Congoleum Corp., Federal-Mogul Global Inc., W.R. Grace & Co. and G-I Holdings Inc. to appoint examiners to investigate allegations that the consulting firm overbilled its clients in those proceedings.

In new court papers, the trustee's office said L. Tersigni Consulting could also have overbilled clients in other cases. The office said it would seek similar investigations "in all asbestos cases in Pennsylvania, New Jersey and Delaware, in which LTC was employed as a financial adviser."

Representatives of L. Tersigni Consulting couldn't be reached for comment Tuesday afternoon.

The consulting firm's clients were the official committees representing asbestos claimants in major bankruptcy cases.

Since April 2006, the U.S. Trustee's Office and federal prosecutors have looked into allegations that the firm's sole owner and principal, Loreto Tersigni, submitted bills for services that weren't performed. Tersigni died in May.

"The appointment of an independent fiduciary to investigate these serious allegations of fraud and dishonesty related to the affairs of the debtors is both warranted and necessary," the trustee's office said in court papers. An examiner, it added, could help companies that paid the bills discover whether they have "causes of action" against L. Tersigni Consulting.

The trustee's office is still waiting to hear whether the courts overseeing the bankruptcy cases of Congoleum, Federal-Mogul, W.R. Grace and G-I Holdings will appoint examiners.

However, the judge overseeing W.R. Grace's bankruptcy case has questioned whether she should appoint an examiner.

At a hearing in late September, Judge Judith K. Fitzgerald of the U.S. Bankruptcy Court in Wilmington, Del., pointed out that the federal government had been conducting a probe into L. Tersigni Consulting's billing practices for more than a year. "I don't know why the estates have to be charged with additional money to do an investigation that may already be complete," Fitzgerald said. "There are creditors in these cases who deserve at some point in time to get whatever little money they're going to get out of these cases and to the extent that this work has already been done, they shouldn't be charged with duplicating that work."

The judge also said money could be saved by appointing one examiner to look at the books and records for all of the bankruptcy cases in which the firm is suspected of overbilling.

At the hearing, Fitzgerald also criticized the trustee's office for requesting an examiner only in recent months when it knew for more than a year that there could have been a billing problem involving L. Tersigni Consulting.

Family raises £1,300 in memory of dad

The family of an Eastbourne man who died of cancer caused by asbestos exposure have raised more than £1,300 in his memory.
Bob Tolley, 67, of Wartling Road, died in September last year after contracting mesothelioma, an aggressive form of cancer.

His daughter Christine Dennis said, "We raised £1,373 for Mesothelioma Research after organising a charity event in aid of it on behalf of The British Lung Foundation, The Mick Knighton Mesothelioma Research Fund and The June Hancock Mesothelioma Research Fund."

The family held a charity auction, raffle and disco at Eastbourne United Football Club on September 29.

Mrs Dennis said, "My brothers and some of my dad's friends also played a charity golf match earlier in the day at Horam Park Golf Club on the same day.

"We had support from local businesses and retailers who kindly donated prizes for the auction and money donations for the research funds.

"The event was in memory of my dad Bob Tolley who sadly passed away last year from this terrible disease.

"We as a family wanted to do something to raise funds and awareness for the treatment and research into this disease caused by asbestos.

"We are still searching for witnesses who worked with my dad on a firm called Humphreys & Glasgow Ltd.

"We have the help of a solicitor from Manchester who specialises is asbestos cases.

"But at the end of the day it is not about the money, it is about making someone take responsibility for what happened to my dad, who was only just 67 when he died and still actively working for Hotchkiss Ltd, a local firm.

"There are more and more cases of mesothelioma in Eastbourne so it is not confined to large industrial towns, and because of the latency period of the disease, between five to 60 years, it is very hard to find information about companies sufferers previously worked for."

Asbestos was used in thousands of products and buildings all over the world.

But from the 1980s it was realised that the material had a damaging effect on health.

It was not until the mid 1980s that blue and brown asbestos were banned in the UK, and not until November 1999 that white asbestos was finally banned from use.

SOURCE

How is a Mesothelioma Diagnosis Determined?

If you've been exposed to asbestos and suspect that you may have asbestosis or mesothelioma, it's very important that you see a doctor who has experience dealing with asbestos related diseases as soon as possible. The doctor will determine a mesothelioma diagnosis by taking a full medical history and performing a series of diagnostic tests.

One of the reasons that mesothelioma is so deadly is that it is often not diagnosed until it has reached late stage malignancy. New tests and more sensitive instruments have made it possible to get a mesothelioma diagnosis earlier in the progress of the disease. As with most types of cancer, the earlier that it's caught, the more treatment options you'll have. The sooner you have a mesothelioma diagnosis, the sooner treatment can begin. Here's what you can expect if you see a doctor to pursue a mesothelioma diagnosis.

Medical History
The doctor or a nurse will take a complete medical history to determine the symptoms you're experiencing and discover any risk factors. The history will include questions about when and where you might have been exposed to asbestos in the past. Among the symptoms the doctor will be looking for are frequent, painful cough, difficulty breathing and a history of lung function problems like pneumonia, emphysema and bronchitis.

Physical Examination
The doctor will also do a physical examination to discover any symptoms of mesothelioma. The examination will include listening to your breathing and heartbeat, as well as feeling (palpating) your abdomen. Patients with mesothelioma often have fluid buildups, known as effusions, in the tissues and cavities around the heart, lungs or in the abdomen.

X-rays and Imaging Tests
The next step in making a mesothelioma diagnosis is usually a series of chest X-rays. The X-rays may show any thickening of the lung tissues, irregularities in and around the lungs and mineral deposits or calcifications on the lung or pleural tissues. X-rays will also show any fluid buildup around or in the lungs. Any of these can suggest a mesothelioma diagnosis.

The doctor may then order other imaging tests, specifically CT scans and MRI scans. Together, the CT and MRI can help doctors to locate any lesions or tumors, and determine the extent and stage of the cancer. The imaging tests will tell the doctors what they need to know to suggest a course of treatment or further diagnostic testing.

Tissue and Fluid Samples
Your doctor may also want to take samples of fluid from around your lungs, heart or abdomen to determine if there are cancerous cells in it. This is usually done by inserting a needle into your chest cavity and withdrawing a small amount of the fluid for testing. The doctor may also recommend doing this to relieve uncomfortable pressure on the lungs and make breathing easier.

If the X-rays or other images show abnormal areas, your doctor may also want to take a tissue sample to examine for cancerous cells. Getting a sample for biopsy used to invariably involve surgery, but newer methods and equipment make it possible to obtain tissue samples without actually opening your chest. Only your doctor can determine if these methods will be appropriate in your case.

A thoracoscopy is performed with the help of an instrument called a thoracoscope - a telescope like instrument connected to a video camera. The doctor will make a small incision in your chest and insert the thorascoscope through it into your chest cavity. The video camera will allow the doctor to view and examine the tumor without opening your entire chest. He or she can then use a small, specially designed forceps to collect tissue from the tumor for testing. Doctors may also use the occasion of a thoracoscopy to remove fluid surrounding the lungs or pericardium.

Two other methods use similar instruments to obtain tissue samples and view close-ups of tumors and tissue. In a bronchoscopy, the doctor will insert a flexible, lighted tube through your mouth and thread it down through your trachea into the bronchia to find any masses or growths that may indicate pleural mesothelioma. Mediastinoscopy uses a lighted tube that is inserted beneath the sternum and into the chest cavity to view the lymph nodes in that area and examine them for growths abnormal appearance. In both of those procedures, doctors can remove tissue samples for testing.

Surgery is the most invasive method used in determining a mesothelioma diagnosis, but is sometimes the only way to remove a larger sample of the tumor. In some cases, if the cancer is still localized enough, the doctors may remove the entire tumor.


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Asbestos disease victim goes to court

VICTIM of asbestos-related cancer has launched a high court legal battle against the government for compensation of up to £200,000.

David Parker (67) has developed malignant mesothelioma, a terminal cancer of the tissues surrounding his lungs, according to a high court writ.

It relates to his job as an executive officer at the Prestwich Unemployment Benefit Office in the Longfield, where he was exposed to deadly asbestos dust and fibres.

Now Mr Parker, of Prenton Way, Walshaw, Bury, is claiming damages from the secretary of state for work and pensions, whom he blames for his condition.

The writ says he developed mesothelioma after being exposed to asbestos when he worked as a civil servant for the secretary of state's predecessors, the Ministry of Labour, between 1967 and 2000.

The office was subdivided with asbestos partitions, which were in poor condition, and between 1978 and 1984 the office underwent major refurbishment, when the partitions were demolished and false ceilings fitted, it is alleged.

Mr Parker says conditions were dreadful, and that it was very dusty, and that asbestos was released into the air as the partitions were demolished. Elsewhere in the building there was asbestos, on the boiler and pipework, and he thinks it likely that this too produced asbestos dust, which he inhaled.

At the end of the refurbishment work, he was given a letter on June 12, 1984, confirming that asbestos had been found inside the office, the writ claims.

It says that he became breathless in June 2006, and then developed chest pain. His condition of malignant mesothelioma was diagnosed in February 2007, and he is undergoing chemotherapy but the writ claims the disease is expected to cut his life short by around 14 years.

Mr Parker accuses the secretary of state of negligence and breach of statutory duty and says this caused his illness. He says there was a failure to provide a safe place or system of work, failure to warn him of the dangers of asbestos, and failure to keep his workplace properly ventilated.

SOURCE

Data affirm benefit of Alimta for patients with malignant pleural mesothelioma

Mesothelioma :: Data affirm benefit of Alimta for patients with malignant pleural mesothelioma

Data from two large, open- label studies show patients experienced one-year survival rates above 50 per- cent when treated with ALIMTA(R) (pemetrexed for injection) or ALIMTA-based regimens for malignant pleural mesothelioma (MPM) in both a first-line and second-line setting.

The study results affirm important efficacy and safety benefits for Eli Lilly and Company's ALIMTA, the only-known agent to demon- strate a survival benefit in this often difficult-to-treat disease primarily associated with exposure to asbestos.

The data were presented at the 12th World Conference on Lung Cancer.

One of the largest studies undertaken in the treatment of mesothelioma, the triple-arm, open-label, multicenter, first-line study (WCLC Abstract # C5-01) treated patients with ALIMTA as a single agent, while the other two arms evaluated ALIMTA in combination with either cisplatin or carboplatin. All three arms demonstrated clinically similar one-year survival rates (58.6% for ALIMTA alone; 63.1% for ALIMTA+cisplatin, and; 64.0% for ALIMTA+carboplatin). The ALIMTA plus platinum combination arms achieved higher response rates than ALIMTA alone (10.5% for ALIMTA; 26.3% for ALIMTA+cisplatin, and; 21.7% for ALIMTA+carboplatin). All 2,023 patients treated in the first-line setting had a histologic or cytologic diagnosis (pa- tients cells were reviewed under a microscope) of MPM that was not amenable to curative surgery.

An open-label, multicenter study (WCLC Abstract # C5-03), evaluated the results from 988 patients who were treated in a second-line setting for MPM with ALIMTA as a single agent, ALIMTA+cisplatin or ALIMTA+carboplatin after being previously treated with chemotherapy. All three arms demonstrated a significant one-year survival rate (54.7% for ALIMTA alone; 67.9% for ALIMTA+cisplatin, and; 65.5% for ALIMTA+carboplatin). Patients treated with ALIMTA in combination with a platinum-based chemotherapy demonstrated higher response rates (12.1% for ALIMTA; 23.8% for ALIMTA+cisplatin, and; 16.8% for ALIMTA+carboplatin). The most common grade 3/4 toxicities on both studies were leukopenia, neutropenia, thrombocytopenia and anemia.

"The initial clinical trial results for ALIMTA in malignant pleural meso- thelioma were definitely considered a medical breakthrough when they were unveiled just three years ago," said Richard Gaynor, M.D., vice president, cancer research and global oncology platform leader for Lilly. "It is encouraging that these open-label studies show real world patient treatment outcomes that are consistent with those from the controlled clinical research environment. In my opinion, this is clinically meaningful information to the practicing oncologist."

ALIMTA was approved by both the European Medicines Agency (EMEA) and the U.S. Food and Drug Administration (FDA) in 2004 in combination with cisplatin for the treatment of MPM. To date, ALIMTA has been approved in more than 85 countries in combination with cisplatin for the treatment of MPM.

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Senate passes Murray bill to ban asbestos

Sen. Patty Murray has looked into the eyes of too many people who would die from exposure to asbestos.

Thursday, the Senate voted unanimously to pass Murray's ban on the importation of asbestos, which still is found in more than 3,000 consumer products. If approved by the House and not vetoed by the president, the United States will finally join more than 40 other nations that have banned the cancer-causing material.

Lots of tears were shed during Murray's six-year battle to get support for the ban. The Washington Democrat and her staff talked to George Biekkola, a taconite miner from the Michigan Iron Range. They talked to Les Skramsted, who sucked in his lethal dose of asbestos from the vermiculite mine in Libby, Mont. When they, and many others, died, she talked to the widows. Lots of widows, she said.

With an intensity that bordered on obsession, Murray and her staff became experts on asbestos, where it came from and how it killed.

Her schedule shows more than 100 meetings on issues surrounding the ban with labor leaders, lobbyists, lawyers, industry leaders and physicians -- government and civilian -- who were tired of watching their patients die deaths that shouldn't have happened. Murray needed to learn and then to teach.

She met with families in Washington whose homes were insulated with asbestos-tainted vermiculite and listened to their fear of what harm has been done to their families.

She spoke to the children of a brake mechanic from Seattle whose father died of asbestos disease. Her staff had a hard time explaining to the two teenagers why brakes still contained asbestos.

Corporate opposition to Murray's efforts was enormous.

"When you go after an issue like this, you're fighting a lot of big-time money. Lobbyists for manufacturers, the sand and gravel folks, people with commercial interest and a lot of clout fought this," Murray said. "I wasn't surprised that many other (lawmakers) didn't want to get involved because they thought it was impossible."

Early in the fight, the White House did all it could to stymie discussion, let alone passage of the ban. Murray's efforts were a victim of collateral damage from a three-year Republican effort to pass legislation favored by President Bush that would have prevented people injured by exposure to asbestos from suing the companies involved.

For the past seven months, Murray said, she worked closely with Republican Sen. Johnny Isakson of Georgia. He convinced Republicans of the importance of the ban, she said.

Murray says she's sure it will become law.

"The House leadership said it was waiting for us to act, and I expect them to move quickly," she said. "And, I have not heard a word from the president about vetoing the bill. We worked for months addressing every possible objection and I think the White House would have a very hard time vetoing this."

She said the ban would be the best thing she has accomplished "because it will save lives. Lots of them."

Murray says that two years after her bill is signed into law, there will be no asbestos in hair dryers or brake products or ceiling tiles or 3,000 other imported products.

Among the many demands in the legislation is the banning of the importation, manufacture, processing and distribution of products containing asbestos. It orders the Environmental Protection Agency to ensure asbestos products are off the shelves within two years of the bill's enactment.

It would create a $50 million "Asbestos-Related Disease Research and Treatment Network" of 10 new centers dedicated to finding better treatment, earlier detection and methods of preventing asbestos-related disease.

It says the EPA shall conduct a public education campaign to increase awareness of the dangers posed by products containing or contaminated by asbestos, including in homes and workplaces.

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