Mesothelioma Foundation

Documents You Might Need

2007-09-24T08:37:00.001-07:00

When faced with a diagnosis of cancer, doctors will often recommend that a patient ensure that his or her affairs are in order. Having the proper legal documents in place is critical to ensure that you get the type of care you want and need, and to make sure that your wishes are carried out. It also helps to make the process easier on your family members. The following list outlines the documents you might need.

Durable Power of Attorney

A power of attorney is a document in which a person gives another person the legal authority to act for him or her. That person is called an “attorney in fact” or an “agent,” and the person signing the Durable Power of Attorney is called the “principal.” A person could name a spouse, adult son or daughter, relative, or trusted friend as their agent. The actions of the agent are legally considered to be the principal’s actions. The agent can be given broad power of attorney to make decisions and handle all aspects of the principal’s affairs, or limited power to act on their behalf in certain instances only.

Most people are not aware that a simple power of attorney is revoked, and the agent’s power to act as principal ends, if the principal becomes incapacitated. With a durable power of attorney, an agent may continue to act on the principal’s behalf even after the principal becomes incapacitated. If the power of attorney so provides, the agent can use the principal’s funds to pay bills, contract for hospice services for the patient’s care, and take care of other needs. An attorney can help your loved one prepare a durable power of attorney under the laws of his or her state.

A durable power of attorney for health care, also known as the health care agent or proxy, is an individual appointed by your loved one to make decisions about his or her medical care if he or she becomes unconscious or can no longer speak for himself or herself. A health care agent can be assigned as part of the advance medical directive form.

Advance Medical Directive

An advance medical directive informs a person’s physician and family members what kind of care he or she wishes to receive in the event that he or she can no longer make his or her own medical decisions. Your doctor or hospital may have a form complying with the laws of your state that you can complete.

Living Will

A living will is a type of advance medical directive that outlines what kind of medical treatment you want in certain situations. It only comes into effect if the person is diagnosed with a terminal illness and has less than six months to live, or if the person is in a persistent vegetative state. A living will does not, however, allow you to name someone to make decisions on your behalf.

Do-Not-Resuscitate Order

A do-not-resuscitate order (DNR) is a signed order directing that no cardiopulmonary resuscitative efforts (efforts to start the heart after it has stopped) are to be undertaken in the event that the person’s heart stops beating or he or she stops breathing. A DNR can be part of an advance directive.

Last Will and Testament

A last will and testament is a statement of what a person wants done with their estate after their death. It names the “executor” of the estate, or the person responsible for ensuring that these wishes are carried out and for concluding the affairs of the estate. It also names those people who are to receive the assets of the estate. If a person dies without a will that is valid under the laws of their state, their estate will be divided according to state law, typically to the spouse and/or children of the deceased.

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Community-based Support Groups

2007-09-24T08:36:00.001-07:00

Your hospital or local United Way may be a resource for finding a support group in your area. Here are some national organizations that might also help you find a local support group:

American Cancer Society
This well-known organization’s Web site provides links to American Cancer Society support groups in locations around the country.

Anderson Network

The Anderson Network is a cancer support group of more than 1,300 current and former patients. It also offers a patient and caregiver support line at 1-800-345-6324.

Cancer Hope Network

This non-profit organization provides free and confidential one-on-one support to cancer patients and family members with trained volunteers who have themselves undergone a similar cancer experience. They can also be reached toll-free at 877-HOPENET.

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Online Support Groups

2007-09-24T08:35:00.000-07:00

Online groups provide many of the same benefits as traditional support groups. They are particularly beneficial to those who are largely homebound or who live in a rural community, and those who might otherwise feel isolated and alone in their caregiving role. A caregiver who cannot leave home can be a contributing member of an online group at any time and in any place.
Here are some online support groups that may be helpful to you.

Mesothelioma News Forum

(IN DEVELOPMENT) This forum will be dedicated to the discussion of a variety of issues related to mesothelioma, including treatment options for the disease. It includes a special forum for caregivers of mesothelioma patients to share their experiences and support one another.

OncoChat

This online support group for cancer patients, family and friends is a place to get to know others and share your experiences and concerns.

Association of Cancer Online Resources

ACOR is a collection of online communities designed to provide accurate and timely information in a supportive environment.

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Where Can I Turn for Support?

2007-09-24T08:34:00.001-07:00

Support groups are available to people dealing with a variety of life’s challenges. According to an article in the textbook Psychiatric Nursing, over 20% of Americans have participated in some type of self-help group. With online support groups increasing in number, the percentage is growing rapidly. Chances are good that a support group exists in your community or on-line that can help to provide you the support you need.

Support groups may provide several benefits:

A safe, non-judgmental atmosphere for sharing feelings
A social outlet for connecting with others facing similar situations
A source of reliable information-sharing
A place to learn how others have coped with challenges similar to the ones you are facing
Support from others who understand from personal experience what you are going through
The reassurance that you are not alone

There are many types of support groups, including groups of caregivers, groups with a focus on a particular disease such as mesothelioma, and family-centered groups.

Characteristics of a successful group may include some or all of the following:

A caring atmosphere and trust among members
A mix of participants
Clear structure and purpose
Agreement on group rules, including confidentiality
A good facilitator

Below are some sources of support groups that may be of help to you. For more information about cancer support groups, see the National Cancer Institute’s “Cancer Support Groups: Questions and Answers.”

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Questions to Ask Your Doctor

2007-09-24T08:32:00.000-07:00

Talking to your doctor can be difficult if you have cancer. No matter what your diagnosis, simply hearing about it can leave you feeling frightened or overwhelmed. Fortunately, there are several things you can do to make communicating with your doctor easier.

Studies have shown that clear communication between doctor and patient can help you feel better about your choices, and can even improve the quality of care you receive.

Remember that you are the consumer.

As a patient, it is important to remember that you are a consumer of health care. Just as you would not purchase a car without asking questions, neither should you be afraid to ask questions about your doctor or your treatments. The way to begin making difficult decisions about health care is to educate yourself. The following are some tips that will help you talk to your doctor:

Bring someone with you. It may not seem necessary, but it is a good idea to bring someone with you when you have an appointment. It is always helpful to have support, a second set of ears, and another person to think of questions.
Write out a list of questions beforehand. When you are discussing something as important as your health, it is easy to become nervous or upset. A list will help you remember important questions. Make them specific and brief because your doctor has limited time. Ask your most important questions first.
Write down the answers you get. Writing down answers will help you remember your doctor’s responses and instructions, and will help you understand as much later as you did during the visit.
Make sure you understand what you are saying and hearing.
When you are talking to your doctor, use “I” statements. For example, the phrase “I don’t understand…” is much more effective than “You’re being unclear about…”
Also, don’t be afraid to be assertive. If you don’t know what a word means, ask about it. Remember to make your questions specific and brief. If there is something you can’t understand or resolve, ask your doctor if there is some other time that you can discuss it in more detail.
Finally, if something seems confusing to you, try to repeat it back to your doctor. For example, “You mean I should. . . .” If you think you will understand better with pictures, ask to see X-rays, slides, or have the doctor draw a diagram.

Questions That Can Help in Cancer Treatment and Follow-Up

Here are some questions that you may want to ask your doctor or nurse. They will help you begin to learn about how treatment will affect you.

What is the recommended treatment?
How often?
What are the side effects?
What are the benefits vs. the risks?
Are there treatment choices?
Is there anything else I should be asking?
Is there anything I can read about this?

Sources of Information

Most doctor’s offices and treatment centers have pamphlets and brochures on cancer and cancer treatment. If not, other places you may look are centers for medical consumers, pharmacies, or health food stores. Your local library will have medical journals and reference books. You can also call CancerCare at 800-813-HOPE (4673) for informative materials on cancer related subjects.

There is an enormous amount of information about cancer on the Internet. CancerCare’s Web site (www.cancercare.org) provides links to high quality and comprehensive sources of information for all cancer diagnoses and treatment concerns. If you don’t have a computer, most libraries can help you gain access to the Internet.

CancerCare’s free publication, “A Helping Hand: The Resource Guide for People with Cancer,” features over 100 pages of regional and national nonprofit organizations that are available to assist you and your family in finding help and information to meet your specific needs. Call CancerCare at 800-813-HOPE or request a copy of the guide via e-mail at info@cancercare.org.

Besides your doctor, use your entire health care team — nurses, social workers, and medical personnel — as resources.

The most important thing to remember: Talking will help you get better care and improve the quality of your life.

Ed. Source: CancerCare

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For the Patient

2007-09-24T08:27:00.000-07:00

Support for Mesothelioma Patients

If you have been diagnosed with mesothelioma, help and support is available. In these pages you will find helpful articles about communicating with your doctor, finding support groups, listings of on-line and community support groups, and other Internet resources that may be helpful to you. Please also feel free to contact Carol Watkins, R.N., of our office if we can help to put you in touch with organizations to assist you. Carol can be reached at 800-222-2766 and is always happy to be of service.

Questions to Ask Your Doctor

Where can I Turn for Support?

Documents You Might Need

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Board decides that North Miami affordable housing project will continue despite thousands of tons of asbestos-contaminated soil at the site

2007-09-24T08:25:00.000-07:00

On Monday, the Miami Community Redevelopment Agency (CRA) Board decided that development of Pioneer Gardens, the North Miami affordable housing project, will continue despite the fact that developers recently found thousands of tons of soil contaminated with asbestos. The CRA board rejected its residents’ advisory committee’s recommendation that the project be shut down. Because the city gave the property to the CRA, the CRA Board recognized that it would have to clean up the property whether or not the project continued. The Miami-Dade Department of Environmental Resource Management will be consulted in developing the remediation plan. The CRA is likely to seek funding from the state or the county to assist in the asbestos removal. When it is completed, Pioneer Gardens will provide 136 affordable housing units. The project is scheduled for completed by 2009, and it is not yet clear how much clean-up of the contaminated soil may delay the project.

For the full story, go to http://www.miamiherald.com
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Two biggest buildings in downtown Bells, Texas will be demolished as soon as asbestos abatement is completed

2007-09-24T08:22:00.000-07:00

The two largest buildings in downtown Bells–the old Bells High School and gymnasium combination–will soon be gone. Both buildings have been empty for more than 10 years. Asbestos is being removed from the buildings now, and demolition must wait until the asbestos abatement is finished to avoid hazardous exposures to the community. Some pieces of the gym floor were saved as memorabilia and sold. For the most part, however, the structures were beyond salvage because of the damage done by weather and vandals over the last decade, making the buildings too expensive to renovate as the owner originally planned. The next use for the property has not yet been determined.

For the full story, go to http://www.heralddemocrat.com

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Residents of a Chicago high rise are forced to evacuate after asbestos was disturbed during renovations

2007-09-23T06:19:00.001-07:00

People living in a high-rise building at 2930 N. Sheridan Rd. in Chicago’s Lakeview neighborhood were abruptly ordered to evacuate on Thursday after asbestos-containing pipe insulation was disturbed during renovation. The building cannot be reoccupied until air testing shows that all areas of the building are safe. It appears that tenants will need to find another place to live for at least a few weeks. The immediate evacuation was required because inhalation of asbestos fibers, released when asbestos-containing insulation is disturbed, can cause mesothelioma, a cancer that attacks the lining of the lungs or abdomen, and other diseases.

For the full story, go to http://www.chicagotribune.com

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Appellate court rules that "knowing endangerment" charges must be reinstated against W.R. Grace and its executives for asbestos contamination of Libby

2007-09-23T06:18:00.000-07:00

The U.S. Ninth District Court of Appeals has ruled that criminal charges for “knowing endangerment” can be reinstated against W.R. Grace & Co. along with seven Grace executives. Federal prosecutors have alleged that, through the operation of its vermiculite mine between 1963 and the early 1990s, W.R. Grace and certain Grace executives deliberately exposed 8,000 people in Libby, Montana to dangerous levels of airborne asbestos, which has caused an epidemic of mesothelioma and other asbestos-related diseases. Last year, a federal district court judge in Missoula, Montana dismissed the knowing endangerment charges, ruling that the charges were barred by the statute of limitations. The knowing endangerment charges are the most serious charges the Dept. of Justice has brought against W.R. Grace and its executives, and a conviction could mean 15 years in prison for each count.

For the full story, go to http://www.spokesmanreview.com

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Ely Lilly asks European authorities to approve Alimta, already accepted for treatment of mesothelioma, for first line treatment of non-small cell lung

2007-09-23T06:17:00.000-07:00

Pharmaceutical manufacturer Eli Lilly and Co. is seeking approval from European authorities for use of its drug Alimta as a first-line, or initial, treatment option for non-small cell lung cancer, the most common type of lung cancer. The drug was approved in 2004 as a first-line treatment for malignant pleural mesothelioma when given in combination with cisplatin and as a second-line treatment for non-small cell lung cancer. Eli Lilly’s application relies on a study that shows that Alimta plus cisplatin is similar in effectiveness to another common cancer treatment but was less toxic to study participants.

For the full story, go to http://money.cnn.com

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New Therapies

2007-09-23T06:15:00.000-07:00

Researchers, doctors and others are constantly on the lookout for innovative methods for treating mesothelioma. The following treatment innovations, though not cures for mesothelioma, are promising new ways of helping to treat the disease.

Alimta
Alimta, when given with another chemotherapy drug called cisplatin, is a chemotherapy drug recently approved by the FDA for the treatment of patients with malignant pleural mesothelioma.
Photodynamic Therapy
Photodynamic therapy uses special drugs and a special type of light to kill cancer cells during surgery. A drug that makes cancer cells more sensitive to light is injected into the patient’s vein several days before surgery. During surgery, a special light is used to locate the cancer. This treatment is being studied for early stages of mesothelioma.
Immunotherapy
This type of treatment harnesses the body’s own immune system. Immunotherapy is currently being researched as a treatment for mesothelioma.
Gene Therapy
In studies of gene therapy for cancer, the goal is to increase the body’s natural ability to fight mesothelioma directly or to make the cancer cells more sensitive to other types of therapy.
Brachytherapy
Brachytherapy is radiation therapy applied from within the body as opposed to from outside the body. Radioactive sources are put in or near the site of the cancer, giving a high radiation dose to the tumor while reducing radiation exposure to surrounding healthy tissues. This precision can help reduce side effects.
Clinical Trials
During a clinical trial or clinical research, researchers are studying human volunteers in an effort to answer specific health questions. Clinical trials help discover treatments that are effective in people as well as ways to improve health. Interventional trials help determine whether new treatments or new ways of using existing therapies are effective and safe under controlled environments. Observational trials are designed to address health concerns in larger groups of people or even in populations in natural settings. If you are interested in becoming part of a clinical trial, consult your doctor to find out if this would be an appropriate option in your case. For additional information about clinical trials, visit http://www.clinicaltrials.gov/ct/info/whatisTypically, clinical drug trials are conducted in phases:

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California Mesothelioma Lawyer & Mesothelioma Attorney Facts

2007-09-21T08:07:00.000-07:00

Mesothelioma is a devastating form of cancer, but also rather uncommon. This disease stems from the inhalation or ingestion of asbestos particles. These particles can pierce the lungs, intestines and even heart. Particularly these particles irate the mesothelium, a protective sack that secrets fluids allowing organs to move properly. In addition, the mesothelium can develop cancerous tumors which can essentially spread throughout the body. Most people diagnosed with mesothelioma only live for around five years after the condition develops.

Mesothelioma primarily affects three organs of the body. Affected areas include the lungs, the gastrointestinal tract and the heart. The most common form of mesothelioma is pleural mesothelioma. The second most common form of mesothelioma is peritoneal mesothelioma which destroys the stomach & intestines. The rarest form of mesothelioma is called pericardial mesothelioma, which attacks the membrane lubricates in the heart during circulation.

There is currently no cure for mesothelioma, but victims of this terrible disease still have many options available for support. In addition to support from family & friends, it is also important to get legal support. Mesothelioma victims have many legal options to explore and it is very important that you contact a qualified mesothelioma lawyer as soon as possible.

To learn more about California mesothelioma diagnosis, specifically Los Angeles mesothelioma and Orange County mesothelioma, please visit our website at http://www.san-diego-mesothelioma.com

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Who's At Risk

2007-09-21T08:03:00.002-07:00

The use of asbestos has exposed thousands of unsuspecting workers and their families to this toxic substance. The United States Occupational Safety and Health Administration (OSHA) has stated that it is aware of no instance in which exposure to a toxic substance has more clearly demonstrated deleterious health effects than has asbestos exposure. From 1940 through 1970, approximately 27.5 million individuals had potential asbestos exposure at work. Such a figure is not surprising when one considers that by one estimate, 1.2 billion square feet of asbestos-containing insulation can be found in 190,000 buildings in the United States. It has also been estimated that the number of workers exposed as a consequence of asbestos brake and clutch work is about 900,000.

Workers may be exposed to asbestos in a wide range of job sites and trades, ranging from milling and mining to manufacturing and consumer industries. According to one estimate from the Asbestos Information Association, there are over 3,000 discrete uses of asbestos. These uses have resulted in exposures to through the mining and milling process, in primary and secondary manufacturing of asbestos-containing products, in shipbuilding and repair, and in construction.

Hazardous exposures to asbestos may have also occurred from off-site releases from the mining, milling and manufacture of asbestos products. Such releases may have exposed residents in nearby communities. According to estimates, off-site release from construction sites has resulted in environmental asbestos levels approximately 100 times greater than the levels that naturally occur in the environment.

Additionally, contamination of homes may occur by employees bringing home asbestos contaminated clothing from the workplace. This may expose innocent members of the worker’s family to asbestos. Some believe that the most important current source of non-occupational exposure is the release of fibers from existing asbestos-containing surface materials, such as those in schools, residences and public buildings.

Age Groups

Mesothelioma cancer can have a long latency period between the time of exposure to asbestos fibers and the onset of the actual injury or disease. The latency period can be anywhere between 15 and 50 years, and sometimes even longer. There are also documented cases of mesothelioma cancer with latency periods of less than 15 years. So, a person only recently diagnosed with mesothelioma was probably exposed to asbestos fibers many years ago.

As reported by the National Cancer Institute, there are about 3,000 cases per year of malignant mesothelioma being reported in the USA. The occurrence of mesothelioma appears to be increasing. Mesothelioma is detected in three times as many men than women. For men, the incidence is 10 times higher for men between the ages of 60 and 70 as compared to men between the ages of 30 and 40. Job site exposure to asbestos in America is estimated to have occurred in about eight million workers over the last five decades.

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What is Asbestos?

2007-09-21T08:03:00.001-07:00

Asbestos is a naturally occurring mineral, which is typically divided into two mineralogical groups, but not all varieties of asbestos are used commercially.

The amphibole family includes crocidilite (also known as “blue asbestos”), amosite (also known as “brown asbestos”), tremolite, anthophyllite and actinolite. Among the various types of amphibole fibers, only crocidilite and amosite were used commercially. However, the “noncommercial” amphibole fibers (tremolite, anthophyllite and actinolite) are present as contaminants in commercially used products that include chrysotile asbestos, vermiculite and talc.

The other mineralogical group of asbestos is the serpentine group, and includes only the chrysotile variety of asbestos. Despite its hazardous properties, chrysotile was immensely popular with industry and accounts for over 90% of the asbestos used commercially in the United States.

Source: Pathology of Asbestos-Related Disease (Victor L. Roggli et al. eds., 2004)

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Mesothelioma and Lung Cancer

2007-09-21T08:02:00.001-07:00

Pleural mesothelioma and lung cancer are both serious illnesses, but they are not the same. Pleural mesothelioma – sometimes called “asbestos lung cancer” – is really not a form of lung cancer, but a cancer of the lining that surrounds the lung.

A main difference between lung cancer and mesothelioma is that lung cancer is in the tissue of the lung. By contrast, pleural mesothelioma occurs in the lining around the lung.

Smoking is often considered a primary cause of lung cancer, while asbestos exposure is considered a primary cause of mesothelioma. Asbestos exposure may also be associated with lung cancer. Smoking is not linked to mesothelioma, however. Those exposed to asbestos and who smoke are as much as 90 times more likely to be develop lung cancer than those who don’t smoke.

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Sensor may be able to detect markers for certain cancers, including mesothelioma, in a drop of blood

2007-09-21T08:00:00.000-07:00

Using the same technology that makes a quartz watch work, graduate students at the Georgia Institute of Technology have developed a tiny sensor that can find cancer markers in a just a drop of blood. The ACuRay chip, as the inventors have called it, hums when an electrical current runs through it. The ACuRay chip has man-made antibodies attached to tiny electrodes, which attract and hold on to very specific molecules that are markers for certain types of cancer. When the antibodies attach to the specific cancer markers, the pitch of the sensor’s hum changes. The experiments performed so far used a man-made antibody that attracts and attaches to mesothelin, a marker for mesothelioma (asbestos-related cancer of the lining of the lungs or abdomen), ovarian cancer and pancreatic cancer. The sensor is not ready for practical applications yet, but the investors believe that, in addition to cancer screening, it may someday be valuable to detect other types of disease and to monitor the effectiveness of treatments.

For the full story, go to http://www.webmd.com

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New York City Council looks at problems in community notification during disasters and how to improve communication

2007-09-21T07:59:00.001-07:00

The New York City Council is holding a hearing to address the problems that arose in community notification during and after the fire at the former Deutsche Bank building and how communications can be improved in the future. A key area of concern is how community members can get information on whether the air in their neighborhood is safe to breathe. Both after the Deustche Bank building fire and after the Midtown steam pipe explosion in July, people who lived and worked in the area were concerned about asbestos exposure, but found it hard to get the information they needed.

For the full story, go to http://www.ny1.com

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Community concerned about health consequences of possible asbestos release in Greenville, South Carolina

2007-09-21T07:58:00.000-07:00

In Greenville, South Carolina, people are concerned about asbestos being released into the community, and state inspectors are being asked to investigate. A recent fire at a former Head Start center covered the community in smoke. And because asbestos had not been removed from the building, it is feared that the smoke spread asbestos fibers and could have exposed community members to high levels of asbestos and caused a public health hazard. The scheduled demolition of the Jesse Jackson Townhomes in the same area have prompted additional concerns about the possibility of a future asbestos release. The issue will be discussed at a community meeting on Sept. 27.

For the full story, go to http://www.wyff4.com

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Hospital district in Eunice, Louisiana may be ordered to remove asbestos and demolish abandoned hospital

2007-09-21T07:56:00.001-07:00

The old hospital in Eunice, Louisiana has been abandoned for two years, but the parish hospital district has not torn down the building because removing the asbestos would be too expensive. Asbestos must be removed before a building can be demolished to avoid releasing the toxic fibers into the air and exposing members of the community. Since the building has been empty, vagrants have moved in, and scavengers have gone in to take copper tubing from the building. The mayor has issued a citation for the chairman of the hospital district to appear in court on October 29, when the court will decide whether to order that the hospital building be demolished.

For the full story, go to http://www.klfy.com

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What Asbestos Companies Knew or Should Have Known

2007-09-21T07:52:00.000-07:00

Asbestos exposure has been the greatest tragedy ever to hit American workers: it kills approximately 10,000 Americans every year. Some companies that once made asbestos-containing products sometimes claim that they were unaware of the risks of asbestos and did not know that their products would kill and injure people. They argue that, if they did not actually know about the dangers of their products, they should not be held responsible for the harm their asbestos products caused to generations of Americans. But according to the law in most states, manufacturers have a duty to the public to know the risk of their products and take measures to protect the public from those risks.

The law says that manufacturers are treated as experts on their products. They are assumed to know anything that the scientific community knows relevant to their products; they are expected to test their products, and they are required to make their products safe or to warn about the dangers so consumers can take steps to protect themselves. Manufacturers are in the best position to investigate potential dangers of their products and to make them safe. But if they were responsible only for the dangers they actually knew about, there would be no incentive for them to investigate and recognize hazards in their products. They would be better off knowing nothing, and the people injured by their products would pay the price. Companies cannot be allowed to profit from ignoring potential hazards of the products they sell to the public.

So what was known about the risk of asbestos and when was it known? In 1898, British factory inspectors recognized the asbestos exposure was a health risk for workers. More than 100 years ago, in 1906, a London physician found asbestos fibers in the lungs of a worker who died from pulmonary fibrosis—scarring in his lungs. And in 1912, scientists used animal studies to show that asbestos inhalation causes pulmonary fibrosis. The U.S. Bureau of Labor Statistics reported in 1918 the “unusually high death rate” among asbestos workers.

By the 1920s, asbestosis was receiving increased attention from scientists. A series of papers appeared in British Medical Journal in 1924 on asbestosis—the disease named for the mineral that causes it. In 1930, two scientists, Drs. Merewether and Price, published a historic report on the asbestos textile industry and found a “definite occupational risk among asbestos workers as a class.” Highlights from the Merewether and Lewis report were republished in two prominent medical journals, the Journal of the American Medical Association (JAMA) and Lancet, including the astounding finding that “80% of asbestos workers employed for 20 years or more develop asbestosis.”

In the 1930s, scientists began to connect asbestos and cancer. Following the publication of several articles between 1933 and 1936 connecting asbestos exposure with cancer, German physicians identified lung cancer as an occupational disease of asbestos workers in 1938. And by 1945—more than 60 years ago—it was accepted by the medical and scientific communities “in all countries” that asbestos is a carcinogen. In 1955, an important study showed that asbestos exposure increases a worker’s risk of lung cancer ten times. The link between mesothelioma and asbestos was reported in 1960.

Finally, in 1964, Dr. Irving Selikoff presented a now famous study of insulators at a well-attended conference in New York City. This study broke through the scientific and medical community and brought the scientific information about the health hazards of asbestos straight into the popular press. By that date, however, there were already over 700 articles in the medical and scientific literature on the health effects of asbestos.

Despite what was known about the dangers of asbestos exposure, world-wide asbestos mining and production grew rapidly in the 1960s and 1970s until it reached a peak of 45,000,000 tons around 1980. Maybe even more shocking, world-wide asbestos mining and production in 2000 was more than 20,000,000 tons—higher than it was in 1960.

The truth is, many asbestos manufacturers knew a good deal about the risk of asbestos exposure but tried very hard to keep that information private. Some companies paid for scientific research but claimed ownership of it to prevent its publication, for example. Some companies “requested” that any information on the hazards be kept confidential and not published. Other companies decided to take what Johns-Manville called an “ostrich-like attitude which has been evidenced from time to time by some members of the Industry”—in other words, choosing to hide their heads in the sand and ignore the risks their products could cause. But none of these companies was innocent.

Asbestos workers and their families understandably were not looking for articles on asbestos in JAMA and Lancet, but the asbestos companies were, or certainly should have been. With more than 700 articles available in the medical and scientific literature before 1964, it would be bad policy indeed to reward companies for ignoring this evidence, to the extent they did or could. And the law will not reward companies for taking an “ostrich-like attitude.” Companies owe it to the public to look for information on their products, to know the dangers, and to make those products safe or warn consumers of the risk. The question we should ask is not simply what did the manufacturers actually know, but rather what did scientists and experts know? What should the manufacturers have known to satisfy their duty to the public?

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Contingency fees keep the courthouse doors open

2007-09-21T07:51:00.000-07:00

People who have been hurt and need legal help are often at their most vulnerable. The legal system can seem confusing and mysterious. What’s more, people are often concerned about how much it will cost them to hire a lawyer. Worried that they will be charged hundreds of dollars an hour, some people put off talking to a lawyer, or even seeking legal help at all, if they have been wrongfully harmed.

But some lawyers, like the mesothelioma attorneys at Baron & Budd, don’t get paid for their legal services unless their clients receive compensation. Instead, they receive a “contingency fee”—a percentage of the total recovery from settlements or a court judgment. Contingency fees are sometimes the only way many people who could not otherwise afford an attorney get the legal help they need and deserve.

Under a contingency fee contract, your attorneys will file your case for you and pay all the costs associated with litigating your case (like filing fees, expert witness fees, etc.). Only if you recover money, the attorneys receive payment for their services as a certain percentage of the amount recovered in the lawsuit. Your attorneys would also be reimbursed the expenses of the litigation that they paid on your behalf. Depending on state law, if you do not recover money through your lawsuit, your attorney may even agree not to be reimbursed for the money they spent on your case. In this way, a contingency fee agreement allows you to hire an attorney without any out-of-pocket cost to you.

The contingency fee has a long and respected history in this country as a way to level the playing field between injured people and mammoth corporations. Judge Michael Musmanno of the Pennsylvania Supreme Court, who also served as a judge in the Nuremberg trials, wrote over 40 years ago about the importance of contingency fees in protecting the injured from the powerful and wealthy:

If it were not for contingent fees, indigent victims of tortious accidents would be subject to the unbridled, self-willed partisanship of their tortfeasors. The person who has, without fault on his part, been injured and who, because of his injury, is unable to work, and has a large family to support, and has no money to engage a lawyer, would be at the mercy of the person who disabled him because, being in a superior economic position, the injuring person could force on his victim, desperately in need of money to keep the candle of life burning in himself and his dependent ones, a wholly unconscionably meager sum in settlement, or even refuse to pay him anything at all. Any society, and especially a democratic one, worthy of respect in the spectrum of civilization, should never tolerate such a victimization of the weak by the mighty.

Richette v. Solomon, 187 A.2d 910, 919 (Pa. 1963).

Contingency fee agreements help keep the courthouse doors open to everyone who has been injured or wronged, regardless of their financial circumstances. The mesothelioma lawyers at Baron & Budd are proud to represent our clients under contingency fee contracts so that they need not fear that protecting their rights is beyond their means.

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Mesothelioma and Asbestos

2007-09-16T07:45:00.001-07:00

Mesothelioma is a rare form of cancer caused by exposure to asbestos. Asbestos is a naturally-occurring fiber that, when released into the air, can be inhaled or swallowed. Asbestos has no smell or taste, and asbestos fibers are so small that they are not visible to the naked eye. Asbestos fibers can “stick” in the lung, abdomen and other body tissues and over time, lead to the development of asbestos-related diseases like mesothelioma. There is a long latency period between asbestos exposure and the development of mesothelioma; in other words, decades may pass after a person’s first exposure to asbestos before he or she becomes ill. A person who has been diagnosed with asbestosis (a non-cancerous scarring of the lungs) is at an increased risk of developing mesothelioma in the future.

Millions of people in the U.S. have been exposed to asbestos, and it is estimated that approximately 3,000 people are diagnosed with mesothelioma each year. In these pages, you will read about asbestos and the common ways in which people have been exposed to asbestos.

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Pain Management

2007-09-16T07:37:00.001-07:00

Here are some suggestions provided by www.cancer-pain.org to help you work effectively with your health care providers in assessing your pain:

Put it in writing. If possible, written notes about your pain (see Pain Diary, below) are valuable in giving accurate and comprehensive information.
Plan to ask questions. It’s important that you fully understand what your health care professional says to you about your pain. Ask questions until you are satisfied that you understand.
Have a notetaker. Sometimes it’s difficult to talk about your pain, ask questions and take notes on what’s being said to you all at the same time, especially if you are in pain. Bringing a friend or family member to take notes during the discussion about your pain can provide a valuable resource for you once the conversation has ended.
Make your views heard. Don’t hesitate to offer an opinion about what may be causing or contributing to your pain. No one knows your body as well as you, and your insights can be valuable to your health care providers.
These are points to consider as you prepare to discuss your pain and its management with your health care providers:
- The location of all of your pains.
- How the pain feels (use descriptive words such as dull, aching, throbbing, stabbing, piercing, pinching, sharp, aching, burning, tingling).
- The intensity of your pain (when it is at its worst) and whether the intensity changes throughout the day and night.
- When you have the pain (all the time or occasionally).
- How quickly the pain comes on (suddenly or intermittently), how long it lasts (a few minutes or several hours), and how often it occurs.
- What makes the pain worse? Describe conditions under which the pain becomes more intense, such as moving, walking, talking, coughing, laying down, eating, going to the bathroom, etc.
- What eases the pain? Be ready to discuss anything that has helped you, including medication(s) you have been using, and the amounts you are taking.
Medications you are taking. Tell them about your pain medications, including any over-the-counter pain relievers, any alternative medications like herbs, and any medications you may be taking for other health conditions not related to cancer.
Side effects of your pain medications. Tell them what side effects you are experiencing, how the side effects are currently being treated, and if you are satisfied with this treatment.
Quality of life issues: What impact does the pain have on your quality of life? Can you work, enjoy your family and friends, eat and sleep well? If not, describe how the pain is limiting your activities. Also, tell your health care provider(s) what you want from pain management in terms of quality of life.
To keep an accurate record of what you are experiencing, consider creating a simple pain diary. You can do this in a notebook, recording information such as the date, time of day, level of pain you are feeling, what you did to remedy or alleviate it (i.e., medications taken, use of ice or heat, and so forth), and the outcome of your efforts to control the pain (Did the medication work? For how long? Were there side effects?)

Many health care professionals also use various “pain assessment scales” to record patients’ levels of pain. You can use this system, as well, in conversation with your health care provider. Make sure you always use the SAME scale when describing your pain, for consistency and clarity. One of the simplest involves describing your pain level in terms of numbers: “0″ means “no pain at all,” and “10″ means “the worst possible amount of pain.” The higher the number, the greater the pain. If your health care provider uses a different assessment measuring approach, you may want to use that one. Ask for an explanation of how she or he records patient pain levels.

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Innovations in Treatment

2007-09-16T07:36:00.002-07:00

Doctors and researchers are always on the lookout for new ways to treat malignant mesothelioma. The following innovations in treatment, while not a cure for malignant mesothelioma, show some promise in helping to treat the disease.

Alimta

Alimta, when given with another chemotherapy drug called cisplatin, is a chemotherapy drug recently approved by the FDA for the treatment of patients with malignant pleural mesothelioma.

Photodynamic Therapy

Photodynamic therapy uses special drugs and a special type of light to kill cancer cells during surgery. A drug that makes cancer cells more sensitive to light is injected into the patient’s vein several days before surgery. During surgery, a special light is used to locate the cancer. This treatment is being studied for early stages of malignant mesothelioma.

Immunotherapy

This type of treatment harnesses the power of the body’s own immune system. Immunotherapy is currently being researched as a treatment for malignant mesothelioma.

Gene Therapy

In studies of gene therapy for cancer, the goal is to improve the body’s natural ability to fight malignant mesothelioma directly or to make the cancer cells more sensitive to other kinds of therapy.

Brachytherapy

Brachytherapy is radiation therapy applied from within the body as opposed to from a machine outside the body. Radioactive sources are placed in or near the tumor, giving a high radiation dose to the tumor while reducing the radiation exposure in surrounding healthy tissues. This precision can help to minimize side effects.

Clinical Trials

A clinical trial (also clinical research) is a research study using human volunteers to answer specific health questions. Carefully conducted clinical trials help discover treatments that work in people and ways to improve health. Interventional trials determine whether experimental treatments or new ways of using known therapies are safe and effective under controlled environments. Observational trials address health issues in large groups of people or populations in natural settings. If you are interested in participating in a clinical trial, talk to your doctor about whether a clinical trial may be an appropriate option in your case.

Phase I

Phase I trials are considered the first step in testing the safety and efficacy of a new drug. Doctors and researchers are trying to determine many things about the drug’s effect on the disease and on the patient. Among the things that researchers are trying to determine are correct dosage, safety profile, and any side effects.

Phase II

At this stage, researchers select a relatively small group of patients to study the specific effects of the pre-determined dosage. Phase II studies also typically focus on a specific type of disease.

Phase III

During Phase III testing, researchers compare the effectiveness of the new, experimental drug against already existing therapies. Usually, patients are randomly assigned to therapeutic groups to cut down on the possibility of human bias. Phase III trials can be large, recruiting patients from across the country.
For more information about clinical trials, visit http://www.clinicaltrials.gov/ct/info/whatis
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