Archive for the ‘Lawsuit Mesothelioma’ Category

Major Consumer Chains Sell Asbestos-tainted Toys

Major Consumer Chains Sell Asbestos-tainted Toys

Copyright (c) 2008 Katie Kelley

During the holiday shopping season of 2007, an asbestos watchdog group known as the Asbestos Disease Awareness Organization uncovered a children’s toy containing elements of asbestos, which is a cancer-causing fiber.

While production of the toy has ceased, an article from The New York Times in April 2008 elaborated on the near forgotten incident. Currently, litigation has been developed in the Los Angeles Superior Court between ADAO and CBS Corporation, Planet Toys Inc. (manufacturers of the CSI Fingerprint Examination Kit) and several retailers for their involvement in the sale of the asbestos-tainted toy. Families affected by the contaminated toy should also consider developing litigation for the exposure of “substantial quantities of tremolite asbestos.”

The ADAO has also continued its testing of other products and found several containing asbestos, including additional children’s toys.

ADAO is an organization that utilizes volunteers, several of whom have either been affected directly by asbestos-related illnesses or have watched friends and family suffer from the diseases, including mesothelioma. The organization funds research that may affect public health, and the group acts as a watchdog for asbestos-tainted products or violations of asbestos policies, which have been set by the Environmental Protection Agency (EPA).

What is Asbestos?

Asbestos is considered a human carcinogen by the federal Department of Health and Human Services and is a “naturally occurring, fibrous silicate mineral,” according to the EPA. Asbestos becomes deadly when microscopic fiber bundles bind and become airborne.

When inhaled, the results can be deadly and severely damage an individual’s body through the development of mesothelioma cancer. In addition to mesothelioma, asbestos can cause lung cancer or asbestosis, in which fibrous tissue scars the lungs.

Asbestos that was mined was used in an array of industries, according to the EPA:

* thermal/acoustic insulator used for fire proofing

* roofing and siding shingles made with asbestos cement

* textured paint and patching compounds used on wall and ceiling joints

* artificial ashes and embers for gas-fired fireplaces

* stove-top pads

* vinyl floor tiles, flooring and adhesives

* asbestos blanket or tape for hot water and steam pipes

* oil and coal furnaces

Asbestos-Affected Children’s Toys

Tracing asbestos can be a difficult process because it is often overlooked, especially since it is not a common ingredient in manufacturing products anymore, although, it was at one time. The ADAO has been testing thousands of products for the contamination of asbestos in toys as well as regular products. Currently, they have determined several toys to have had trace amounts of asbestos including:

* CSI Fingerprint Examination Kit

* Ja-Ru Toy Clay (found among three varieties of the product)

* Art Skills’ Clay Bucket (asbestos found in six colors of clay)

Additionally, there are several other products the ADAO found with asbestos traces that are not directly related to children’s toys, but could still affect a child’s health. One of the major concerns is use of talc baby powder on babies, which could contain small amounts of asbestos. Other products that have been found with asbestos contamination, according to the ADAO, include:

* Scotch High Performance and All Weather Duct tapes

* DAP Crack Shot Spackling Paste

* DAP 33 Window Glazing

* Gardner Leak Stopper

The organization also found that hair rollers, hot plates, powdered cleansers and small appliances were at risk for adversely affecting public health with asbestos fibers. The organization noted that these products are all being sold at national retail chains including:

* Wal-Mart

* Costco

* Toys “R” Us

* Home Depot

* Lowe’s

* Macy’s

* Bed Bath & Beyond


Consumer Affairs, a Web-based consumer news and resource center, issued the following tips to assist parents, relatives and friends with purchasing toys for children, in order to better protect children from asbestos exposure. The list includes the following:

* Be a vigilant shopper and read all warnings that may include a toy breaking, containing small parts or fire and choking hazards.

* Read product reviews that are both done by independent panels and consumers.

* Research information on the most recent product recalls.

* Inspect toys; any toys that are broken should be thrown away.

* Research how, where and when a product was created.

What to do if Your Child is Exposed to Asbestos

If a child is exposed or even may have potentially been exposed to asbestos containing tremolite, it is imperative that medical assistance is sought immediately. Because of the nature of asbestos-induced conditions, if a child is exposed to asbestos and goes untreated as if everything were fine, they could develop mesothelioma cancer years later, which is why immediate medical care is advisable.

Because asbestos exposure among children is considered extremely avoidable, developing a lawsuit for damages incurred may be a necessary step. Victims should located an experienced mesothelioma attorney to learn more about developing a mesothelioma lawsuit.

Mesothelioma Cancer Researchers Eye Biomarkers for Treatments

Mesothelioma Cancer Researchers Eye Biomarkers for Treatments

Copyright (c) 2008 Katie Kelley

A study from the Department of Molecular Pathology at the Polytechnic University of Marche in Acona, Italy recently found that biomarkers within the body may offer early warning signs for mesothelioma victims.

The study focused on biomarkers of mesothelioma cancer and found that biomarkers often form before mesothelioma cancer symptoms appear, which may offer early warnings and potentially a successful treatment for mesothelioma cancer patients, according to the study which was published in a June issue of Mutation Research.

Studying Biomarkers to Help Mesothelioma Treatment

Biomarkers are a type of “biochemically expressed substance” similar to a protein, according to a news report on the study. An effort is being collaborated on by the International Cancer Biomarker Consortium (ICBC) to better address biomarkers as indicators of cancer types such as mesothelioma.

The large-scale effort is similar, according to the ICBC, to the Human Genome Project and uses an array of researchers from around the world to assist in studying the use of the the biomarkers. The Polytechnic study followed 119 individuals who had been previously exposed to asbestos; of these individuals, all exhibited increased numbers of biomarkers compared to individuals who were not exposed to asbestos.

What is Mesothelioma Cancer

Mesothelioma is a type of lung cancer that can develop after an individual is exposed to asbestos fibers or asbestos dust. After an individual is exposed to asbestos fibers, they may begin to develop cancerous cells on the interior lining of the lung. The cancer is often described as one of the only preventable forms of cancer especially since individuals are still being exposed to asbestos in America through improper cleanup and disposal methods. Asbestos can be found presently in an array of buildings including apartment complexes, homes, elementary schools, universities, hospitals and offices.

Unfortunately, individuals continue to be exposed to asbestos fibers because of its existence in many products implemented throughout the country, and because it is too costly to remove all asbestos by the Environmental Protection Agency (EPA), many remain at risk. Additionally, because mesothelioma cancer usually remains dormant for years, it becomes increasingly difficult to diagnose and to successfully treat.

Finding Help for Asbestos Related Conditions Like Mesothelioma

It is important that individuals who may have been exposed to asbestos to contact a medical professional immediately to assess and potentially diagnose their condition. If mesothelioma cancer is diagnosed early on a mesothelioma victim has a better chance of decreasing the risks of fatality commonly associated with the cancer.

In addition to contacting a medical professional it may also be important to contact an experienced mesothelioma attorney to learn about developing a mesothelioma lawsuit, which may result in receiving monetary compensation to pay for expensive mesothelioma medical bills.

The latest on mesothelioma can be found at or at Additionally, victims of truck accident injuries or those needing an Avandia attorney can also use the site to better understand their situation and how to overcome their legal problems.

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Survival May Depend on Race, Study Finds

Survival May Depend on Race, Study Finds

Copyright (c) 2009 Katie Kelley

Researchers have found that disparities may exist between the survival of lung cancer patients between various races, particularly among African Americans who are at a greater risk of fatality following a lung cancer diagnosis compared to those of other races, according to a report from the University of Washington, Seattle researchers.

The study used informational data from 17,739 patients that were of the average age of 75 years old. The data was collected during the time period of 1992 to 2002. Of the patients, approximately 89 percent were of the Caucasian race while only 6 percent were African Americans. According to the research, “black patients recommended to surgery had lung resections less frequently than white patients.”

The report found that as long as African American patients received “recommended appropriate treatment” the disparities shrank considerably, however, that has not been the case thus far, according to a Science Daily news article. Scientists were only able to speculate as to why the disparities occurred between the two races, but reasoned the following differences may be occurring:

* patients may be less inclined to undergo surgery

* patients may be have limited access to appropriate care

* patients may be less likely to visit the physician

However, if these patients had received a proper adjustment or treatment, then “no significant association between race and death” would have occurred, according to the news article.

Lung Cancer Causes

While the Oncology Channel notes that tobacco smoke is responsible for “80 percent of lung cancer deaths in men and 75 percent of lung cancer deaths in women,” there are a significant number of other risk factors that can lead to an individual’s diagnosis of lung cancer. Several risks commonly associated with this include the following:

* secondhand smoke

* asbestos

* radon

* occupational exposures

* age

* race

* sex

* hereditary

It is imperative that in order for a lung cancer patient to receive the best appropriate method of treatment that he/she contact a medical professional at the first signs and symptoms of their potential condition. The following are reoccurring signs and symptoms among lung cancer victims, according to the Mayo Clinic:

* hoarseness

* wheezing

* chest pain

* coughing up blood

* development of chronic cough, also smoker’s cough

* new cough that does not go away

Defining Mesothelioma

Mesothelioma is a deadly form of lung cancer that is caused after the inhalation of asbestos fibers and dust particles has occurred. The New Zealand National Occupational Health and Safety Advisory Committee reported that individuals working in the construction industry, or a similar field, are at the most risk for developing mesothelioma cancer:

* asbestos workers

* auto mechanics

* miners

* millers

* machinery fitters

* boilermakers

* firemen

* waterside workers

* railway workers

* construction workers

Individuals who have worked in any of the above fields or a similar work environment are advised to seek medical attention if any of the above signs and symptoms develop. Additionally, it is important that an individuals suffering from mesothelioma cancer contact an environmental toxin attorney to learn about developing a mesothelioma lawsuit.

It is often necessary to create such litigation as a mesothelioma diagnosis is frequently delivered with expensive treatment options and a short life expectancy. By creating a mesothelioma lawsuit an individual is increasing their chance of receiving monetary compensation as an award for their debilitating condition.

Individuals can obtain more information on the mesothelioma risks by visiting or Here, readers can locate the latest on the peanut butter recall as well as how to garner legal advice from an automobile accident attorney.

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New Gene Test Provides Approximate Survival Rates for Mesothelioma Patients

New Gene Test Provides Approximate Survival Rates for Mesothelioma Patients

According to a study published in the May 6 Journal of the National Cancer Institute(JNCI), scientists have recently devised a test that can accurately predict which mesothelioma patients have the best chance for survival. The test is also useful for identifying which patients would be the best candidates for surgery, another treatment option for mesothelioma cancer.

The test works by identifying the ratios of four genes present in tissue samples of mesothelioma cancer patients and comparing them with samples of tissue from patients who have survived mesothelioma cancer for an extended period of time. The gene test proved to provide consistent and easily repeatable results across different research campuses. Despite different technicians using different instruments in different laboratories, the test showed a high efficacy rate.

The test was devised by Dr. Raphael Bueno, the Associate Chief in the Division of Thoracic Surgery and Director of the Thoracic Surgery Residency Program at Brigham and Women’s Hospital in Boston, Massachusetts. Previously, predicting a patient’s prognosis was an invasive process; according to Dr. Bueno, major surgery was required to adequately predict the outcome. In the interest of creating a more accessible, less invasive, and accurately informative test, Dr. Bueno and his team looked to preexisting cancer tests. Specifically, the team looked at two gene-based testing methods that have been used in predicting breast cancer recurrence. Though this technology has not been widely used due to heavy logistical requirements, the inspiration provided enough incentive to help Dr. Bueno and his team develop what could be one of the biggest steps forward in accurate mesothelioma diagnosis in recent years.

The study announced in the JNCI was to determine how accurately the test predicted the survival rates of patients. Researchers examined samples of tissue from 120 mesothelioma patients and followed their cases until 2007 or until their death. Using the gene ratio test, researchers categorized the participants in two groups: a good outcome group, and a poor outcome group. On average, the poor outcome group survived 9.5 months; the good outcome group survived 16.8 months, almost double the rate of survival.

Since this test is so revealing about the survival rates of patients, it provides an opportunity for families and individuals to choose the best treatment option for mesothelioma cancer. Patients with good gene ratio test results could be more likely to benefit from surgery, while those in the lower survival rate group seek the best supportive care available.

Mesothelioma is often a very debilitating condition that may require large amounts of physical therapy and treatment options as well as require thousands of dollars in medical costs. It is common for many patients to discuss a mesothelioma lawsuit with an experienced personal injury attorney.

By contacting a mesothelioma lawyer, a patient is increasing their chances of receiving monetary funds as a compensation for the damages endured because of mesothelioma cancer. Additionally, a mesothelioma lawsuit may also result in the reimbursement of expensive medical bills as well as open the door for patients to receive costly medical care that they may have otherwise been able to afford or receive.

For more information on mesothelioma, visit for access to a wide variety or resources, including a mesothelioma attorney, a
mesothelioma lawsuit
, and a mesothelioma lawyer. LegalView also provides access to a construction accident lawyer as well.

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Anti-Asbestos Activists Call For Worldwide Ban

Anti-Asbestos Activists Call For Worldwide Ban

Asbestos, the hazardous building material linked to potentially deadly health problems including cancer and lung problems, has been the focus of a worldwide debate to ban its use in developing countries.

Anti-asbestos activists and asbestos victims – those suffering from the fatal side effects like mesothelioma or asbestosis – met in Turin, Italy to discuss the worldwide ban and justice against the companies that continue to use the material.

Due to its inexpensive nature, the material has been a favorite in developing countries, in part because it has been banned in other countries, including the European Union since 2005. Mesothelioma, for example, can manifest close to 30 or 40 years after the initial exposure, which makes the harmful side effects even more difficult to pinpoint.

An Italian mesothelioma lawsuit is the largest class action lawsuits in the world, claim a major construction company. The contamination from asbestos has claimed the lives of close to 2,000 Italians and has effected the health of close to 6,000 the lawsuit claims. The plaintiffs – residents of four Italian cities where the company had factories as well as former employees who handled the material – are expected to seek several million Euros in compensation.

The meeting was organized by Ban Asbestos, a worldwide organization whose goal is ban the fibrous material and “end the impunity” towards companies that use asbestos.

A ban in Brazil was judged to be constitutional, however other countries either no not ban the substance or ostracize companies that continue to use asbestos.

Despite several attempts by lobby groups to enact a nationwide ban, products that contain less than one percent of asbestos have not been banned in the United States.

However, developing countries such as India do not have any bans in place, which allows free reign for the country to import the material from Russia and Canada to be used in housing material for the poor.

Many of those living in impoverished areas do not the information available alerting them of the dangers associated with asbestos building materials. Even if they were to contract mesothelioma or another asbestos-related illness, it would be difficult to contact a mesothelioma attorney to represent them in court against the companies that continue to use the dangerous substance – despite the known risks involved.

Asbestos removal should only be performed by a licensed professional due to the hazardous nature of the material. The World Health Organization has stated that no safe levels of the carcinogen exist, which make it very difficult to just restrict the use to prevent future health problems. The advocacy groups maintain that a full ban is necessary in order to provide full protection against asbestos.

Learn more about finding a potential mesothelioma cancer lawyer at and get up-to-date treatment, settlement and law information. Get a FREE consultation with an experienced mesothelioma attorney at

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Mesothelioma Law – A Summary

Mesothelioma Law – A Summary

Sadly, the nature and location of mesothelioma and asbestosis make an early diagnosis difficult, if not impossible.  Most victims of mesothelioma do not have any medical options by the time they have been diagnosed.  This aggressive disease can be treated by chemotherapy, radiation, and other standard cancer regimens, but it is most often progressive and fatal.

Since this disease is almost always contracted by asbestos exposure, and since asbestos has been mined and used by companies for decades as a flame retardant, many workers have ended up suing their employers because of a disease resulting from this exposure to asbestos.  Thousands of asbestos-related lawsuits have been filed in the United States, as well as other countries since the 1930’s when the deadly effects of asbestos exposure were first documented.

Unfortunately, thousands of people are diagnosed with some form of mesothelioma.  Many seek compensation from the employer who exposed them to asbestos through a mesothelioma lawsuit. The laws associated with asbestos-related disease fall under the personal injury category.  The plaintiff sues the defendant for damages which have resulted from negligence or neglect.

In the case of a mesothelioma lawsuit, the plaintiff’s attorney must prove that the defendant is responsible for causing the exposure to asbestos, and that the company neglected to inform and protect the plaintiff from its effects.  The plaintiff’s case is stronger if he or she is a non-smoker and can prove that the asbestos exposure is the only possible cause of his or her disease.

Patients suffering from asbestos-related diseases such as asbestosis or mesothelioma needs to hire a competent and experienced mesothelioma attorney to represent them.  Since the defendant is probably a large company with previous experience in these cases, the plaintiff’s legal firm should be a specialist in mesothelioma law, and not just in general law.

The defendant’s lawyers have several options. They will often offer to settle out of court, especially if they fear that a jury trial would result in a ruling in favor of the plaintiff.  Many trials are shortened or avoided all together by a mesothelioma settlement.  If they go to trial and lose, they can also appeal the verdict if there are sufficient grounds to do so.

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