NBC Station in Kansas City Focuses on Mesothelioma and Dangers of Asbestos Exposure in the Home

This week the local NBC station in Kansas City ran a segment about mesothelioma and the risk of being exposed to asbestos called “Hidden Hazard Missed By Contractors.”  The story focused on the dangers of removing a popcorn ceiling in an older home.  Many of those ceilings contain tiny asbestos fibers that can become airborne during the removal process. It is well documented that inhaling these microscopic asbestos fibers can eventually lead to lung cancer and mesothelioma. Suffice to say that reporter Jenn Strathman did a nice job explaining what, we know all too well, is a very complex and serious topic. 

When Ms. Strathman reached out to SimmonsCooper as a resource on the subjet, we were happy to oblige. Media exposure about the dangers of asbestos exposure and the human face of mesothelioma is critical to building awareness. Quite frankly, it does not happen often enough. The story of mesothelioma victim Wendell Mason, featured in the newscast, illustrates the pain and heartache that come with a terminal cancer diagnosis.

Hats off to NBC for running the piece and plugging the Asbestos Disease Awareness Organization and the Mesothelioma Applied Research Foundation, both quality organizations that deserve recognition and attention.
 

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Mesothelioma Stoops to New Low of Cruelty: Meso Foundation Fights Back on Facebook

The Mesothelioma Applied Research Foundation has launched a Causes campaign on Facebook called Cure Mesothelioma! in the name of Zaida Mattson, a four year-old little girl diagnosed with mesothelioma. SimmonsCooper LLC has generously agreed to sponsor the campaign and donate a dollar to the Meso Foundation for every new member who joins the Cause. Please know that joining the Cause is free. Additionaly, SimmonsCooper will match your donation if you choose to donate to the Cause. Click here to get involved.

As the Executive Director of the Mesothelioma Applied Research Foundation, I see the cruel impact of mesothelioma on innocent people and families across the country. It is, without a doubt, among the most vicious and painful of cancers. I know all too well how aggressively the tumor crushes the lungs or invades vital organs in the stomach, how the need for medical research was ignored for years, how patients today are offered very little hope of effective treatment. Which is precisely why the story of Zaida Mattson took my breath away.

Zaida is four years old. Like many four year-olds, Zaida loves to sing, dance and play. She loves Ariel from The Little Mermaid. She loves her older sister and parents with all her heart, as they love her. She is a wonderful child – a wonderful child that was diagnosed with mesothelioma last year.

For those of you that don’t know, mesothelioma is a rare cancer caused by exposure to asbestos. The typical face of mesothelioma is an older person; the cancer most often takes decades to develop in the lining of the lungs or stomach after an exposure to asbestos, usually afflicting men and women in their 60s and 70s. But for reasons that are not yet understood, mesothelioma cases have started arising in younger and younger people, individuals in their 40s, 30s, even 20s.

There are approximately 3,000 new cases of mesothelioma diagnosed in the U.S. each year – fathers, mothers, friends, neighbors, co-workers. All of their stories are personal. All of their stories are important. Zaida’s story is important in a new way. This tragic case of mesothelioma in a little four year-old child tells us that mesothelioma is everyone’s problem. No age is safe.

Zaida’s mother came to the Meso Foundation – the national non-profit working to cure mesothelioma and providing support and education to families impacted by it – and asked us to tell her story. She wants to use Zaida’s story to help us build awareness about the disease, and to raise money for research. Zaida’s mom understands that research for a cure is Zaida’s best chance, and the best chance for all of the mesothelioma patients of today and tomorrow.

This is why we need you to spread the word, help us build awareness, and – if you can – open your wallets. Zaida needs your help. Thousands of men and women, unwittingly exposed to asbestos and now fighting against this deadly cancer, need your help. Everyone at risk to develop this disease in the future needs your help.

I invite you to show your support and join our Cure Mesothelioma! Cause on Facebook. Right now, for every person that joins, SimmonsCooper LLC will donate one dollar. And for every dollar you donate, SimmonsCooper will match that donation. We have the opportunity to shed light on a disease that is so sorely in need of attention. Tell your friends, neighbors, co-workers. Please - get involved. Just click here or on the graphic below to take action.

For those of you unfamiliar with mesothelioma, I encourage you to visit www.curemeso.org to learn more. If you are or know a mesothelioma patient, I encourage you to contact us right away. We have a mesothelioma nurse practitioner who can answer your questions, explain the disease and connect you to top mesothelioma specialists throughout the United States. We have many other resources to support you and help you navigate this difficult cancer.

Last, but not least, I thank the SimmonsCooper law firm for embracing our cause. They are 100% dedicated to our cause to find a cure for mesothelioma. Our fight is a common one – to alleviate the needless suffering of those fighting this insidious cancer. We are thankful for their support.

Please, join our Cause on Facebook today to cure mesothelioma. For Zaida’s sake. And for thousands of courageous, incredible, deeply-loved people across the country.

 

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Asbestos: An Environmental Injustice

Yesterday I spoke at Pennsylvania's first Environmental Justice Conference.  First, let me say that this was a remarkable event, combining thought leaders from every area of this complex and critically important movement - academics, medical professionals, journalists, grass roots advocates, community organizers, and attorneys like me.  It was an honor to participate in this dialogue.

What is environmental justice?  The Pennsylvania Department of Environmental Protection offers this definition: "Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies."

This is a passionate discussion, and I can’t help but think of the many people whose lives have been directly touched by an environmental injustice. For instance, I think of communities like Ambler, Pennsylvania, where they continue to grapple with millions of tons of soil contaminated by asbestos dumped on the outside of town - sometimes called the "white mountain."  I've represented people with mesothelioma from this town.  Met their families.  Sat in their living rooms. 

I think of the folks of Libby, Montana - and the environmental injustice that blanketed asbestos on their homes, streets, and ultimately in their lungs.

My panel offered a wealth of information from some exceptionally smart folks about the law’s role in helping manage and push these issues forward.  Speakers included Daniel Isales of the US EPA Environmental Science Center, Adam Cutler of the Public Interest Law Center of Philadelphia, and Joan Johnson, also of the US EPA.

What struck me as I met with people and listened to humbling stories like the one about the Harlem neighborhood where one-third of the children suffer from asthma due to the poor air quality, I was reminded yet again why it is I do what I do.

The plight of folks suffering from asbestos disease is one of the greatest tragedies and environmental injustices in the world’s history. Innocent people, too often in lower-income households and forgotten communities, were essentially poisoned by the companies where they were employed.  Corporate profits were put above personal safety, and hard-working Americans were left to pay the price. From 1999 to 2005, more than 18,000 people died from mesothelioma.

For those that believe that personal injury lawsuits are clogging up our judicial system, I offer that while, yes, there are “frivolous” lawsuits – those are the exception. In fact, less than 10% of all litigation involves personal injury matters.

Furthermore, the legal system is a critical mechanism for providing equal access and recourse to American citizens. This is a cornerstone of our great country, giving a voice to those without power and creating a sense of accountability for those that do. Legal action can often be a catalyst to help curtail future wrongdoing. Asbestos litigation is a textbook example of this – forcing increased corporate responsibility for providing safe, asbestos-free work environments.

Bringing an injustice in front of a jury of your peers is truly the great equalizer, and good things come of it.  Case in point: Ambler was recently added to the EPA's National Cleanup List.  While I can’t draw a direct line between asbestos lawsuits and the EPA’s action, I’d like to believe that litigation has helped bring additional attention to the community’s very serious issues.

I leave this conference with a renewed sense of dedication to our clients and a distinct sense of humility in the role we play in protecting the rights of those that have suffered an environmental injustice. 

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A Dramatic Turn and New Concerns About the Grace Asbestos Trial

It has been a few weeks since I've discussed the Grace trial in Libby, Montana.  This week, it is my only topic.   What was, to me, the most dramatic testimony presented recently was that of former Grace environmental engineer, Randy Geiger.  Mr. Geiger testified that he became aware that Grace donated contaminated materials to the Libby High School for its running track.  To assess the risks to the student-athletes and liability to Grace, Mr. Geiger conducted a very practical test.  He went to the track and ran laps for 30 minutes.  At the conclusion of 30 minutes, his testing revealed high concentrations of harmful asbestos fibers.

 As of this writing, the prosecution has concluded presenting its case.   The jury has been adjourned, and much of the week has been devoted to wrangling amongst the lawyers about what exhibits can be submitted, and what, if any, testimony can be disregarded.

The testimony of Doctor Robert Locke was carefully examined by all parties and the judge.  As you recall, Robert Locke is a former vice president with Grace.  He has testified against his former employer in this case.  Dr. Locke saved many documents that have proved to be damning to Grace officials.

Doctor Locke has been given immunity from the prosecution in exchange for his testimony.  The documents Dr. Locke saved also tended to prove his own involvement in Grace's poisoning of Libby, Montana.  Lawyers defending Grace are saying the deal given to Locke renders his testimony unbelievable.  Specifically, Grace argues that Locke is, in essence, an advocate for the government.  

Mr. Locke was harshly criticized by the court for providing testimony which varied from that which he provided in 2004 concerning the sale of land.  In 2004 Locke testified that he had never discussed selling asbestos-contaminated land to a couple wanting to build a greenhouse.  At trial, Locke testified that he discouraged Grace officials from selling the land because of the liability the land carried.

An excellent play-by-play of the trial's proceedings, including a listing of key witnesses, lawyers and the judge can be found here:  http://blog.umt.edu/gracecase/

What I find concerning is that Dr. Locke can not come clean without being called a liar.  (In fact, the judge called him exactly that at one point.)  I don't think it can be disputed that Dr. Locke's motivation to cooperate with the prosecution is to save himself from prosecution.  However, to characterize him as an "advocate for the government" isn't necessarily fair either.   Maybe he is an advocate for the people of Libby.  Maybe he is hoping to alleviate his own feelings of guilt.  Maybe he hopes to inspire others who know of corporate wrong-doing to stand up to and against the current of their comfortable corporate culture and do what is right.  Frankly, I can't know exactly all that motivates him, but I do applaud his decision to speak out.  I also applaud the prosecutors for giving a potential defendant an "out" simply by "coming clean."

What I'm finding most frustrating and disturbing about the trial in Libby is what the jury ISN'T hearing.  What they have been told is that the danger of contracting an asbestos disease is exacerbated by the frequency and heaviness of the exposure.  This "dose-response" explanation was explained at trial by Dr. Richard Lemen.  Dr. Lemen is a pre-eminent epidemiologist whose specialty is explaining how asbestos can cause disease.  He was only allowed to testify about the risks to Grace Mine workers and their families.

What he WASN'T allowed to discuss, and what the jury DIDN'T hear was the huge dangers there were and continue to be in Libby to people who didn't have any connection to the mine.  A document disclosed in a bankruptcy proceeding in Delaware revealed that people who neither worked for Grace nor shared a home with someone who did were at equal or greater risk for asbestos disease.  In fact, the report states that "Community residents (of Libby) with no history of occupational exposures represent half or more of the sickened community."  Doctors to this day, the report says, continue to diagnose asbestos-related diseases at a rate of one per week.

Why this is important is that it goes to the prosecution's case that the dangers Grace has created are ongoing.  That is to say the environmental offenses with which they are charged are recent and present.  Grace has argued that its conduct occurred before the environmental laws were enacted, and that its conduct was beyond the statute of limitations.  The reason this report hasn't been disclosed is that the prosecution had to disclose all of its evidence 2 years ago.  This report has only been available for a couple months.  At this point, the jury in the Grace trial probably thinks that what happened in Libby occurred years ago.  

The obvious injustice of this situation is only matched by Grace's brazen indifference.  Grace has hidden in bankruptcy to avoid paying the people they've sickened, and the families they've destroyed by killing one or more family members.  It is hard, even for a jaded lawyer like me, not to be utterly outraged.  

Thankfully, the judge has not irrevocably excluded the recently discovered evidence.  The prosecution still may get it into evidence depending on how Grace conducts its defense.  Stay tuned.

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Ban of Asbestos Overdue: Future Deaths Are Preventable

The first week of April marked National Asbestos Awareness Week. This designation recognized the national tragedy created by the past and current dissemination and use of products in the United States containing asbestos, a known carcinogen with no known level of safe exposure.

It also served as a reminder just how unthinkable it is that the U.S. continues to import 2,000 metric tons of a product that kills approximately 10,000 Americans each year.

 

As colleagues and clients, as family and friends, we came together during National Asbestos Awareness Week to comfort and console, but also to fight and to win. We took time to reflect upon the personal battles fought by those suffering from asbestos-related diseases, and we remembered those we know who have lost their lives because of exposure to the deadly substance. We also reaffirmed our efforts to find a cure for diseases such as mesothelioma by funding research, and we furthered our call to action to ban asbestos in the U.S.

As SimmonsCooper partner Michael Angelides wrote in an op-ed published this morning (view here: U.S. Ban of Asbestos Long Overdue), “Still, just as the country spends billions on asbestos cleanup, our nation continues to import and consume almost 2,000 metric tons of asbestos for use in everyday products. It’s an obvious and deadly contradiction. We need to encourage our nation’s leaders and lawmakers to stop U.S. import and use of a known cancer-causing product . . . Past deaths were preventable.  Importantly, future deaths are preventable. There’s more to do than clean up the mess. The poisoning must be stopped.”

We ask that you join us in the fight to ban asbestos. Please visit www.banasbestos.us and write your lawmakers. You can also learn more at the Asbestos Disease Awareness Organization's web site (www.asbestosdiseaseawareness.org) or make a donation to support the Meso Foundation's important research at www.curemeso.org. As we reflected and looked ahead during National Asbestos Awareness Week, it’s important to remember that together we can make a difference.

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Remembering My Friend, 10-Year Mesothelioma Survivor Craig Kozicki

My heart is heavy. Last Wednesday my friend Craig Kozicki ended his 10-year battle against mesothelioma, leaving behind his dedicated wife and daughter, Shelly and Emily. Craig was a 10-year survivor of the disease -- a miracle story and symbol of hope among mesothelioma patients throughout the country. He was only 53.

Craig's case was one of the first mesothelioma cases I ever worked on as a young attorney just starting out here at SimmonsCooper. He was Jeff Cooper's client. It was through Jeff that I got to know Craig and his family. Over the years, the Kozickis have become much more than clients -- they have become part of the family here at SimmonsCooper.   

 

When I think of Craig, I think of so many different things. I think about his love for sports and how much I always enjoyed our debates about the Illinois and Missouri college rivalries. His dedication to his wife and daughter. I think of the kind of man he was and the way he always fought and didn't complain. How he kept working as long as he could and kept living his life throughout the numerous chemotherapy treatments and painful surgeries.  

In the search for a cure for mesothelioma and the fight to ban asbestos, Craig and Shelly are truly a special couple. They have been an inspiration to me, to everyone at SimmonsCooper, and to countless families across the country. Time and time again, we have clients tell us about the impact Craig and Shelly have had on their lives.  

Earlier this week it was announced that the Kozickis received the Mesothelioma Applied Research Foundation's annual "Volunteer of the Year" award. It's a testament to both Craig and Shelly. Since Craig was diagnosed at age 42, Shelly has been standing by his side, and she's somehow always found time to help other people struggling with the cancer. She's been a sounding board and a voice for so many and has never asked for anything in return. Truly a remarkable lady.  

I have to say -- I wasn't sure if I should write this at all. How do you adequately pay tribute to someone with so much dignity and strength? There are no words to describe how much his success in fighting off this horrible cancer for so long has meant to myself and so many others.  

But then it hit me. What better way to honor and remember Craig than to try and encourage others to take up his cause? So that's what I'm doing. I'm encouraging anyone reading this to donate to the Meso Foundation in Craig's name. I think he'd like that.

Here's the link for contributing to the Meso Foundation's "Craig Kozicki Grant Fund" to find a cure for mesothelioma (make sure you scroll down to the bottom of the page).  

And if you don't want to give online, mail in a check to the Mesothelioma Applied Research Foundation, PO Box 91840 Santa Barbara, CA 93190-1840. Just make sure you write "Craig Kozicki" in the memo line.  

Goodbye Craig. You will be missed dearly. It was an honor to represent you. But the greatest honor was getting to know you at all.

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Mesothelioma & Asbestos Round-Up: April 3, 2009

Asbestos and asbestos-related diseases are a worldwide problem.  This blog largely addresses only those problems in the United States.  However, this week we take a quick look at what is happening in other countries.

We are beginning to take a longer look at our neighbors in Canada.  Canada enjoys a reputation in the world as being very pro-environment.   Canada’s reputation is currently being fractured by its mining and export of asbestos.   The Canadian government displays a startling disregard for the health of not only its own citizens, but the entire world when it comes to the dangers of asbestos.

Last week, several members of SimmonsCooper LLC attended the Asbestos Disease Awareness Organization (ADAO) conference in Manhattan Beach, California.  It was an incredibly educational and motivational event.   The topics were diverse and fascinating.  I’ll write more on it in a separate post. 

Without further ado, here are this week’s news updates.

Canada's Asbestos Embarrassment

Activists chose April 1 as the date to shed light on the impact Canadian asbestos is having on third-world countries.  Canada joined Russia and Iran in blocking chrysotile asbestos from being placed on an international list of toxic substances.

Michael Ignatieff can’t make up his mind about asbestos.  Igatieff, the leader of the Liberal Party in Canada waffles between calling for banning Canadian exports of asbestos and simply warning other countries of “risks.”

South Korea

South Korea is another country with emerging asbestos problems.  Not only is it still used in industrial applications, asbestos is showing up in consumer items.  For instance, asbestos is being found in BABY POWDER.

U.S.A.

Union officials recounted how asbestos dust “filled the air” as renovations were performed at the Smithsonian.  Contractors routinely disregarded asbestos safety procedures, according to William Durkin Jr., a representative of Steamfitters Local 602.

The ongoing story about asbestos exposures at the Smithsonian Institution resulted in testimony before a congressional panel.  Smithsonian Secretary G. Wayne Clough acknowledged “oversights” in failing to train and warn Smithsonian employees of asbestos dangers.  He testified that there are no more dangers.  Do you feel reassured?

After weeks of worry, the quarry at Ash Grove Cement Co. in Helena, Montana has been confirmed to be contaminated by tremolite asbestos.

Ash Grove, whom we lauded for paying its workers to stay home while testing was performed has, sadly, stopped paying and is now assisting in getting workers unemployment benefits.

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