Choosing the Best Vaginal Mesh Lawyer

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Created on Wednesday, 15 February 2012 14:24

The following tips should help you succeed in finding the best vaginal mesh lawyer for your situation.  If a lawyer tells you that they are the 'best' in vaginal mesh litigation, they are lying, because the first trials will not even take place until November 2012.  So how can you possibly know which lawyer is best for you?

Are they planning on making you part of a class action lawsuit?

The Vaginal Mesh Lawyers at Cates Law will NOT make you part of a class action.  While, sure, that would make us a ton of money, we don't like the tradeoff.  It leaves the actual victims (the ones that deserve compensation) woefully undercompensated.

What is their track record in similar complex cases?

We have an impeccable track record in complex litigation.  We have been awarded multiple record breaking verdicts in similar areas of practice.

Do they require money upfront to represent you?

We require NO money upfront as this could get expensive for the client – especially if, for example, expert witnesses (doctors, surgeons, etc) are required to testify.

Do they offer a free consultation?

The Vaginal Mesh Lawyers at Cates Law offer free consultations.  This is important because first, we need to determine if we think you have a case.  And second, you need to determine what course of action will make you the most comfortable.  We can help you better understand all of your options.

Will you be required to travel?

Under most circumstances, no travel whatsoever will be required on your part.  In some instances we may find that it is most beneficial to you to bring your case to a jurisdiction that is different from the one you live. 

How much of a burden will the entire process be on you, the victim, who has already been through enough?

Victims of vaginal and pelvic mesh implants have already usually been through a lot of physical and emotional pain.  Our goal is to minimize the agony of this terrible process.  Let us deal with the stress.

For more information or answers to any additional questions you may have, contact our Vaginal Mesh Lawyers today.

PradaxaLaw.com

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Created on Tuesday, 14 February 2012 14:24

We are pleased to announce the launch of Pradaxa Law.  We are bringing our 30 years of success in the courtroom to PradaxaLaw.com to help those victimized by the drug Pradaxa.  Pradaxa is prescribed to patients as a blood thinner to help prevent against stroke. 

Consequently, this drug can also cause massive internal bleeding and has led to several fatalities.  If you or a loved one has been injured or died as a possible result of taking Pradaxa, let the experience and success of our Pradaxa Lawyers help you through this difficult time. 

Congress Now Involved with Vaginal Mesh

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Created on Tuesday, 07 February 2012 14:24

Democrats are calling for a congressional hearing for pelvic mesh and transvaginal mesh products manufactured by Johnson & Johnson and C.R. Bard.  Henry Waxman, a Democratic Representative form California led the committee to hold the hearing, demanding documentation from the manufacturers.

As we reported recently, the FDA has required cooperation from all pelvic mesh manufacturers to submit thousands of pages of documents as well as request numerous studies and surgeon reports.

Democrats have acknowledged the abnormally high rate of complications from these pelvic mesh products and are determined to learn more about why there are so many negative reports.

Both Democrats and Republicans are in agreement that some amount of overhaul is necessary with regards to how the FDA rules on medical devices.  Currently, if a product is deemed a Class II product, which vaginal mesh currently is, it does not need to undergo the same rigorous series of random trials as Class III products do, to prove its safety and effectiveness.  Pelvic mesh has demonstrated one of two things:  (1) it either needs to be classified as Class II or (2) Class II medical devices need to undergo much more scrutiny before they are allowed into the marketplace.

Pelvic Mesh Lawyers have done, and continue to do, an incredible job holding pelvic mesh manufacturers' feet to the fire.  Many law firms do a great service to the marketplace to ensure that due diligence is being done.  A large medical device company experiences the same pressures as all publicly trading companies – grow revenues, cut costs, and ultimately increase shareholder value.  Sometimes this is done by rushing products to market, skimping on the testing of a products safety and effectiveness, cutting corners, etc. 

The Vaginal Mesh Lawyers at Cates Law Firm are dedicated to making sure that these companies are held responsible when they slip up and put profits ahead of patient safety.  It is our primary goal to compensate the victims of negligent behavior and to deter similar behaviors from taking place in the future.  If you have experienced any negative side effects from a transvaginally implanted mesh product, contact us for free to learn about what options are available to you.  There is no obligation whatsoever, so contact us today to learn more.

Finasteride and Pregnancy

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Created on Wednesday, 01 February 2012 14:24

The FDA has assigned Finasteride (Propecia) to pregnancy category X.  This means that woman, primarily those of child bearing age or those trying to become pregnant should not come into any contact whatsoever with this drug.  Even handling a broken Propecia pill can allow finasteride to be absorbed through the skin.  With regards to breastfeeding, it is still unknown, and thus it is not recommended for woman who take finasteride to breastfeed. 

Pregnancy category X drugs can cause birth defects in unborn babies.  Specifically, and according to the Propecia packaging, "“Because of the ability of Type II 5-alpha reductase inhibitors to inhibit the conversion of testosterone to DHT, finasteride may cause abnormalities of the external genitalia of a male fetus of a pregnant woman who receives finasteride."  For more information on how 5-alpha reductase inhibitors work (in layman's terms):  Understanding the Side Effects of Propecia

Another important piece of information that is rarely mentioned:  males who are taking Propecia should wear condoms during intercourse with a woman who is or can get pregnant, as finasteride exists in semen and can pose a risk to the fetus.  For those couples attempting to conceive, the use of Finasteride (Propecia) should be immediately discontinued. 

The most common side effects for male patients of Propecia continues to be Erectile Dysfunction, Abnormal Sexual Function, Impotence, Ejaculation disorder, Decrease in ejaculatory volume, Lower sex drive (decreased libido), Breast or Prostate Cancer, and Male breast growth (gynecomastia); however, the list of less common side effects is much longer.  The manufacturer of Propecia (Merck) allegedly knew about many of the long term side effects of their drug but did not disclose this information. 

There may be substantial financial compensation available to those who have experienced negative side effects from this drug.  Our Propecia Lawyers have been awarded some of the largest verdicts in US history and when it comes to this type of litigation there is too much at stake to go with anyone but the best.  Cates Law will not make you part of a class action lawsuit and they have the resources to start working on your case immediately.

Avastin Not Safe / Not Effective in Breast Cancer Patients

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Created on Tuesday, 24 January 2012 14:24

When the FDA revoked the approval of Avastin (Nov 2011) as a treatment to breast cancer, it evoked a lot of very sensitive and emotional reactions.  Several stories were made public of individuals who were fortunate in beating cancer and erroneously credited Avastin in their fight against cancer.  They were upset with 'government regulation' for pulling a drug just because of some 'side effects'. 

Well, naturally, when people are fighting for their lives they want access to anything and everything that has a chance of saving their life.  It is important to note though, that the FDA's decision didn't come lightly and only on the back of several clinical studies and thousands of submitted pages of studies, opinions, and trial clinical data. 

Just because someone beat cancer and happened to take Avastin, does not mean that Avastin played a role in beating the cancer.  Hence the need for clinical trials – to settle the matter based on facts backed up by scientific studies.

The clinical trials led the FDA to two main conclusions: 

Avastin has no overall benefit.  And that the side effects outweigh the benefits – meaning that the side effects are more harmful to the patient than the cancer itself.

They further went on to say that "Avastin will neither help [breast cancer patients] live longer or improve their quality of life."

Contradictory studies that you may have seen or read were likely performed by Genentech, the manufacturer of Avastin, who has a significant financial incentive toward the outcome.  The FDA has no perverse incentives toward the outcome of their clinical trials, only the health and safety of potential users of this drug.

Obviously and understandably, when faced with a life threatening illness it is natural to want something to work or be willing to 'try anything'.  But in the case of Avastin, the risks simply do not outweigh the benefits.  If you have been negatively impacted by Avastin, you are going to need a specialized law firm with an impeccable track record of success with this type of litigation.  The Avastin Lawyers at Cates Law have been awarded some of the largest verdicts in US history.  Cates Law will not make you part of a class action lawsuit and they have the resources to start working on your case immediately.

Makena – A Better Alternative to Terbutaline

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Created on Wednesday, 18 January 2012 14:24

The FDA has recently approved a new drug called Makena to reduce or stop premature labor contractions.  This comes on the heels of the FDA issuing a very strong warning against the preterm labor drug Terbutaline.  Using Terbutaline to delay or stop preterm labor is an off-label use of Terbutaline, as its primary use is for the treatment of asthmatic conditions. 

The FDA specifically warns against pregnant women using injectable Terbutaline for more than 48-72 hours to delay or stop their premature labor.  Oral Terbutaline, the FDA warning continues, should not be used at all for this purpose, as there is no evidence that it is effective and it raises similar safety concerns.  The safety risks that prompted these FDA warnings extend to both the mother and unborn child.  They include lung and heart problems for the mother and birth defects in unborn children, including but not limited to speech defects, autism, cognitive difficulties, autism, and increased risk of brain damage.

Makena, while still a new drug, is at least FDA approved for the explicit purpose of lowering the risk of preterm births, whereas Terbutaline is not.

Makena is a synthetic form of progesterone and is manufactured by KV Pharmaceuticals at a cost of $1,500 a shot.  Fortunately KV has a patient assistance program to make it more affordable.  For women who are uninsured the drug can be administered for free if their annual household income is less than $60k.  Uninsured women with household income between $60k and $100k would be able to receive the drug for the cost of co-pay.  And insured woman, if they apply for assistance, and their income is less than $100k, can receive Makena for around $20.

While it may be too early to know if Makena is safe, it is currently a safer alternative to Terbutaline, according to statements by the FDA, and should be discussed with your doctor if you are at risk of preterm labor.  If you or your child has experienced any negative side effects from Terbutaline you may have limited time to seek recovery.  Genentech, the manufacturer or Terbutaline may have known that this drug, when used to stop or delay preterm labor, increase risk to the patient while not offering any significant benefits over alternative methods.  For more free information about what options are available to you, contact the Terbutaline Claims Center today.  They have a knowledgeable staff and are dedicated to helping you and your family receive financial compensation for your suffering and to prevent any future families from enduring similar hardships.

Pelvic Mesh - FDA Urges Reclassification

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Created on Wednesday, 11 January 2012 14:24

Last week the FDA announced that they are considering the recommendation to reclassify pelvic mesh from Class 2 to Class 3, when used transvaginally to repair pelvic organ prolapse.  The FDA only has the ability to 'recommend' this reclassification as they have appointed an advisory committee – the Obstetrics and Gynecology Devices Panel of the Medical Devices Advisory Committee – to oversee the safety and effectiveness of transvaginal surgical mesh products.

The implications of this reclassification are as follows:  Class 3 devices are required by the FDA to pass a series of random clinical trials to determine the safety and effectiveness of the product.  Class 2 products have much more leniency in their approval process and are not required to pass such stringent tests.

Back in September 2011, this same advisory committee determined that the above recommended reclassification is unnecessary, even though they found plenty of supporting evidence acknowledging the risks involved with these mesh devices.  While the committee decided there wasn't enough evidence at that time for a reclassification, the FDA is now asking them to take another look.  Up to 10% of the women that have received pelvic mesh implants transvaginally will experience some level of complication.

The FDA concluded in their 01/04/2012 statement:

The manufacturers will be required to submit study plans to the FDA that address specific safety and effectiveness concerns related to surgical mesh devices for POP and single-incision mini-sling devices for SUI. Data from the studies will enable the agency to better understand the safety and effectiveness profiles of these devices. Read more.

Some steps that the FDA and their appointed advisory committee are taking to gauge the safety and efficacy of pelvic mesh will include many post-market studies required to be submitted by manufacturers of these devices.  They will also study all available literature on the matter as well as collaborate with medical professionals.

The most common side effects include perforation/tearing of the mesh through the vaginal walls and/or internal organs, pain during intercourse, bleeding, and incontinence.

If you have experienced any negative side effects from pelvic or surgical mesh, implanted transvaginally, you may have limited time to seek recovery.  Manufacturers of these devices may have known that their mesh products, when used in this manner, increase risk to the patient while not offering any significant benefits over alternative methods of treatment.  For more free information about what options are available to you, contact one of our qualified pelvic mesh experts today or watch our most recent 'as seen on television', nationally publicized alert.

Avastin and Quality of Life

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Created on Wednesday, 04 January 2012 14:24

It has been recently reported that Avastin, when used in conjunction with chemotherapy, can defer the worsening of ovarian cancer by up to 4 months.  At least that's what a study claims, that Genentech, the manufacturer of Avastin, helped pay for.  It is important to take away from this study that women treated with Avastin did not live longer than other women in the study and that Avastin did not improve the quality of life during those 4 months.

It is also important to note that the FDA has revoked its approval for the controversial drug Avastin to treat breast cancer, citing studies showing that Avastin did not increase the life of breast cancer patients receiving this medication but did in fact increase their risk of intestine perforations, which can effect up to 3% of patients.

One individual brought up an extremely important and often overlooked point in the comments section of this article.  They noted that their loved one agreed to take Avastin in addition to their regular chemotherapy to treat kidney cancer.  She claims that while Avastin may have warded off the worsening of her husband's kidney cancer, the tradeoff was not worth it.  Her husband spent the last four months of his life in sheer agony.  Clearly in his case, quality of life was not improved.  In this situation all decisions are difficult ones to make.  Clearly nobody wants their loved ones to perish but it is it worth it to extend one's life for 4 months if it means bankrupting your family to pay for expensive medical treatments?  That can be a very morbid thought, especially when it involves you or someone in your family, but one that you may have to make one day.

Several individuals have accused Genentech, the manufacturer of Avastin, and other large drug manufacturers of having perverse financial incentives to only treat patients and not cure them.  While this borders on conspiracy theory, it doesn't always feel 100% unsubstantiated.

If you or a loved one has experienced painful side effects from Avastin please contact the Avastin Lawyers at Cates Law as soon as possible.  If we accept your case and feel that Genentech acted negligently we will begin fighting immediately to compensate the victim and/or their family. The best course of action to prevent powerful drug manufacturers from acting negligently is to hit them where it hurts – their bottom line.  The Avastin Lawyers at Cates Law are extremely knowledgeable and successful at practicing this type of litigation and we are willing to speak with you for free to go over all of your options.  We are currently accepting cases nationwide.

Avastin Primer

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Created on Friday, 30 December 2011 14:24

Avastin, approved by the FDA in 2004, was marketed as the first commercially available angiogenesis inhibitor.   Angiogenesis refers to the process of growing blood vessels from pre-existing vessels.  So in the case of Avastin, this angiogenesis inhibitor was essentially prescribed to stop cancerous cells from spreading.  It is given intravenously and often times in conjunction with chemotherapy drugs.  It’s primary uses have been in combating colon, lung, ovarian, and breast cancer and has also been used to treat eye disease (i.e. age-related macular degeneration).

The specific way in which Avastin works is that it inhibits the function of a natural protein called vascular endothelial growth factor (VEGF).  Unfortunately, VEGF and the process of blood vessel generation/regeneration is also a normal part of the body’s healing and maintenance.  There is some valid concern that Avastin will interfere with these normal processes.  

Avastin (and more specifically Genentech, the manufacturer of Avastin) has been criticized in the media for being an extraordinarily expensive drug that does not cure cancer or improve quality of life, only prolongs life.  Costs in the United States can exceed $100,000 annually per patient.

Genentech allegedly did not warn Avastin users of the drug’s dangerous side effects which include:

• Stroke
• Heart attack / heart failure
• Blood clots
• Tearing and/or perforations in the GI (gastrointestinal) tract
• Severe bleeding / hemorrhaging
• Surgical wounds that do not heal correctly
• Ovarian failure

The Avastin Lawyers at Cates Law are now accepting claims for Avastin.  If you or a loved one has experienced painful side effects from Avastin please contact us as soon as possible.  If we accept your case and feel that Genentech acted negligently we will begin fighting immediately to compensate the victim and/or their family. The best course of action to prevent powerful drug manufacturers from acting negligently is to hit them where it hurts – their bottom line.  The Avastin Lawyers at Cates Law are extremely knowledgeable and successful at practicing this type of litigation and we are willing to speak with you for free to go over all of your options.

Should I Hire a Pelvic Mesh Lawyer

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Created on Tuesday, 20 December 2011 14:24

You may have recently seen our ads on television, asking to speak with victims of pelvic mesh.  If you missed it you can see it here:  National Pelvic Mesh Television Alert

We understand that the decision to speak with a lawyer can be a difficult one.  Often, people don’t like to consider themselves the ‘litigious type’.  And if they find themselves the victim of a defective product, they may like to think that it was simply an unpredictable and unfortunate accident.  While this can certainly be the case, pelvic mesh isn’t one of those cases.  The manufacturers (i.e. CR Bard and Johnson & Johnson) allegedly knew about the increased risk of erosion and tearing, at no substantial benefit to the patient, versus other methods of repair.

The most common complaints surrounding pelvic mesh implants (primarily ones performed transvaginally) include the following:  tearing of surrounding tissues, perforation of surrounding organs, erosion of the vaginal epithelium, protrusion of the mesh implant through the skin, pain during intercourse, serious infection, and urinary incontinence. 

What distinguishes Cates Law from all other pelvic mesh lawyers?  Most law firms are interested in making you part of a class action lawsuit.  They do this not only because it’s efficient for them but because a positive verdict can be very financially beneficial to the law firm.  Unfortunately, it usually leaves the victims with small individual payouts and a feeling that their case didn’t receive the individual care that it deserved.

At Cates Law we give your case the individual attention it deserves.  We will never make you part of a class action lawsuit.

If you missed our national television ad or would like to see it again, please visit our Pelvic Mesh Lawyer homepage.  If you have questions, we have qualified personnel ready to assist you.  It is imperative that you speak with us as soon as possible so that we may at least let you know what your options are.  We will also explain the timeline and expiration date of some of those options, as many of them don’t last very long.  We have the experience and successful track record to guide you through this difficult process.

Terbutaline Off-Label Risks

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Created on Sunday, 18 December 2011 14:24

Propecia - Androgen Deprivation

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Created on Tuesday, 06 December 2011 14:24

As we've mentioned several times in the past, to understand the side effects of Propecia, it is important to understand how the drug is intended to work. 

To recap, Propecia is a 5-alpha reductase inhibitor.  In certain tissues the body converts testosterone into the hormone, androgen DHT. This hormone causes hair follicles to shrink or "miniaturize" which shortens their lifespan and prevents them from producing hair normally. By blocking 5-alpha reductase, Propecia blocks the conversion of testosterone into the more powerful androgen DHT.

It is important to note that androgen suppression or androgen deprivation is by no means always a bad thing.  For example, some medical treatments suppress or block the production of male sex hormones in order to treat some cancers that rely on the the male hormones for its growth.

The purpose of this article, however; is to look at some of Propecia's side effects that can specifically arise due to androgen deprivation.  This list includes both 'official' and 'unofficial' side effects, with the distinction being that causality has not been scientifically proven for unofficial side effects.

The following side effects can be broken down into four main categories:  Sexual, Physical, Metabolic, and Emotional.

Sexual side effects

• Impotence
• Erectile Dysfunction
• A drop in libido
• Genital skrinkage
• Atrophy of testicles
  

Physical side effects

• Gynecomastia (male breast growth)
• Muscle atrophy / chronic fatigue syndrome
  
• Lack of energy
  
• Weight gain / fat redistribution
• Aches and pains in the joints
• Urinary frequency
  

Metabolic side effects

• Hypertension
• Diabetes
• Heart diesease
• Increased cholesterol & triglyceride levels
• Loss of blood sugar control
  

Emotional side effects

• Depression
• Changes in mood / mood swings
• Memory difficulties
  
• Alzheimer's-like symptoms
  

Not all of the above have been scientifically proven to be caused by Propecia but there are links between the above side effects and androgen deprivation - which is essentially what Propecia does. The reason why this list is so important is because someone who has taken Propecia may not have the most common side effects but that doesn't make Propecia any less responsible.  Further, the official list of Propecia side effects is much smaller than the above list and may have discouraged some people from coming forth sooner.  Quite possibly, there are a lot of victims of Propecia that have simply not come forward because they haven't made the direct link between their symptoms and Propecia.

Perhaps the most important measures you can take, after speaking with an unbiased medical professional, is to speak with a Propecia Lawyer as soon as possible.  Whether you're the litigious type of not it is crucial that you keep all of your options open as you don't know the extent of the potential side effects that you may suffer from in the future.  And for cases of this nature, the statute of limitations is rarely on your side.

Herman Cain & Sexual Harassment

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Created on Saturday, 03 December 2011 14:24

With Herman Cain on the brink of announcing his decision to continue his presidential race, it is obvious that the multiple allegations of sexual harassment have significantly derailed his campaign, not to mention taken a heavy emotional toll on him and his family.

We thought with so much in the news about sexual harassment it would be a good time to review some clear and less clear examples of sexual harassment.  Sexual harassment can be broken down into two main groups:  1) Quid Pro Quo, which means “this for that”.  2) Anything that creates a hostile environment, which can occur at work, school, doctor’s office, etc.

The definition of sexual harassment:  harassment that occurs in a workplace, or other professional or social situation, involving the making of unwanted sexual advances or obscene remarks.  Here are some specific examples that qualify:

• Direct or indirect threats or bribes for unwanted sexual activity
• Sexual innuendos and comments
• Intrusive sexually explicit questions
• Sexually suggestive sounds or gestures such as sucking noises, winks, or pelvic thrusts
• Repeatedly asking a person out for dates, or to have sex
• Touching, patting, punching, stroking, squeezing, tickling, or brushing against a person
• A neck or shoulder massage
• Rating a person's sexuality
• Unwanted flirting
• Ogling or leering – i.e. staring at a woman's breast or at a man's butt  
• Spreading rumors about another’s sexuality
• Name-calling, such as bitch, whore, or slut
• Sexual ridicule or mockery
• Frequent jokes about sex or the opposite sex
• Distributing sexually suggestive letters, notes or other inappropriate material
• Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content
• Repeated requests for dates that are turned down or unwanted flirting.
• Playing sexually suggestive music.
• Stalking a person
• Making inappropriate phone calls / sending inappropriate text messages
• Attempted or actual sexual assault

Determining what is and isn’t sexual harassment isn’t always black and white and often involves a component of he said / she said.  If you find yourself in any of the above (or similar) situations it is important to know how to proceed.  Our sexual harassment lawyers are not only experienced in this area of litigation; we were awarded the largest sexual harassment verdict in US history.  Contact us for a free consultation to learn what your options are, how to protect yourself, and whether financial compensation is available.

Post Propecia Syndrome

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Created on Monday, 21 November 2011 14:24

Up to five percent of men suffer from serious sexual side effects from taking the hair loss drug Propecia.  These side effects most notably include loss of libido, erectile dysfunction, impotence, and Gynecomastia; although next week we’ll explore many more serious (but less publicized) side effects that past/current users of Propecia need to be aware of.

Many negatively affected men were assured by their physicians that even if they were one of the 2% who experienced such side effects, they would simply just have to stop taking the drug and everything would go back to normal.  For the majority of men experiencing negative side effects, this held true.  Unfortunately, for many it did not - the side effects remained even after stopping all use of Propecia.  In some cases they developed side effects after terminating their use of the drug.

What is Post Finasteride (Propecia) Syndrome?

This syndrome refers to the persistence of sexual side effects that were previously thought to go away after cessation of the medication Propecia.

To understand how Propecia works and why it may lead to permanent side effects, please review the following:  http://www.cateslaw.com/blog/50-understanding-side-effects-of-propecia

To summarize, Propecia is a 5-alpha reductase inhibitor.  By blocking 5-alpha reductase, Propecia blocks the conversion of testosterone into the more powerful androgen DHT. This reduces androgenic activity in the scalp, treating hair loss at its hormonal source.

It is the alteration at the horonal source that some believe is leading to these permanent side effects.  To learn more, Dr. Michael S. Irwig from George Washington University has published a study on persistent Finasteride (Propecia) side effects in young men aged 21-46:  http://onlinelibrary.wiley.com/doi/10.1111/j.1743-6109.2011.02255.x/abstract

After interviewing several patients, Dr. Irwig found that 20% who experienced persistent sexual dysfunction, had symptoms that lasted for more than 5 years.  He also concluded that of the 5% of men that experienced negative sexual side effects from Propecia, there was no way to quantify how many of those would experience persistent symptoms.

Should I be concerned and what recourse do I have?

First and foremost, if you are experiencing side effects that you feel may be related to Propecia, stop taking the drug immediately and speak with your physician.  If you’re past that point and still suffer from negative side effects, you may very well have recourse.  Merck, the manufacturer of Propecia, may have knowingly under-represented the number, duration, and magnitude of many of the side effects that Propecia causes.  It is very much in your best interest to contact a qualified Propecia Lawyer as soon as possible to at least keep all of your options open – especially since you don’t know if you’re going to end up with persistent or even permanent side effects.

Is Bonded Asbestos Dangerous?

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Created on Tuesday, 15 November 2011 14:24

Bonded asbestos refers to asbestos fibers that are bonded to another material (such as cement or resin binder).  According to the ADFA (The Asbestos Diseases Foundation of Australia Inc.) common uses of bonded asbestos can be found in, but are not limited to, the following: flat sheeting (fibro), corrugated or compressed asbestos-cement (AC) sheeting, drainage and flue pipes, and floor tiles.  The ADFA is a not-for profit organization working to provide support to people living with asbestos related diseases.

All else equal, bonded asbestos is not friable, meaning that it cannot be crumbled into dust in the hand without the use of tools; however, it can become friable if worked on with power tools, through weathering, and even through normal wear and tear.  The greatest harm that can arise from friable asbestos is that if inhaled, it can lead to mesothelioma – a rare form of incurable cancer. 

So while bonded asbestos is not dangerous as untouched and undisturbed ‘bonded asbestos’, it can very easily become friable asbestos which is extremely dangerous.   Whenever asbestos is found in any form it is important to take all necessary precautions.  It’s best to contact a licensed professional before doing any work where asbestos may be present. 

When asbestos is present there are four common methods of dealing with it: 

1. Removal – for times when the asbestos must be removed – this is often an extremely involved process and more information can be found here.
2. Deep Seal – if the asbestos is in good condition sometimes the best approach is to encapsulate or deep seal it.
3. Enclose – similar to a deep seal, this prevents fibers from reaching outside of the enclosure.
4. Label & monitor – depending on the location and condition of the asbestos it may be acceptable to simple label the area appropriately and monitor it’s condition regularly.

If you or a loved one have been exposed to asbestos at work or in the home, and developed any asbestos related disease, you may be eligible to file a claim for damages as a result of the injury.  Our nationwide scope and the lawyers we work with have been at the front of this battle for justice for workers and their families for many years, and we will fight for you.  For more information, visit our Mesothelioma Lawyer homepage.

Merck Shuts Down Propecia Website

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Created on Monday, 07 November 2011 14:24

Merck, the manufacturer of the hair loss drug Propecia, has recently shut down their website for Propecia.   Instead, they are encouraging visitors to report negative side effects to the FDA.  They even include a link for a refund request.  You can see it here:  http://www.propecia.com/sitedown.html

So what does this mean? 

Almost all drugs have some side effects.  Yet it is unheard of for the manufacturers of these other drugs to just shut down their site one day.  Perhaps with all of the pending and upcoming litigation their legal staff has advised them to minimize communication/information about the product until they can vet all of the language written within the warnings and listed side effects.

One of the major issues in these lawsuits is that Merck was allegedly negligent in disclosing the severity of the side effects of their hair loss drug.  So it would make perfect sense that all official language on the Propecia website, documentation, warnings, packaging, etc needs to be scrutinized. 

Side effects that have been reported include the following:

• Erectile Dysfunction
• Abnormal Sexual Function
• Impotence
• Ejaculation disorder
• Decrease in ejaculatory volume
• Lower sex drive (decreased libido)
• Breast or Prostate Cancer, and Male breast growth (gynecomastia)

There are several reported cases where these side effects continue even after discontinuing use of Propecia as well as several reported cases where the severity of these side effects exceeded those listed on their packaging.

Many patients/victims of Propecia don’t consider themselves the litigious type.  But it is important to remember that a lot of times drug companies rush drugs to market because they have bottom line revenue numbers they are trying to meet.  Even if that means a high probability for future lawsuits, it is still sometimes financially ‘smart’ to take those risks.  Especially with a drug like Propecia that has over $200 million a year in annual sales.

Sometimes the only way for the courts to disincentivize these bad business practices is to hit them where it hurts - their bottom line.  The best course of action is to keep all options open.  To discuss all of your options for free, contact a Propecia Law Firm that is successful in these types of complex litigation. 

Asbestos Found in School

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Created on Wednesday, 02 November 2011 14:24

Just recently, in the village of Carpentersville (a small suburb north of Chicago), asbestos was found in several classrooms at Sunny Hill Elementary School (District #220).  Some renovations were being performed in the school when a foreman discovered what he thought was asbestos, specifically while replacing white boards with SMART Boards.  Tests were performed and the foreman's suspicions were confirmed. 

Although Carpentersville has been around for a long time, it wasn't until the 1950s that the village experienced a relative boom in growth.  Subsequently a lot of asbestos was used in the construction of a lot of commercial buildings, schools, etc.  Asbestos, before it was determined to be devastating when inhaled, made sense as a building material.  It is flame retardant, reduces noise effectively, it's a low transistor of electricity, and it is cheap and effective as insulation. 

Fortunately, in this situation, all of the glue-based asbestos appears to have been contained.  The administrators of District #220 continue to monitor for airborne particulates and claims that conditions remain safe.  And this renovation should be completed in a few days.

As seen with this example in Carpentersville, the effects of asbestos are still having an impact on society 60+ years later.  Asbestos, while once considered a cheap material, is now one of the most expensive.  The cost today; however, shows itself in the massive costs of containment and proper removal of the material; as well as the devastating cost on human life, through diseases such as mesothelioma and other asbestos related illnesses.  So while manufacturers may have saved a few bucks years ago, society continues to pay a hefty fee today.  Perhaps the most disturbing fact about asbestos is that it kept being used for years after many manufacturers and employers knew of the dangers.  They simply kept quiet, allowed their employees to work in unsafe conditions, and lined their pockets. 

This negligence needs to be addressed.  The passage of time does not excuse their liability.  If you know anyone that is suffering or may have recently passed away from asbestos exposure, please contact a qualified mesothelioma lawyer.  There are many funds specifically setup to pay out to the victims of mesothelioma; they just need to contact the right attorney who can maximize their settlement.  Cates Law has a proven track record of doing this for their clients and can help you too.  They will even provide you with a free consultation and explain all of your options, at no cost.

Popcorn Lung

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Created on Wednesday, 26 October 2011 14:24

There is a chemical used in popcorn to produce butter-like flavoring called diacetyl that can cause 'popcorn lung'.  Popcorn lung is a disease that is extremely severe and can require a lung transplant. 

Diacetyl has been approved for use by the FDA as a 'safe' flavor ingredient but when inhaled in large amounts it can be very dangerous.

In 2000, eight former employees of a popcorn plant in Jasper, Missouri, developed popcorn lung just from being involved in the production of microwave popcorn.  In 2007, the first case of a consumer eating microwave popcorn and contracting popcorn lung was made public.  Even though several former large scale users of diacetyl (i.e ConAgra Foods Inc., General Mills Inc. and the American Pop Corn Company) agreed to remove the chemical from their process, some recent reports (from the National Institute for Occupational Safety and Health) suggest that diacetyl substitutes may still yield similar dangerous side effects.

According the The Associated Press, a lawsuit filed in U.S. District Court by Wayne Watson's (Denver based victim who developed Popcorn Lung) attorney claimed that the companies "failed to warn that preparing microwave popcorn in a microwave oven as intended and smelling the buttery aroma could expose the consumer to an inhalation hazard and a risk of lung injury."

The Flavor and Extract Manufacturers Association of the United States had the following to say, "This new information ... suggests a possible association between inhaling the fumes from the preparation of several bags of heavily butter-flavored microwave popcorn each day when the butter flavor contains the flavor ingredient diacetyl and the development of the patient's severe respiratory illness…"

The official name of popcorn lung is bronchiolitis obliterans. This disease is often misdiagnosed as asthma, bronchitis, emphysema, or pneumonia.  Symptoms include any of the following:  dry cough, shortness of breath, or wheezing.

If you feel that you may have been exposed to large amounts of this chemical or have developed popcorn lung, either through consumption or working around the chemical, it is important to contact your physician as soon as possible.  You may also be entitled to legal compensation for your injuries.  Contact a law firm that is both experienced and knowledgeable in this type of litigation.

Plavix - accepting new cases

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Created on Monday, 24 October 2011 14:24

The attorneys at Cates Law Firm are now accepting claims for the drug Plavix.  Sanofi-Aventis and Bristol-Meyers Squibb, the manufacturers of this heart attack and stroke prevention drug, allegedly knew of serious health complications associated with taking Plavix as prescribed, yet they decided to rush the product to market anyway.  Further, they allegedly falsified claims to the effectiveness of Plavix and after being warned by the FDA to cease their fraudulent advertisements, they did not.  They also allegedly refused to alert the public to known safety concerns. 

Quoted from a recent study, published by the New England Journal of Medicine, “…although doctors believe the combination of Plavix and aspirin should reduce the risk of a second heart attack, the combination not only does not help, but it nearly doubles the risk of death, heart attack or stroke in people with no history of heart disease. It was also found to be associated with increased risk for moderate and severe bleeding.”  And from an even earlier study published in the New England Journal of Medicine, "Overall, Clopidogrel [Plavix] plus aspirin was not significantly more effective than aspirin alone in reducing the rate of myocardial infarction, stroke, or death from cardiovascular causes."

Side effects include Thrombotic Thrombocytopenic Purpura (TTP) – rare disorder of the blood coagulation system, gastrointestinal bleeding – loss of blood within the gastrointestinal tract, chest and abdominal pain, and irregular heartbeat and can lead to heart attack, stroke, and even death.

According to IMS Health statistics, Plavix is marketed in nearly 110 countries, with sales of $6.6 billion (as of YE 2009).  It had been the 2nd top selling drug in the world for several years as of 2007 and was still growing YOY by over 20% in 2007.  U.S. sales were $3.8 billion in 2008.

Opposed to many other law firms who will simply try to make you part of a class action lawsuit, Cates Law will give your case the individual attention it needs.  This is the difference between attorneys getting compensated for anothers wrongdoing and YOU getting justly compensated for being the victim of anothers wrongdoing.  Our successful team of trial lawyers has decades of experience practicing complex litigation.  When seeking recovery against a powerful drug company you need a team of successful and experienced lawyers on your side.

Statute of Limitations on Pelvic Mesh

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Created on Thursday, 20 October 2011 14:24

Are you concerned about the statute of limitations on your pelvic mesh injury?  Don't be.  Never assume that it's too late to seek recovery or seek justice against those whose negligence caused this terrible physical and/or emotional pain.  In most cases, the statutes of limitations for pelvic mesh complications are not set in stone.  Certain dates will likely get called into question but even this is not so cut and dry. 

For example, there is a date of your initial surgery, possibly a date for additional surgeries, possibly a date that mesh was removed, a date when the FDA issued their initial warning, dates of clinical trials, dates from when symptoms started to arise, dates when you spoke with your doctor/surgeon, etc.  As you can see there is a lot of wiggle room when determining when your statute of limitations (SOL) began.  But it still requires an attorney, qualified in complex litigation, to plead your case.  Even though the SOL can be 'gray' you're still encouraged to speak with a lawyer as soon as possible, as to minimize any attempts to call the SOL into question.

Don't assume your opportunity has passed.  You may be surprised by what our lawyers can do for you.  The most important step is making initial contact.  Your conversation is free and always confidential.  There is no obligation and no risk to speak with one of our experts.  There is literally no downside to taking a chance and speaking with our pelvic mesh lawyers.  And if we feel you have a case, there could be considerable upside.

We will not make you part of a class action as other firms may attempt to do.  We will treat you as an individual and give your case the individual attention it deserves.

It always helps to know that when faced with a difficult set of circumstances, others have gone through what you're going through.  With regards to women who have received pelvic mesh implants, over 10% of them have suffered injuries from these defective products.  Symptoms include mesh erosion, perforation of tissues and organs, incontinence, pain during intercourse, infections, and bleeding.

FDA mandated label change on the hair loss drug Propecia

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Created on Tuesday, 18 October 2011 14:24

Recently, the FDA announced a label change for the Merck manufactured hair loss drug, Propecia.  The new label will include a warning to reflect the increased risk of developing prostate cancer for those taking the medication.  Propecia underwent a series of trials and was found to increase the risk of developing high-grade prostate cancer. 

This comes on the heels of other significant trouble facing Propecia.  Many patient have/are experiencing major sexual side effects from taking the drug, included but not limited to, Erectile Dysfunction, Abnormal Sexual Function, Impotence, Ejaculation disorder, Decrease in ejaculatory volume, Lower sex drive (decreased libido), Breast or Prostate Cancer, and Male breast growth (gynecomastia).  There are several cases where these side effects continue even after discontinuing use of Propecia.

Propecia does mention side effects in their Propecia packaging; however, Merck allegedly suggested that Propecia had minimal side effects while knowing of the long-term and sometimes permanent sexual side effects of taking the hair loss pill.  And they may have been underrepresenting the increased risk of permanent erectile dysfunction (ED)

Oftentimes drug companies try to escape liability under a legal theory called the learned intermediary doctrine which, in this case, attempts to shift responsibility in that the doctor should inform their patients of warnings or side effects if the manufacturer has adequately informed the doctor.  Of course, with so many drugs coming out each year, with their own set of risks and warnings, it seems more realistic for the onus to be on the manufacturer to properly inform patients about their drugs and the side effects thereof.

If we accept your case, we will do everything possible to maximize your settlement.  We have an extraordinary track record of doing this for our clients and it is why we continue to be so successful in the court room.  Our most recent record setting verdict was $95 million.

Propecia^© is going to be the subject of intense litigation in the months to come and you will need a successful law firm on your side if you hope to seek recovery against such a large drug mfg.  Speak with us for free and let us help you get the recovery you deserve.

Is the company responsible for your mesothelioma bankrupt or insolvent?

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Created on Saturday, 15 October 2011 14:24

Is the company responsible for your mesothelioma bankrupt or insolvent?  It doesn't matter; it's STILL not too late to seek recovery.  Oftentimes companies who are responsible for causing mesothelioma or similar asbestos related diseases have become insolvent or bankrupt.  Naturally, those injured by one such company may feel that they have no recourse, no way to get justice against those responsible for causing this harm, and no way to be compensated for this injustice.  Much to their surprise they find out that the opposite is often true.

Two main reason for these bankruptcies are 1) meso symptoms can take up to 40 years to develop so a company may simply no longer be in business after so many years and 2) a company that used asbestos, knew of the risks, and didn't inform their employees, likely has become bankrupt after a series of previous lawsuits.  Generally, bankruptcy refers to a legal status of a person or an organization that cannot repay the debts owed to creditors.  As you will see below, the process fortunately works a little bit differently in situations like this.

So how does one receive compensation from a company with no money?  In many cases, as part of the company's bankruptcy proceedings, trusts were established to pay for future damages from lawsuits.  In other words, there is a pool of money set aside for lawsuits that will certainly be coming down the pike.  This is good news.  It ensures that the victims and/or the victim's families have a way to get compensated against the company that caused their illness.  The amount paid out from this trust will be largely determinant upon the nature of the disease and the company who created the trust.

It is important to understand that bankruptcy does not mean broke!  Filing for bankruptcy does not release the company of their financial responsibly for asbestos exposure claims.  Never assume that your opportunity has passed you by.  Find out if you are eligible for potentially millions of dollars.  There is no risk to find out.  You may contact us for free and our mesothelioma lawyers will help you fully understand your options.

Growing Hair with Robots

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Created on Tuesday, 11 October 2011 14:24

A Denver based hair restoration practice, Hair Sciences of Colorado, has announced that they have developed the first robotic based device to assist in the treatment of hair loss and hair restoration.  Their system is the only FDA-cleared, physician-controlled, interactive, computer-assisted robotics-based device developed for the treatment of hair loss and it's the only hair restoration solution of its kind. 

Their system, ambiguously named ARTAS uses an image guided robotic arm that identifies and harvests the best hair follicles for transplant.  The current method of doing this, known as Follicular Unit Extraction (FUE) is an extremely slow and tedious process when performed manually; which naturally translates into high costs for the patient.  ARTAS will be significantly quicker and more cost-effective than current methods.  The ARTAS system has been in development for over seven years led by the renowned James A. Harris, MD, FACS, alongside several hair restoration physicians, robotic engineers, and clinical experts.

This cutting edge technology is extremely promising to those looking to combat hair loss and male pattern baldness.  At a time when drugs like Propecia are coming under fire for their sometimes severe sexual side effects, news of non-drug technological advances in the field are always welcomed.  If you happen to be a victim of Propecia or similar hair loss drugs, please get into contact with Propecia Legal Experts to explore your options.

HVAC Mechanics: Risk Awareness

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Created on Thursday, 06 October 2011 14:24

HVAC workers and mechanics must be aware of their increased risk to their potential exposure to asbestos, the leading cause of mesothelioma.  HVAC is an acronym for heating, ventilation, and air conditioning.  HVAC refers to the technology of indoor or automotive environmental comfort. HVAC system design is a major sub-discipline of mechanical engineering and is based upon the principles of thermodynamics, fluid mechanics, and heat transfer.  HVAC mechanics often find themselves in the following environments:

• Garages
• Crawl Spaces
• Attics
• Basements

And may work around the following systems:

• Boilers
• Furnaces
• Heat Pumps
• Radiators
• Vents
• Central Heating

When HVAC workers are operating in older buildings and around such systems, the presence of asbestos in old insulation and ductwork is always a concern.  When old ductwork is disturbed (cut, sanded, broken, etc) asbestos fibers can be released into the air and inhaled.  Insulation material used in both commercial buildings or residential homes may contain asbestos.  Even routine maintenance such as replacing filters can disturb and release asbestos fibers into the air.  Wearing proper safety gear when handling asbestos or working around areas that may contain asbestos, or around areas where asbestos may become disturbed, is a critical step in prevention.  NOTE:  Dust masks and disposable respirators should not be used because they do not provide enough protection.

If you or someone you know has been unfortunately diagnosed with mesothelioma or any asbestos related disease, please reach out to a qualified Mesothelioma Lawyer for help.

Sexual Harassment – How to Choose the Best Attorney

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Created on Tuesday, 04 October 2011 14:24

The Original HoneyBaked Ham Co. of Georgia Inc. is being sued by the United States Equal Employment Opportunity Commission (EEOC).  The suit alleges incidents of severe sexual harassment at its Colorado stores.  The lawsuit also accuses the company of retaliating against female employees who complained about the alleged misconduct.  Wendy Cabrera, a manager at the Highlands Ranch store, as well as other women allegedly suffered from repeat and offensive unwanted sexual comments, innuendos and physical touching by their regional manager despite frequent protests.

If you are the victim of sexual harassment, it is critical that you speak with an attorney as soon as possible.  Choosing an attorney, with so many choices available, can seem like a daunting task.  These 4 invaluable questions will help when searching for the law firm that will represent you best:

1.       Has your firm tried sexual harassment cases before?

2.       If so, what is your firm's track record of trying sexual harassment cases?

3.       Does your law firm offer a free consultation?

4.       Is your law firm willing to risk its capital to pursue my case so that I don't have to pay anything upfront?  

If you're interested in contacting the law firm that has set the record for the largest verdict ever awarded in a sexual harassment case in United States history, contact the Sexual Harassment Lawyers at Cates Law.  Read about their record $95 million verdict.  The person(s) or company that caused your emotional or physical pain must be held accountable and responsible for their conduct.  Your best bet is to retain the most qualified and successful lawyers you can.  They can help you through this difficult time.  You owe it to yourself and victims everywhere who have yet to speak out; put a stop to this terrible abuse.

Understanding the Side Effects of Propecia

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Created on Tuesday, 27 September 2011 14:24

The side effects of the hair loss drug Propecia are quickly going to be the subject of many lawsuits.  At its highest level, these lawsuits claim that Merck (the manufacturer of Propecia) was negligent in disclosing the severity of the side effects associated with their hair loss pill.  Conversely, Merck claims they were accurate in their disclosure of all of the side effects associated with Propecia.

To understand the side effects of Propecia, it is important to understand how the drug is intended to work.  Propecia is a 5-alpha reductase inhibitor.  If that doesn't make everything crystal clear, please read on.

In certain tissues the body converts testosterone into the hormone, androgen DHT. This hormone causes hair follicles to shrink or "miniaturize" which shortens their lifespan and prevents them from producing hair normally. By blocking 5-alpha reductase, Propecia blocks the conversion of testosterone into the more powerful androgen DHT. This reduces androgenic activity in the scalp, treating hair loss at its hormonal source.

There is a process in the body called 'biosynthesis of neurosteroids' which require 5-alpha reductase. Neurosteroids are important to such things as memory enhancement, anti-stress, antidepressant, sleep modulation, etc. When Propecia is taken and it blocks 5-alpha reductase it also alters neurosteroids levels, which likely explains many of the mental and sexual side effects from taking Propecia.

National Meso Awareness Day

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Created on Monday, 26 September 2011 14:24

Have You Been Exposed to Asbestos?

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Created on Friday, 23 September 2011 14:24

What is Asbestos?

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Created on Thursday, 22 September 2011 14:24

Asbestos refers to a naturally occurring family of magnesium silicate mineral fibers that have been commonly used for a variety of commercial applications due to the desirable physical attributes of the minerals themselves.   Asbestos is actually a rock, an individual fiber is microscopic and lighter than air. This identity as a very fine fiber is what allows it to infiltrate the lungs and corrupt the cells in the chest cavity.

Corporations valued asbestos for its unparalleled strength to weight ratio and its ability as a flame retardant.  Asbestos is also extremely resistant to chemical, electrical, or other type of damage.  It is also valued for its sound absorption.  Given these desirable properties and the fact that extraction was cheap, many commercial entities referred to asbestos as the miracle mineral.

Asbestos, despite being a rock, can be woven into a cloth and is virtually indestructible. There are six  types of naturally occurring asbestos fibers – chrysotile, amosite, crocidolite, anthophylite, actinolite, and tremolite. These are divided into two main categories of asbestos –

1. amphibole asbestos or,
2. serpentine asbestos

Every type of asbestos fiber, aside from chrysotile, belongs to the amphibole asbestos classification.

Chrysotile is the only asbestos which is in the serpentine category and accounts for almost all the asbestos that was used in asbestos-containing products. The second group of fibers are longer than chrysotile fibers, but often contaminated chrysotile deposits such that many of these fibers also found their way into asbestos containing products.

Chrysotile accounts for almost 95%of asbestos contamination in buildings in the U.S. Given that chrysotile asbestos is more  flexible than the other types of asbestos, it was often used when the desire was to spin or weave the asbestos into cloth or fabric.  It was also commonly used in joint compounds.  Some of the most common applications of chrysotile asbestos were for asbestos cement roof sheets or as flat sheets for ceilings.  It was also commonly used in insulation, brake linings, and floor tiles.

Asbestos begun to gain prominence as a commercial ingredient around the time of the Industrial revolution, in the late 19^th century.  In the Americas, the first commercial asbestos extraction mine was put into operation in 1874, in Quebec.  From its initial uses as insulation, it also formed the basis for the first fire prevention interventions placed into materials.  In an attempt to harness that fire retardant capability, asbestos was placed into bricks, drywall, insulation, flooring, roofing, joint compounds, concrete, fireplaces, and numerous other uses.

The next major application was the use of asbestos on Navy ships.  Asbestos was commonly used to wrap pipes, line engines, and in boilers.  In many cases, sailors’ bunks were located directly beneath pipes wrapped in asbestos, which would result in their exposure to asbestos every day they were on that ship.  The men and women who built those ships were also at increase risk of exposure to asbestos.  In areas where these ships were commonly built, there is an extremely high incidence of asbestos related diseases.  More recently, asbestos was used in brakes, brake linings, shifters and clutches.

You should know that while it is possible to see asbestos when it is woven together as part of a fabric, individual asbestos fibers are extremely small, and invisible to the naked eye.  Thus, one does not have to “see” asbestos to be exposed to it.  In addition, asbestos has been found in many of the “substitutes” which companies used for asbestos.  These include vermiculite and talc.  It was recently discovered, for example, that children’s crayons made with talc actually contained asbestos as the talc used in the crayons was itself contaminated.

Though the first confirmed deaths and injuries related to asbestos were first reported in the early 1900s, it is likely that there were asbestos related injuries occurring earlier.  The companies mining asbestos and using it in their products had their own internal data that showed the harmful effects of asbestos, but chose to keep using it and hide this data from the public and their employees.  As a result, hundreds of thousands of people were needlessly exposed to the risk of developing an asbestos related illness.

As awareness has spread publicly, however, regulations have been enacted to attempt to prevent asbestos from coming into contact with the public.  As an example, when older buildings are demolished, many states require that all asbestos be removed before demolition.  A second method, called “wet” demolition, has been touted as safe, though it seems dubious at best to assume this process prevents all asbestos exposure to the same degree as removal.  Nevertheless, asbestos is not technically banned and it is possible for people to still be exposed.

Types of Mesothelioma

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Created on Wednesday, 21 September 2011 14:24

Mesothelioma is a deadly form of cancer that affects the mesothelium, the protective lining which covers the body’s internal organs.  Mesothelioma diagnoses average approximately 2,500 to 3,000 new cases a year.  This is roughly 3% of all new cancer diagnoses, and this number is expected to rise until at least 2025.  Mesothelioma, as a result of the exposure methodology, primarily affects men who were employed in trades, and is an incurable, or terminal, disease.  It can, in certain cases, be managed, however, depending the timing of diagnosis and the aggressiveness of the treatment.  Exposure to asbestos is the major risk-factor for the development of this disease, and is the only known cause of mesothelioma in the United States.

Typically, mesothelioma is found affecting the lining of the lungs (pleural mesothelioma), the lining of the heart, (pericardial mesothelioma), or the lining of other abdominal organs (peritoneal mesothelioma).  In addition to these three main types, there have been rare cases of mesothelioma which affect the testicles (testicular mesothelioma).  There is also benign mtyesothelioma, which is not fatal.

Pleural Mesothelioma – The pleura is the name for the protective lining of the lungs.  Pleural Mesothelioma is a cancer that establishes itself in that lining.  This is by far the most common type of mesothelioma, and it accounts for over 70% of all malignant mesothelioma diagnoses.

The pleura are a serous membrane, not unlike the peritoneum.  The pleura is a continuous membrane, that wraps around the lungs for protection and support, and then folds back over on itself, creating a small cavity between the upper and lower layers.  This cavity between the layers is often referred to as the pleural cavity.  The pleural cavity typically contains pleural fluid.  The outer pleuron, which is attached to the chest wall, is called the parietal pleura.  The inner pleuron, which wraps itself around the lungs, blood vessels to and from the lungs, nerves and bronchi, is called the visceral pleura.  It should be noted that the parietal pleura (outer pleura) is attached to nerves (innervated) and thus is capable of pain sensation, while the visceral pleura is not.

Mesothelioma which affects the pleura can often lead to effusions.  As noted, the pleura have a small cavity between the parietal and visceral layer, which contains fluid.  Mesothelioma can cause a buildup of fluids which are then forced out of the pleural cavity and into the chest cavity.  This escape of the pleural fluid, from where it should normally be, is called a pleural effusion.

A pleural effusion can lead to physical pain, which is a symptom of mesothelioma.  Other symptoms associated with pleural mesothelioma can be different than those associated with the peritoneal, pericardial, or testicular mesothelioma.  This is due to the differing location of the affected area.  Commonly reported symptoms of patients diagnosed with pleural mesothelioma include:

• Chest Pain
• Chest Swelling
• Coughing Fits
• Dry Coughs
• Effusions (leaking of fluid into body cavity)
• Generalized Weakness / Fatigue
• Lack of ability to breathe without pain
• Loss of Appetite
• Loss of Weight
• Night Sweats
• Visible / Palpable Lumps in the Chest

Not all patients diagnosed with pleural mesothelioma will experience all of these symptoms.  Treatments may also differ depending on the Stage of the Cancer, its location, and how quickly the cancer was diagnosed.

For more on treatment options, please see Treatment of Mesothelioma

Pericardial Mesothelioma – The pericardium is the name for the protective tissue lining which surrounds and protects the heart.  Pericardial mesothelioma is a cancer that establishes itself in the lining around the heart.

The pericardium is actually a sac of tissue, which houses the heart and the beginnings and ends, of the main blood vessels leading into and out of the heart.  The pericardial sac is actually composed of two layers.  There is the fibrous pericardium, and the serous pericardium.  The serous pericardium is also composed of two layers.  The first layer, the parietal pericardium, is attached to the fibrous pericardium.  The parietal pericardium and the fibrous pericardium cannot be detached.   The second layer is the visceral pericardium, which is adjacent to the heart itself.  As with the pleura and pericardium, there is a small space between the parietal and visceral pericardium layers, which is usually filled with a lubricating, pericardial fluid.  Mesothelioma of the pericardium can cause a buildup of this fluid, which can result in a pericardial effusion.  This buildup of fluid caused by pericardial mesothelioma can also lead to a pericardial tampondae, where the heart is actually compressed inside the pericardium.

The symptoms associated with peritoneal mesothelioma can be different than those associated with the pleural, pericardial, or testicular mesothelioma.  This is due to the differing location of the affected area.  Commonly reported symptoms of patients diagnosed with peritoneal mesothelioma include:

• Chest Pain
• Chest Swelling
  
• Chronic Nausea / Vomiting
• Difficulty Breathing
• Effusions (leaking of fluid into body cavity)
• Generalized Weakness / Fatigue
• Heart Murmurs
• Heart Palpitations
• Inability to catch your breath
• Loss of Appetite
• Loss of Weight
• Persistent Cough
• Sweating while Sleeping

Not all patients diagnosed with pericardial mesothelioma will experience all of these symptoms.  Treatments may also differ depending on the Stage of the Cancer, its location, and how quickly the cancer was diagnosed.

Peritoneal Mesothelioma – The peritoneum is the name for the tissue lining, or membrane, which surrounds, supports and protects the abdominal cavity, and the organs therein.  Peritoneal mesothelioma is a cancer of that lining.  This is the second most common type of mesothelioma, accounting for approximately 20% of all mesothelioma diagnoses.

The peritoneum is actually comprised of two mesothelial layers.  The upper layer, which is actually attached to the abdominal way, is called the parietal layer.  The lower layer, which is the layer of membranous tissue surrounding the individual organs, is called the visceral layer.  Peritoneal mesothelioma is the result of asbestos fibers collecting, and becoming lodged in-between the visceral and parietal layers.

Mesothelioma which affects the peritoneum can often lead to effusions.  As noted, the peritoneum has a small cavity between the parietal and visceral layer, which contains fluid.  Mesothelioma can cause a buildup of fluids which are then forced out of the peritoneal cavity and into the chest cavity.  This escape of the peritoneal fluid, from where it should normally be, is called a peritoneal effusion.

The symptoms associated with peritoneal mesothelioma can be different than those associated with the pleural, pericardial, or testicular mesothelioma.  This is due to the differing location of the affected area.  Commonly reported symptoms of patients diagnosed with peritoneal mesothelioma include:

• Abdominal Pain
• Abdominal Swelling
• Chronic Diarrhea / Constipation
• Chronic Nausea / Vomiting
• Effusions (leaking of fluid into body cavity)
• Generalized Weakness / Fatigue
• Generalized Pain in the Abdominal Area
• Loss of Appetite
• Loss of Weight
• Night Sweats
• Stomach Pain
• Visible / Palpable Lumps on the Abdomen

Not all patients diagnosed with peritoneal mesothelioma will experience all of these symptoms.  Treatments may also differ depending on the Stage of the Cancer, its location, and how quickly the cancer was diagnosed.

 Testicular Mesothelioma – Testicular mesothelioma establishes itself in the tunica vaginalis.  The tunica vaginalis is a serous membrane which covers the testis.  Like the other forms of mesothelioma, testicular mesothelioma is a cancer of the cells of that membrane.  Though it is extremely rare, mesothelioma can develop in this lining, which will lead to generalized symptoms, such as:

• Chronic Nausea / Vomiting
• Effusions (leaking of fluid into body cavity)
• Generalized Weakness / Fatigue
• Groin Pain
• Groin Swelling Loss of Appetite
• Loss of Weight
• Night Sweats
• Visible / Palpable Lumps in the Groin 

Not all patients diagnosed with testicular mesothelioma will experience all of these symptoms.  Treatments may also differ depending on the Stage of the Cancer, its location, and how quickly the cancer was diagnosed.

 Benign Mesothelioma – Benign mesothelioma simply means that mesothelioma is indicated, but it is non-malignant and thus not a growing tumor and is not fatal.

Histologically, there are three types of malignant mesothelioma.  This means that the actual types of cells which comprise the mesothelioma cancer have three types of organization.  They include:

• Epithelioid
• Sarcomatoid
• Biphasic (Mixed)

Approximately 50-60% of mesothelioma diagnoses involve the epithelioid type.  Mesothelial cells are, by their nature and design, epithelial in shape.  These cells are typically well-defined, and are recognizable for their uniform shape when viewed through a microscope.  Due the resemblance that epithelial mesothelioma cells have to another common form of lung cancer, called an adenocarcinoma, it is not uncommon for doctors who not familiar with a patient’s history of working around asbestos, to misdiagnose mesothelioma as adenocarcinoma.  This is why it is important for a patient to ensure their doctor is informed of any asbestos exposure.  A patient may also choose to seek a second opinion from a specialist in mesothelioma to ensure the proper diagnosis is made.  The epithelioid type of mesothelioma cancer cells have a better long-term prognosis in similar patients than Sarcomatoid or Biphasic.

Sarcomatoid mesothelioma is found in approximately 10-20% of all mesothelioma diagnoses in a given year.  This type can be difficult to diagnose because of its close microscopic resemblance to sarcomatoid carcinoma (another type of lung cancer).  These cells are also often misconstrued as non-malignant fibrous tissue.  The shape of a sarcomatoid cell is typically elongated, with spindle attachments at the outer edges of the cell.  Sarcomatoid cells often overlap one another, again adding difficulty to the diagnosis process.  Just as a patient diagnosed with adenocarcinoma may want a second opinion from a mesothelioma specialist, a patient diagnosed with a sarcomatoid carcinoma may also want to seek another opinion from a mesothelioma specialist to ensure proper diagnosis.  Prognosis for a patient suffering from a sarcomatoid variety of mesothelioma is often poorer than that of a patient suffering the epithelial variety.  As a result, aggressive intervention may be necessary in an attempt to treat sarcomatoid mesotheliomas.

Biphasic mesothelioma, or mixed mesothelioma, simply means that the cellular structure of the mesothelioma cells contain both sarcomatoid and epithelial cells.  Biphasic mesotheliomas account for approximately 20-30% of all mesothelioma diagnoses.  The epithelial and sarcomatoid cells will often appear in clumps in the tumor sample.  The effectiveness of treatment, and life expectancy, of patients suffering from biphasic mesothelioma is poorer than those diagnosed with just epithelial or sarcomatoid mesothelioma.   

Facts About Asbestos

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Created on Tuesday, 20 September 2011 14:27

• In the late 1800s and early 1900s, asbestos was used an ideal material in the construction industry.  This was due to the effective fire retardant nature of asbestos, as well as its high electrical resistance, its high sound absorption, and its low cost.

• Accordingly, the word asbestos comes from is a Greek word, meaning "unquenchable" or "inextinguishable".

• Only much later, after the inception of this material, was it determined that asbestos is extremely hazardous when the fibers become airborne and are inhaled.  Asbestos fibers are long and sharp and get easily lodged and/or embedded in the lungs and cannot be expelled.

• 60 countries have banned the use of asbestos, either wholly or partially.

• The use of asbestos is not completely illegal in the United States, although it is banned in most products and heavily regulated.

• Thousands of tons of asbestos were used in WWII ships to wrap pipes, line boilers, cover engines, etc.

• Asbestos used to be used in brake pads and clutch discs.

• In the mid 1950s, Kent's cigarettes used asbestos in its filters.

• 1906 was the first recorded death related to asbestos.

• Developing countries still use asbestos for in construction for the reasons mentioned above (i.e. fire retardant, low cost, etc)

• According to the RAND corporation (an R&D think tank), asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 8,400 defendants and 730,000 claimants.

• Currently the most common type of insulation material was invented in 1938 – fiberglass insulation.

• In most developed countries, asbestos that has been removed from old buildings, ships, etc. in disposed of as hazardous waste in landfill sites.

• Asbestos can also be recycled by transforming it into silicate glass, a harmless product.

Pipefitters Beware

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Created on Tuesday, 20 September 2011 14:25

Pipefitters have a dramatically increased risk of developing an asbestos related illness. Even though the use of asbestos peaked back in 1973, it can take up to 40 years for Mesothelioma to develop. Since 1973, the use of asbestos has declined by almost 100%, according to the American Lung Association but people are still being diagnosed every year and over 10,000 people a year die from asbestos related diseases.

Even though asbestos is not prevalent in products manufactured today, pipefitters, plumbers, etc. often work in buildings or other environments that were developed long before asbestos became heavily regulated. Contrary to popular belief, asbestos is NOT illegal in the USA. It is banned in many products but according to the EPA: In 1989 the United States Environmental Protection Agency (EPA) issued the Asbestos Ban and Phase Out Rule which was subsequently overturned in the case of Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991). This ruling leaves many consumer products that can still legally contain trace amounts of asbestos. For a clarification of products which legally contain asbestos, read the EPA's clarification statement (http://www.epa.gov/asbestos/pubs/asbbans2.pdf).

Others professionals that remain at an increased risk include plumbers, electricians, engineers (mainly mechanical), and school teachers (if they worked in older buildings). For a more comprehensive list of professions that carry an increased risk, click: Am I at Risk for Developing Mesothelioma?

If you feel you may have been exposed to asbestos please talk to a physician. If you've already been diagnosed with any asbestos related disease or condition you should be aware that in many cases, the manufactures of the products, knew about the dangers of using asbestos yet chose to hide this information from the public and their employees. You and your family deserve compensation from these negligent companies/manufacturers. In many cases they are responsible for causing these diseases and they need to be held responsible for their negligence. It is recommended that you speak with a qualified Mesothelioma Lawyer as soon as possible. Timing for these types of cases is extremely critical.

New Clues to Why Only Some Develop Mesothelioma

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Created on Tuesday, 20 September 2011 14:24

Those who advocated on behalf of victims of mesothelioma are often confronted with a basic question, not just from the individual suffering from mesothelioma, but from their friends, family, and even co-workers.  That question, usually follows the track of:  “I worked with 50 different people who all did the same thing I did.  Why did I get this disease and they didn’t?”  Often times, in talking to co-workers, the question will be the reverse, “Why didn’t I get mesothelioma, and my co-worker did?”  These questions have long stumped researchers as to why people who do the same jobs, and suffer the same exposure to asbestos, may have different outcomes when it comes to developing a disease.

A group of Italian researchers has recently authored a publication that may help shed some light on the subject.  Their study sought to determine whether genetic mutations of cells may play some role in an individual being more susceptible to developing mesothleioma.  The researchers focused on pleural mesothelioma, and its contemplated association with single nucleotide polymorphisms (SNPs) of oxidative and xenobiotic metabolism enzymes.  The researchers identified a DNA repair gene, XRCC1, with the incidence of high pleural mesothelioma rates in the Italian town of Casale Monferrato.  Casale Monferrato was known to have a high exposure rate to asbestos.

To confirm this hypothesis of the relation of the DNA repair gene to pleural mesothleioma, the researchers extended their view of the SNPs in 15 genes that they believed could potentially be involved in the development of pleural mesothelioma.  The researchers conducted tests in Casale (151 patients with pleural mesothelioma, 252 non-diagnosed controls) and Turin (69 patients with pleural mesothelioma, 44 non-diagnosed controls).  The researchers then used a technique call multivariate logistic regression to evaluate the data.  Multivariate logistic regression is a form of statistical analysis that attempts to evaluate the interplay of numerous possible variables to determine the actual role and interplay those variables have on the result.  It involves the simultaneous analysis and observation of the multiple variables.  The result of the analysis was an estimated odds ration and 95% confidence interval.

The results demonstrated that there were two possible DNA repair genes that could be associated with those patients suffering from pleural mesothelioma as opposed to the controls.  These DNA repair genes were XRCC1 and ERCC1.  The researchers found that those exposed to asbestos had an increase risk of developing pleural mesothelioma in conjunction with the increasing number of XRCC1-399Q alleles.  They also found that there was a significant connection between the development of pleural mesothelioma and the haplotype XRCC1-TGGGGGAACAGA.  The researchers further noted an increased risk for those with heterozygotes for ERCC1 N118N.  Their findings supported the hypothesis that for those individuals exposed to asbestos, who are susceptible to DNA damage, there is an increased risk of developing pleural mesothelioma.

These findings are significant in that they attempt to explain the question as to why some individuals exposed to asbestos develop mesothelioma, and some do not.  These finding may also lay the groundwork for future research into the treatment of the disease.  Perhaps most importantly, these findings may result in new screening procedures to identify those who have these DNA repair susceptibility conditions who have worked with or around asbestos, and may result in more frequent screenings which could lead to an early diagnosis of the disease.  Mesothelioma, as with all cancers, is more responsive to treatment the earlier the disease is detected.  Though not in existence currently, this study could result in new genetic testing of designer medications designed to repair these DNA gene repair faults, which could someday help to prevent the development of mesothelioma in those exposed to asbestos.

Source: http://www.ncbi.nlm.nih.gov/pubmed/21277872

Exposed to Asbestos? Contact a Mesothelioma Lawyer For Help

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Created on Tuesday, 20 September 2011 14:21

There is no accurate count in the U.S. as to how many U.S. citizens have been exposed to asbestos through job related responsibilities, environmental exposure, or as the result of living around asbestos products, or living with someone who worked with asbestos, also known as secondary exposure.  It is safe to say, however, that since the mining of asbestos began, almost 100 years ago, the number is well into the millions.  That number continues to increase due to the fact that asbestos is still in products today, and is still present in buildings.  Thankfully, not all people who are exposed to asbestos will develop an asbestos related disease such as lung cancer or mesothelioma.  Those that do, however, are entitled to compensation and a mesothelioma lawyer can help.

Aside from mere monetary recovery, however, someone who is exposed to asbestos and develops an asbestos related disease must first prove, legally, that their illness was caused by exposure to asbestos.  In the U.S., the only known cause of mesothelioma is exposure to asbestos.  Thus, for those individuals who are diagnosed with mesothelioma, there is a much greater chance for proving that causation.  There is also a much better chance for effective treatment of mesothelioma if it is properly diagnosed.  Mesothelioma is an extremely aggressive cancer, and requires specialized treatment and management.  Unfortunately, improper diagnosis continues to plague those suffering from asbestos-related diseases.

It is estimated that approximately 2,500 to 3,000 Americans are diagnosed with mesothelioma every year.   This is a very small portion of new cancer diagnoses.  Due to the fact that mesothelioma is very rare, it is not often immediately considered as the diagnosis.  This is why it is important that anyone who is seeking treatment for an illness which may be related to asbestos informs their doctor of that asbestos exposure.  In addition to the rarity of mesothelioma, the actual malignant mesothelioma cancer cells can look like other types of cancerous cells.  These factors can combine to lead to a misdiagnosis, which is catastrophic to the victim as it could lead to the wrong treatments being utilized.  Additionally, depending on the diagnosis, it could prevent a victim and their family from being properly compensated for damage inflicted upon them by those responsible for exposing the victim to asbestos.

It is paramount, therefore, that if you or a loved one has been exposed to asbestos, that you share that medical history with your doctor when seeking treatment for any illness which may be asbestos related.  Also, do not hesitate to be an advocate for your own health and seek second opinions if you believe it is warranted.  One of the best alternatives is to see a doctor in your area who has diagnosed and treated asbestos related illnesses like lung cancer and mesothelioma before.  At Cates Law Firm, we can help you through this process.  Our experience in representing victims of mesothelioma enables our mesothelioma lawyers to assist you or a loved one in finding a treatment center nearby which has the necessary experience to diagnose and treat mesothelioma and other asbestos related illnesses.  Our mesothelioma lawyers can also assist you or a loved one with interpreting the results of medical reports and lab reports in conjunction with the victim’s work history and background, and therefore determine whether exposure to asbestos caused the illness.  Due to the aggressive and serious nature of mesothelioma and other asbestos related diseases, having the correct diagnosis is paramount to successful treatment.  You can find here a list of treatment centers and doctors around the country.  And if you would like to speak to one of our mesothelioma lawyers for a free, no risk consultation regarding your rights, please do not hesitate to contact us.

Mesothelioma – Story of Survival

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Created on Tuesday, 20 September 2011 14:21

The attorneys at the Cates Law Firm were delighted to see the news recently of a young woman who has thus far survived her diagnosis of mesothelioma for going on 12 years, and appears to be cancer free.  What started as an assumed fibrous growth was later diagnosed as peritoneal mesothelioma, a rare form of the deadly cancer that attacks the lining of the stomach or other areas of the protective peritoneal lining of the abdomen.  The Victoria Advocate of Texas has the full story.  (http://www.victoriaadvocate.com/news/2011/feb/03/jo_mesothelioma_020411_127846/?news)

These stories are inspiration not only to our attorneys and staff, but also to our clients and the approximately 2,000 to 3,000 people in the United States each year who are diagnosed with mesothelioma.  Those of us that represent victims of mesothelioma, and the families and loved ones of those diagnosed with mesothelioma, understand all too well the grim prospects associated with this aggressive cancer.  One of the first questions a person recently diagnosed with mesothelioma, or their family, will ask is what are the projections are survivability based on various types of treatment.  Unfortunately, in many cases, the treatments are incapable of providing the relief that this young woman has been able to achieve.  But it will be through her experience, and the experience of others like her, that helps those physicians treating patients diagnosed with mesothelioma learn the best modalities which can be used to help fight this disease.  Her story will also provide insight and inspiration to the legion of cancer researchers who are working on a cure to this deadly disease.  Most importantly, her story will bring hope to those suffering from a diagnosis of mesothelioma, and to their family members, that on occasion, the disease can be fought into remission.

Careful at Christmas – Asbestos in the Attic

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Created on Tuesday, 20 September 2011 14:19

For many families and individuals, Christmas is a time for families to get together to celebrate with each other and enjoy the many little traditions that unite them as a unit.  Though there are many other holidays in various other traditions which also fall during this time, such as Hanukkah, Ramadan, and solstice celebrations to name a few, one tradition which seems ubiquitous among Christmas fans is the decoration of the home.  Many people take pride in turning their home into a light bearing torch that would make Clark Griswold blush and potentially be seen from space.  These types of displays are often what makes it enjoyable to drive around your local neighborhood at this time of year to see what has been added to familiar yards, or what the newcomer to the neighborhood may display.  Part of the fun is that the scenes can change from year to year.

We all know, however, that Christmas decorations aren’t cheap, and therefore carry-over decorations from the holiday-past are standard among every home.  Whether it be the antique Santa sleigh with reindeer passed down from your grandfather, or that frosty the snowman lightup globe that everyone hates but you can’t get enough of, it is a part of the display that will be displayed for years to come.  Naturally, when it comes to these decorations, most individuals store them in the home.  And in many cases, that storage space, for something only used once a year, is in the attic.  Many people fail to appreciate, however, that dangers that can be associated with a trip to attic.

Aside from the typical dangers of falling through the drywall which supports most of the floor, or the plaster, many people don’t realize that the insulation in their attic may contain asbestos.  Asbestos was a wildly popular additive to insulation due to its properties as being tough, resistant to heat, a low conductor of electricity, and its strong insulation abilities.  Though most insulation providers ceased using asbestos in their products many years ago, asbestos in insulation can remain a threat to older homes.  Even if those homes have been remodeled, be sure that the attic was either remodeled or the asbestos removed.  It has been estimated that millions of homes in the U.S. may still have asbestos lingering in the insulation of the attic, and homeowners, especially those that own older residences, should be especially mindful during their trips to the attic this holiday season of the dangers caused by asbestos.  Though it may seem like a remote risk, due to the fact that one may only be in the attic briefly, there is no safe level of exposure to asbestos fibers, especially given the consequences.  Asbestos exposure is linked to life altering conditions such as pleural plaques and asbestosis, as well as life threatening conditions such as lung cancer and mesothelioma.  Homeowners should also be aware that asbestos fibers can hitch a ride on clothing, and thus be brought into the home where children and loved ones may be further exposed to asbestos.

This holiday season, take strides to ensure that your attic spaces are clear from asbestos.  Check the available records you have to see if there was asbestos in your home, and if it was removed.  Also check to see if the insulation used in your home ever contained asbestos, or the manufacturer of your insulation ever used in asbestos in their products, though if your home is less than 20 years old, the odds are good that you don’t have asbestos in your insulation.  If you do own an older home, however, and cannot determine if asbestos was used in the creation of your home, and cannot determine whether it was removed, consider wearing protective breathing masks and thoroughly washing your clothes before congregating with family to ensure the fibers do not become airborne the home.  This will prevent asbestos exposure to you and your family, and will also prevent the development of asbestos related diseases like lung cancer and mesothelioma.  Doing so will help ensure that you not only enjoy this Christmas, but that you and your family members can enjoy many more together in the future. 

Happy Holidays from the Cates Law Firm!  May your holiday season bring you joy and togetherness with the ones you love.

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New Mesothelioma Cause - Erionite

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Created on Tuesday, 20 September 2011 14:18

A recent study has confirmed that numerous residents of North Dakota, and many potential other states in the U.S., may be at an increased risk for developing mesothelioma, but not as a result of asbestos exposure.  It has long been known that exposure to asbestos fibers, whether directly, or as a result of working around asbestos containing products, can lead to long term health consequences, including the two most serious complications, which are lung cancer and mesothelioma.  New research has uncovered that another substance, which is similar to asbestos, can be linked to causing mesothelioma.

Erionite is a fibrous mineral that comes from a family of minerals called “zeolites.”  Erionite is typically found as fibrous masses in volcanic ash that has been weathered by rain or ground water.  (http://en.wikipedia.org/wiki/Erionite).  This typically forms in the hollows of rock formations.  Erionite has long been known as a group 1 carcinogen (http://en.wikipedia.org/wiki/List_of_IARC_Group_1_carcinogens), and though it is similar to asbestos fibers, it has not been regulated by the U.S. Envrionmental Protection Agency as an asbestos fiber.  In part based on the lax restrictions, Erionite was included in as much as 300 miles of roadway gravel used in North Dakota.  (http://www.businessweek.com/lifestyle/content/healthday/647305.html)

Erionite had long been connected to mesothelioma based on research performed in the Central Anatolia region of Turkey.  Scientists returning to those findings, using new statistical analysis, have confirmed the findings that Erionite exposure can cause mesothelioma, in the same manner as asbestos fibers.

This new data should lead to a debate at the E.P.A., and in state houses across the United States where a debate should be had regarding the use of erionite in road projects.  It has long been understood by researchers that asbestos in products can become airborne due to grinding, crushing, or general decay of the product, among other methods.  Using erionite as a gravel addition to roadways virtually assures that grinding and crushing will occur, as vehicles travel over the surface.  The air movement created by the moving vehicle will also ensure that the newly freed cancer causing erionite fibers will travel.  This has the potential to be a monumental health threat not just to those who travel on the roadways where erionite has been used, but to those individuals and families who live near roadways, who work upon the roadways, or at bus stops where children may congregate to wait and suffer prolonged exposure to fibers.  As has now been determined, this exposure can result in a latency period of many decades, like asbestos, but can nevertheless result in incurable diseases like lung cancer and mesothelioma.  As a result of this study, the E.P.A. needs to examine this issue again, to determine if erionite use should be strictly regulated like asbestos use, to minimize the risk of exposure to unprotected citizens who may be unaware of the risk.  To contact your local E.P.A. office to discuss this issue, you may click here:  http://www.epa.gov/regional/pdf/2010_senior_regional_contacts.pdf)

Mesothelioma Lawyers Can Help You

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Created on Tuesday, 20 September 2011 14:17

There are numerous fields contained within the law in which an attorney can practice.  They run the gamut from property law to family law to intellectual property, and everything in between.  At Cates Law, we focus our practice on representing victims of another’s negligence, whether that be through professional malpractice or through the failure of some company to make their products safe.  In many cases, our clients already know how the injury occurred, as in the case of an automobile accident.  Indeed, they may also know why that other individual or corporation was negligent. 

In asbestos exposure cases, this is not always the case.  There are generally two main categories into which individuals who have been exposed to asbestos can be categorized.  These include primary exposure, and secondary exposure.  In cases involving primary exposure, our clients are those individuals who actually handled asbestos, or worked in close proximity to asbestos such that they can identify where the asbestos was, where it came from, or how they where exposed.  A secondary exposure case is generally one where the individual was exposed to asbestos that a family member brought home on their clothes.  The individual who was exposed will often be the one who washed the asbestos laden clothes, or children who came into close proximity to the those clothes before they were washed. 

These kinds of exposure cases are increasing in frequency and they present the problem that often times, these victims do not know where the asbestos came from.  (http://www.contractorscompare.com/tradesmens-news/Joiners-Liability-Insurance/Dust-on-clothing-may-have-given-woman-mesothelioma_2251.aspx)  They may know where their loved one worked, but they do not know what they worked around, which products may have contained asbestos, and how that asbestos came to be on their family members clothes.  (Woman, only 44, contracts mesothelioma from grandfather’s clothes - http://www.wiredprnews.com/2010/12/03/mesotheliomaweborg-british-woman-contracts-mesothelioma-from-grandfather%e2%80%99s-clothes_2010120315489.html)  In these instances, an attorney who focuses on asbestos litigation and representing victims of mesothelioma can be a huge benefit. 

Experienced mesothelioma lawyers with decades of experience can assist the victims of mesothelioma in determining how they were exposed by determining what products which contained asbestos were located at a given jobsite, and how that asbestos may have come home with the victim’s family member.  It is important to keep in mind that while we know that mesothelioma in the United States is caused by asbestos exposure, in order to hold those companies liable for that exposure, you have to be able to determine who was responsible for that exposure.  As the latency period for mesothelioma can be 20-50 years, memories will fade, companies will be bought, sold, or go out of business, and making an effective determination of who was responsible for that exposure can be tremendously difficult without the help of experienced attorneys. 

The example from the above article is merely one example of the many family members of asbestos exposed workers who will be diagnosed with mesothelioma this year.  Mesothelioma is a disease that is incurable, extremely aggressive, but most importantly, unnecessary.  The corporations that caused you or a loved one to acquire this terrible illness can be held accountable, so long as the proper proof is presented at trial.  Experienced mesothelioma lawyers can help, so if you or a loved one is considering hiring representation for a victim of mesothelioma, do not be afraid to ask about past experience to ensure you or your loved one receive the highest quality of representation you can have.  It is what the victims of this terrible disease deserve.

Why Demolition for Asbestos Laden Buildings Must Be Enforced

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Created on Tuesday, 20 September 2011 14:15

Since 1989, the Toastmaster factory in Algonquin, Illinois has sat mostly vacant.  The factory itself is approximately 94 years old.  A fire that recently gutted the structure; however, has brought this forgotten building back into the collective conscience of the community at large.  (http://algonquin.patch.com/articles/cause-of-fire-at-abandoned-toastmaster-factory-remains-unknown) 

The problem being that this particular factory may have been loaded with asbestos.  (http://www.myfoxchicago.com/dpp/news/metro/algonquin-toastmaster-fire-asbestos-20101020)  The destruction caused by the fire could have lead to the asbestos becoming airborne.  As a precaution, a nearby bike path and a local school were closed to determine the nature of the risk of asbestos exposure and debris which may have resulted from the fire.

This occurrence reveals the destructive nature of asbestos which is left in place long after buildings are abandoned.  While most current regulations do not require the asbestos to be removed so long as it is “contained,” there is always the possibility that an event can cause this asbestos to become “uncontained.”  Residents who may be exposed to this grave health threat have the right to ask their representatives, “Why was that asbestos still there?”  There is simply no reason why it should be.  Asbestos is a health threat regardless of how “contained” in some pipe or compound it may be.  As the fire at Toastmaster highlights, events can always free that asbestos.  And once free, it can wreak havoc on the community at large, and cause unnecessary illnesses, up to and include mesothelioma, the deadliest of all asbestos related diseases.

It cannot be understated that fire damage to old buildings should be an understood risk, and coupled with the physical properties of asbestos, it should be foreseeable that the asbestos will become airborne.  As those familiar with the physical characteristics of asbestos are aware, asbestos is a mineral which is extremely resistant to heat, which is why it was used in many cases as insulation for boilers, pipes, steam traps, and other such high heat applications.  (Link to our website on the properties of asbestos)  As such, it should come as no surprise that while many of the components of a building may burn off in a fire, the asbestos will remain, and will be blown about by the wind, where it may come into contact with unsuspecting residents who had no idea of the potential health risks associated with leaving asbestos in buildings.

Unfortunately, the ramifications of the fire at Toastmaster in Algonquin, Illinois, may not be fully understood for several years or decades, as the latency period between asbestos exposure and the development of an asbestos related disease such as lung cancer or mesothelioma can be 20-50 years.  It does highlight, however, the need for aggressive abatement of asbestos in old factories, warehouses, and abandoned buildings.  The citizens who live around these buildings deserve the peace of mind of knowing that should a fire break out, they don’t have to worry about their children or themselves being exposed to these deadly fibers.

Mesothelioma Cure?

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Created on Tuesday, 20 September 2011 14:14

A drug company based in Italy, MolMed S.p.A., is garnering attention due to the fact that it is claiming a drug it has under development may be the first drug able to “cure” patients of mesothelioma.  Mesothelioma is a cancer associated with asbestos exposure, and as of today, there is no cure.  There are numerous treatments for the disease, though some are more effective than others.  These treatments, which can include chemotherapy, surgery, radiation, or a combination of the three, typically are palliative in that they are unable to prevent recurrence of the mesothelioma cancer.  Though some patients may initially experience remission and may even spend a period of time with no detectable level of the disease, the prognosis for all mesothelioma patients is that the cancer will return. 

The new drug from MolMed S.p.A, called NGR-hTNF, has been labeled as having curative effects in five different types of solid tumors, including mesothelioma.  The drug works by actively disrupting the ability of the tumors to form blood vessel connections, thus cutting them off from nutrients and leading to their death.  The drug is currently still undergoing clinical trials, though MolMed is attempting to recruit patients quickly for further clinical trials in effort to get the drug approved and to market.  http://basicstory.com/mesothelioma-finally-a-cure-called-ngr-htnf/138392/

Currently, the drug has Orphan status in the United States.  Orphan status means that the drug is a rare drug, which was purposely designed to treat a very rare disorder, or subset of a disorder.  The Orphan Drug Act of 1963, passed in the United States, had the purpose of attempting to entice manufacturers to develop drugs for rare diseases.  The drugs typically follow the same path to market, however certain factors may be lessened, in that it may not be possible to achieve the necessary number of patients needed for certain required clinical trials. 

The drug is currently undergoing Phase II clinical trials, and there is no date yet known when, or if, the drug may make it to market.  Though if the results of the initial tests hold over the course of the next clinical trials, it may be some long anticipated good news for the approximately 3,000 people each year in the United States who are diagnosed with mesothelioma.

Vitamin E and Mesothelioma

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Created on Tuesday, 20 September 2011 14:13

New research taking place in various clinical trials seems to demonstrate a correlation between Vitamin E and the successful treatment of mesothelioma. 

Mesothelioma is a cancer of the mesothelium, the lining of the various organs in the chest cavity.  The most common forms include pleural mesothelioma (cancer involving the lining of the lungs), peritoneal mesothelioma (cancer involving the lining of the organs of the chest or chest cavity lining) and pericardial mesothelioma (cancer involving the lining of the heart). 

As of today, there is currently no cure for mesothelioma.  The various treatments which exist, from chemotherapy, to surgery, to radiation therapy, are palliative attempts at treatment, and while some may live for a period without the disease, it usually returns.  Recent research, however, has indicated that adding Vitamin E as part of a holistic therapy can improve treatment results and quality of life.  Clinicians have surmised that Vitamin E may be important in achieving the targeted cell death (apoptosis) of mesothelioma cells. 

The initial discovery of the benefit of Vitamin E was reported in the International Journal of Cancer.  (http://onlinelibrary.wiley.com/doi/10.1002/ijc.20062/pdf) These findings have been verified with new studies that have recently been published.  Though not a cure, several of the researchers believe that Vitamin E may play a role in increasing the survivability rate of those suffering from mesothelioma.  Modification to any treatment should only be made with the consultation of a treating physician, however, and those suffering from this disease should talk to their doctors before making any changes.  Though most clinicians agree that Vitamin E is not a panacea, the promising effects certainly call for more study to ascertain the benefits associated with use.

Asbestos Still a Health Threat in 2010

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Created on Tuesday, 20 September 2011 14:12

It appears to be a common belief among many Americans that asbestos, due to the known dangerous health risks, is no longer used by American companies, and as a result, there is no longer a health danger associated with asbestos exposure. Unfortunately, this could not be further from the truth. Despite numerous attempts by consumer groups to get Congress to ban the use of asbestos in the U.S., Congress has declined to do so. As such, asbestos is still in use in this country today, and is still finding its way into products, despite the serious health consequences associated with those who are exposed to the toxic substance. Despite the fact that the manufacturers and distributors of asbestos and asbestos laden products are well aware that asbestos exposure, even small amounts, can cause asbestosis, lung cancer, and mesothelioma, they understand that there is still a market for the product, and have thus continued selling it.

What may be more concerning, however, is the prevalence of asbestos which is still found in public buildings that has never been removed. Just a couple days ago, the a basketball game at Madison Square Garden in New York was cancelled due to the fact that asbestos fibers were detected in the seating area after maintenance had been done to the attic of the building. (http://www.cnn.com/2010/US/11/03/new.york.arena.asbestos/index.html?hpt=Sbin) This merely highlights the problem that results when asbestos is left in a building where the public may come into contact with it. Though asbestos was routinely used as part of solid products, like wrapping or tile, over time that product can degrade, and the asbestos fibers can become airborne. Despite various levels of disagreement between regulatory agencies, business lobbies, and medical professionals – the “safest” level of asbestos exposure is to not be exposed to asbestos. Unfortunately, as older buildings get older, it becomes tougher and tougher to keep the asbestos fibers trapped in the products they were made in. Thankfully, the owners of Madison Square Garden had installed air monitors to detect airborne asbestos fibers. Not all building owners have that capability. Unless and until those groups that own and maintain these buildings remove all the asbestos and asbestos containing products from them, the public will continue to remain at risk of asbestos related diseases.

Wet Removal of Asbestos – A Sham

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Created on Thursday, 18 August 2011 02:27

On November 20, 1990, the Environmental Protection Agency (EPA) revised the asbestos NESHAP regulations. (http://www.epa.gov/region04/air/asbestos/demolish.htm) The NESHAP regulations were the guidelines that building owners must follow when demolishing a building which had asbestos containing materials (ACM). The EPA regulations classified the ACMs into separate fields based on the materials, and the likelihood that asbestos fibers could be released depending on the type of demolition used. It is a well understood fact that when asbestos containing products such as floor or ceiling tiles are crushed or pulverized, they create dust, which can contain thousands of microscopic asbestos fibers. One of the reasons asbestos was so popular during its nadir was the fact that asbestos fibers are nearly indestructible. As such, it should be no surprise that asbestos fibers would survive demolition while the other products they are embedded in would not. The EPA, recognizing this fact, sought to enforce guidelines that would require building owners to remove certain asbestos containing materials from the demolition site before demolition could occur. This would ensure that asbestos would not be released into the air and potentially cause injury to the demolition contractors, or the general public.

There has been a push in the last couple years, however, by numerous different business groups to lobby to the EPA to back away from its strict standard of removal of asbestos products before demolition. These groups advocate a new approach, called “Wet Demolition.” The “wet method,” or Alternative Asbestos Control Method, first appeared under the Bush administration as a potential cost-saving, yet effective method of ensuring that asbestos did not become airborne during demolition. The basic premise was that prior to demolition, a building would be “wetted” down with a firehose. The belief being that if the asbestos containing products are wet, then when they are crushed or pulverized, no dust will be released and no airborne contamination will occur.

The EPA actually tested this theory when demolishing regional offices in St. Louis, MO, Ft. Worth, TX, and Ft. Chaffee, AR. The result was unsurprising to those who advocated against such a sea change in the way asbestos is removed from buildings prior to demolition. Basically, the “wet method” was an abject failure in prohibiting the release of airborne asbestos fibers. The EPA has set a standard level of acceptable asbestos particulate or dust, in residential environments where people are present, when sites containing asbestos are demolished. That number is set at 5,000 asbestos structures per cubic centimeter (s/cm^3). At those sites where the EPA tested the “wet method,” the amount of measured dust was significantly above that threshold. The perimeter air monitors at Ft. Worth detected increased asbestos levels, and adjacent buildings exceeded the level of acceptable asbestos settlement. The Ft. Chaffee site also had increased asbestos release, with one pavement sample coming in at 19,400 (s/cm^3), almost 4 times the acceptable normal action level. The study also found that the water used to “wet” the building, after demolition, was highly contaminated with asbestos.

Despite what appeared to be the abject failure of the “wet method,” there remains debate on Capitol Hill about allowing this method to become a standard tool for demolition of asbestos containing buildings. A leading consumer advocacy group, Public Justice, (http://www.publicjustice.net/) has led the charge to lobby the EPA not to allow this method of removal to become standard. (http://www.publicjustice.net/Newsroom/News/Letter-to-EPA-regarding-Wet-Method-Reports.aspx) Those who represent the interests of victims stricken by asbestos related diseases (link) understand all to well the damage that can result to not only and individual, but their family, as a result. The “wet method” is simply unsafe for ensuring the needless injury of the public and the demolition crews who are responsible for the dismantling the building. The results of the attempts are starkly clear – asbestos fibers are released into the environment at a higher level than acceptable. Whether it be a nearby resident who is merely unaware, or a future resident who comes into contact with these elevated levels of asbestos due to their ease of travel through the air, using the “wet method” of removal needless increases the risk that members of the public will develop mesothelioma, lung cancer, asbestosis, or some other asbestos related disease. The reality is that the EPA already has a system in place in to ensure effective removal of asbestos such that the general public is not put at risk. Though it may be expensive, there is no reason to gamble with the health of the public in an attempt to save some money utilizing the “wet method” of asbestos removal.

To learn more and to voice your opinion against “wet removal,” you can contact your local EPA office and Congressmen. A list of EPA offices is located here. (http://www.epa.gov/regional/pdf/2010_senior_regional_contacts.pdf)