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Kamis, 26 Januari 2012

US Asbestos Imports Increases in 2011

The United States has yet to ban asbestos, a known carcinogen, and in 2011 the amount of asbestos that the US imports increased according to US government statistics. It is axiomatic, that the legacy from the this increase of asbestos imports will cause an increase in asbestos related illness in the US 30 years down the road as asbestosis and malignancies such as lung cancer and mesothelioma rise.

The following statement was issued today by Linda Reinstein, Co-Founder, President & CEO of the Asbestos Disease Awareness Organization, regarding the 2012 United States Geological Survey report about the dramatic increase in asbestos importation to the United States:

"As a Mesothelioma widow and asbestos awareness advocate, I was appalled and shocked to discover today that the 2012 United States Geological Survey (USGS) Mineral Commodity Summaries reported asbestos consumption from January through July of 2011 to be 1,100 metric tons; however, when comparing a previous report from January through July of 2010, asbestos consumption was reported to be 820 metric tons. This difference of 280 metric tons represents a 25% increase in consumption. For more than three decades, asbestos has been a known human carcinogen, yet occupational and environmental exposure continues throughout the United States.

There is no safe limit for asbestos exposure. Asbestos should be banned in the US. The introduction and use of asbestos fiber into the US environment will only perpetuate a legacy of fatal disease for future Americans.

Click here to read: USGS Mineral Commodity Summaries 2012
"Domestic Production and Use: Asbestos has not been mined in the United States since 2002. The United States is dependent on imports to meet manufacturing needs. Asbestos consumption in the United States was estimated to be 1,100 tons, based on asbestos imports through July 2011. Roofing products were estimated to account for about 60% of U.S. consumption; the chloralkali industry about 35%; and unknown applications, 5%."

Minggu, 11 Desember 2011

$2 Million Verdict to Plastic Compounder Suffering Mesothelioma - Call For Asbestos Ban

This week a New York state jury awarded $2 Million dolars to a former plastic compounder who was exposed to asbestos fiber and was subsequently diagnosed with mesothelioma. The employee worked in a plastic factory in 1966 and poured raw asbestos fibers to make molds. Some of the asbestos fiber was supplied by Hedman Resources Ltd., a Canadian asbestos mining company.

Mesothelioma is a rare and fatal cancer caused by exposure to asbestos fiber. Hundreds of thousands of lawsuits have been filed against the asbestos manufacturers and producers since the early 1970's in the US seeking benefits. Despite the continuing epidemic of asbestos related disease and massive weight of scientific evidence of the deadly carcinogenic qualities of asbestos, Canada continues to mine asbestos fiber and sell it worldwide. It is estimated that that 107,000 workers die annually from asbestos-related diseases.

To this day there is no asbestos ban in effect in the US. The Canadian asbestos industry still exports asbestos fiber used in the US and other parts of the world. On Thursday, The Asbestos Disease Awareness Organization (ADAO) which combines education, advocacy, and community to provide a unified voice for asbestos victims, today announced with the Canadian Voices of Asbestos Victims the release of the North American Declaration to Eliminate Asbestos-Related Diseases.

The Declaration initiates an enhanced collaboration between the U.S. and Canadian asbestos disease victims and their families, public health organizations, environmental non-governmental organizations, occupational safety and health (OSH) specialists, and politicians. While ADAO has been individually partnering with Canadian counterparts for education, advocacy, and community initiatives for several years now, the North American Declaration for the Elimination of Asbestos-Related Diseases unifies the demands voiced by American and Canadian asbestos victims to eliminate asbestos-caused diseases.

To read more about the verdict click here: Jury awards $2 million to Falls man in suit filed over asbestos exposure

To sign the petition to ban asbestos fiber click here: Petition to Ban Asbestos Fiber

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Selasa, 26 April 2011

An Independent and Impartial Judiciary Is A Duty Owed The People

"...judicial independence is not for the judges, and it’s not for the lawyers; it’s for the people who come to court..."

Chief Justice Shirley Abrahamson, Wisconsin Supreme Court.

The US Judicial system is based on the cornerstone of the fairness, impartiality and absence of bias. Hearing official are charged with that obligation when they take their oath of office.

The recent filing of a class action complaint in NY charging that a group of local Administrative Law Judges did not meet that responsibility is indeed shocking.

See the complete NY Times report: http://tinyurl.com/3cfxs97

Jumat, 08 April 2011

Special Master to be Appointed Soon for Zadroga Fund

September 11, 2001 attacks in New York City: V...

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The selection of a Special Master to manage the Zadroga 9/11 health fund is imminent reported The New York Times. The special master will be managing the multi-million dollar benefit fund created under recent Federal legislation that will provide assistance to those who were injured following the attacks on the World Trade Center on September 11, 2001.

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Selasa, 01 Februari 2011

WR Grace Asbestos Bankruptcy Plan Receives Initial Approval

A Delaware Bankruptcy Judge has approved a reorganization plan for the former asbestos manufacturer, WR Grace. The company sought bankruptcy protection in 2001 from asbestos liabilities. The reorganization plan provides for the payment of benefits to victims of asbestos related disease.The proposed plan now must be reviewed by a US District Court Judge for final approval.

Asbestos exposure results in progressive and latent diseases including: asbestosis, lung cancer and mesothelioma. There is no known cure for mesothelioma, a rare and fatal disease. The use of asbestos is not yet banned in the US.

WR Grace manufactured asbestos insulation, Zonolite, and other asbestos containing products . For many years it mined asbestos in Libby, Montana, and left behind a legacy of disease to its former employees and residence of the mining community. Last year, the US Congress passed and the President signed, a national health care bill that provided medical coverage under Medicare for those who worked and/or resided in Libby, Montana.

Once the US District Court finalizes approval of the plan, the present and futures asbestos victims trusts will begin processing claims for payment.

Sabtu, 22 Januari 2011

Benefits Available Under the Zadroga 9/11 Victim Compensation Fund

On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.

Additionally, various respiratory and digestive diseases are being reported including:

1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).

Sabtu, 11 Desember 2010

Judge Orders Arrest of CEO of Asbestos Supplier

A Judge in Tennessee has order the arrest of the Chief Executive Office of an asbestos supplier for his failure to provide information concerning the company's assets. The action followed the jury's award of $4.1 Million for the death of a man who was exposed as a pipe-fitter to asbestos fiber sold/distributed by the company, National Service Industries.

Jumat, 10 Desember 2010

Warning: Surgeon General Finds Workplace Tobacco is Even More Dangerous to Your Health

Workers who are exposed to tobacco smoke, even in small quantities, are subjecting themselves to an increased risk of illness and disease. The newly published Surgeon General Report, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease, takes a detailed, scientific look at the toxicology and biology behind nicotine addiction and tobacco smoking, including carcinogenic effects and the adverse effects on cardiopulmonary and reproductive health.

Exposure to tobacco smoke – even occasional smoking or secondhand smoke – causes immediate damage to your body that can lead to serious illness or death, according to a report released today by U.S. Surgeon General Regina M. Benjamin. The comprehensive scientific report - Benjamin’s first Surgeon General’s report and the 30^th tobacco-related Surgeon General’s report issued since 1964 - describes specific pathways by which tobacco smoke damages the human body and leads to disease and death.

Selasa, 30 November 2010

Pulmonary Embolism Held to Be A Vascular Disease

The NJ Appellate Division held that a pulmonary embolism was a vascular disease and not compensable under the NJ occupational disease provisions of the Workers' Compensation Act. The Court distinguished the medical event from an occupational exposure. Vascular disease are governed by a more stringent standard (NJSA34:15-72).

In reversing the trial court the Appellate Division, held that 5 elements need to be present to prove an occupational condition:

"From our review of the history and application of Section 31, we extrapolate five common themes of occupational disease claims. First, the employee is exposed to conditions that would be viewed as creating a likely risk of injury. Second, there is continued exposure to the work conditions. Third, there is an inherent hazard of continued exposure to the conditions. Fourth, there is attached to that job a hazard that distinguishes it from the usual run of occupations. Fifth, the claim is made because of long-term exposure, not because of one specific event."

The Court distinguished the episode from an "occupational heart condition" which the NJ Supreme Court ruled was compensable condition in Fiore. That condition was a hybrid compensable condition crafted between the standards of NJSA 34:15-31 and NJSA 34:15-7.

Renner v. ATT Docket No. A-3237-09T3, 2010 WL 4811913 (N.J.Super.A.D. 2010)

Kamis, 04 November 2010

November is Lung Cancer Awareness Month

We support Lung Cancer Awareness Month and encourage medical screenings and financial support to find a cure. Early awareness and treatment of the disease at its early stages, when it is most curable, would significantly improve outcomes.

Lung cancer is the leading cause of cancer death in every ethic group. Nearly 80% of new lung cancer cases are former and never smokers.

Exposure to asbestos is major and significant cause of lung cancer. The development of disease may take up to 30 years to manifest following exposure to asbestos.

The Lung Cancer Alliance is the only national non-profit organization devoted solely to support and advocacy for all those living with or at risk for lung cancer. Recognized as one of the most highly rated charities as reviewed by the public on GreatNonprofits.org, Lung Cancer Alliance maintains a 3-star rating by Charity Navigator and is a proud participant of the Combined Federal Campaign

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

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Rabu, 03 November 2010

Asbestos Danger Closes Madison Square Garden

Asbestos falling from the ceiling of Madison Square Garden (MSG) resulted a cautious closing of the arena because of the potential health hazards. On going construction and renovation of the facility resulted in workers dislodging the known cancer producing substance.

In a statement issued by MSG management, caution was stressed:
"Out of an abundance of caution, we are postponing tonight's Knicks v. Magic game. We will be working with the city and independent experts, ATC Associates and GCI Environmental Advisory, to evaluate and determine the most appropriate course of action. As the safety of our customers and employees are our top priority, we will not reopen the Garden until we are absolutely assured the Arena is safe.

Asbestos is a known carcinogen and exposure results in asbestosis, lung cancer and a rare and fatal disease, mesothelioma. There is no minimum safe dose level of exposure to asbestos. The disease manifests decades after the exposure to fiber occurs. The use of asbestos in the past has resulted in an epidemic of illness.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

Rabu, 25 Agustus 2010

$500,000 Verdict Awarded Police Officer Terminated Due to Disability

The Record reports that a police officer, who was unable to work because of blood thinner therapy flowing from a work related injury and a pregnancy, was awarded $500,000 because the employer terminated her because of the disability.

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered accidents & exposures at work.