Childrens Asthma Caused By Pregnant Mothers Occupational Exposure

A recent study of pregnant working women reveals that their exposure to occupational pollution results in their children's development of asthma. The report was presented at the Eastern European Respiratory's annual meeting in Amsterdam. "The results indicate an association between maternal occupational work exposures and the risk of asthma in the child at age 7 years. "

Reuters reported: "In a Danish review of registry data on 45,658 seven-year-old children and their mothers, 18.6 percent of children of mothers who were exposed to low-molecular-weight particles and irritants at work during pregnancy contracted asthma, compared to 16.1 percent of the general population."

See: Mothers work exposure during pregnancy and asthma in their children, a prospective cohort-study; B. H. Christensen, A. D. Larsen, L. R. Skadhauge, A. M. Thulstrup, K. S. Hougaard, K. S. Hansen, M. Frydenberg, V. Schlünssen (Aarhus, Copenhagen, Esbjerg, Gentofte, Denmark)

For over 4 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.

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Jack McConnell Confirmed by U.S. Senate as US District Court Judge

We are proud to announce that our national asbestos co-counsel, John J. McConnell, Jr., has been confirmed by the U.S. Senate Judiciary Committee following his nomination by President Obama to serve on the federal bench in Rhode Island. If selected, he will replace retiring U.S. District Judge Ernest C. Torres in the U.S. District Court for the District of Rhode Island.  

For over a quarter of a century, Jack has worked with our office in handling many cases, including asbestos litigation matters. His legal brilliance and insight as a trial attorney resulted in a verdict of $5.8 Million in a Federal court trial against Keene Corp., an asbestos producer. It was the largest single damage verdict in the US at the time. His superior negotiation ability coupled with his endless compassion for the victims of asbestos related illnesses, and their families, has resulted in the favorable resolution of hundreds of claims.

Read more about Jack McConnell’s experience and his long history of community involvement and commitment to the pursuit of justice.

NIOSH Issues "Roadmap" Document Suggesting Asbestos Research Strategy

The National Institute for Occupational Safety and Health (NIOSH) announces the availability of “Current Intelligence Bulletin: Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research.” The document contains NIOSH’s recommended framework for a national research strategy to address current scientific uncertainties about occupational exposure and toxicity issues relating to asbestos fibers and other elongate mineral particles.

The Current Intelligence Bulletin is available online at www.cdc.gov/niosh/docs/2011-159/.

It is well documented that asbestos fibers can cause lung cancer and other types of serious lung disease in workers when inhaled. Since the passage of the Occupational Safety and Health Act in 1970, considerable progress has been made in preventing harmful exposures and protecting workers from risks of illness. However, many scientific uncertainties remain as to the health risks associated with exposure to other elongate mineral particles, including those with mineralogical compositions identical or similar to the asbestos minerals and those that have already been documented to cause asbestos-like disease, as well as the physical and chemical characteristics that determine toxicity.

The new NIOSH document incorporates extensive public comment and scientific peer review, including review by an independent committee of the Institute of Medicine and the National Research Council. The document does not set any new NIOSH policy regarding asbestos fibers and other elongate mineral particles.

“The NIOSH roadmap outlines a strategic framework for designing, conducting, and applying the research that will best serve the need to address persistent scientific uncertainties about occupational health and elongate mineral particles,” said NIOSH Director John Howard, M.D. “We look forward to working with our partners to advance this research, building on today’s state-of-the-art scientific tools and methodologies.”

Priority areas for research, as proposed by the roadmap, include:

• Developing a broader understanding of the factors that determine the toxicity of asbestos fibers and other elongate mineral particles.


• Developing information and knowledge on occupational exposures to asbestos fibers and other elongate mineral particles, and related health outcomes.


• Development of improved sampling and analytical methods for asbestos fibers and other elongate mineral particles.


• Applying research outcomes to improve public policy.

NIOSH is the federal agency that conducts research and makes recommendations for preventing work-related injury, illness, and death. NIOSH has a longstanding program of research and health surveillance to prevent asbestos-related disease, and its scientific findings and recommendations have contributed significantly to national policies for eliminating or minimizing harmful exposures. Further information is available at www.cdc.gov/niosh/topics/asbestos/.

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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• Big Labour Pulls Support for Asbestos (montrealgazette.com)

New Drug May Be Effective Against Mesothelioma

Recent research by Japanese scientists have been reported effective against malignant pleural mesothelioma [MPM], a rare cancer associated with asbestos exposure. The drug, named S-1, has been developed as a novel oral antineoplastic agent "based on the modulation of 5-fluorouracil (5-FU) bioactivity."

The scientists used three human MPM cell lines, Y-MESO-14, NCI-H290 and MSTO-211H. In vitro proliferation of human MPM cells was determined by MTT assay. Human MPM cells were orthotopically implanted into thoracic cavity of SCID mice. Tumor-bearing mice were treated with S-1 or vehicle.

"The combination of 5-FU and 5-chloro-2,4-dihydroxypyridine (CDHP) was more effective than 5-FU alone in inhibiting MPM cell proliferation in vitro. This combination was most effective in Y-MESO-14 cells, which co-expressed high protein level of dihydropyrimidine dehydrogenase (DPD) and thymidine phosphorylase (TP). In vivo data showed that treatment with S-1 significantly reduced thoracic tumors and pleural effusion produced by Y-MESO-14 cells. Moreover, treatment with S-1 prolonged the survival of Y-MESO-14 cell-bearing SCID mice."

They concluded, "We demonstrated that S-1 was effective for inhibiting the proliferation of MPM cells, particularly with both DPD and TP expressions, suggesting that S-1 might be therapeutically effective for control of MPM."

CANCER CHEMOTHERAPY AND PHARMACOLOGY DOI: 10.1007/s00280-010-1503-x

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• $7 Million Verdict Upheld for Wife of Asbestos Worker for Handling Workers Clothes

Asbestos Used by Brake Workers Linked to Malignant Mesothelioma

A recent study published in the Annals of Occupational Hygiene finds that exposure to chrysotile asbestos fiber manufactured by a friction materials factory, Raybestos Manhattan Inc., was causally to malignant mesothelioma, a rare and fatal disease. This appears to be consistent with the association previously established among Quebec asbestos miners and at a South Carolina asbestos textile factory. 


Raybestos Manhattan formerly had many frictional materials plants in operation throughout the US. One facility was located in Passaic NJ. That plant closed in June of 1975. Hundreds of workers' compensation claims were filed by the former workers who suffered from illnesses as a result of the exposure to asbestos fiber. Claims were also filed against the manufacturers and distributors of asbestos products including the asbestos mines in Quebec. 


Annals of Occupational Hygiene, doi:10.1093/annhyg/meq046 


Click here to read more about asbestos related disease and claims 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 illnesses.

Report Urges Worldwide Ban on Asbestos as Fatal Dangers Continues

Corporate greed resulting in the loss of life is the conclusion of a major investigative report just published concerning the worldwide asbestos trade and global epidemic of disease. The report, strongly urging the rationale for a worldwide ban of asbestos, has been published in print simultaneously with the release of a series of audio broadcasts.


The investigative reports have been published by The Center for Public Integrity (CPI) based on the investigative reporting of  the British Broadcasting Corporation's (BBC)  joint venture with the International Consortium of Investigative Journalists. 


Jim Morris of CPI reports, "A global network of lobby groups has spent nearly $100 million since the mid-1980s to preserve the market for asbestos, a carcinogen now banned or restricted in 52 countries. Scientists say asbestos may cause up to 10 million deaths by 2030, with a mounting toll in the developing world."

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. 


Asbestos contamination remains an international problem. Recent reports indicate that US military troops have been exposed to asbestos in Iraq and Afghanistan through indiscriminate use of burn pits by military contractors. 


When the original 1911 workers ' compensation statutes were amended to cover occupational illnesses and diseases, the workers' compensation system in the United States was  overwhelmed with cases involving asbestos exposure and malignancies including mesothelioma. 


The concentration of asbestos manufacturing plants  along the east and west coasts where the shipyards and manufacturing was located quickly created clusters of cases in those jurisidctions. The state of New Jersey has a history of being a heavily industrialized state with a huge legacy of pollution from asbestos to petrochemical. Dr. Irving J. Selikoff, of Paterson, NJ, began his landmark studies on asbestos workers in New Jersey. In 1911, almost a century ago, NJ adopted an administrative system known as workers' compensation and it was the intent of the Legislature to provide a speedy and cost effective system of delivering statutorily defined benefits to injured workers while passing the costs onto the consumers of products and services.


Soon the compensation system with its limited administrative resources and its limited benefits gave way to the use of the civil justice system for direct actions against asbestos manufacturers, suppliers and health research organizations. Asbestos litigation has been deemed to be "the longest running tort" in the history of the US justice system.


The problem of the delivery of medical care to asbestos victims remains a serious issue as the insurance industry continues to make the road for medical care more difficult to navigate and obtain. A new occupational healthcare program with the potential of being the most extensive, effective and innovated system even enacted for the delivery of medical to injured workers was recently enacted into law. The initial project for the provision of federalized medical care was initiated in Libby Montana the site of a former asbestos manufacturer.


Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Asbestos Manufacturer Circor - Leslie Files for Bankruptcy Protection

Circor International, Inc. (NYSE: CIR) today announced a major development in its effort to stem mounting asbestos litigation costs and resolve asbestos liability claims at its Leslie Controls, Inc. subsidiary.

Leslie today filed a pre-negotiated plan of reorganization as a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code in U.S. Bankruptcy Court for the District of Delaware. Supported by a committee of attorneys representing current asbestos claimants and a proposed independent representative of future claimants, the plan is intended to permanently resolve Leslie’s asbestos liability through the creation of a trust pursuant to Section 524(g) of the U.S. Bankruptcy Code. All current and future asbestos claims against Leslie would be channeled to the trust for review and payment, thus providing both Leslie and CIRCOR with permanent court protection from such claims.

“Because we strongly believe that exposure to Leslie’s products has not caused any asbestos-related illness, our strategy has been to vigorously defend these claims,” said CIRCOR Chairman and Chief Executive Officer Bill Higgins. “However, the cost of this defense has exceeded the profits generated by Leslie’s operations, and we have been considering for some time a range of strategic alternatives that would enable us to permanently eliminate this expense and risk. Resolving Leslie’s asbestos liability through a pre-negotiated plan of reorganization accomplishes that aim, while preserving the value of a strong and viable business.”

Asbestos is a known cancer causing agent and has been linked to asbestosis and mesothelioma.

“We believe that a 524(g) trust that equitably resolves all pending and future claims and provides CIRCOR with permanent protection from derivative claims is in the best interest of all our stakeholders, including CIRCOR’s shareholders and Leslie’s customers, suppliers and employees,” Higgins continued. “Unencumbered by financial and legal exposure to asbestos liability, Leslie will be positioned to grow and contribute to CIRCOR’s profitability and cash flow going forward.”

Leslie intends to conduct business as usual during the Chapter 11 process, which could be completed in as little as 120 days., Today’s filing stays all pending and future asbestos litigation against Leslie. As a result, Leslie expects that its cash from operations will be sufficient to satisfy all of its operating obligations during this period. In addition, debtor-in-possession financing has been arranged for Leslie if needed.

Key terms of the pre-negotiated plan are as follows:
Funding for the 524(g) trust will consist of a $75 million contribution by Leslie andCIRCOR together with a contribution of proceeds from Leslie’s remaining asbestos insurance assets;
A provision that permanently protects CIRCOR and its affiliates from future derivative claims associated with Leslie’s asbestos liability; and
Leslie will remain a subsidiary of CIRCOR during and after Chapter 11.

Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Lawsuit Filled Alleging Asbestos Exposed Chemical Worker Suffered Fatal Mesothelioma

A lawsuit was filed alleging that a former chemical operator at Hoffman-LaRoche in Nutley, New Jersey was exposed to asbestos fiber and died of mesothelioma. The lawsuit filed in New Jersey Superior Court asserts that he suffered injurious exposure to asbestos as a direct result of his exposure to asbestos fiber at work. The estate of the deceased worker brought the action against several manufacturers and suppliers of asbestos fiber.

The lawsuit, Huk v Bird, Inc., was filed Friday in the Superior Court of New Jersey by the law 
firm of Jon L. Gelman LLC, and Motley Rice LLC , on behalf of estate. It alleges that those companies that mined, processed and sold asbestos-containing products were knowledgeable about the harmful effects of exposure to asbestos and asbestos-containing products, and failed to provide those exposed with knowledge as to possible precautions to protect against the harmful effects of asbestos exposure.

Mesothelioma is a rare cancer associated with asbestos exposure. The rates asbestos related fatalities are predicted to continue for decades to come. Despite public outcry, and the urging of physicians, asbestos is still not banned in the United States.

Attorney Jon L. Gelman, who has been litigating asbestos exposure claims for over three decades, said, “It is alleged the asbestos companies put into the stream of commerce a defective, unsafe and inherently dangerous product and failed to provide reasonable warnings.”

The defendants are Bird, Inc., Certain-Teed Corp., Frank A. McBride Company, Owens-Illinois, Inc and Rapid American Corporation.

Attorney Contact: Jon L. Gelman of Jon L. Gelman LLC, Wayne, NJ, 973.696.7900 or visit www.gelmans.com.

Allianz Firemans Fund Increases Asbestos Reserves by $301 Million

Fireman's Fund Insurance Company a Division of Allianz has announced that it will increase its asbestos and environmental risks reserve by $301 Million. The company stated, "The move follows the completion of its regular independent external asbestos exposure review."


Asbestos has been a known carcinogen for decades. It is a natural occurring mineral that that has been used for its non-flammable properties. Medical conditions occur such as asbestosis, mesothelioma and other cancers, decades after the initial exposure.


Initially sold by companies in the 1920s, without warning of its known dangers, asbestos use continues not to be banned in the US. Disease from asbestos exposure is predicted to continue at very high rates.

 The largest transfer of economic wealth in the United States from Industry to the private sector, other than in the Attorney General’s thirty-eight State tobacco litigation, emanated from asbestos litigation which had its geneses in workers’ compensation.   The late Irving Selikoff, MD’s pioneering efforts in providing expert testimony, based upon his sentinel studies of asbestos workers in Paterson, NJ, created the trigger mechanism for a massive wave of claims for occupational health care. The workers' compensation program never did adequately nor efficiently or expeditiously provide medical care.

The workers’ compensation system did not provide an adequate remedy because of a constellation of reasons, and subsequently, the wave spread to civil litigation out of desperation for adequate benefits. Asbestos litigation has been named, "The Longest Running Tort” in American history.   Asbestos litigation expanded into  bankruptcy claims that continue unabated and the epidemic of disease continues. The remaining cases in the Federal court system were transferred to Federal Multi District Litigation (MDL 875) and the majority are finally concluding after twenty years of Panel consolidation.


Large verdicts continue to be reported in asbestos claims. A Los Angles jury recently awarded $208.8 Million in what has been recognized as the largest asbestos verdict ($200 Million punitive damages) in the State of California.  The case involved a household contact exposure to asbestos fiber. The wife of the asbestos worker was exposed to asbestos fiber on the clothes of her husband that he brought home and that she cleaned.


Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.