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Posts in the ‘Asbestos/Mesothelioma’ category

Why I Relay For Life

Posted on May 17th, 2010 by Holly A. Reese

Last year was my first year participating in Relay for Life, an annual event which celebrates the lives of those who have battled cancer, to memorialize those who have lost their battle, and to raise money so that future battles can be won!

Arriving at Tri Township Park just after work on Friday, we set up our camp site, including a tent, snacks and decorations, and prepare for the events that will take place over the next several hours. During the set-up there are many friends getting re-acquainted from another year gone by and the excitement builds as new friendships are begun.  Everyone here is about to experience something they will not soon forget.

The walking starts with an emotional survivor’s lap, and everyone grows quiet as those who are battling cancer or who have won the battle take their turn to be recognized and celebrated.  Following the somber survivor’s lap, the teams begin their Relay. The goal is for one member of each team to be on the track at all times throughout the night and early morning. The feeling of unity is indescribable as the hours pass and sleep deprivation sinks in.  While the relay can get difficult, your sense of purpose is exaggerated because you are surrounded by the most inspiring fighters you have ever met.

Throughout the night, there are activities, games, and other forms of entertainment to keep the participants’ eyes open and hearts filled with hope for a cure.  It’s during this time that you hear stories shared of both progress and despair, and it helps everyone to keep going in their personal fight against cancer.

I Relay for those close to me who have battled cancer, who are battling cancer, and those who have lost the battle. Working in a firm that handles asbestos cases certainly introduces us to many people who suffer from cancer, and it certainly increases our awareness of the difficulties and suffering associated with cancer in its various forms.

My experience with Relay for Life has been eye opening and heartbreaking at times, but most of all it gives me hope for a cure.  If you would like to donate to Relay for Life and the American Cancer Society, or would just like more information, you can visit my personal Relay For Life page.

Please contact Holly Reese to discuss Relay for Life or any legal issue facing you or your family.

Mesothelioma Early Detection – Communicate Work History With Your Doctor

Posted on May 14th, 2010 by Elizabeth V. Heller

One of the most difficult parts of my job is the first meeting with someone who has been recently diagnosed with mesothelioma. In some instances, by the time the family gets an attorney involved, they have come to grips with the diagnosis and its implications. But that is the rare case. I try to stay focused on my role as an attorney and keep my emotions in check but I am rarely successful. As the attorney, my “official” role is to get the critical information we need to evaluate the client’s work history and possible exposures to asbestos. That said, however, one of the most rewarding moments I’ve had representing the families of victims of this horrible disease is the two very recent occasions when I was told, in more or less words, that “I had become like a member of the family.” Suffice it to say that in the course of the representation, we wear many different hats.

I went to a first meeting with a mesothelioma patient on last Saturday night. It’s difficult seeing the patient and their families in such distress. This recent instance was particularly hard because our client’s disease was so advanced. Unfortunately, as a result, he is not strong enough physically or mentally to give a deposition. This will limit our ability to document his exposures to various asbestos containing products. As a result, the fact that the disease was detected so late will limit his potential recovery from the responsible parties.

One of the most important but overlooked tips I can share with you and your family is to make sure your doctor is aware of your complete work history. Mesothelioma can take decades to develop after asbestos exposure and every work place, even the summer job during high school, may be significant. If your doctor is made aware of exposure at oil refineries, power plants or other likely asbestos sites, the doctor is more likely to monitor your condition more closely and may be able to diagnose sooner rather than later. The patient I met with last Saturday night had a work history very consistent with asbestos exposure and if the doctor had known that, the diagnosis may have been made much sooner.

Unfortunately, there is no cure for mesothelioma. So unlike some medical conditions, early detection won’t provide a cure but early detection can often result in a longer life expectancy. And we all know every second counts.

Please contact Liz Heller to discuss this or any other legal issue facing you or your family.

Reserve Sympathy For Asbestos Victims, Not Fallen Profiteers

Posted on April 29th, 2010 by RJ Abernathy

A recent article published by an arm of the US Chamber of Commerce noted that another company “collapsed” under the weight of asbestos claims.  According to this article, 89 such companies have “collapsed” since 1982.  In the latest case, Durabla Manufacturing sold products containing asbestos well into the 1980’s, long after asbestos was recognized as a dangerous and deadly material.

A closer look at the other 88 “collapsed” companies reveals that not only have many of these companies remained in business, but many of them thrived after ‘going bankrupt.’  Walk into any Home Depot or Lowe’s home improvement stores and you will find a large percentage of these “collapsed” companies’ products on the shelves.  For example, the Pink Panther didn’t lose his job when Owens Corning went bankrupt.  Dick Cheney’s former employer, Halliburton, never missed a beat over the past seven years during the Iraq war since filing for bankruptcy protection due to its subsidiaries asbestos liabilities.

In another case, W.R. Grace filed for bankruptcy protection in 2001, even though it has annual sales of nearly 3 billion dollars.  In 2005, the United States Department of Justice filed criminal charges against Grace, including counts for fraudulent transfers of nearly 5 billion dollars just prior to the bankruptcy filing.

In other cases, I think it is hard to argue that these companies should not have “collapsed.”  The miners, manufacturers and purveyors of raw asbestos fibers should have been out of business sooner than they were.  If these companies had heeded the scientific and medical warnings in the 1930’s, 40’s, 50’s, 60’s or 70’s, maybe some of the victims who suffered needlessly would have been spared.  Perhaps these companies would still be in business had they only listened to their own insurance companies rather than their accountants back in the 1930’s and 40’s.  Perhaps these companies would still be around had they worked harder at developing safe substitutes rather than marketing asbestos as the miracle mineral for over 40 years.

So before we break out the black armbands and head out to candlelight vigils for yet another “collapsed” asbestos company, remember that the majority of these “bankrupt” companies are still manufacturing and selling products, still earning and delivering profits for their shareholders.  Please don’t pity a company that chose its course. Instead, let’s remember those folks who were never warned of the dangers of asbestos until many years after these ticking time bombs were inhaled into their lungs.  Let’s remember the men and women who worked for five or ten bucks an hour in dirty and dusty jobs, not the corporations that continue to profit after being relieved of the responsibilities they owe to these men and women who built America.

These companies had a chance to head off asbestos litigation 60 or 70 years ago.  These companies gambled that profits would exceed liabilities.  Thanks to favorable corporate bankruptcy law, in most cases, they bet correctly.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.

Conversation with Lee Presser – Elizabeth Heller discusses Asbestos and Mesothelioma

Posted on April 3rd, 2010 by Elizabeth V. Heller

Goldenberg Heller Antognoli & Rowland’s Elizabeth Heller sat down with Lee Presser in a three part interview to discuss asbestos and mesothelioma.  Elizabeth discusses the history of asbestos, it’s commercial uses, and the health and legal consequences of exposure.  Elizabeth is a partner in the firm which has over twenty (20) years of experience representing victims of asbestos disease, including mesothelioma and lung cancer.  We think you will find this interview helpful if you, or a loved one, have been affected by this devastating disease.

For more information, please contact Elizabeth Heller or Robert D. Rowland.

Part 1:

Part 2:

Part 3:

Merlin Olsen Lost to Mesothelioma

Posted on March 16th, 2010 by Robert D. Rowland

The death of Merlin Olsen from Mesothelioma reminds us of two things. First, literally, every exposure matters and second, a single fiber is enough to cause mesothelioma.

In this instance, it is believed that Mr. Olsen was exposed to asbestos fibers while helping his father on construction jobs as a young man. He went on to play college and professional football and after his retirement became an actor.

Unfortunately, the asbestos fibers, which had been in his lungs for over 40 years, eventually caused him to develop cancer in the lining of his lungs. A lawsuit to seek compensation from the companies who sold the asbestos containing construction materials used by Mr. Olsen in his youth, is still pending.

This insidious disease does not discriminate based on social status or job description. This most recent preventable fatality reminds us of that, as well.  May Mr. Olsen rest in peace.

To read the article posted on Fox Sports, click here.

To learn more, contact this author, Robert Rowland.

Asbestos – Unsafe At Any Level

Posted on November 29th, 2009 by Robert D. Rowland

Recently the Surgeon General announced that asbestos exposure at any level is unsafe. Specifically, he has advised the public that there is no safe level of asbestos. This position is consistent with the view many lawyers, myself included, and experts have held for some time. A single asbestos fiber can cause mesothelioma, lung cancer or serious asbestosis.

Specifically, Surgeon General Steven Galson stated in a press release dated April 1, 2009, that “asbestos can be dangerous if it is inhaled. Activity that disturbs asbestos causing these small fibers to float in air increases the chances of inhalation and the contraction of asbestos-related disease. Disturbance is what leads to exposure. Do not attempt to touch or remove asbestos by yourself. Only people professionally trained and certified to safely handle asbestos should remove it.”

Despite this undeniable fact, asbestos is still mined and used in products sold in the United States. In 1972, The Occupational Safety and Health Administration (OSHA) issued its first asbestos exposure standard limiting the permissive exposure limit. This initial limit, two fibers per cubic centimeter of air over an eight hour time period, has been reduced to its current limit of .1 fibers per cubic centimeter of air.

Despite the Surgeon General’s statement and OSHA’s increasing strict limitation on exposure, it is interesting that the United States has not completely banned the sale or use of asbestos. It is even more interesting that over forty years, other countries have.

To learn more or contact this author, Robert Rowland, click here.

RJ Abernathy – An Introduction

Posted on November 29th, 2009 by RJ Abernathy

As this is my first blog post, I thought I would use it to explain a little more about myself and how I came to be an asbestos lawyer. I began working as a laborer with Laborers’ Local 100 in East Saint Louis, Illinois while I was still in high school. For the next twenty plus years, I worked on highways and bridges, commercial buildings and industrial facilities in and around St. Clair and Madison counties. My family has always been a big part of Local 100, my dad and two of his brothers all worked for many years out of Local 100. Even today, I have seven cousins who are members of and work each day out of the Local.

I have also always been someone who enjoys giving my time to others. While a member of Local 100, I served as a delegate to the Southwestern Illinois Building and Construction Trades Council for nine years. With this group, the delegates from the various trades worked to help increase the percentage of jobs that union contractors were awarded. We also strove to maintain and encourage better cooperation on the jobsites between and among the various trades.

My wife and I, along with several other dedicated souls, ran the Fairview Heights Khoury League from 2001-2004. As President of the youth sports league, I worked hard to increase the number of kids playing baseball, softball and T-Ball. I enjoyed my time spent as the president of the league, and continue to coach my son’s team even now.

I also believe that the community in which you live can only be improved through direct involvement of its residents. I jumped at the chance to join the Fairview Heights Zoning Board of Appeals. On this volunteer board, we hear from other residents and business owners who seek variances from the development code. In this position, I have a chance to help ensure the stability of our property values by ensuring that the ordinances are followed or helping a resident or business owner secure a variance when it is warranted.

Lastly, I would just like to let everyone know that the best part of my job is getting out of the office and meeting with our clients and prospective clients, discussing their problems with them and offering them potential solutions. The people I speak with and work for are all hardworking men and women who are often going through the worst time of their lives. It is an awesome and humbling responsibility when they place their trust in me as their lawyer.

To learn more or contact this author, RJ Abernathy, click here.