Mesothelioma Help

A place where mesothelioma victims can go to discover medical resources and the latest breaking news related to mesothelioma. The purpose of this blog is not to provide legal advice but rather to provide information to mesothelioma victims and their families concerning the latest mesothelioma infomation . If you need legal help concerning mesothelioma you can contact me at cplacitella@cprlaw.com or visit our website at www.cprlaw.com. Thank You

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I have dedicated my law practice for the last 25 years to the wrongfully injured and their families. The purpose of this blog is not to provide legal advice. If you need legal help you can contact me at cplacitella@cprlaw.com or visit our website at www.cprlaw.com. Thank You

Tuesday, January 03, 2006

Stirring stories from 2005

He was the first to be treated for cancer with an experimental gene drug.
Almost six months after receiving a second dose of gene therapy, Harvey Harris is living the good life in his new home in Florida, where he fishes, works on his art, and spends time with his grandchildren.
Harris broke new ground in July when he became the first patient in a clinical trial at the Hospital of the University of Pennsylvania to get two doses of an experimental gene drug.
Harris, 62, of Gibbsboro, Camden County, has mesothelioma, an aggressive cancer of the lining of his chest, caused by a lifetime of working with asbestos. He was diagnosed in February 2004 and has already survived longer than most people with the disease.
His doctor, pulmonologist Daniel Sterman, said tests show that the second dose of the gene drug may have worked to rev up Harris' immune system to attack the tumor in his chest.
Harris has more tests to come, but for now, he focuses on enjoying each day as it comes.
"I try to keep a happy face, a smile on my face," Harris said. "I do what I want to do for myself. I'm being a little selfish because I think I deserve it."
- Susan FitzGeraldJames Pyrih
A Cool-Cap spared him serious injury at birth.
James Pyrih is 7 months old and doing all the normal baby things: crawling, babbling, and pulling himself up on the sofa to stand.
His parents, Theresa and Mark, are amazed.
James had no heartbeat at birth, and it took doctors and nurses about 15 minutes to resuscitate him. He was rushed to the intensive-care nursery at Thomas Jefferson University Hospital, where he was outfitted with a tiny plastic cap filled with cold water.
By using the Cool-Cap to lower the temperature of James' brain, doctors hoped to prevent damage stemming from the lack of oxygen and perhaps spare him a lifetime of disability.
"He's more than we ever hoped for," said Theresa Pyrih, of Holland, Bucks County. James' five siblings "think he's wonderful and they love him like crazy."
James passed his latest checkup with flying colors.
"His neuromotor exam and his developmental exam were both on target for his age," said Shobhana Desai, a Jefferson neonatologist.
Theresa Pyrih credits the Cool-Cap for her son's good fortune. She also credits prayer.
"That has a lot to do with this as well," she said.
- Susan FitzGeraldDrs. Manju and
E. Balasubramanian
They continue to help tsunami victims in India.
It was almost exactly a year ago that Drs. Manju and E. "Bala" Balasubramanian brought their stethoscopes and sterile instruments to small towns along India's eastern coast, hoping to help tsunami victims.
They spent about a month doing everything from replacing hips to soothing throats made sore by swallowing seawater.
Now they are traveling anew. The couple, both 53, went back to India last month, and headed to their hometown of Chennai. They also planned to revisit Keechankuppam, where 600
children lost one or both parents.
"We don't know what we'll find," Manju said before departing. "I guess we'll see where we're needed."
The last year has been filled with work - orthopedic surgery at Temple University Hospital for Bala, and pathology for Manju at Hahnemann University Hospital. They have had little opportunity to volunteer at their Hindu temple in Montgomeryville, or enjoy quiet time together, but the hectic pace suits them.
When they retire, they hope to spend several months- a year volunteering at another hospital in southern India, and the rest of the year in Philadelphia.
"It'll take a little more time to find a way to do more," Bala said.
- Dawn FallikGregory Andre
A severely burned Haitian boy finds surgery and love in America.
For Gregory Andre, 2005 was an amazing year. He had a couple of plastic surgeries, a lot of physical therapy, and as much love as he could contain from the family that hopes to adopt him. That would be Heather and Glen Maeding of Nazareth, Pa., and their sons Luke and Logan.
Heather, a nurse practitioner who has volunteered at Haitian medical clinics, learned about Gregory from workers at an orphanage near Port-au-Prince after he was abandoned in early 2004. She brought him home that November on a medical visa, so he could get treatment for the unexplained third-degree burns and scars that covered his hands and forearms, feet, face and head.
Inquirer readers have donated about $15,000 for his medical expenses so far.
Maeding said that Gregory's adoption - and that of a second child from the orphanage - may come through this month. "We are anxiously waiting," she said.
Gregory, 4, who still needs some smaller plastic surgeries, has become fluent in English, finished potty-training, enrolled in preschool, and started riding a "big-boy bike" with training wheels.
"He's grown up so much!" Meading said.
- Virginia A. SmithZach Carson
He goes the distance on alternative fuel.
After driving cross-country in an old bus that runs on vegetable oil, what does Zach Carson do for an encore?
He hooks up with 14 other alternative-fuel bus owners and drives back east.
Carson, 23, reached California on Aug. 27, nearly two months after leaving his parents' home in Merion.
The return trip, dubbed the Sustainable Living Roadshow (www.cleanfuelcaravan.org), is planned for this fall.
On the way out to California, Carson filled his converted shuttle bus with used cooking oil, mostly from Chinese restaurants.
He interviewed renewable energy advocates along the way and held public outreach sessions. Childhood pal Todd Henkin filmed the whole thing for a documentary.
Carson's Veg-E-Bus broke down twice: for three weeks in Colorado, and a week and a half in Montana. But it wasn't the fault of the system he installed to run the engine on vegetable oil. Other parts on the used bus simply wore out.
Next month, Carson plans to go to West Africa to promote biofuels and tour with a musical group from Ghana.
For now, he is converting buses to run on vegetable oil, living in Sonoma County, Calif., on an abandoned plot of land whose residents call it the Veggie Land Ranch. It's "a vagabond hostel for the renewable energy
fanatic," Carson says.
- Tom Avril
Shana Reif
A double lung transplant let her live "to the fullest."
Twenty-one months after undergoing a double lung transplant, cystic fibrosis patient Shana Reif, 31, has a more normal, active life than when every breath was a struggle. But the Bensalem resident and her family are acutely aware that her health remains fragile.
She has had persistent medical problems related to a stent, or mesh tube, placed in her main airway to keep it open. Even so, the last year has included baby-sitting for her toddler nephew, volunteering at a crisis pregnancy center, and a trip to Maine.
In October, she felt "like Cinderella at the ball" as she and husband Kurt attended the Cystic Fibrosis Foundation's annual gala dinner, where she was a guest speaker.
Just five weeks after that joyous event, she nearly died of a sudden, overwhelming case of pneumonia. She spent a week on a ventilator, her prognosis as grim as the night of her transplant in 2004, when her new lungs temporarily failed.
As usual, Shana defied the odds, making a remarkable recovery. In the coming year, she and her University of Pennsylvania physicians face a dilemma about whether to remove the stent. It keeps clogging, endangering her new lungs, yet removing it would be a delicate, difficult surgery.
"You just have to live every day to the fullest," she said last week.
- Marie McCulloughDavid Wolovitz
A cancer breakthrough saved and refocused him.
"I feel good and I feel happy to be here," said David Wolovitz, 57, an ex-salesman whose life has been saved by one of cancer's few miracle drugs.
Five years ago, Wolovitz, of Glen Mills, Delaware County, learned he had a type of leukemia called chronic myelogenous leukemia (CML). Treatments with an immune-boosting drug weren't working and were making him sicker than his cancer; he decided to end them. He also ruled out a bone marrow transplant as a remote hope that would make him feel worse still.
Without treatment, CML patients typically die within three to five years. Wolovitz began preparing for the end.
Then, a medical breakthrough: An experimental Novartis drug called Gleevec that had put a majority of CML patients in remission won rapid government approval. Wolovitz took his first pills in May 2001; within six months, he had no signs of leukemia.
The drug saved his life - and changed it, too. Wolovitz left his job and became a volunteer for the Leukemia & Lymphoma Society. "You've got to feel productive somehow," he said.
Last June, he had a scare when a blood test came back positive for CML, but fortunately, follow-up tests were negative.
When not doing volunteer work, he and wife Lainie enjoy traveling and spending time with their two grandchildren, including a girl born six months ago.
"Every morning when I take my Gleevec pill I honestly thank my doctors in my mind, [and] the people who created this drug," Wolovitz said.

Asbestos Sufferers’ Advocates Still Fighting Industry for Fair Redress

Apr 19, 2005 - As lawsuits stemming from asbestos-related sickness place a swelling burden on the courts, lawmakers are weighing a controversial proposal to scrap the existing litigation process in favor of a supposedly fairer system for compensating victims of the deadly industrial contaminant.
The Senate Judiciary Committee is currently weighing legislation that would create a federally administered trust fund for individuals suffering from asbestos exposure. The Fairness in Asbestos Injury Resolution Act of 2005 would establish a system for allocating financial compensation to victims while essentially outlawing civil litigation against corporations for asbestos damages. Proponents of the bill see it as a way to free up an overburdened civil court system, but many critics believe the proposed trust fund would offer no guarantee that victims would be adequately compensated for their suffering.
Similar initiatives for asbestos compensation funds in previous years have failed to muster enough public or congressional support to pass, leaving cases to be handled by the courts.
According to a draft bill released to the public, the legislation would provide a $140 billion national fund for asbestos compensation, financed by asbestos-related corporations and their insurers. Like workers’ compensation, the fund is designed to dramatically reduce industry liability and to pay for medical and other expenses associated with asbestos-induced illness. Rather than taking their cases to court, victims would file a claim with the Department of Labor, which would then judge whether the person’s case warrants compensation and allocate funds according to the severity of the harm caused by exposure.
Asbestos, a mineral used in the production of industrial materials, has been shown to cause various lung diseases, including lung cancer and a less common form of cancer known as lmesothelioma. These illnesses have no cure and may take decades to manifest. According to the federal Agency for Toxic Substances and Disease Registry, 27 million US workers were exposed from 1940 to 1979, and high exposure risks persist in the construction and mining industries as well as contaminated residential environments.
Researchers with the Environmental Working Group, a Washington, DC-based public interest advocacy organization, have estimated that nationwide, approximately10,000 people per year die of asbestos-related diseases, including asbestosis and lung cancer.
The policy research group the RAND Institute reported earlier this year that more than 700,000 asbestos-related lawsuits have been filed in recent decades, costing industry tens of billions of dollars. The insurance industry consultancy firm Tillinghast* estimated that in 2003, asbestos litigation cost corporations a total of $8.6 billion, contributing significantly to industry’s rising overall litigation costs, which reached $246 billion that year.
Victims’ advocates say the proposed fund would coddle industry with excessive legal protections for corporations and minimal financial security for victims.The Bush administration has pushed for an asbestos compensation fund as part of its tort law reform agenda to protect corporations from financially damaging "junk lawsuits," what they see as unfounded civil claims.
Proposal Frustrates Corporations and Victims Alike
Though Sen. Specter recently announced that he was revising the bill to cultivate bi-partisan support in the judiciary committee, which he chairs, the trust fund proposal faces growing resistance from both industry and public health advocates.
Insurance groups have argued that the bill is too accommodating of claimants. On April 4, fifteen insurance corporations sent a letter to the senator dismissing the bill as an inadequate response to the "asbestos litigation nightmare."
Daniel Sweet, a Washington representative for Liberty Mutual Insurance, told The NewStandard that one of the main concerns insurers have is the possibility that if the fund were to go bankrupt, victims would regain their right to sue. Defendant corporations have called for complete immunity from litigation, to ensure, in Sweet’s words, "a certain ending to this process."
Victims’ advocates, on the other hand, charge that the proposed fund would coddle industry with excessive legal protections for corporations and minimal financial security for victims. While the bill purports to offer an efficient, uniform system for compensation, some opponents believe that the actual result would be a step backward.
Jonathan Bennett, public affairs director of the New York Committee for Occupational Safety and Health, a workers’ health advocacy organization, said that although the proposed compensation system would be funded by industry, corporations would still be "getting off cheap." The award amounts mandated by the legislation, he projected, would generally be far less than what victims would probably get through the court system.
Many asbestos victims and their families believe that the current plan to eliminate all industry liability could violate victims’ rights. The Committee to Protect Mesothelioma Victims, which represents asbestos victims across the country, argues that the legislation would lack the funding to ensure sustainability and would exclude too many victims through rigid medical criteria.
The group’s chairperson, Susan Vento, the widow of a mesothelioma victim, reminded Sen. Specter in a recent letter that the reason behind the current asbestos litigation burden is that in the past, "many commercial entities used the product with full knowledge of its dangers, but acted to conceal those dangers from their workers and consumers."
By eliminating the potential for legal redress, Vento contended, the proposed trust fund would silence victims against these public health abuses and impose "more legal burdens and administrative difficulties than what victims presently face in the court system."
According to the draft bill released in February, the amount a victim could receive through the fund would be calculated according to a complex methodology based on the severity of physical damage, the period of exposure, the amount of direct contact with asbestos, and other criteria, and award levels would vary widely across different groups. For instance, asbestos victims with a history of smoking would be eligible for much less compensation than non-smokers, with the implication that asbestos was not the only cause of illness.
Dow Jones News Wires reported on April 12 that senators involved in finalizing the bill had agreed to narrow eligibility even further by excluding exposed workers diagnosed with lung cancer who were unable to demonstrate other physical effects typically associated with asbestos-related illnesses.
According to Dr. Steven Markowitz, an occupational disease specialist with the City University of New York, the degree of exposure and injury required in the draft bill’s medical criteria is "grossly unjust" and "doesn’t reflect the medical studies. It downgrades the risk of lung cancer for those who have true asbestos exposure but simply haven’t developed the scarring."
Beyond Legalities, Advocates Envision Systemic Solutions
Some organizations, including the national labor federation the AFL-CIO, which represents victims of occupational asbestos exposure, and veterans groups representing those exposed through military service, have advocated a trust fund as a more consistent, if less individualized solution to the litigation burden. The rationale is that an organized public fund would reach a broader population of victims and adjudicate cases more efficiently than the court system, which carries a high degree of uncertainty for both claimants and defendants.
Nonetheless, even many of those who support a trust fund in theory remain wary that a bureaucratic mechanism that prioritizes industry over the public interest would exacerbate the asbestos health crisis.
Some advocates have cited past failures of similar trust funds established by asbestos companies to shield financial assets from lawsuits. Many of these have lacked the funding and capacity to absorb large volumes of claims and as a result had to reduce payments to a fraction of the originally entitled amounts.
Doug Larkin, co-founder of the Asbestos Disease Awareness Organization (ADAO), a national victims’ advocacy group, suggested that the current senate initiative bears the imprint of corporate interests. "The idea for setting up a trust fund should be to take care of the victims, not to limit the company’s liability," he said. "And that’s not the way the current legislation is written."
They cautioned the Judiciary Committee in January that the liability protections embedded in the trust fund plan were broad enough not only to hurt victims, but also to limit the government’s ability to enforce environmental regulations regarding asbestos.
The ADAO has suggested that if a trust fund is established, the liability provisions should include an "opt-out" clause that would afford all victims an opportunity to pursue civil suits instead of trust fund compensation.
Some opponents of the bill believe the most important aspect of the government’s response to asbestos contamination is not the system for compensating victims, but the reduction of future health threats.
Christopher Hahn, executive director of the Mesothelioma Applied Research Foundation, a health advocacy organization, complained that on both sides of the trust fund debate, "All this energy is going into the legal problem; no energy is going to the medical, humane crisis." Largely funded by civil litigation firms and victims’ families, the Foundation has endorsed a provision inserted into the draft legislation to ban asbestos, but continues to push for increased government funding to develop new treatments for asbestos-related diseases.
Carolyn Raffensperger, a legal advocate with the Science and Environmental Health Network, an environmental policy group, believes that although the current civil court system does fail asbestos victims because of high litigation costs and inconsistent outcomes, a government trust fund would be merely "a band-aid on a hemorrhage."
The controversy over asbestos litigation, in Raffensperger’s view, should serve as an impetus for the government to implement proactive reforms to make courts more responsive to environmental hazards and to ensure that mass tort cases are handled fairly and openly in the future.
Under the current legal system, Raffensperger said, "we give the benefit of doubt to business. … We need to give the benefit of the doubt to public health and the environment."

Fire victim Snyder returns to Flathead

“Scarecrow” Sue Snyder is back in the valley, recovering from injuries she suffered in a Thanksgiving fire at her Somers home.Snyder returned to the Flathead on Friday after being released from the Harborview Medical Center in Seattle, according to her friend, Al Johnson, of Somers.“Her grafts are doing fine,” Johnson said. “She’s home; she’s walking around with oxygen. She’s doing pretty darned good.”
Snyder is staying with a friend in Kalispell for now. Her home, the former Methodist church in Somers, was severely damaged by the fire.Snyder, in her mid-40s, suffered burns in the fire.Somers Fire Chief Bob Kienas has said the cause of the fire was accidental and originated in the kitchen while Snyder and a friend dozed in another room.Snyder is a well-known artist in Somers who is nicknamed after the whimsical scarecrows she builds out of mostly recycled materials.She has a large network of friends who have been concerned about her. They swamped the Seattle hospital with calls and inquiries.Some of Snyder’s supporters have discussed some kind of fund-raiser to help rebuild her home.For now, she is convalescing under the care of a friend.

Oncology Nursing Society Presents Mesothelioma Victims with Hope for Longer Life

Encouraging results from recent clinical studies and several ongoing studies were presented at the Oncology Nursing Society’s 6th Annual Institutes of Learning (ONS) meeting in Phoeniz, Arizona just a few weeks ago. Newer treatment options provide a longer life expectancy with less debilitating symptoms related to treatment. Some of these recent developments and their impact on helping patients and families cope the challenges of this type of cancer was presented to practioners by oncology nursing specialists. Although the incidence in the US remains about 2,000-3,000 new vases each year, it continues to increase worldwide. Third world countries where asbestos industry regulations are less stringent are experiencing an increase in this aggressive form of cancer. Currently, the life expectancy of mesothelioma patients, most commonly men in their 50s to 60s, is an average of nine months. However, many patients are now living longer said presenter Sue Gardner, MSN, AOCNP, a nurse practitioner at Lehigh Valley Hospital, Allentown, Pennsylvania.The new antifolate pemetrexed (Alimta) has been shown to improve outcomes when combined with more standard chemotherapeutic agents such as platins and gebcitabine. Both prolonged survival and reduced side effects were seen in those who responded to the combinations as compared to single drug protocols. While only about 40% of patients responded to combination regimens, those who did gained life expectancy of 3 months or more. With the average life expectancy of nine months, that represents an increase of one-third.The aggressive nature of mesothelioma leaves patients with challenging symptoms that require close medical management and a great deal of care and support from family members. Unrelenting cough, shortness of breath and depression are common and debilitating symptoms. Because nearly all patients develop pleural effusions that severely limit the ability to breathe, most will need chest tubes, shunts or pleural catheters for relief.One of the most important tasks for the nursing team is instructing patients and their caregivers on how to alleviate discomfort at home. To manage pain and breathing difficulty, caregivers need to be taught how to use oxygen delivery systems, bronchodilators, steroids and narcotic medications.

Officials to test soil at homes for asbestos

HAMILTON - Federal environmental officials are finalizing plans to test the soil at as many as 15 homes and other sites to determine the extent of asbestos contamination from the former W.R. Grace Zonolite plant.
The testing, which officials said should begin sometime in the first half of 2006, will be performed on properties within a half-mile of the now-vacant site of the one-time insulation factory on Industrial Drive.
The properties were chosen using several factors including the results of air modeling performed by state officials, according to a spokesman for the Environmental Protection Agency.
A draft of the air-modeling report obtained by The Times indicates asbestos from the plant's stacks was likely deposited in portions of the Whitehead Manor section of the township, as well as the Hutchinson Mills neighborhood. A final report has not been issued.
Federal and state officials declined to comment on that report.
EPA spokesman Jim Haklar said the agency would concentrate on spots that have not changed since the plant closed in 1994.
"What we are looking for are historically undisturbed areas," Haklar said. "We are probably looking at about 15 residential sites and also public sites."
For more than 40 years, the Industrial Drive plant processed vermiculite ore for use in fireproofing, insulation and garden products. The ore was shipped to Hamilton and dozens of other locations throughout the country from a mine in Libby, Mont.
In the late 1990s, that mine was found to be contaminated with tremolite, a deadly form of asbestos that can cause several health issues, including asbestosis and mesothelioma, a fatal cancer.
In 2002, EPA officials tested soil on the property surrounding the factory and found asbestos concentrations as high as 40 percent on some slide samples analyzed by the agency.
More than 9,000 tons of contaminated soil were removed from the factory grounds in 2003, but an additional 6,000 tons remain. That cleanup is scheduled for sometime in the spring.
In April, a five-alarm blaze destroyed the plant, forcing its new occupants, Accurate Document Destruction Inc., to move its operations. Hamilton officials originally labeled the blaze "suspicious," but state and county fire investigators were unable to determine the cause of the fire.
Through a spokesman, W.R. Grace officials have denied that the plant posed a health risk to the community. They also dispute the EPA's description of contamination levels.
In a 1995 report issued by the company after the plant's closing, W.R. Grace contended that no further testing on the site was required because only minimal asbestos remained on the property.
The state Department of Environmental Protection accepted the company's report and declared the site clean, issuing a "no further action" order.
Earlier this year, the agency rescinded that order.
In April, the state Department of Health and Senior Services conducted air-modeling tests in an attempt to determine where dust spewed from the factory may have been carried.
The two neighborhoods identified in the report are the closest residential areas to the former plant.
Whitehead Manor is situated between Whitehead Road and the Assunpink Creek. Hutchinson Mills is the neighborhood to the east of the Industrial Drive factory, bordered by East State Street and East State Street Extension.
"Residents living near Whitehead Road and 4th Street intersection and Hutchinson Mills area were identified as potentially been (sic) exposed to elevated levels of asbestos . . . released from the facility," the report said.
The report goes on to say that the levels of asbestos in the air dropped significantly when the plant closed and again once the first stage of the cleanup was completed.
According to a senior scientist with the EPA who did not see the report but was told of the findings by a reporter, the asbestos concentrations determined by the models were extremely high in both neighborhoods during the years the plant was open.
According to the models, exposure levels were above limits set by the EPA - levels the scientist called "very high" for residential exposure.
But the EPA scientist stressed that modeling is not an exact science and the exposure levels must be taken in context with other data, including studies of cancer incidence in the area and soil testing.
A study released last spring by state health officials showed cancer incidence in the area was not higher than expected.
Preliminary soil testing conducted by the township last spring showed elevated asbestos levels in only one of five areas tested.
Officials for the state Health Department said since the air-modeling report is a draft, they could not answer questions about the information or what actions will be taken as a result.
A spokeswoman for the agency said she did not know the timetable for the report's completion.
State health officials have already determined that employees of the factory and their families were exposed to asbestos during the years the plant was in operation.
The plant employed dozens of workers during its 40 years in operation.
In a report issued earlier this year, officials identified several possible ways that employees and residents could have been exposed to the asbestos including through emissions from the plant.
Residents of Whitehead Manor told The Times last spring they had played near the factory as children and even brought some of the contaminated material home for use on their lawns.
Many said they were worried now about the possible health effects from the plant and all said they wished they had known the dangers of the material they were playing in.
They are not the only ones kept in the dark who want answers.
In February, W.R. Grace and seven executives were indicted by a federal grand jury in Montana for conspiring to conceal the dangers of the Libby vermiculite. That trial is expected to begin next year, but Grace has requested a change of venue, claiming that it will be unable to get a fair trial because of the intense media coverage the contamination of the Libby mine has received.
Locally, officials have also demanded an accounting of the company's actions in Hamilton.
After a series of articles in The Times detailed the contamination at the plant and the effects on the dozens of workers employed there during the plant's heyday, state legislators held a daylong hearing to determine whether mistakes were made by local and state officials.
In June, the state Attorney General's Office filed a $1.6 billion civil suit against the chemical giant, claiming the company had filed false information with state regulators.
Also in June, former employees of the Hamilton plant told The Times they had been contacted by investigators from the FBI and the EPA, who asked them questions about the workings of the factory. Both EPA and Justice Department officials have declined to acknowledge any criminal investigation of W.R. Grace or its employees actions' at the Hamilton plant.
But U.S. Rep Chris Smith, R-Hamilton, said this week that the Government Accountability Office (GAO) investigation he requested in April was slowed after EPA and Justice Department representatives asked the agency, which acts as the watchdog over government actions, to hold off on its investigation so as not to jeopardize the federal inquiry.
"The GAO is getting some push back from the Department of Justice that this might hinder their ability to prosecute," Smith said yesterday from his Hamilton office.
Smith said he had requested a meeting with Justice officials to determine exactly what issues they feel may be a problem. The GAO will continue its inquiry, he said.
"I find it ludicrous," he said. "What part of a comprehensive GAO study, which starts first with Hamilton and will likely include other areas, would in any way hinder (a federal investigation) - or is this some kind of message like, `Don't mess with their turf.' "
Smith said the GAO would likely finish the design phase, which determines the scope of the investigation, by Jan. 18.

It is time to be FAIR to our citizens in uniform

California has more residents serving on active duty in the military today than any other state. It is no surprise then, that we have a strong history of supporting our military community. I hope Sens. Dianne Feinstein and Barbara Boxer can continue this tradition and provide aid to sick veterans by voting for the Fairness in Asbestos Injury Resolution Act when it comes to the Senate floor in early 2006.
There are roughly 2.5 million veterans in our state alone. During the years between the Second World War and the Vietnam War, California was a major center for military shipbuilding and repair. From 1941 to 1974, for example, Hunters Point Naval Shipyard in San Francisco and its annexed site concentrated on building craft and modifying or repairing naval ships and submarines.
Unfortunately, the military and private shipbuilders used asbestos in ship construction up until the mid-1970s. When inhaled, this material can cause horrible life-threatening diseases like asbestosis and mesothelioma.
Decades later, many veterans are now being diagnosed with these asbestos-related diseases. They face staggering medical bills, because their avenues for obtaining compensation are limited. Under the law, veterans exposed during their military service cannot sue their employer, the federal government.
The Senate has a chance this January to finally help these sick veterans, while also aiding all victims who suffer from asbestos-related diseases. When the FAIR Act was considered in the Judiciary Committee, Sen. Feinstein, who sits on that panel, worked hard to get this important bill, which would establish a defendant-financed asbestos victims' trust fund, approved.
The FAIR Act would once and for all pave the way for quick payments to victims, including U.S. veterans exposed during service.
litigation has become a sinkhole for almost all of those involved. The courts are inundated with lawsuits and cannot act quickly to help sick victims. Government action is necessary. There are more than 730,000 people who have filed lawsuits nationwide. These cases drag on for years and as a result, critical compensation is delayed.
In effect, the FAIR Act would remove the problem from the overloaded courts. By establishing a standard procedure for all those who are sick from asbestos exposure. The FAIR Act would save on administrative costs and ensure that the money would go straight to victims and not to trial lawyers. And sick veterans would be able to apply for compensation without affecting their current Veterans Administration Benefits.
The Veterans of Foreign Wars and more than a dozen other national veterans' organizations support this legislation, because it is the only solution to the asbestos litigation crisis that will ensure sick veterans receive the compensation they need and deserve.
Brave men and women have answered the call to service in our country and now they deserve our help and support. Sen. Feinstein is to be commended for her work on this critical legislation for vets. I urge both Sens. Feinstein and Boxer to vote yes for the FAIR Act.

http://www.prweb.com/releases/2005/12/prweb326476.htm

2005 was another year in which cancer was the leading cause of death in the U.S. for people under 85. Yet, at the same time, there were many self-reliant victors with inspiring stories of survival. CancerWire focused on several of these extraordinary people and also reported on topics that enable patients to maximize their quality of life.
(PRWEB) December 29, 2005 -- 2005 has been another year in which cancer took almost twice as many lives as the number of American casualties in WWII. The human toll included:• 1,372,910 estimated new cancer cases• 570,280 estimated cancer deaths (295,280 men; 275,000 women; more than 1,500 deaths/day)• Nearly 10,000 children under 14 were diagnosed with cancerUsing estimates from the American Cancer Society, more than $70 billion dollars were spent on direct medical costs and the National Cancer Institute spent over $6 billion in cancer research. Despite all of these dollars expended on research and treatment, in 2005 cancer was the leading cause of death in adults under 85 and it continues to be the leading cause of death by disease in children. Are we really winning the “war on cancer?” Rather than waiting for big institutions to solve our cancer problem, many patients and practitioners are finding their own answers to cancer. This year, CancerWire profiled several of them and also reported on topics that enable patients to maximize their quality of life.Surviving Mesothelioma, a Terminal Cancer: Paul Kraus' Remarkable Story was the subject for the March, 2005 edition of CancerWire. Paul Kraus who had been diagnosed in 1997 with mesothelioma, a cancer that is aggressive and incurable with orthodox approaches. Mr. Kraus had been sent home with a “few months to live” but he is alive with good quality of life 8 years later.Surviving Breast Cancer Using an Integrative Approach: Madeleen Herreshoff's Journey was the subject of the April edition of CancerWire. In 1991, at the age of 49, Ms. Herreshoff was diagnosed with aggressive poorly differentiated invasive breast cancer and told that without radiation, aggressive chemotherapy and 5 years of tamoxifen that she would be dead within 5 years.Nutritional Supplement Reported to Help Cancer Patients Undergoing First Clinical Trial was the subject of the May edition of CancerWire. This supplement, Lipoic Acid Palladium Complex (LAPd) was created by Dr. Merrill Garnett, a chemist who spent over 20 years in search of a non-toxic form of chemotherapy that could be used to support more orthodox treatments. The June edition focused on viaticals, an option for “terminal” cancer patients with life insurance. Viaticals continue to be a viable source of money for patients who do their homework and work with reputable companies… read the rest go to http://www.cancermonthly.com/individual_opp.aspThe July edition focused on Pathology Diagnosis and whether cancer patients needed a second opinion.Obtaining Credible Information About Alternative Cancer Therapies discussed the steps to obtain credible information about vitamins, herbs and other supplements by taking advantage of the information available through the National Library of Medicine.Folk Medicine, Herbs, and Cancer was the subject of the September edition. In this issue, we interviewed John Heinerman, Ph.D. a Medical Anthropologist who discussed what he had learned about healing cancer as a result of his visits to 33 countries.Cancer Treatments - Responses, Survival & Placebo: Defining an Effective Cancer Therapy reported on how cancer therapies are labeled "effective" by oncologists so that cancer patients can understand what makes one treatment better than another.And the November issue introduced our first Best Cancer Books edition.To read these stories go to: http://www.cancermonthly.comCancer Monthly would like to wish our readers a happy, healthy, and prosperous 2006.More information:• Read the whole story http://www.cancermonthly.com• To subscribe to CancerWire http://www.cancermonthly.com/cancerwire.asp• For more information about immune boosting products in cancer http://www.cancermonthly.com/immune.asp• For more information about clinics that treat cancer http://www.cancermonthly.com/clinics.asp• For more information about financial support for cancer patients http://www.cancermonthly.com/financial.asp• For more information about legal options for mesothelioma patients http://www.cancermonthly.com/legal_services.aspOf course, none of this information in CancerWire is a substitute for professional medical advice, examination, diagnosis or treatment and you should always seek the advice of your physician or other qualified health professional before starting any new treatment or making any changes to an existing treatment. No information contained in Cancer Monthly or CancerWire including the information above, should be used to diagnose, treat cure or prevent any disease without the supervision of a medical doctor.

Inspiring tales for the New Year

Got a New Year’s resolution? So do lots of people. And like most of them, you likely won’t keep yours.
Still, this is always the time of year tto look ahead with high hopes, and perhaps the time to imagine that 2006 might be the year that your life - no matter how good or bad it may seem - might get better. Perhaps, for you, this will be the year of change.
But think about this: Maybe thatt big defining moment has already happened. Maybe, even if you never realized it, something has already occurred in your life that has made you the person you are today, either personally or professionally. And if it hasn’t happened yet, maybe it’s something for you to look forward to, or still hope for.
We talked to some people from throughout NEPA last week and asked them to share with us a story that helped them put their lives in perspective, or helped shape their lives in some way. And what we found was that life-altering moments come in all forms. All you have to do is recognize them, and then act on them.
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Kermit Alphonso is the lead singer for The Collective, which has been voted one of the area’s favorite bands by Weekender readers for the past several years. He’s also one of the most well-liked people on the local music scene and is very active in the community and in helping with charitable projects. He is, to some, a role model
But Alphonso has a very telling tale to tell about his life, and says that despite his many friendships, it’s the women in his life that have had the strongest impact on him. Especially one woman.
“I’ve been fortunate enough to experience the influence of good, strong women,” says Alphonso. “These women have given me their strength, knowledge of the world, and inspiration to do better and strive for a better way of life. They’ve shown me the true meaning of loyalty, friendship, responsibility and love.
“I can’t talk about each and every one of them, because no one would have time to read all I have to say, but I’ll choose one great woman to highlight. Her name is Mrs. MaKee. This phenomenal woman was my high school guidance counselor. When I was in high school back in Greensboro, N.C., basketball consumed all of my time and was my big dream. This dream came to a sudden halt when I had the unfortunate experience of breaking and tearing ligaments in my right ankle. I was destroyed. All the colleges that were looking to recruit me started sending me cards that said they were sorry to hear about my injury.
This translated to ’Have a nice life. You are finished.’
“Sports was how I identified myself, so after that was gone, things went down hill for me. I decided to stop going to classes. I was skipping school on a regular basis and started selling drugs. Now, I wasn’t really good at it, so I knew this couldn’t last forever, and I found myself getting into fights with others because I was so lost. To make a long story short, I was arrested for assault with intent to cause deadly harm.
“Because of this charge, I was expelled from school. But Mrs. MaKee didn’t quit on me. She got me back in school. She made me tryout for the All-State Ensemble and Traveling Gospel Chorus. She felt that I had the grades and the voice to go to college. She promised me if I wouldn’t quit on myself, she wouldn’t quit on me. I followed through and so did she. She got Wilkes University interested in me as a student-athlete. If it were not for this woman, I would have never gone to college and got an education. I would have never known that my voice was special enough to join a prestigious vocal institution. I would have never known what it was like to see another place outside of Greensboro. This woman helped to save my life. I would probably be dead or in jail, considering most of the guys I was hanging with back in Greensboro are dead or in jail. If it weren’t her, and all of the good women in my life, my life would be lifeless.”
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Kevin Lynn, who serves as a colorful and sometimes outspoken morning talk show host on WILK-AM, says he got a sense of what he wanted to do with his life when he was just 15, when, after his father insisted, he took a high school speech class. It resulted in one very memorable and defining moment.
“Believe it or not, I was very shy,” says Lynn. “For my final semester assignment, I chose the poem ’The Mountain Whippoorwill’ by Stephen Vincent Benet. My reading went great, and my speech teacher then invited me to compete at a major public speaking tournament in Ohio. It was my first time ever speaking in public. Thousands of kids came from all over the state, to speak. Some schools even had pep bands! There were hundreds of kids entered in poetry, and I knew I was in over my head. We had to speak several times iin front of several judges, against different kids.
“The first kid in the first group did ’The Highwayman’ and actually made a noise with his mouth like horse hooves! Kids clapped! I was the next speaker. I knew it was over for me, so I figured, ‘What the hell,’ and I went for it. I let it all out, chewed the scenery, and generally put on a show. Then, amazingly, kids clapped for me too! I ’went for it’ the rest of the day. When they announced the awards, I won! But before the awards even began, I knew that day had changed my life. I knew I would continue to live my life out in public, and I knew I would continue to go for it. Since then, for better or worse, I have.”
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Linda O’Boyle Zaneski of Edwardsville is a registered nurse and also serves on Edwardsville council. She is also a former Miss Pennsylvania and Mrs. Pennsylvania, and she too recently reflected on the things that have changed her perspective on life.
“One defining moment for me was in 1991, when that Miss Pennsylvania crown was put on my head,” says Zaneski. “I noticed that everyone was suddenly interested in what I had to say and do. I actually thought the title, with its sparkling rhinestone crown, had a power that made people take notice. Soon afterward, however, I learned that it wasn’t about the crown at all. It was about an opportunity. An opportunity to speak to others about issues important to me. An opportunity to help others and feel good about it. I had something to contribute to the community as myself - not just as Miss PA.”
Zaneski says she’s learned that you don’t need to be in a high profile position to be heard, and that anyone can make such an opportunity for themselves and contribute to society in their own special way. She adds that volunteerism is an important part of a community, and that community service can be fun and rewarding.
“The spirit of community service continues to be a part of my life,” she says. “I believe that one person can make a difference, and if each of us contributes just a few hours a month, our communities would be so much better. As a councilwoman and full-time employee in health care, I serve the public on a daily basis. IIIII also strive to make our community better by involving my family in my community service efforts, to make them better citizens and better individuals. My kids are learning early on that helping others is important. You don’t need a title to make a difference. Your title can be father, wife, or even concerned citizen. Everyone can make a difference. “
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Dave Chesler, marketing director of Electric Factory Concerts, is one of the people responsible for presenting summer concerts on Montage Mountain. Chesler says he knew at an early age that he wanted music to be a part of his life, and that a college internship long ago helped shape his life. He believes, because of that experience, that everyone should fully follow their dreams and pursue their own happiness.
“I started going to concerts in my mid-teens and was instantly hooked on live music,” says Chesler. “All I wore in the first three years of high school were black heavy metal concert t-shirts, with an occasional white or gray thrown in every once in a while. My freshman year in college, I started working at the university radio station, which is also where I met my wife of 16 years. Because of my position at the station, I worked with the university venues quite often, and I convinced the venue marketing manager to hire me as his first intern. Working a John Mellencamp concert, I hooked up with a concert promoter from Chicago that was in town for the show. Afterwards, I sent him my resume and by spring break of my senior year, I had a confirmed internship with the top concert promoter in Chicago. Three months into the internship, they hired me on full-time and I worked there eight years. I have since moved to Philly where I have been with Electric Factory Concerts for almost six years, and my love of live music and entertainment hasn’t waned.”
“In college, I had no idea I would end up a concert promoter, but I knew what I liked doing and what my interests were,” he adds. “To that end, I decided to do as much as I could in those years, so that once I graduated, I would have as much experience working in radio and venue marketing as anyone could just coming out of college. It was that experience that gave me the opportunity to do something for a living that I truly loved to do - marketing concerts. If there is any bit of wisdom I can pass on from my experience, it is simply this - set yourself up to succeed - you’ll thank yourself later on in life. “
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David Lee, president of the United Way of Wyoming Valley, has dedicated his life to helping others. He too has a tale to tell of a moment that helped define him as a person.
Lee says he grew up as one of four children in a modest Midwest family, and there was never much money to spare. Still, he says his parents worked hard and saved, so they were always able to take an annual one-week vacation. He says the family would pile in the car, and head to the Lake of the Ozarks for a whole week of swimming, boating and water skiing. It was there, one summer day, when in reality, his life’s work began.
“During one of those vacations, I was standing in a souvenir shop and reading the wall plaques that such stores usually have,” says Lee. “One plaque stopped me in my tracks. It said, ’I thought I had it bad because I had no shoes, until I met a man who had no feet.’
“Until that moment, I never thought of myself as fortunate. I decided on the spot that someday I would work in a job where I could help people. At the time, and with water skiing on my young mind, I recall being focused on helping people without feet. As I got older, I understood the full meaning of the saying, as well as the full extent of misfortunes that life can deal to people.
“A second defining moment in my life occurred when I was about six years old. I met a young man who was introduced to me as my father’s ’little brother.’ I was confused. Was he my uncle? Soon I understood that Pops, in spite of the grueling long hours he worked, volunteered to mentor a young man who did not have a father living in the home. My mother did the same in the Big Sister program. To think that my parents did such a thing made a positive and lasting impression on me. It was an early and very powerful lesson about volunteerism and the positive impact it can have on someone who is less fortunate than we are.”
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Mary Therese Biebel, an award-winning features writer with The Times Leader, has had plenty of her own milestone moments. Yet she says that sometimes a simple encounter on the street can help change your perspective on life. She shares this story:
“A few weeks ago,” she says, “ I was walking along North Washington Street in Wilkes-Barre, just a few blocks from the newsroom, when I noticed a little girl who seemed to be holding a long, slender stick. ‘What does that kid have?’ I wondered. ‘A fishing pole?’
“When I got closer, I realized she was playing a violin, serenading a crossing guard. An older woman was holding the sheet music, and it was spread across her chest for the young musician to better see. That afternoon, I had been feeling low and discouraged by stories about crime and drugs and decaying neighborhoods. But the sight of that young violinist, the sheer beauty of her art in the street, the sweetness of two far-removed generations sharing a moment reminded me there is hope after all.
“I stopped, listened, and applauded the girl’s very recognizable rendition of ‘The Little Drummer Boy.’
“I’m glad I came this way,” I told her.
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Joe Ohrin, who Weekender readers have voted the area’s best comedian several times, says several of life’s experiences have made him appreciative of the blessings that he has, and have helped put his life in perspective. He says that a subway ride in New York,, just a few weeks after 9/11, helped reconfirm his own sense of purpose.
“This time of year, all thoughts are turned to gifts,” says Ohrin. “Buying gifts. Receiving gifts. Will it fit? Do I have a receipt? Waiting in line for gifts. Finding that perfect gift. But there are more important gifts than the ones we buy. They are the ones we’re born with.
“I’ve been blessed with the gift to be able to make people laugh. I was shy growing up, but when I was around people I was comfortable with, I told jokes, made up my own jokes, and enjoyed the laughter of myself and those around me. As I got older, I realized I could parlay my sense of humor into a career, and I have been fortunate enough to have been performing stand-up comedy for over 12 years. I haaave played in clubs and theaters and worked with top name acts, which I suppose is a nice accomplishment, considering I just wanted to try stand-up comedy just one time, to see how I’d do.
“In the summer of 2001, I was living and working in New York. I was doing tons of auditions for commercials, MTV, etc., and I was having a blast. There were times when I would cross Sixth Avenue and look to my left and see the Empire State Building, then I’d look downtown and see the World Trade Center - a place where I acted in some corporate videos - and would think, ’Wow, I’m a working actor in New York City.’ I was living one of my dreams, and a dream of many.
“I was home in Wilkes-Barre one weekend, and was set to go back to New York on a Tuesday, but my brakes needed to be fixed. So I called my agent and canceled my early appointment that was in downtown Manhattan, but assured her I would make my 4 p.m. audition uptown. As I was waiting for my car, I saw the world collapse. I saw my city crumble, the place that was so strong and tough, just disintegrate. Life was changing forever, for all of us.
“About two weeks later, my friend and I drove to New York. It was my first trip back since 9-11. We parked near Yankee Stadium, as our night would wrap up with a ball game, but as we headed downtown for a while, the city was eerily different. It was quiet, and it was patient. It was concerned and sad. As we got on the subway, I offered my seat to a lady and she thanked me and took it. My friend didn’t reeact quickly enough, so I made fun of him with lines like, ’You think that jerk would get up, and give you his seat. No, he’s not nice, he’s not a gentleman, like me.” Of course, the comments were all in fun, and the ladies around began to chuckle. I’m sure I ad-libbed a few more lines that got a few more chuckles. Then one lady approached me and said, ’It’s so nice that you can make people laugh in New York at a time like this. Thank you.’ I was just doing what I always do. But in that instant, my gift of humor was worth more than any other gift in the world. So, at this holiday season, and always, I try to remind people to enjoy the gifts that God has given them and appreciate the gifts of your family and friends. “
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Like most people, Danny Wilde, general manager at the Ford Pavilion at Montage Mountain, says it’s difficult for him to name just one defining moment in his life. But he does know why he does what he does for a living, and says that when others feel they way he did with one of his first rock Ôn roll experiences, he always advises them to follow that dream.
“There have been many moments that have shaped and changed my life
both personally and professionally,” says Wilde. “But I have worked and been involved in the live music industry now in some way shape or form for 28 years, and the one night that probably gave me the inspiration and drive to keep at it was back in 1978. I was playing in what was basically ann unknown garage band called Menticide. We rehearsed regularly in bedrooms and garages, but played only a handful of small shows. We were based in a small rural village called Southwell in Nottinghamshire in the East Midlands of England, so most of the shows were in surrounding village youth clubs to audiences that mostly neither knew nor cared what the punk music revolution was about. After much badgering of a local club owner, we finally got a chance to go into the city (Nottingham) to be the opening band for the legendary punk act The Damned.
“The club was the Sandpipers, a small sweaty place that only held 300 people, but there must have been 500 crammed in that night. We actually got to play through a real PA instead of the small home-constructed thing we would cart around with us. We also got a soundcheck, a dressing room, met the Damned, though the most contact was from Rat Scabies trying to make us buy him whiskey all night. We got ripped off by the promoter, spat upon by the Damned faaans - which was strangely enough a sign of appreciation - and had to do a runner from the van rental company because we couldn’t afford to pay for it. But we left exhilarated and completely hooked. There have been many highs and lows since that night, buttt whenever I start to doubt if I’m in the right profession, as rough as it can be sometimes, I sit back, replay that night in my head, conjure up a wry smile and get back to work.”
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Emelia (Emy) Angeli is the chair of the Communications Department and Humanities Division at Lackawanna College and President of Angel Star Media. She shares with us a deeply personal milestone moment in her life, and one that she says will stay with her forever.
“ ’I love you all’ were the last words my mother said before she took her final breath,” says Angeli. “I haven’t looked at life the same way since she was diagnosed with Mesothelioma, a cancer caused by exposure to asbestos. My life has never been and never will be the same. In the beginning, I was terrified of the word cancer, and by the end - which was my mother’s death - the noun that was once so foreign became the biggest part me. My mother taught me so much before she began her struggle with this horrific disease, but she taught me the most through her fight for life and her graceful acceptance of death.
“I am no longer the same person, and this isn’t for the worse. Although losing my mother was my biggest fear come true, the experience brought me to the place I am now. I believe things happen for a reason and this event, as painful as it was, lead me to the people I now have in my life. I truly live for the day and have little expectations. I’ve learned that paths are meant to find their ways to the place where individuals are supposed to be.
“My life’s little twists, turns and giant dips in the road have lead me to where I am today. I love the people in my life, I have stopped taking myself so seriously and have come to the conclusion that I truly need to live everyday as if it were my last and always tell the people who are the most important in my life I love them.”
We at The Weekender thank these people for sharing their stories with
us, and we wish a very Happy New Year to all of our readers. We hope that this week, as we head into 2006, we gave you all just a little something to think about.
Thank the mentor. Embrace the change. Hear the voice.
Follow the dream.

Families decry asbestos relief plan

The Yomiuri Shimbun
Do the government's relief measures, decided Tuesday, for patients and bereaved families of victims who suffered a disease caused by asbestos go far enough?
Six months have passed since Kubota Corp. released its findings on asbestos-related disease suffered by those who worked for the major machinery maker or lived near its plant in Amagasaki, Hyogo Prefecture. Since then, the issue has changed from being solely a work-related disease to a general pollution problem.
"We have put in force relief measures without delay and we have ensured there are no loopholes," a senior Environment Ministry official said.
The government views the policy as an administrative measure and denies any responsibility for the spread of the asbestos-related disease.
The government has agreed to pay 2.8 million yen in lump-sum benefits and about 200,000 yen in funeral assistance next fiscal year to each bereaved family of victims of asbestos-related diseases who had worked at an asbestos-related plant or neighbored one.
Initially, the Environment Ministry had decided to pay 2.4 million yen--the average monthly medical cost of 100,000 yen multiplied by 24 months, which is the average treatment period--to the surviving family members of deceased workers. But the ruling coalition parties urged a rise in the benefit level.
Amagasaki, where the relationship between the use of asbestos at local plants and the mesothelioma cases was first highlighted, is in the constituency of New Komeito Secretary General Tetsuzo Fuyushiba.
A joint project team, headed by the Liberal Democratic Party and New Komeito, temporarily agreed to raise the benefit level by 200,000 yen to 2.6 million yen, however, New Komeito later requested even higher payment.
An additional 200,000 yen was agreed as condolence money to families that looked after a patient and another 200,000 yen to assist with funeral costs which raised the total payment to 3 million yen.
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Victims remain dissatisfied
Although Environment Minister Yuriko Koike says she has demonstrated her leadership in compiling the relevant bills, suffering patients and bereaved families of the victims remain dissatisfied.
"It's not enough. People who did nothing wrong have been victimized," said Sugio Furuya, secretary general of Ban Asbestos Network Japan. He plans to ask for a higher payment.
"[The government payment] is good as an emergency relief measure," said Rikkyo University Prof. Takehisa Awaji, who has studied problems related to pollution. "But there is still a need to determine who is responsible for the problem and to get as many companies as possible to take on the burden of the relief cost and compile a comprehensive support program."
The latest government measure will be reviewed within five years to accommodate possible increase or fall in the number of asbestos-related mesothelioma patients.
However, experts say it takes an average of 38 years for the illness to surface after inhaling asbestos.
Even some in the Environment Ministry say the government's failure to take appropriate measures years ago will be discovered if the number of mesothelioma cases continues to rise after 2010--38 years after the World Health Organization first pointed out the link between asbestos and mesothelioma in 1972. The government failed to completely ban the use of asbestos at this time.
The Health, Labor and Welfare Ministry's Chemical Hazards Control Division says it has taken appropriate measures in regulating asbestos.

Asbestos use in cars defended
The Japan Automobile Manufacturers Association on Tuesday released its survey on the use of asbestos in domestically marketed automobiles by its 14 member companies.
Although all the member companies announced in October, 1996, that they had completely stopped using asbestos, asbestos continued to be used on 1.64 million vehicles manufactured by nine makers including Nissan Motor Co., Suzuki Motor Corp. and Toyota Motor Corp.
Asbestos was used in three parts, including the packing to close the gap in pipe connections, where it is not possible for the asbestos to disperse, the association said.

FOCUS: Ex-shipbuilding worker worried about asbestos+

For 37 years, Mankichi Omori, worked at a shipbuilding yard where another worker cut asbestos materials to make pipe insulation.His doctor told him in September 2000 that he had a thickening spot in the pleura, which is the thin, transparent membrane which covers the lungs and lines the inside of the chest. The condition is often caused by asbestos exposure.He realized that he had become an asbestos victim and started to worry about his future.Omori, 62, who lives in Tokyo, was involved in working on pipes in ship engine rooms from 1964 to 2001 at a shipbuilding yard."When the sunlight entered into the dimly lit room, the material looked like sparkling dust," he said.He remembers being told in the 1990s that the glittering insulation was carcinogenic.Asbestos is mineral fiber that has been commonly used a variety of building materials such as insulation. The World Health Organization said in 1977 that all forms of asbestos were carcinogenic, and many countries have sought to strictly regulate its use.
Some of Omori's fellow workers died of mesothelioma in 1999 and 2003, he said. Others who also worked with him were found one after the other to also have spots in their pleura.Omori received a medical checkup once a year. But he filed an application with the Tokyo labor office for a health management handbook in July after learning major machinery maker Kubota Corp. had been implicated in many asbestos cases in Amagasaki, Hyogo Prefecture.Handbook owners are entitled to receive a free medical exam every six months. But Omori was rejected because the thickening spot in the chest was not found again. He then asked the then minister of health, labor and welfare to inspect his case."I don't know whether I am going to be stricken" he said. "I'd like to find it at an early date and live a little longer. I don't know why (the labor office) refused to recognize me. It's certain that I inhaled asbestos."Yotaro Saito, a support group member who served as a proxy for Omori in trying to get the welfare minister to inspect his case, said, "I wonder whether the ministry is seriously dealing with (asbestos)."The purpose of requesting the exam is early detection, Saito added.There are about 20 to 30 doctors in the country who are experts at diagnosing asbestos-related illnesses."Doctors need some degree of experience and skill to be able to make judgments" on illnesses associated with asbestos, said Dr. Yuji Natori at a lecture at a medical conference in Tokyo in October.A machinery manufacturing company re-examined its employees' X-rays after the Kubota asbestos cases came to light and found that about 30 workers had thickening spots in their pluera.The machinery maker's doctor said that cases may have been able to have been found earlier, adding that "If I missed them, it is necessary to review the quality of medical service, including my diagnostic ability."

LEAD: Asbestos-containing parts used in 1.64 mil. Japanese vehicles+

Suzuki Motor Corp., Toyota Motor Corp. and seven other Japanese manufacturers used asbestos-containing components to build a total of 1.64 million cars, trucks, motorcycles and other vehicles between 1996 and November this year, the Japan Automobile Manufacturers Association said Tuesday.
But there is no risk of the carcinogenic material getting airborne from those vehicles and thereby harming humans, given asbestos was kneaded into resin or sealed for use in gaskets, packing and resin materials of the motor vehicles that also included buses, fire engines and tractors, it said.Suzuki Motor had 1.01 million vehicles using such parts, the largest number among the nine, while Toyota had 27,000 vehicles. None of the nine companies plans to recall the parts in question, it said.The seven other companies are Isuzu Motors Ltd., Nissan Motor Co., Nissan Diesel Motor Ltd., Hino Motors Ltd., Mitsubishi Motors Corp., Mitsubishi Fuso Truck & Bus Corp. and Yamaha Motor Co., according to the association.The association announced in October 1996 all of its member companies removed the asbestos from any parts used in their products.But it was revealed in October that Nissan Motor had used asbestos-containing parts from 1995 and 1999. The association then told its member companies to conduct further checks.Asbestos, a naturally occurring mineral fiber, is known to cause a rare form of cancer called mesothelioma, lung cancer and other health problems when inhaled.

The relatives of people who died due to an asbestos-related respiratory disease have welcomed the first ever Action Day, which has been set up to help

THERE was a big surge in compensation claims against James Hardie for the fatal cancer mesothelioma last year, but an industry expert hired by the company says it may be the last big leap.
In a report released earlier this month, actuary Richard Wilkinson said publicity about James Hardie's underfunding of an asbestos compensation trust it set up in 2001 caused a spike in claims.
This was partly because the 2004 special commission of inquiry into the shortfall increased public awareness about rights to sue for compensation, and partly because lawyers and other advisers feared that the cash-strapped trust would apply for voluntary liquidation.
Mr Wilkinson's work will be sent to James Hardie shareholders before they vote on the board's proposal, settled with the NSW Government on December 1, for the company to fund all future proven claims.
The trust received 254 mesothelioma claims in the year to March 2005, a 40 per cent increase on the previous 12 months and double the 126 claims received in 2000-01. But Mr Wilkinson, from KPMG Actuaries, said there had been a "marked reduction" in the early months of this financial year.
Anecdotal evidence from other former asbestos producers, insurance companies and law firms suggested a similar experience, he said.
Mr Wilkinson has told James Hardie to expect the number to drop to 218 this year before returning to around 240-250 for another four or five years and then beginning a permanent, steady decline.
Although James Hardie stopped making asbestos products in 1987, the average 35-year latency of mesothelioma means compensation funds will be needed until mid-century. In a report earlier this year, Mr Wilkinson predicted that 5268 Australians would contract mesothelioma from exposure to James Hardie products in coming decades. His latest report reduces that number to 4915.
When less serious forms of asbestos-related disease are included, he expects James Hardie to compensate 8725 victims, down from his previous estimate of 9085.
In 2005 dollars, he expects this to cost the company $1.6 billion.
While the special commission of inquiry cast a poor light on previous actuarial studies carried out for James Hardie, which concluded that $300 million would fund all future claims, the riding instructions given to Mr Wilkinson are more conventional than the commissions issued by James Hardie's disgraced former managers, and his work is considered more thorough.
However, he has warned shareholders that his report does not cover all eventualities.
For example, he has made no allowance for a surge in so-called "third wave" claims predicted by some experts. This is the industry's terminology for people who fall ill from exposure to asbestos installed in homes and public buildings such as schools and hospitals.
Medical experts regard asbestos sheeting as safe if left untouched after installation, but dangerous if the fibres are disturbed in renovation or removal.
The first wave of illness affected asbestos miners, the second wave workers in the factories which made the sheeting or in industries which used the fibre for large-scale insulation such as power plants or shipping.
Mr Wilkinson said his calculations assumed that third-wave claims would continue at their current modest level.

Time to take action and fight asbestos

The relatives of people who died due to an asbestos-related respiratory disease have welcomed the first ever Action Day, which has been set up to help fight the illness.Action Mesothelioma Day will take place on February 27 in a bid to tackle the growing number of people who develop a malignant tumour which grows inside the chest and abdomen.The Evening News has reported on a number of deaths due to people working or coming into contact with poisonous asbestos. Mesothelioma is one of several types of respiratory disease which is a direct result of asbestos exposure.It can develop over 40 years after the exposure and because of this long delay it is estimated cases will continue to rise until at least 2015.The British Lung Foundation is launching the very first Action Mesothelioma Day to campaign for better care and treatment, improved protection for employees and more funding for research. Doreen Mingay's husband Derek, 74, died last year after being exposed to asbestos after working in boiler rooms when he was a Naval Officer.He died eight months after he was diagnosed with small cell cancer of the lungs.Mrs Mingay, 70, from Alexandra Road has backed a campaign to win up to £1 billion in compensation for people with pleural plaques, a lung condition which could be an early warning of diseases like mesothelioma.She said the Action day is “long overdue”.“It makes me angry that so many people have died of the disease but still nothing is being done about it,” she said.“An Action Day is long overdue and one of the things I would fight for the most would be more funding for more research and early testing.“By the time Derek was diagnosed it was too late, he was full of asbestos. I think what should be introduced is compulsory testing for anyone who is exposed to asbestos.“This should be done regularly so the disease can be stopped in time.“I welcome an Action Day and am glad something is finally being done about this awful disease.”Doreen Brown, 81, from Heigham Street, Norwich lost her daughter, Linda Pyke to mesothelioma in September 2003.The 56-year-old used to work at Harmer's clothing factory in the city but her mother believes she came into contact with asbestos when she worked there between 1961 and 1968.Linda Pyke of Derby Street worked at the factory in Mile Cross from when she left school at 15 to the age of 22.The asbestos was thought to be in the lining of jackets made for firemen.Mrs Brown said: “It broke my heart when my daughter died. I miss her so much. Anything that can be done to fight mesothelioma I welcome.“I think families should be entitled to compensation. I don't need the money, I will give it to charity, but we should be given something.“I am glad there is finally an Action Day and anything I can do to help I will. Something has got to be done.Claims against companies for asbestos related illnesses are soaring. Godfrey Morgan whose Clarence Road based law firm is a leading specialist in asbestos cases said his firm had seen a rise of 50 per cent in the number of cases it was dealing with compared to last year.Most claims his firm dealt with were from people exposed to asbestos in the 1940s to 1970s and there are difficulties getting hold of the companies involved.The Evening News launched its Asbestos Action Campaign in 1997to outlaw the use of white asbestos after the death of Norwich factory worker Malcolm Gardiner.To show your support for the Action Day log onto www.lunguk.org.Have you been fighting an asbestos claim? Contact Naomi Canton on (01603) 772418.

Man remembers asbestos near old Kubota factory

(Kyodo News International (Tokyo) (KRT)) Dec. 27--AMAGASAKI -- One man who lived near one of Kubota Corp.'s old factories in Amagasaki, Hyogo Prefecture, can remember how his umbrella would be covered with white dust -- asbestos -- after it dried.


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The now 62-year-old man, who spoke on condition of anonymity, used to live in an apartment building for officials of the defunct Posts and Telecommunications Ministry on the northern side of Kubota's old Kanzaki factory. Kubota is a major machinery maker based in Osaka.Six months have passed since it was revealed that some residents living in the nearby area may be suffering from asbestos-linked illnesses.Asbestos is a fibrous mineral used in buildings, among other things, which is known to cause diseases such as mesothelioma, a rare cancer found in the lining of the heart, lungs and the abdominal cavity, and lung cancer even many years after being inhaled.The government has unveiled a legal framework to help people with asbestos-linked illnesses as well as the families who have members that have died from such illnesses.But critics say there is a large discrepancy between the government payments under the planned law and those provided under workers' compensation.The man had lived in Amagasaki for 18 years when he was young.He remembered that the tatami mats in his apartment were dusty and that his skin felt prickly when he wore underwear that had been dried outside.Three former residents of the apartment, including his younger brother, died of mesothelioma."Amagasaki at the time was a polluted city with full of soot," the man said, adding that people never thought anything about seeing stuff in the air.Kubota's factory went into operation in 1954. And from 1957 to 1975, it allegedly used 88,671 tons of blue asbestos to manufacture water pipes and other items. Blue asbestos (crocidolite) is said to be more toxic than white asbestos (chrysotile).About half of the 251 workers involved in production for more than 10 years developed asbestos-related illnesses, such as mesothelioma, and 61 have died.A 70-year-old man who had worked in the factory between 1959 and 1966 used to remove solid asbestos from hemp bags and put it into a mill to loosen the fibers. He said clouds of asbestos would rise from the floor during the process.The company provided workers with sponges and cotton gauze but did not inform them about the hazards, he said. He recalled that some men worked without wearing the gauze, and almost all the windows were open.Working at the factory, which ran 24 hours on two shifts, was hard, but the pay was attractive, said the man, who was diagnosed with an asbestos-related lung disease in 1996.He suffers from incessant coughing in the winter. Seven workers who all came from his hometown have died.The dedicated effort of Kazuko Furukawa, 57, of Sakai, Osaka Prefecture, brought to light that asbestos was affecting the people living near the factory.Her husband had symptoms of mesothelioma in 2000 after handling asbestos at work. It took doctors a long time to confirm his illness and, in the meantime, his repeated requests for workers' compensation were rejected. He died in 2001.Furukawa took part in activities launched by support groups to help those who were in the same situation as she was. While walking around the old factory, she ran into residents who never worked with asbestos but who had mesothelioma.She began to see "asbestos pollution" in them.Kubota subsequently began paying "sympathy" money to patients and condolence money to families of those who died from mesothelioma, thanks to the efforts made by Furukawa and support groups.According to a survey conducted by Norio Kurumatani, an expert on industrial epidemiology at Nara Medical University, said the risk of dying of mesothelioma for people living in a 500-meter radius of the old factory is 10 times higher than the national average.

Kubota apologizes for asbestos

AMAGASAKI, Hyogo Pref. (Kyodo) The president of major machinery manufacturer Kubota Corp. apologized Sunday to people suffering from asbestos-linked diseases who live near one of the firm's asbestos factories.
Kubota Corp.'s now-defunct Kanzaki factory in Amagasaki, Hyogo Prefecture, lies adjacent to a residential area.
While Kubota President Daisuke Hatakake, meeting with the residents, did not clearly acknowledge the causal relationship between its factory and their illnesses, he said he feels a moral responsibility for their plight, according to the residents.
They added that Hatakake promised to set up a new compensation regime for residents similar to that for Kubota employees by April after listening to their views on the matter. The roughly one-hour meeting -- the first between Hatakake and residents and family members of those who have since died -- was closed to the media.
The apology and pledge for a new compensation framework may affect other companies which have used asbestos, observers said.
The residents lived near Kubota's Kanzaki factory, which was in operation between 1954 and 1997. It manufactured such products as sewer pipes that contained asbestos.
Records show it used some 9 tons of blue asbestos, believed to be the most toxic form of the substance, between 1957 and 1975.
Of the 251 employees involved in producing the pipes for more than a decade, roughly half have been diagnosed with asbestos-linked diseases such as mesothelioma, and 61 have died.
At Sunday's meeting, Hatakake was quoted as saying it "cannot be denied" that asbestos fibers might have escaped from the factory premises. However, he said the causal relationship between that and mesothelioma has not been fully confirmed.
He bowed in apology anyway, saying: "We did not fully recognize the risks. I feel moral responsibility as an operator (of such a facility)," according to the residents.
Speaking at a news conference later in the day, Hatakake acknowledged that it was unprecedented to take such actions without recognizing a causal relationship.
"We have to do something about the reality that is right in front of our eyes," he said, adding that the company could not spend more time on the compensation issue given the situation facing patients and their families.
The company currently has a system under which people living near the factory who are mesothelioma patients and bereaved families can receive 2 million yen in sympathy money and condolence money. As of Thursday, 70 people had applied for the money and payments have been made to 46 of them, according to the firm.
Kubota revealed in late June that scores of former workers at the plant fell ill. It was later discovered that residents living near the factory were suffering an abnormally high rate of asbestos-related maladies.
This also triggered a series of announcements from firms and municipalities nationwide of disease sufferers and previously unconfirmed asbestos use.
The government is planning to submit to the ordinary Diet session that begins next month a bill to help victims of asbestos-related diseases.
If enacted, the families of employees and residents currently receiving medical treatment will be given roughly 100,000 yen per month in addition to the portion of the medical costs they shoulder. Families of victims who have already died will be given a lump sum of 3 million yen. For families unable to apply for workers' compensation due to the statute of limitations, the government will pay pensions of 2.4 million yen a year.