biosman2's Blog

Mesothelioma and James Hardie

by Karen Ballard

Besides the Australian Wheat Board Scandal with the Australian Government at present, the largest and most prominent legal case in Australia is the compensation claim by former and current workers, as well others who have been exposed to the products, of James Hardie. Many workers, and product users, are suffering cancer in various forms due to exposure to James Hardie products. Cancers such as Asbestosis, Pleural Mesothelioma, Peritoneal Mesothelioma and Pericardial Mesothelioma to name a few.

The insidious nature of theses diseases are that the symptoms may take 15 - 20 years or longer to show, and until the cancer advances to its secondary stages it can be misdiagnosed as many other complaints. The absolutely horrendous statistic is that on average most sufferers of these cancers do not live more than 250 days after diagnosis, making legal action very hard. This is where the current legal action with James Hardie becomes a huge precedent if found successful by the courts.

The people taking action on James Hardie in this case are doing so in a class action in order to get a mass judgement. The most important aspect of this case is that many workers of James Hardie may not have developed symptoms as yet, but if found to have contracted cancer due to working for, or coming in contact with James Hardie and their products, they have the right to claim monies from this compensation money pot. Never before has monies been ordered to be set aside in this way in order to fund future compensation claims. This is where this court case comes into own and will set a major precedent.

Now as far as I can work out, a little over four billion dollars has been set aside by James Hardie in order to fund current and future compensation claims. But the hold up in distributing those funds is the Australian Government and their taxation rulings. James Hardie and the legal representatives involved, wish for these compensation payments to be a non taxable item in line with other compensation payments delivered to Australians. (In Australia tax is only payable on these compensation monies when the monies start to earn an income either by interest payments from the bank or investments etc) But the Australian Government say that these payments are in lieu of wages and as such are taxable at the current wages rates.

At time of writing this, no one has come to an agreement on this taxation issue, so the funds are not yet released. And sufferers of these insidious forms of cancer are dying day by day, not receiving any funds. I just wonder who is receiving any interest payments on this money and are they being taxed by the Australian Government? I know this sounds "bitchy" but come on people lets get the money to those who need it, but more importantly who deserve it!

So where are we with this issue? We learn bits and pieces whenever there is a snippet of news, or there is a bit more movement on this issue. I have a page on my internet site (got to http://www.mesothelioma-lawyer-cancer-asbestos-symptom.com/index.htm and press on the link James Hardie in Australia) that lists as many of these press releases and articles I could find. I have tried to keep them in chronological order as best as possible running from the most recent to the oldest one.

Now I know this article has not been very precise, but this is a complex issue and one which cannot be fully grasped until all the information has been absorbed. This article was just a glimpse of some of the issues in this complex court case. If you wish to learn more about James Hardie and this compensation claim by the sufferers of lung cancer, asbestosis and mesothelioma, I encourage you to my internet site http://www.mesothelioma-lawyer-cancer-asbestos-symptom.com/index.htm press on the James Hardie in Australia link and read as many of the articles you want to. And of course if you feel you have a claim, contact a legal representative immediately. I don't know if there is a statute of limitations placed on these monies, or the fund will exist until date x. But if you do have a claim, act quickly. But more importantly - IF YOU HAVE BEEN EXPOSED TO ASBESTOS, ACT NOW! The quicker you find the complaint - the more treatment options you have.

My Mesothelioma Information Site is a work in progress and contains as much information regarding Mesothelioma in its three forms of Pleural Mesothelioma, Peritoneal Mesothelioma and Pericardial Mesothelioma, its symptoms as well as where to seek help etc. You can find my Mesothelioma Information Site at http://www.mesothelioma-lawyer-cancer-asbestos-symptom.com/index.htm

One more word of advice regarding Mesothelioma - On average it takes two to three months from the first visit to the doctors before a Mesothelioma Sufferer is diagnosed with a form of Mesothelioma. Also, about 25% of Mesothelioma sufferers have their symptoms about six months before they visit the doctor. This is precious time lost and THIS LIMITS YOUR TREATMENT OPTIONS!!! On average, once mesothelioma has reached its secondary stages, the sufferer lives only 264 days. That's less than a year! Catch it quick and treat it quick! If you have been exposed to asbestos see your doctor now. Tell them of your exposure and demand (in the minimum) a lung x-ray. Do this now, if not for yourself, for those who love you!

This article is of an information basis only. Remember to seek advice on anything mentioned in this article. I am neither a qualified doctor, accountant or legal representative. Seek advice from qualified professionals before making any decisions.

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Mesothelioma and James Hardie

Prosecutors Anxiously Await Judge's Decision in Asbestos Lawsuit

by Lynn Fugaro

Several people sickened by asbestos from a Washington state mine continue to hope for a trial as federal appellate judges consider the future of the government's case against mine operator, W.R. Grace & Company. Last year, a United States District Court judge decided to ban federal prosecutors' use of documents, studies and testimony by expert witnesses, and this decision derailed efforts to bring the mine and seven of its former and current senior executives and managers to trial last year.

Allegedly, the Grace company and its officials knew about devastating health effects tied to asbestos exposure but concealed this information; consequently, many residents in the mining town of Libby, Washington are dying or have already died from mesothelioma, asbestosis and other asbestos-related disease. The charges against the company and the officials include criminal conspiracy and knowing endangerment.

Assistant United States Attorney Kris McClean of Montana and Todd Aagaard from the Justice Department said the judge's rulings forbid the government from presenting information drawn from Grace's own asbestos testing. The judge also forbids the results of a government study that found more than 1,300 of 7,000 Libby residents tested had lunch abnormalities consistent with asbestos-related disease.

On June 4, 2007, federal lawyers asked the 9th Circuit to overturn Judge Molloy's rulings and are awaiting the court's decision on whether or not the trial will move forward.

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Prosecutors Anxiously Await Judge's Decision in Asbestos Lawsuit

Asbestos and Its Dangers

by Vincent Green

Asbestos and Its Dangers

Asbestos is the name given to naturally occurring fibrous minerals that are contained within rock and mined in many countries. Asbestos has a number of valuable properties including physical strength, resistance to chemicals, non-combustibility and good thermal and electrical insulation.

It is due to these properties that asbestos has been widely used in industry for a range of applications. However, when asbestos is disturbed or damaged, the fibres can be released into the air and inhaled, which creates a risk to human health. It is estimated that Asbestos Containing Materials (ACM) may be present in up to half a million premises in the UK and could represent a health risk if the materials are not properly identified and managed.

The Control of Asbestos Regulations 2006 (CAR) were introduced in order to address the risks involved. From studies of people who were exposed to asbestos in factories and shipyards, we know that breathing high levels of asbestos fibers can lead to an increased risk of mesothelioma, a cancer of the lining of the chest , and asbestosis, in which the lungs become scarred with fibrous tissue. The risk of lung cancer and mesothelioma increases with the number of fibers inhaled. The risk of lung cancer from inhaling asbestos fibers is also greater if you smoke. People who get asbestosis have usually been exposed to high levels of asbestos for a long time. The symptoms of these diseases do not usually appear until about 20 to 30 years after the first exposure to asbestos.

Asbestos Facts

There are three main types of asbestos still found in premises. These are commonly called blue asbestos (crocidolite), brown asbestos (amosite)and white asbestos (chrysotile). All types of asbestos are dangerous, but blue asbestos and brown asbestos are most hazardous. It is impossible to identify them just by their colour. Although it is now illegal to use asbestos in the construction or refurbishment of any premises, many thousands of tonnes of it were used in the past and much of it is still in place. As long as it is in good condition and is not being or going to be disturbed or damaged there is no risk. But if it is disturbed or damaged, it can become a danger to health, because asbestos fibres are released into the air and people can breathe them in. Breathing in air containing asbestos fibres can lead to asbestos-related diseases, mainly cancers of the lungs and chest lining. Asbestos is a risk only if asbestos fibres are released into the air and breathed in. Over 4 years ago, Asbestos-related diseases killed up to 3000 people a year in Great Britain, and this number is expected to continue rising for the next 10 years. There is no cure for asbsestos-related diseases. There is usually a long delay between first exposure to asbestos and the onset of disease. This can vary from 15 - 60 years. Only by preventing or minimising these exposures now will asbestos-related disease eventually be wiped out.

Asbestos Statistics

Asbestos-related diseases kill up to 3000 people a year in the UK.
The delay between first exposure to asbestos and the onset of disease can vary from 15 - 60 years.
Asbestos is the only known cause of Mesothelioma.
Asbestos is a combination of several minerals held together by silky strands of fibers. These fireproof fibers of Asbesdos do not burn, and do not conduct heat or electricity.
Asbestos was used widely in all types of construction products up to the mid-1970s.
Asbestos is the most serious occupational health issue ever experienced in the UK .
Asbestos statistics indicate that the incidence of asbestos deaths in the UK may rise until it reaches a peak in the year 2020.
Asbestos Regulations

The Control of Asbestos at Work Regulations introduced by the government, require an explicit duty to manage asbestos in non-domestic premises. This important legislation was passed to tackle the biggest occupational health killer in the UK, which is unfortunatly asbestos-related disease. Employers, building owners, landlords and tenants should be considering the implications of not complying to these regulaions, identifying the presence of any asbestos-containing materials within their premises and formalising a strategy for managing the risk.

The Duty to Manage

If you own, occupy, manage or have responsibilities for non-domestic premises, which may contain asbestos, you will either have a legal duty to manage the risk from this material or a duty to co-operate with whoever manages that risk. The person responsible for a building (The Duty Holder) is required to manage the risk from asbestos by: Taking reasonable steps to find asbestos on their premises and assess the condition of these materials. Presuming that materials do contain asbestos unless there is strong evidence that they do not. Preparing a record of the location and condition of asbestos, or presumed asbestos, materials and assess the risks from them. Preparing and implementing a plan to manage those risks. Providing information on the location and condition of the materials to anyone who is liable to disturb them.

Who will be the Duty Holder?

All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of the tenancy agreement or contract that applies. Depending on the contract or tenancy the Duty Holder could be the landlord or tenant or even a facilities manager. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Also any building surveyor or architect who have plans which show information on the whereabouts of asbestos would be expected to make these available to the Duty Holder at a reasonable cost.

Liability and Penalties

The most common liability that a company faces in this context is a claim in negligence made by an employee or contractor suffering from an asbestos related illness. Although the manufacture and supply of asbestos products is now prohibited in the UK, workers in the building and maintenance trade remain at risk of avoidable exposure to asbestos containing materials during the course of their work. The cost of failure to comply with asbestos regulations can be high and not just in human terms. Developers, architects and contractors, as well as property owners and managers, face compensation bills, prosecution and adverse publicity. It can also affect the value of a building. The Health and Safety Executive is responsible for the enforcement of the CAW Regulations in terms of their usual powers and procedures. The maximum penalties are an unlimited fine and/or up to two years' imprisonment. As with most other health and safety law offences, directors and officers of companies may be held liable for breaches if committed with their consent, connivance or neglect.

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Asbestos and Its Dangers

Features Of Asbestos Siding

by David Faulkner

This article talks extensively about the use of asbestos as a siding matrial. It talks of all the ill-effects of asbestos and urges users to be extremely careful while installing them. If you are not confident of installing and maintaining the asbestos yourself, seek professional help, before you suffer from respiratory diseases. Asbestos Sliding is a very common home building tool. This tool has been there since the 1930's. In all likelihood, you or your friends have asbestos sliding for your homes. Many home owners, which comprise professionals, developers and planners, have used Asbestos Siding as an integral part of their respective homes. The increase in number of people who use this tool is astounding, especially after all the difficulties and challenges the competitive asbestos industry faced.

Sales of Asbestos Siding sky rocketed between 1930 and 1970. A vast number of people all around the world have considered this as a viable option as it was cheap and it increased the durability of their homes greatly. Sometime in the 1970's, researchers found out that asbestos siding had many ill-effects and was the main cause for respiratory disorders like Asbestosis, a condition where the lungs get scarred; Lung Cancer; Mesothelioma, a cancer of the chest lining and the abdominal cavity and other such deadly diseases. Soon after this discovery, sales of asbestos siding plummeted. After some time, its sale completely stopped.

Asbestos Siding - Is it right for your house?

Few people still consider asbestos siding as a viable option even today, despite its adverse effects on human health. The main reason for this is that it is more durable than any of its counterparts. Also, it is a fire-proof material. It is known that a few Cruise liners use asbestos walls to ensure that in case a fire does start somewhere, it doesn't spread too much, before it is extinguished by the crew members. In the recent past, a shipping disaster was averted due to the use of asbestos in its walls which retarded the spread of flames. Another advantage that asbestos siding has is that it increases the strength of the building material in which it is used. Asbestos has a mesh like structure, which improve the elasticity of the wall. In simple terms, if pushed, it will stretch more before it breaks. Also, unlike its counterparts, asbestos doesn't need an expensive paint to cover it. A simple coat of latex paint will seal its harmful contents and make it look soothing to the eyes. The asbestos can be removed just as easily and there will leave no trace behind. The only important point is that one needs to be careful while removing it, to make sure that the fibers do not come in contact with air, in which case it will pose a health hazard.

Asbestos Siding - Is it Safe?

One advice that I would give to the readers is that in case you already have asbestos siding installed in your homes, have a professional come and run a thorough check on it to know whether you need any repairs or replacements rather than tearing it down yourselves. This should reduce the risk factor associated with it. There are many professional who run these tests, and in case you want to go for a cheaper alternative, there are many asbestos removing groups which remove the asbestos siding for free. In case you are wondering how they will earn money from it, they are brokers who will sell it to developers in need of asbestos for a cheaper price.

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Features Of Asbestos Siding

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