Mesothelioma Bytes

"Make Your Mark For Meso" - March 11, 2012

2012-03-08T07:54:00.006-08:00

Rosemarie Ganoe already knows a thing or two about pulling together as a community for a worthy cause. Last year she was honored as a “Person of Distinction” by the Los Angeles Daily Breeze newspaper, receiving the female volunteer honor for her contributions to various fundraising committees and events.

Rosemarie and Mark
Ganoe

This Sunday Rosemarie will be at it again when she hosts the first annual “Make Your Mark for Mesothelioma” fundraiser in honor of her beloved husband Mark, who passed away from mesothelioma almost exactly a year ago.

Rosemarie has organized a fabulous “Casino Night” of Roulette, Black Jack, great food and wine, entertainment, silent auction and raffle prizes. All proceeds will benefit The Pacific Meso Center, an organization committed to finding innovative medical solutions for mesothelioma patients.

According to Clare Cameron, PMC’s executive director, “Rosemarie is the best negotiator I’ve ever seen. She has almost singlehandedly secured donations of services and prizes from countless individuals and businesses and in the process exceeded any preconceived expectations on how much they were willing to give. Her business acumen, prominence in the community, and infectious desire to help have given her church, clients, friends, family and community an exceptional opportunity to support her when she needs them most.”

According to Rosemarie, “I feel that no matter what I give to the community or what I volunteer, I could never give them back as much as they've given me. Never." Even tonight, Rosemarie will be joined by her dedicated group of volunteers, consisting of friends and family, to take part in an assembly line of sorts to organize and assemble all of the gift bags and auction and raffle prizes for the event.

“Make Your Mark for Mesothelioma” will be held at the Dalmatian American Club in San Pedro on Sunday March 11, 2012 from 6-11 pm. The event has completely sold out but if you still want to donate, please contact Clare Cameron at ccameron@phlbi.org or mail your donation to 1379 W Park Western Dr. #301, San Pedro CA 90732.

The Law Office of Roger G. Worthington is moved by Rosemarie’s commitment to mesothelioma research and support for Dr. Cameron’s mission to improve meso patients’ lives. We are donating $10,000 to support Rosemarie and are pleased to be part of the “Make Your Mark for Meso” event in memory of Mark Ganoe.

Never, Never, Ever Give Up

2012-02-20T13:59:00.001-08:00

Devil’s Punch Bowl Park, Pearblossom, CA.

John Johnson
at peace in the Yucca

Out numbered. Out matched. Out gunned. Probably even out-smarted.

But one thing I didn't lack, this weekend, on the windswept Yucca tree strewn mountain slope of Devil’s Punch Bowl, was motivation.

Motivation and the steady whisper of the most powerful mantra imaginable: Never, Never, Ever, Give Up.

A mantra that brings to mind all the heroes I’ve been privileged to represent. Men and women who, against impossible odds, when nobody would've doubted their toughness, or love for life, refused to throw in the towel. They hung on. They hung around. They searched for grace, and found it. They scraped and clawed for hope, and grabbed onto it.

They had a million reasons to quit. Battered by surgery. Waylayed by chemotherapy. Zapped by radiation. Pounded from all sides by a fusillade of anxiety, despair, and the kind of pain you can’t rub out.

But they kept going. Hard men like John Johnson. Hard but tender. John Johnson saw the finish line. Everything, it seemed, was against him: stage III mesothelioma, shortness of breath, chronic pain, a gaggle of nattering nabobs with their stupid time-sucking questions, a seemingly indifferent Court that refused to honor the stress-avoidance prescription of his doctor, and the clock.

A Calling

Breakaway From Cancer,

Mesothelioma Patient’s Bill of Rights

2012-02-06T17:12:00.000-08:00

We, the mesothelioma patients of the United States, in order to form a more humane justice system, enhance domestic tranquility, provide for quality of life, promote the healing process, respect the rights of the injured to seek redress, and secure the blessings of liberty to ourselves and our families, do propose this Mesothelioma Patients’ Bill of Rights.

1. Neither the courts nor the defendants shall do harm to a mesothelioma patient who seeks compensation for injuries caused by asbestos poisoning.

2. If a mesothelioma patient shall produce a prescription from a treating doctor limiting the hours of a deposition, the court shall enforce said time limit in the interest of the patient’s life, liberty and dignity.

3. Depositions of a mesothelioma patient should follow the Federal Rules of Civil Procedure, and be limited to seven hours.

4. If the defendants seek additional time for cross examination, they shall carry the burden of proving, through admissible evidence, that the additional time is necessary to discover facts not more efficiently obtained elsewhere; moreover, that the added time, in the opinion of the patient’s treating doctor, will not do harm to the patient.

5. If a trial date has been set in a mesothelioma patient’s case, and the patient should pass away before resolution of the case, the patient’s estate shall have the same claims as if the patient was still alive. The defendants shall obtain no economic windfall because the plaintiff has passed away as a result of the tumor caused by asbestos.

6. If a mesothelioma patient’s treating physician provides the court a sworn declaration attesting that substantial doubt exists regarding the patient’s survival beyond six months, and the patient commences a deposition but passes away before the deposition is concluded, the completed testimony provided shall be admissible at trial.

We hold this policy to be self-evident, that simply because a patient seeks justice for injuries as a result of asbestos poisoning, that worthy pursuit does not give the defendant cause to retaliate with torture and other cruel, inhuman or degrading treatments.

The Worthington Law Firm

February 6, 2012

Los Angeles Jury Awards More Than $5.55 Million to 70 Year Old Navy Veteran

2012-02-01T07:20:00.000-08:00

Los Angeles Jury Awards More Than $5.55 Million to 70 Year Old Navy Veteran and Pump Mechanic Exposed to Dust From Asbestos Gaskets and Packing While Working at C&H Sugar in Benicia, California.

Richard Keeney

The Worthington Law Firm and co-counsel The Farrise Law Firm are pleased to report that on January 27, 2012, a Los Angeles, California jury of 6 men and 6 women awarded more than $5,550,000 in favor of their clients Richard Keeney and Howard Garcia. Mr. Keeney declares, “I am utterly amazed at what the two firms have done for me. They both worked really hard.”

Mr. Keeney is a 70 year-old gentleman who served his country in the U.S. Navy from 1958 to 1979, earning five Good Conduct Awards, a National Defense Service Medal, a Vietnam Service Medal, a Republic of Vietnam Campaign Medal, an Armed Forces Expeditionary Medal (Korea) and a Navy Unit Commendation. After his retirement from the Navy, Mr. Keeney worked as a pump mechanic at the C&H Sugar plant in Benicia, California from 1976 to 1995.

While working at C&H Sugar, Mr. Keeney was frequently exposed to dust from asbestos gasket and packing materials used with pumps and other machinery at the plant. In January 2011, Mr. Keeney was diagnosed with malignant pleural mesothelioma, a cancer which attacks the linings of the lungs in persons exposed to asbestos. Mr. Keeney has received treatment for his disease at the West Los Angeles VA Medical Center including a lung-sparing pleurectomy/decortication surgery performed by surgical oncologist Robert Cameron, M.D.

In March 2011, the Worthington and Farrise firms filed a lawsuit on behalf of Mr. Keeney and his domestic partner against over 45 defendants. Pre-trial settlements were reached with many defendants. On December 12, 2011, the case proceeded to trial against John Crane, Inc., a company which manufactured and/or sold more than 300 different asbestos containing gasket and packing styles from 1917 through at least 1985.

Rick's honorable
discharge from the
U.S. Navy, 1979

Trial lasted approximately 4 weeks. Attorneys Simona A. Farrise and Carlos Guzman lead the effort for plaintiffs. After deliberating for 14 days, the jury awarded damages of more than $5,550,000 in favor of Mr. Keeney and Mr. Garcia. The jury found John Crane, Inc. 12% negligent and strictly liable for its asbestos gasket and packing materials that Mr. Keeney worked with for approximately 15 years. According to Mr. Keeney, he states “I don’t want to put a value on someone’s life, but I think what the jury and the court decided is fair.”

Mr. Keeney is glad that the case has finally come to an end and states that he’s been amazed by the process and what his legal team has been able to do for him. He states that he was “…flabbergasted by the defense tactics of deflecting blame even when confronted with the facts. It boggled my mind and was hard for an ill person like myself to tolerate day after day.” He is grateful for the dogged representation of his attorneys, especially Simona Farrise, whom he describes as “ferocious” and “relentless” in her fight for his rights.

Recovering from
surgery.
February, 2011

Mr. Keeney will now return his focus to fighting his disease with the assistance of Dr. Robert Cameron. A new spot was recently found in his pleural cavity which will soon be biopsied. If the growth is malignant, Dr. is recommending cryoablation, a new minimally invasive procedure which uses controlled freezing to dissipate small tumors. Mr. Keeney describes Dr. Cameron as “incredibly well-informed and absolutely wonderful” and states that it is a constant “relief to know that I am in the right hands.”

When things settle down, Mr. Keeney and his domestic partner, Mr. Garcia, to whom the jury awarded damages for loss of consortium, are looking forward to traveling to Washington D.C. where he plans to re-visit the Vietnam Veterans Memorial and the United States Navy Memorial. “Having the opportunity to take this much awaited trip confirms for me how great it is to be an American. I'm grateful to have had access to outstanding medical and legal talent.”

February 1, 2012

A Tribute to a Dedicated Man: John Johnson. 1943-2012

2012-01-24T17:32:00.000-08:00

John and Sue Johnson

celebrating John's
69th birthday in their
home in Newport
Beach, CA.

January 21, 2011

What is the measure of a man?

Is it the degree of devotion by his loving wife? Is it the respect and admiration of his grateful children? Is it the way his grandchild giggles when he kisses her plump cheek?

Is it the way he, despite great personal discomfort, soldiers on, driven by an unbreakable commitment to his family? Or is it the way he stands his ground - nay, moves forward -- into the killing zone of the beast, appropriately afraid, but resolved to fight to the last breath for what's right, what's fair, and what's good?

Of course, it's all these things. It's a rare thing when a man measures up on all counts. But, call it luck, call it destiny, call it whatever, I have been honored and blessed to meet such a man, and call him my friend. His name is John Johnson, an ordinary guy who did extraordinary things in his 69 years on this orb.

My friend John died today. And I am sad. I am sad for his family -- Sue, who stood by him, bathed him, fed him, cared for him, made him laugh, held him the way a mother holds a child, and, in the end, against every fiber in her body, had to let him go, had to say goodbye to the only man she's ever loved, the man who had become a part of her like an arm, a leg or a beating heart.

Moments after crashing with

one lap to go at the 2011
Masters National Championships
in Bend, Oregon.

Michael on the right

and his wife Nichole

in the green. Mike and

I have dedicated

our 2012 racing

season to John Johnson.

I am sad for his sons Mike and Ronald. Mike, like his father, is an embodiment of both tenacity and tenderness. When his Dad was diagnosed with mesothelioma back in the summer of 2011, Mike, a bicycle racer, vowed to win the national championships in his Dad's honor. With a lap to go, bad luck struck. Mike crashed, along with his quest to bestow upon his father the coveted Stars and Bars jersey.

On Sunday, Mike and I went for a ride, a hilly ride in North San Diego County. John, after a massive surgery and 28 rounds of radiation, despite his grit to persevere, was getting weaker as the pain ratcheted upward. Mike is not a dramatic guy. He sort of whispered that this ride was for his Dad, sensing, I think, that the end was near, and he needed to appeal to something bigger than himself, to rise above limits, just like his Dad had done the past six months.

Mike felt the spirit, and had the ride of his life, and it was both wonderful and daunting to keep up with such a motivated man on a spiritual mission.

I am sad, but honored. It's not very often that you come across a man like John Johnson. His obit will say he was a US Marine who loved mountain bikes. It will say he married the love of his life, Sue, 46 years ago, and they fathered two fit and robust boys. It will say he was plumber and an auto mechanic who was exposed to asbestos. It will say he was diagnosed with mesothelioma in August of 2011, had two surgeries, was blasted with radiation, and never gave up hope.

John Johnson mountain
biking in Red Rock

Canyon, NV. 2010

I will remember him for these things, yes, but more than that: his capacity to endure pain for the love of his family. We like to say that the recently departed died with dignity and honor, we say these things because we don't know what else to say and it sounds right and reverential. But I am saying John Johnson died with dignity: I know it. With his last dying breath, he spoke truth to power, and found the strength to testify against the companies who poisoned him, who implanted the seeds of the beast that took him from us, who tried to strip their victim of his dignitiy but failed miserably.

When most men, even the strongest, would've retreated, John Johnson advanced, into that machine gun nest, for justice, for his family, for getting the story straight.

On behalf of my partner John Caron, and everyone in my office who were privileged to work with John, we extend our deepest sympathies to Sue, Michael, Nicole, Ronald, Alexa and Noah. We lost a great man, but his legacy of grit with grace will live on, forever.

John Johnson, rest in peace.

Your Friend,

Roger Worthington
January 24, 2012
--------------------------------------------------------------------

On Saturday, January 28, 2012 at 9 a.m. there will be a Memorial Ride honoring John Johnson held at the Cottonwood Valley / Late Night Trailhead at Blue Diamond Rd/NV160 outside of Las Vegas, Nevada.

The ride is sponsored by the The Las Vegas Mountain Bike Group and is open for all level of riders: beginner, intermediate and advanced.

Click here for more details.

Click here to view photos from the ride!

--------------------------------------------------------------------

Honoring our Duty to Treat Veterans with Late Onset War-Related Diseases, Worthingtons donate $100,000 to the Pacific Meso Center

2011-12-16T10:32:00.000-08:00

LOS ANGELES. As we celebrate the end of the war in Iraq, in which nearly 4,500 US soldiers were killed in action, and over 30,000 were injured, we are mindful of our grateful nation’s duty to medically treat our veterans returning home with war-related disabilities.

Donald Thorp

1946-2003

USN 1964-1985

Mesothelioma, 1999

Historically, while our country has offered valuable medical care to veterans with open and obvious physical injuries, it hasn’t done a great job treating or attempting to treat our veterans afflicted with latent onset injuries, such as asbestos-caused malignant mesothelioma.

Today, to honor our country’s surviving veterans, whether from WWII, the Korean War, the Vietnam War, or more recent conflicts, who were exposed to deadly asbestos fibers, but for whom the US Department of Defense has never funded a treatment program, we are proud to donate $100,000 to the Pacific Meso Center (PMC).

The PMC stands alone as the only medical foundation which is dedicated to both basic science and clinical research on therapies for treating patients with mesothelioma. Of the 3,500 Americans diagnosed with mesothelioma annually, about a third of those patients were exposed to asbestos while serving their country in the armed forces or working as civilians in shipyards which built or repaired naval ships. For over 40 years, these service men and women, many of them heroes, have been dying of this horrible disease and this amounts to ten times the number of deaths as the entire Iraqi war!

Clyde Robison, Sr

USN 1956-1960

Mesothelioma, 2007

Regrettably, despite the clear link between mesothelioma, asbestos, and the US Navy, the DOD has never acknowledged it's duty to care for vets with asbestos diseases. The DOD has invested trillions of dollars over the past three decades in equipping our forces with the most sophisticated weaponry in the world, but it has been inexcusably penurious when it comes to funding programs to help prevent, diagnose or treat vets with service connected asbestos disease, such as mesothelioma.

We salute our front line soldiers, as well as all the doctors, nurses, and personnel within our vast network of Veterans Administration hospitals who daily attempt to treat veterans with asbestos diseases, which can take 20-50 years to manifest after initial asbestos exposures.

Thomas Reed

1950-2007

USCG 1969-1973

Mesothelioma, 2006

Unfortunately, within the colossal VA system, treating meso patients is not a priority. Despite an annual budget of over $132 billion (2012), the VA has neither a research nor a treatment program for vets stricken with war-related mesothelioma.

One bright spot on treatment front, however, is the work and energy of Dr. Robert Cameron, a thoracic surgeon at the David Geffen School of Medicine at UCLA, who also serves as the Chief of Thoracic Surgery at the VA Medical Center in West Los Angeles and one of the only mesothelioma experts in the VA Medical System.

Dr. Cameron, a scientific advisor for the Pacific Meso Center, has thankfully taken a leadership role in framing the mission to develop a nationwide treatment program for veterans with mesothelioma.

Dr. Cameron commented "we are preparing to ask the VA to live up to its obligations to provide the best medical care for these veterans suffering from mesothelioma by creating a national center of excellence for both research and treatment at the West Los Angeles VA Medical Center where any veteran from across the country can come and be treated with the most advanced medical treatment available worldwide. We not only can but we must finally do this for our veterans." We applaud his interest in this orphan, underfunded disease.

James Hart

1943-2007

USN 1961-1963

Mesothelioma, 2006

Twenty years ago, when we first began representing veterans with mesothelioma, the lack of a federally funded program was perhaps understandable. But, today, the lack of a program is simply negligent. As my client Donald Thorp, a former Navy officer, said in 2000, "We served our country honorably. I cannot accept that our country has not taken responsibility to serve us."

Dr. Cameron recently lectured a large group of asbestos industry lawyers that despite an annual budget of $5 billion, the National Cancer Institute has never funded research on asbestos cancer commensurate with its incidence. He also noted that three promising therapies -- the IL-4 toxin, cryotherapy and stromal cell immunotherapy -- would each require start up funding of $2-3 million, which is a tiny fraction of the financial investment for chemotherapy drugs.

Can the country afford a few million dollars a year for meso research? Yes. In 2012, our country has budgeted a whopping $1.4 trillion for defense related costs, including $707 billion for the DOD.

We are hopeful that our donation will spur the PMC to continue to champion its campaign to partner with the DOD and DVA in the creation of a mesothelioma research program for our veterans who, long after their honorable discharge, continue to battle with war-related cancer.

Roger and Ann Worthington
December 16, 2011

------------------------------------------------------------------------------------------------------------------

Admiral Elmo Zumwalt

1920-2000

USN 1939-1974

Mesothelioma, 1999

Honoring Admiral Elmo Zumwalt and Remembering the Service Connected Asbestos-Induced Mesothelioma That Killed Him

------------------------------------------------------------------------------------------------------------------

Honoring Admiral Elmo Zumwalt and Remembering the Service Connected Asbestos-Induced Mesothelioma That Killed Him

2011-11-21T10:28:00.000-08:00

[Bath, Maine] Mesothelioma, as we know, does not respect fame, fortune, fitness, beauty or power. It has taken down movie stars (Steve McQueen), athletes (Merlin Olsen), artists (Warren Zevon), politicians (Bruce Vento), and warriors, such as Admiral Elmo Zumwalt.

Back in the late 1990s, when I helped launch the first-ever meso medical research foundation (MARF), Congressman Bruce Vento had just been diagnosed. Although his plate was full, and understandably he was reluctant to let the asbestos cancer shape his legacy, he agreed to serve on MARF’s board of directors. Vento was exposed to asbestos while working construction jobs earlier in his career.

About the same time, Admiral Zumwalt, who served as the Chief Naval Officer from 1970 to 1974, was also diagnosed, and soon after he passed away. Admiral Zumwalt was exposed to asbestos while serving his country on Navy ships. His mesothelioma was truly a “war-related disease.”

I was privileged to meet Congressman Vento, but I never met Admiral Zumwalt. We reached out to the Admiral’s children at the time his condition was made public to ask whether they would be interested in by serving on MARF’s Board. Mouzetta Zumwalt-Weathers agreed.

Branding Meso as a War-Related Disease

In the early days, Mouzetta helped MARF shape it’s research and advocacy agenda. This included the effort to re-define mesothelioma as a “service connected disability” for thousands of asbestos-exposed US Navy Veterans. We hoped the “rebranding” would help persuade Congress and the DOD, in particular, to establish an asbestos cancer research program, much in the same way as it did for Agent Orange injured veterans.

In the early 2000s, there was also an effort in Washington, D.C., led by Senator Patty Murray, to ban asbestos. It was during this mission that I had the honor of meeting retired Lt. Colonel Jim Zumwalt (USMC). Jim gave a passionate speech on the day the bill to ban asbestos was announced, a speech laced with history, poetry, and the call to duty.

Jim Zumwalt became my hero of sorts. Like his father, who was not afraid to shake things up in the pursuit of progress, Jim expressed indignant disbelief that despite knowing about asbestos diseases since the early 1900s, and despite the thousands of warriors and civilians whose lives were cut short by asbestos, the US Government had yet to ban the evil carcinogen.

I'd Share A Fox Hole with this Guy

Jim and Mouzetta Zumwalt

I was at once struck by Jim’s palpable strength, his charismatic leadership and his Homeric honor. I remember thinking at the time that if I was ever thrown into combat I’d like this guy in my fox hole. Over the ensuing years, we exchanged e-mails and I always looked forward to reading his columns. Not only is Jim an amazing orator, the former Marine is an author and journalist who writes muscular and cliché-free columns about some of the unsung yet dire threats facing our national security.

So a few months ago, when Jim invited me to join his family in the “laying of the keel” ceremony for a new class of destroyers named after his father, I lept at the opportunity. I’m certainly not a student of naval warfare. I don't invest in companies who profit handsomely from the military industrial complex. I don’t hob knob with politicians. And Bath, Maine was 3000 miles from home. But both Jim and Mouzetta had volunteered their time and energy to help causes that were near and dear to me, so I felt like it was the least that I could do.

Meso: In Search of a Poster Boy

And, on some level, as an asbestos research advocate, I was curious about whether anyone would mention Admiral Zumwalt’s cause of death. It’s one of those telling details I look for. Every cancer, it seems, has a “poster” boy or girl. Mesothelioma certainly has its celebrities, but for understandable reasons, few survivors, and even fewer of their heirs, are eager to attach their names to something so hideous as mesothelioma. Most of us want to be remembered for how we lived, and the things we accomplished, not how we died, or what killed us.

Did I want, in some selfish way, for my hero Jim Zumwalt to mention how his father died? I’m not sure. General Dynamics printed up a very classy glossy brochure about the Admiral Zumwalt. Inside were headshot pictures of the three surviving Zumwalt children and the deceased fourth and oldest son, Elmo Zumwalt III. Beneath the latter’s photo, the caption read: “A Navy Lieutenant and Vietnam veteran, Elmo died in 1988 as a result of Agent Orange induced cancer.”

There it was, in frank language, the connection between the war, the combatant and the product that took his life. The brochure told us what killed the son, a carcinogenic herbicide used by our forces to defoliate the jungles of Vietnam. But it didn't mention what killed the father and namesake of the new line of sophisticated destroyers -- asbestos products.

Toxic Words?

I listened with rapt attention to the speeches. Would anyone mention asbestos?

Jim delivered a fine speech, telling us that in 2000 when President Clinton decided to name a new line of destroyers after Admiral Zumwalt, the decision was met with stiff resistance. But for the valiant advocacy of a few stalwart officers, according to Jim, it never would’ve happened. Mavericks tend to make enemies.

Mouzetta first thanked the thousands of Bath Iron Works shipyard workers who have been diligently building the revolutionary ship. She then read a letter from President Bill Clinton, who praised the Admiral for championing the civil liberties of all sailors, regardless of their sex, race or creed.

And Ann Zumwalt stepped up to the podium and playfully announced that Daddy always loved her best, adding a welcomed dose of warmth and humor to the solemn affair on such a frigid day. She said hello to her Mom and Dad up above, who “had the best seats in the house.” And, with a dramatic flair, she fittingly put her Dad in a long line of intrepid sailors going back to Odysseus: strong leaders who identified with the hardscrabble, bloody knuckled sea dogs. He was, she said, a "sailor's sailor."

To say that I was moved and amazed by the Zumwalt children is a massive understatement. Their Dad was a giant. It was not a day to grieve. Instead it was a day to celebrate and give thanks to all the many friends and shipmates who remained loyal to their Dad when the bullets flew, as they inevitably did around a man who wasn’t afraid to go toe to toe with stupid traditions.

Neither the children, nor any of three other dignitaries who spoke at the ceremony mentioned asbestos or mesothelioma. I searched the internet the next day and of the 20 or more articles that covered the “laying of the keel” ceremony, not one mentioned what killed Admiral Zumwalt.

Getting it Right

Does this upset me? I’d like to say it doesn’t, as my family and I were honored to be able to witness an important milestone in our nation’s naval history. I met Jim after the ceremony and sincerely congratulated him and his sisters for their moving tribute. I didn't dwell on the "elephant in the room" omission – it was their story, and their ship, and their father, and their moment, not mine.

And, yet, now I admit to feeling a bit uneasy. Admiral Zumwalt was known for telling it like it was. When it was highly unpopular, he took a stand to open up the US Navy to African Americans and to women. He cared about the living conditions of the sailors. He cared about boosting morale. He identified with the sailors and their welfare was important to him. He struck me as the kind of leader who would want to get it right.

Ten years ago I went to Washington DC for a tribute to Congressman Vento, who at the time was being treated for mesothelioma. President Clinton spoke, as did one of the greatest raconteurs of our time, Garrison Keillor. Nobody uttered the word “asbestos” or “mesothelioma,” like the words themselves were toxic.

A few years later Keillor wrote a book and in the book he mentioned meeting Congressman Vento who, he wrote, at the time was being treated for “lung cancer.” Mesothelioma is not lung cancer. I wasn't trying to be picky or pedantic. It wasn’t an “inside baseball” or “gotcha” thing but I felt compelled to write to Keillor. I explained to him that it was “mesothelioma” not “lung cancer” which had stricken the Congressman. The distinction was important, I wrote, because mesothelioma was an orphan, “industrial” disease that nobody wanted to talk about, let alone try to treat or cure.

Garrison Keillor wrote me back, which I thought was honorable in itself. He wrote words to the effect that he lamented his error, and that from what he knew of the man, Bruce would’ve wanted him “to get it right."

What Would the Admiral Want?

The Zumwalts have given much to our country. The admiral and his oldest son were both casualties of war-related injuries. Both Jim and Mouzetta have donated their valuable time and energy in the campaign to ban asbestos and fund meso research. I can see why on a chilly day in the short amount of time allotted they chose not to mention what took their Dad’s life. It's a special honor to have a new class of ships named after your Dad.

And yet, I guess I’m disappointed that nobody, at any time, in any medium, including the media who photographed, filmed and covered the event, attempted to “get it right. “

Roger Worthington with his wife Ann
and daughter Vivian

Crusading for mesothelioma research is an exhausting and thankless mission. I’ll end this account by noting that over a decade since mesothelioma took the lives of great Americans like Congressman Vento and Admiral Zumwalt, we still don’t have a bona fide federally funded asbestos cancer research and treatment program. And, unforgivably, asbestos has not been banned. Progress is slow going. Hope can hold out only so long against the corrosive rust of frustration.

Congress has budgeted around $10 billion for the three Zumwalt destroyers. $10 billion with a "B." Thanks in large part to the advocacy of Admiral Zumwalt, whose own son was dying from cancer caused by chemical exposures, the DOD created a program to help Vietnam Vets suffering from Agent Orange induced cancers.

The history books will remember Admiral Zumwalt as a "sailor's sailor" who dragged the Navy "kicking and screaming" into the 20th Century. My guess, and this is only a guess, as I never met the man, is that the Admiral would’ve been pleased to allocate a slice of that $10 billion budget to fund a federal program to help treat his fellow sailors who were put in harms way by asbestos. He would've wanted to be remembered for making things right.

R. Worthington

11/19/2011

To read more about the laying of the keel of the prototype of the Zumwalt class DDG-1000 guided missile destroyers, see below.

General Dynamics Bath Iron Works Moves 4,000-ton Section of Destroyer "Zumwalt" (DDG 1000). Oct. 27, 2011 Click here

Ceremony at BIW marks a milestone for Zumwalt. Nov. 18, 2011 Click here

General Dynamics Bath Iron Works Lays Keel of DDG 1000, First Zumwalt-class Destroyer. Nov. 18, 2011 Click here

Milestone marked in Maine on stealthy destroyer. Nov. 18, 2011 Click here

Dr. Cameron to Asbestos Defendants: Do the Right Thing, Fund Research, Help Us Clean up Your Mess

2011-11-14T08:51:00.000-08:00

[Las Vegas, NV] Sometimes you just gotta throw it out there, even though the cards are totally stacked against you.

Asbestos litigation has raged on for about 50 years. The asbestos companies have spent billions to defend and settle lawsuits. Hundreds of millions have been spent on concocting junk science to prove that asbestos is as benign as mother’s milk. But nary a penny has been invested in finding a cure.

On the medical front, nobody can say with a straight face that in the last 30 years there have been any significant advances in extending the life of mesothelioma patients. Yes, we can talk all day about multi-modal therapies, whether EPP is rational or not,or whether there’s any proven benefit of pursuing chemotherapy versus doing nothing at all.

We’re the richest nation on Earth. Some may argue that when it comes to matters of science, engineering, medicine and even justice we’re the smartest nation on Earth.

But the fact remains that when it comes to extending the survival of mesothelioma patients, we’re barely out of the Dark Ages. It’s not for a lack of money – the asbestos industry, the government, the drug companies, and the insurance companies over the years have had access to trillions of dollars.

And it’s not for the lack of plausible ideas despite the lack of actual public and private funding of research to treat meso patients, there have always been reasonable theories to convert meso from an always fatal cancer to a treatable chronic disease.

What’s lacking? Simple. There’s been a lack of will. A failure to take ownership of the problem, a denial of the problem, and a refusal to truly marshal the resources to solve it.

It was against this historical backdrop of pessimism, nihilism, and willful indifference, in a place where reasonable men and women eagerly sojourn to test their luck against impossible odds, that a little bit of history was made.

The Defense Research Institute, the self proclaimed “voice of the corporate defense bar,” to its credit, invited a doctor who treats meso patients to come talk to the nation’s top defense lawyers about ways to extend the survival of meso patients.

The doctor? Dr. Robert Cameron, a thoracic surgeon renown for putting the interests of his patients above any other financial or academic or ego driven agenda. If you’ve read any of this website you know that when it comes to making choices about treatment options we regard Dr. Cameron as the cool calm voice of reason in a stormy sea of hype, bad science and balderdash.

To that esteemed audience, an audience to which it can reasonably be asked – why would you care about extending the life of patients who are seeking big damages against your corporatate clients? -- Dr. Cameron let it all hang out. Nothing slick. Nothing pre-packaged. Nothing designed to make you feel good.

His message was simple: we haven’t advanced much on the medical front, but we do have promising ideas to tame this tumor. The government has never funded research proportionate to its incidence, impact or responsibility, and corporate America has even done less. Dr. Cameron was excited – I repeat, he said he was “excited” about several potential therapies but at the same time ‘frustrated’ that despite their promise he’s never been able to put them to work on account there’s been no money to fund them.

And these promising research projects don't carry Hoover Dam sized price tags. Dr. Cameron said that research and trials for the IL-4 toxin, cryotherapy (which he’s already using successfully to freeze out tumors that recur post surgery) and stromal cell manipulation could be underwritten for about $2-3 million each, a drop in the bucket when you consider the size of the NCI cancer budget ($5 billion a year) and the wealth of the corporate defendants (hundreds of billions).

Obviously Dr. Cameron was pitching to a tough crowd. The asbestos defendants have paid out billions in settlements. About 40 companies have filed chapter 11. The only asbestos company to ever fund medical research, Owens Corning, filed Chapter 11. Another, WR Grace, pledged to fund research but alas also sought bankruptcy protection. Dr.Cameron could hardly point to any empirical evidence that funding research to clean up the asbestos mess was a sure fire way to drive up a company’s stock price.

So why would an asbestos defendant want to contribute to medical research? Dr. Cameron offered an analogy. In medicine, mistakes are common place. Sponges get left in the human body. An organ gets nicked. A vessel gets cut. Accidents happen. But doctors don't always get sued when they make a mistake. Instead, the doctors who fess up immediately, who speak directly to their patients about what went wrong and why, and own up to their error, usually don’t get sued, because their patients still trust them. It’s the doctors who try to cover up their mistake that get called onto the carpet. It’s usually not the negligence, it's the attempt to cover it up, that gets folks in trouble.

Dr. Cameron humbly admitted that he was not a testifying expert and he did not pretend to know if there were any ramifications regarding liability. But, he suggested, virtue is its own reward. Money invested in converting meso from a fatal to a treatable disease would not only engender public goodwill, but it could also perhaps limit damages, as successful patients could die from what all of us hope to die from – old age.

Did it work? Were the lions tamed? Will corporate America step up? When Dr. Cameron finished his earnest speech, going down in history as the first treating doctor to ever ask the asbestos defense (an audience he described as “the top 1% of America’s brain power”) for their help in coming up with funding strategies, the moderator thanked the good doctor for his passion but, on the question of will they or wont they, said: “Never gonna happen.”

R.Worthington

11/14/11

VW Gone Buggy

2011-10-24T09:12:00.000-07:00

I grew up adoring Herbie the Love Bug. Herbie was the odd-car out. Short, stubby, and, next to the Camaros and Firebirds and Chargers, wimpy. But Herbie had a heart of gold. Despite it’s undersized engine and buggish shell it managed to overcome and win not only the race but our hearts and minds.

My pre-adolescent adoration spread to Volkswagen in general, who artfully played to the counterculture crowd in the 1960s. Their VW bus actually became a symbol of the freedom-loving hippy generation. The VW became part of a costume – you wore the Bug or Bus like you would love beads, tie-dye, peace symbols, sandals, a doobie and an acoustic guitar.

I didn't learn until many years later about how the VW "love bug" sprang up during pre World War II Nazi Germany. On reflection, it made sense for VW to reject orthodoxy and embrace the free-loving, free-speaking ways of America’s “flower children.” Which car company would want to be associated with the goose-stepping, iron crossed Wehrmacht?

So imagine my surprise when recently Volkswagen knocked the dust off its old playbook and used an arm of the government to trample all over our cherished freedom of speech.

It went like this. Simona Farrise, a tenacious litigator and fierce defender of the justice system, was engaged in a heated trial with VW, Ford Motors, Nissan and a few others. Her client, Richard Steiner, was dying of lung cancer caused by exposure to asbestos.

The defense had already taken over 50 depositions and spent millions of dollars during discovery, but that wasn't enough. VW asked the Court to order the Farrise Firm to take down portions of their website. The pages in question dealt with attorney Farrise’s verdicts against other asbestos brake manufacturers in other cases dealing with other diseases.

The Court, regrettably, not only acquiesced, but went further. The Court ordered attorney Farrise to take down her entire website. Whoa Nellie! Isnt that a bit extreme, especially in a freedom loving country like the US of A? I mean, haven’t good men and women died for our right of free speech? Don't’ we decide in this country to encourage unfettered, unlimited speech and decide later if a line was crossed that warrants punishment?

It gets weirder. The Court had already admonished the jurors not to “google the lawyers” or do any of their own research. And we all know that jurors who violate such admonishments are subject to fines or jail for contempt. Neither VW, Ford nor any other defense counsel offered any evidence that particular jurors either had or surely would violate the “gag” rule.

Added to which there was nothing on said website that rose to the level of false, inflammatory or prejudicial misinformation. Attorney Farrise had simply posted her verdicts in other friction cases. The truth. The facts. Nothing defamatory. When did telling the truth become…illegal?

Nonetheless, the Court ordered Farrise to take down its website for the duration of the trial, which was slated to last 6-7 weeks. It must be said that the defense lawyers were not ordered to take down their websites. Nor was Volkswagen or Ford ordered to take down any of it’s websites.

So where are we? The matter is now before the Supreme Court of California. This should be a no-brainer. Even a big lummox like Walter Sobchak in “The Big Lebowski” knew that “the Supreme Court has roundly rejected prior restraint…” Strategically, VW might rejoice that they trampled on the rights of the Farrise firm. Good for you. A rag- around that stomach punches a plaintiff lawyer is, after all, a "win."

But there’s a larger sin here. VW, like so many tyrants before, hate a justice system in which common folks are allowed to decide the fate of … tyrants. VW implored the Court to force a plaintiffs firm to take down a truthful website without a shred of evidence or even suspicion of juror misconduct. In so doing VW exposed a cynical and hostile presumption that jurors qua jurors are untrustworthy, dishonest, and rogue.

Shame on VW! Shame on the Court for blessing such contemptible nonsense. And high fives to Simona Farrise for taking this fight to the Supreme Court of California, which should, as Professor Sobchack pounded home, "roundly reject" this nasty display of prior restraint. If the lovable Herbie knew what its brutish parent was doing today it would blow a gasket.

RGW
10/24/11

"Has the whole world gone crazy?

Am I the only one around here who gives a sh** about the rules?!"

Postnotes:

Ford joined in VW's motion to restrain speech.

The inflammatory content that VW and Ford wanted to suppress on the Farrise Firm's website mentioned a verdict against Ford in two prior meso cases. Obscene, defamatory, riot inciting hate speech? You decide.

Tour Des Chutes Raises Over $90,000 for Cancer Survivorship

2011-07-18T07:26:00.000-07:00

Bend, Or. The Punch Worthington Lab is pleased to have helped the 7th Annual Tour Des Chutes raise over $90,000 for cancer survivorship programs in Central Oregon.

Chris Horner, L, and Roger Worthington, R,

enjoying their moment in the sun at

the 2011 Tour Des Chutes in Bend, Oregon.

Over 1,100 riders, a record, participated in the fun ride, which offered routes between 7 and 100 miles between Bend, Oregon and the Cascade Range. In it's 7th year, the TdC raised over $90,000, another record. Since 2006, the TdC has donated over $430,000 to cancer survivorship programs, including the Livestrong Foundation.

"This was the best year ever, " beamed Roger Worthington, who has emceed the post-race party the last 5 years. "The live music was awesome, the food was delicious, the crowd was animated, the speakers were inspiring and it didn't rain the entire time."

The Punch Worthington Lab, in honor of Dave "Punch" Worthington, a rugged Oregonian crabber and bow hunter who passed away from asbestos cancer in 2006, is affiliated with the Pacific Heart Lung and Blood Institute, a 501(c)(3) medical foundation in Los Angeles. PHLBI dedicated the Punch Worthington Lab at UCLA Medical School in 2005.

The Tour Des Chutes is a non-profit, all volunteer charity which holds an annual fun ride, the net proceeds of which are donated to cancer survivorship programs in Central Oregon. The TdC is the brainchild of Gary Bonacker, diagnosed with inoperable brain cancer five years ago, and is still smiling and looking stronger than ever.

Punch Worthington

A highlight of the extraordinary day of fun, hope, gratitude, cycling and music was a cameo appearance by local hero Chris Horner, who recently crashed out of the Tour De France. Horner was predicted by insiders to be a podium contender, at the ripe young age of 39. Horner will be hosting the Cascade Gran Fondo in Bend on August 18-20, a multi-day series of rides, lectures and parties, the proceeds of which will benefit local cancer research and advocacy programs.

Horner suffered a mild concussion after crashing in France. Worthington jokingly asked him if he recalled their conversation the morning of the crash in which he promised Worthington a spot on the Radio Shack's team bus for next years Tour Des France. Horner, a seasoned and charismatic speaker, didn't miss a beat: "Actually that was the only thing I remembered from that day."

The Punch Worthington Lab has been a yellow jersey sponsor of the TdC the past 5 years and has enjoyed helping the event grow into one of the most prestigious, fun and successful cancer fundraising events in Oregon. The ride registration filled up early this year and the TdC was forced to turn away willing participants, always a tough thing to do by a non-profit. Next year the TdC hopes to raise the ceiling on its registration and expand the venue, but just in case a reminder to sign up early!

Thrive!

Roger Worthington

International Panel of Medical Specialists Convene for First-Ever Medical Symposium Dedicated to Lung-Sparing Therapies for Patients With Malignant Pleural Mesothelioma

2011-06-16T07:58:00.000-07:00

The UCLA Mesothelioma Research Program, in conjunction with the Pacific Meso Center, held the 1st International Symposium on Lung-Sparing Therapies for Malignant Pleural Mesothelioma on May 21 in Santa Monica, California. The Law Office of Roger Worthington was proud to co-sponsor this first-ever medical seminar focusing on treatment options for patients with pleural mesothelioma.

In recent years, a growing number of the world’s top mesothelioma experts have questioned the value of a radical surgical procedure known as extrapleural pneumonectomy, or EPP, which involves removal of the pleura-based tumor along with the adjacent lung, lymph nodes, portions of the pericardium and the diaphragm. Despite a 60 percent complication rate, the radical surgery continues to be advocated by a number of leading mesothelioma specialists, including Dr. David Sugarbaker of Brigham and Women’s Hospital/Dana Farber Cancer Institute in Boston.

(left - right) Mr. David Waller, MD, Mr. Tom Treasure, MD and

Dr. Robert Cameron, MD

Led by Dr. Robert Cameron, Director of the UCLA Mesothelioma Research Program and Chief of Thoracic Surgery at the West Los Angeles Veterans’ Administration Medical Center, a wide range of medical specialists reviewed information from a variety of U.S. centers as well as from the recently concluded Mesothelioma And Radical Surgery (MARS) trial from the U.K. The results of this randomized clinical trial were presented by English surgeons, Tom Treasure and David Waller, and clearly demonstrated that radical removal of the lung through EPP holds no advantage over alternative, less radical, lung-sparing therapies.

In a press release issued by the Pacific Meso Center, where Dr. Cameron serves as Scientific Advisor, he commented that, “The information presented at this Symposium makes an incredibly strong statement that surgical removal of the lung for treatment of malignant pleural mesothelioma should no longer be performed anywhere in the world, just like it has been abandoned already in the U.K." Dr. Cameron went on to say that, "Although it's usually hard to get physicians to agree on anything, there was unanimous agreement by the end of the conference that lung-sparing pleurectomy was the preferred surgical procedure if surgery was to be used at all."

The distinguished faculty at this landmark meeting also addressed the role of non-surgical therapies such as cryo and radio frequency ablation, radiation, chemotherapy, immunotherapy, gene therapy and promising future therapies. Dr. Cameron and others described how some of these therapies can be used in the model of treating mesothelioma as a chronic disease once the tumor has been removed through lung-sparing surgery.

Terry and Maryla Latham

One such adjuvant therapy that has only recently been utilized for pleural mesothelioma is cryoablation. UCLA Radiologist Dr. Fereidoun Abtin explained that cryoablation is an outpatient procedure in which compressed argon and helium gas is delivered through 3 mm probes inserted into a tumor to essentially freeze the tumor cells. It can be determined in a matter of a few weeks whether the procedure is successful and, because it is an outpatient treatment with a low incidence of pain, it can be performed many times over a relatively short period. UCLA Medical Center is currently the only institute where cryoablation is being used to treat mesothelioma.

The Symposium also featured a touching presentation from Geraldine Lepore about living with mesothelioma from a family’s perspective, as well as an inspirational speech from mesothelioma survivor Terrence Latham who underwent a lung-sparing pleurectomy in 2010 and credits Dr. Cameron for saving his life.

The Pacific Meso Center plans to release videos of many of the Symposium presentations on its website www.pacificmesocenter.org in the coming weeks.

“Ored to Death” – The Daily Show Takes on the Canadian Asbestos Industry

2011-05-14T06:11:00.000-07:00

In a recent blog we addressed efforts on the part of mining interests, with support from the Canadian government, to re-open the world’s largest asbestos mine in the city of Asbestos, Quebec. Although the sale of asbestos is prohibited in Canada, the consortium plans to sell the deadly fiber to India and other developing countries.

This story also caught the attention of Comedy Central Network’s “Daily Show”, hosted by Jon Stewart. In this segment which aired on May 12, correspondent Asif Mandvi visits the town of Asbestos and interviews mine and city officials who ridiculously adhere to the position that the chrysotile fiber removed from the mine is “relatively” safe despite the weight of scientific evidence to the contrary.

Mandvi manages to maintain his comedic shtick during an interview with mine owner Bernard Coulumbe up to the point where Mr. Coulumbe states that it’s ok to sell asbestos to India because “they are used to pollution.” At which point Mandvi, who is Indian, breaks character and exclaims: “that’s really f***ed up…selling them things that are going to kill them…that’s my family over there!”

Marilyn Bertrand

The callous statements from the Canadian mine and city officials interviewed by Mandvi remind us of a 1998 exchange between Roger Worthington and University of Quebec Occupational Hygienist, Dr. Bruce Case. The exchange was precipitated by an article “The Serpent in the Rock” authored by Mr. Worthington about a woman named Marilyn Bertrand who was diagnosed with mesothelioma at the age of 42. Marilyn recalled sleeping with a “furry” asbestos rock that she would snuggle with in her bed at night as a child. The asbestos rock was given to her by her brother who worked at a Quebec asbestos mine.

In response to the article, Dr. Chase felt compelled to send Mr. Worthington a letter defending the Quebec asbestos mines from what he termed “false allegations” concerning the link between mesothelioma and the chrysotile fiber mined from the Quebec asbestos mines. Dr. Chase went so far as to warn Mr. Worthington: “I strongly suggest, for your own protection, that you remove this page from your site.” Click here to see the full dialogue, which includes Mr. Worthington’s recounting of the history of U.S. and Canadian asbestos companies’ efforts to cover up and suppress medical data on the health dangers of asbestos.

We applaud Assif Mandvi and the Daily Show for bringing public attention to the latest chapter in the Canadian asbestos industry’s deadly charade.

Inspired by Cancer Thrivers, BfC Digs Deep Into the Happy Hurt Locker, Wins the Dana Point Grand Prix

2011-05-04T09:19:00.000-07:00

Dana Point, CA. They've done it again. Another clean sweep of the podium by the Breakaway from Cancer masters racing team, but this time, it was personal.

A Clean Sweep.
Roger Worthington, Steve Strickler
and Thurlow Rogers

"I had a chance to meet this young boy Tyler Cordova before the race," said Steve Strickler, beaming with pride after winning a hard-fought race.. "He had this big smile on his face. He told me had had over 10 surgeries but recently he got some very good news -- that his Non-Hodgkin's lymphoma was in remission. I was so happy that he was so happy that I was a chin quiver away from bursting out with tears of joy. "

"In the race I kept thinking how lucky I was to have the privilege of being able to suffer on my terms. To win a big race, you have to want to go deep into that hurt locker if you want to come out the winner. It's ironic, but to do your best you have to be ready put your body through the ringer -- pain is simply the price winners have to pay," Strickler explained, struggling for the words. "My suffering was nothing compared to what this young champion Tyler has had to endure - that ugly, involuntary, stupid pain that only seems to beget more pain, with no reward. I kept telling myself that young Tyler would love to have the chance to experience that good kind of cathartic suffering."

Just as it took a team of front line doctors, benchwork scientists, caregivers, drug companies, friends and especially family to give 10 year old Tyler a fighting chance to break away from Cancer, it took a team effort to launch Strickler to victory. From the gun, BfC took control of the race, attacking repeatedly in the effort to wear down the field. When the peloton began stretching thin, BfC teammates Thurlow Rogers and Strickler sensed the moment and busted off the front, gaining a quick ten second advantage.

The peloton winding through
downtown Dana Point on
an idyllic Sunday afternoon

Every racer dreams of breaking away, just as every cancer patient dreams of breaking clear of cancer's ugly grip. But for a breakaway to succeed, it takes a combination of team tactics, individual grit, and luck. Strickler and Rogers, a 1984 Olympian, began working in tandem off the front, expertly shaving the corners and efficiently taking turns at the point in the wind.

Meanwhile, in the peloton, the BfC boys were stuffing the corners, chasing down bridge attempts, and stifling fledgling efforts by the other teams to mount a serious chase. Finally, with three laps remaining in the six turn, .9 mile course in beautiful downtown Dana Point, the peloton accepted its fate that on this day this breakaway was just too strong and too motivated. They conceded and turned their attention to winning the field sprint for third.

Up the road, as Strickler and Thurlow ramped down the home stretch to the finish line, the only question among these two long time friends and warriors was who was going to get the win. Each magnanimously braked for the other but in a "photo finish" the camera gave Strickler the edge. When a team races together as a team, each member gets to share the glory.

Roger Worthington on the
point of the spear

Teammate Roger Worthington, too, found motivation in the heroic pursuit for more life by those courageous men and women stricken with cancer. The previous night, the Pacific Meso Center and Amgen's Breakaway from Cancer sponsored a fundraiser for cancer research and awareness. Several mesothelioma patients, although hurting, overcame the pain and inconvenience to travel to the Dana Point Yacht Club to support the noble cause. Worthington was moved by the resiliency, faith, hope and optimism of these brave souls for whom quitting was never an option.

Worthington attacked with two turns to go and rode in for third, completing the clean sweep by Breakaway from Cancer. The entire Breakaway from Cancer team dedicated the win to Tyler Cordova and mesothelioma survivors Terry Latham (Dana Point), Jacob Jager (San Clemente), Bob Vitale (Palos Verdes), Geno Stirone (Mission Viejo), David Theobold and Nasseem Faraq.

The BfC masters racing team wishes to thank Amgen, the City of Dana Point and the Pacific Meso Center for putting on a wonderful weekend. The highlight of day, however, was not winning the race. Instead, it was walking in solidarity with young Tyler as well as several mesothelioma patients down the home stretch across the finish line as thousands of fans cheered in support. For the record, Strickler, who walked with the survivors, did not let Tyler cross the finish line in first -- our young hero gutted up and took it!

5/4/2011

PS. We're still counting, but so far it looks like the Breakaway from Cancer gala raised just south of $50,000 for the evening. Thank you! Trickle down philanthropy is alive and well in Dana Point! Heartwarming to note that the biggest donors were cancer survivors and family members.

Clare Cameron (Pacific Meso Center), Holly Cordova,
Tyler Cordova, Dana Point Mayor Scott Schoeffel and
Nurse Practitioner Anne Rorie

Beware of Deceptive Marketing Tactics Targeting Military Veterans

2011-05-01T10:48:00.000-07:00

We have previously commented on the lengths to which many law firms are willing to go to reach the 2,500 or so Americans who are diagnosed with mesothelioma in an article entitled “Beware of Madison Avenue Meso Lawyers”. In the article, we focused on the massive advertising budgets of certain firms, some in excess of $10 million, which have resulted in the airwaves being flooded with incessant commercials. Recently, we have noticed an even more disturbing effort in which firms are using deceptive tactics targeting mesothelioma patients who served in the U.S. military.

Statistics show that about 30% of mesothelioma patients in the U.S. were exposed to asbestos while serving in military, primarily in the Navy. In an effort to induce these newly diagnosed patients to contact them, many firms are engaging in tactics that prey upon the vulnerable veterans' sense of brotherhood with fellow veterans and the need for financial and medical resources to fight their disease.

The Classic “Bait and Switch”

One of the tactics involves law firms which run ads or maintain websites on behalf of what appear to be veterans’ assistance agencies. While the ads or websites are filled with pictures of American flags, Navy ships and service men and women in uniform, conspicuously absent is the name or any reference to the law firm underwriting the marketing effort. The ruse would have the veteran believe that the so-called agency is aligned with, if not part of, the Veterans’ Administration itself.

The “agencies” offer free resources to military veterans diagnosed with mesothelioma. The resources commonly include assistance submitting claims for VA benefits. It isn’t until an unsuspecting patient contacts the “agency” that its “true colors” are revealed.

Patients who either call or submit a “free resources” request are quickly referred to an attorney at the law firm responsible for the ad or website. While the attorney may pay lip service to the patient’s interest in submitting a claim for VA benefits (which, as discussed below, does not require an attorney), the focus soon turns to getting the patient to hire the law firm to file a personal injury lawsuit. If the patient doesn’t immediately sign with the firm, which could be located across the country from the patient’s home, the firm will often hound the patient with non-stop phone calls until the patient finally relents.

“I Love a Man in a Uniform”

Another tactic involves law firms hiring retired military officers to make their firm more appealable to military veterans diagnosed with mesothelioma. The retired officers are not attorneys and therefore do not work on client cases (there are laws against non-attorneys practicing law). Accordingly, the involvement of the retired officers is typically limited to what can only be described as “client acquisition” functions.

Some firms promote the availability of their on-staff retired officers, complete with pictures of the officers in their dress blues or whites, to answer questions about benefits available to veterans diagnosed with mesothelioma. However, once a patient calls or submits an information request form, the conversation inevitably turns to getting the patient to hire the law firm to handle a personal injury lawsuit, followed by non-stop phone calls from the firm.

Some law firms have resorted to using their on-staff retired officers as “closers,” sending the officers out to meet with veterans who have contacted the firm. The marketing strategy is simple – the firm is betting that, in the tradition of esprit de corp, the veteran will more likely bond with and trust a fellow serviceman than an attorney. The gambit also has the advantage of promoting the perception that a firm that employs a polished retired officer is somehow uniquely qualified to handle a military veteran’s case. Typically, it is not until weeks or months after the firm is hired that the client learns that the retired officer, who is not an attorney, will not be working on their case.

Veterans’ Legal Rights

Central to the success of the deceptive marketing tactics targeting veterans is the perception that persons exposed to asbestos in the military possess legal rights which are substantially different than those possessed by non-veterans. This simply isn’t true.

All asbestos injury cases involve claims against the manufacturers and suppliers of asbestos products. Claims against solvent entities must be brought in state or federal court, and claims against bankrupt entities must be submitted to the asbestos bankruptcy trust for those entities that have them. Persons who were exposed to asbestos while serving in the military do not have the right to bring a lawsuit against the military or the federal government. Accordingly, the “legal” rights of persons with asbestos illness who were exposed in the military are no different than those who were exposed outside the military.

While it is true that persons exposed in the military have the right to apply for VA benefits, it should be understood that a claim for VA benefits is completely separate from a lawsuit. It involves the submission of forms to the VA. The forms are designed to be completed without the assistance of an attorney and, in fact, the vast majority of veterans complete the forms without attorney assistance. The amount of benefits are based entirely on VA guidelines – there is little or no room for negotiation. While it’s true that every penny counts, the amount of recoverable VA benefits pales dramatically in comparison to the amount that can be recovered in a personal injury lawsuit.

There’s No Substitute For Experience

Offers of "free" assistance with claims for VA benefits and the presence of on-staff retired military officers can be very seductive to a veteran recently diagnosed with mesothelioma. However, neither of these hallow offerings do much if anything to address what a newly diagnosed patient really needs.

Second only to prompt access to the most promising medical treatment is a patient’s need for prompt recovery of financial resources to cover the extraordinary medical and non-medical costs of fighting mesothelioma. Assistance with VA forms which patients can complete on their own, and the presence of retired non-attorney military officers who do not work on the actual lawsuits which are by far the greatest source of financial recovery, do little to address this need.

A mesothelioma patient’s financial needs are best served by a personal injury lawsuit handled by experienced asbestos attorneys with a proven track record of prompt and successful recoveries for their clients.

Can you be sure that law firms hiding behind deceptive so-called veterans’ assistance agencies or retired non-attorney military officers have this experience?

The Worthington Firm’s Experience Representing Military Veterans

For the past 20 years, the Worthington Law Firm has dedicated its practice to the representation of mesothelioma victims. Over this time, we have represented hundreds of veterans. In fact, approximately 50% of our clients were exposed to asbestos while serving in the military, most often the Navy. The recoveries for our military clients have consistently been among the largest in the country.

Our success in Navy cases is based in large part on the knowledge we have acquired over the years regarding Navy ships, when their hulls were laid down, when they launched for button-down cruises, where they ported or dry-docked for overhauls and conversions, and the identity and operation of the pumps, valves, turbines, boilers, catapults, heat exchangers etc. that were used on them.

Attorney Roger Worthington has been a long-time advocate for military veterans stricken with asbestos disease and has written frequently on the topic.

A Salute to Navy Veterans With Asbestos Cancer (2/2009)

Navy Veterans Heavily Exposed to Asbestos on Ships, but Bail Out Bill Undermines Right to Fair Compensation (7/2006)

Serving Navy Veterans with Asbestos Cancer through Congressionally Directed Medical Research Program (10/2004)

For the Sake of Our Heroes -- A Mesothelioma Medical Research Program

Recommendation for a National Mesothelioma Research and Treatment Program - Description and Legislative Language (3/2004)

MARF Advocates Creation of CDMRP for Mesothelioma Through DOD and DVA (2004-2005)

Asbestos Victim Protest Letters (2003-2005)

Mr. Worthington is also very proud to have received the following endorsement from Lt. Col. James Zumwalt, USMCR, whose father Admiral Elmo Zumwalt, Jr., died from mesothelioma in January 2000:

"There is nothing so devastating as hearing the diagnosis a loved one has meso. It is at such a time a family needs guidance not only on legal issues but, more importantly, on methods of treatment. Because Roger Worthington has witnessed firsthand the suffering of mesothelioma victims, he established and funded MARF--a foundation focusing on finding a cure for this deadly disease. This has resulted in MARF attracting some of the most experienced medical authorities in mesothelioma treatment. I know of no other lawyer in America who funds a foundation on his own which, if successful, would minimize his potential client base. But Roger recognized a responsibility to mesothelioma victims that transcended the courtroom. As such, while he is an extraordinary advocate for clients throughout the litigation process, he has also become an extraordinary advocate, on behalf of all mesothelioma victims, within the halls of Congress as he has sought federal funding for R&D to find an ultimate cure for meso. No client could ask more of a legal advocate."

The Worthington Firm believes that America’s military veterans deserve our utmost gratitude and respect for their selfless service to their country. Veterans who contract mesothelioma were never privy to the information which asbestos companies knew about the deadly consequences of exposure to dust from the products they supplied to the military. This, in and of itself, was a tremendous betrayal of the trust and respect owed to our veterans. We find that the deceptive marketing tactics which some law firms are now using to target veterans with mesothelioma simply add insult to this injury.

John Caron

May 1, 2011

68 Year-Old Larry Melendrez: This Win’s for You!

2011-04-11T15:01:00.000-07:00

Aron Gadhia (l) and Richard Meeker
winning at Redlands

Breakaway From Cancer again swept the podium at the legendary Redlands Classic criterium and dedicated the big win to a big man who could use a big boost right now – Larry Melendrez, a 68 year-old retired machinist who has malignant peritoneal mesothelioma.

Larry and Mary Melendrez, who have been married 46 years and live in La Mirada, California were living the good life until the recent cancer diagnosis. Larry was a standout high school football player. He loved football so much that when his Catholic prep school dropped it’s program in his sophomore year, Larry transferred to Bishop Cantwell High in Montebello and happily rode the city bus each day over one hour each way.

Larry Melendrez

Four decades later, years after watching his own boys play, Larry is still driving to nearby high schools with a buddy to support the local football and baseball prepsters.He’s a devoted Notre Dame Golden Domer and Angels fan. His dedication to sports is second only to his loving devotion to his wife, family and church. After spending 25 years working as a foreman in a pipe company, he had “retired” to doing “handy man” chores at his church for the past decade.

His mesothelioma diagnosis knocked him down but with the help of his family Larry got up. He was planning on aggressive treatments that included surgery and chemotherapy. Unfortunately, Larry recently learned that his mesothelioma tumor had spread to the point that surgery was no longer an option.

Winner's Podium
(l to r) Aron Gadhia,
Richard Meeker and
Steve Strickler

This will be a rough time for Larry and his family. Breakaway from Cancer, which learned of Larry’s plight before the race, dedicated the race to Mr. Melendrez. “The guys were fired up, “ said Steve Strickler. “We knew Larry was hurting. We wanted to go the extra mile to win this race for the Melendrez family.”

With a lap to go in the 25 lap race on the .8 mile, 5 turn course, BfC charged to the front. Strickler dove down the backside with teammates Richard Meeker and Aron Gadhia on his wheel. Out of the final turn Gadhia and Meeker slungshot off of Strickler’s wheel and ramped the final sprint for a 1-2 finish. A very fired up Strickler put off the pain long enough to cross the line in 3rd place – an amazing feat for a lead out man.

“We love the strategy, speed, skill and teamwork it takes to win a bike race, “said a jubilant Richard Meeker. “But not for a moment do we think winning a bike race is anywhere near as hard as breaking away from cancer. We know the road ahead for Larry Melendrez will be uphill and full of hazards. We hope our little win will help boost their morale as they soldier on.”

4/10/11

Breakaway from Cancer Masters Team is sponsored by Amgen, UBS, the Pacific Meso Center, Sierra Nevada Brewing Company and others. For more information about the Breakaway from Cancer/UBS/PMC elite masters team, click here

The Melendrez Family

70 Year-Old Terry Latham: A Life Spent Beating Bullies with Strength, Honor and Kindness. Dana Point, CA

2011-03-22T09:58:00.000-07:00

As a teen in Oxfordshire, England, 70 year-old Terry Latham excelled in sports. “I was tall and tough,” he recalls with a grin. “I played rugby. I was fast. I set all kinds of records. Looking back, sports saved me.”

From 1948 to 1959, Terry lived and attended school at the Kingham Hill School Orphanage, a place that valued basic survival skills. He both avoided and ended many a scrape, thanks in part to his strength and cunning. He learned that bullys were simply cowards with brawn and once he overcame his fears they were just another bump in the road.

Since childhood Terry has honed his mind and body to deal with external threats. Through his 60s and 70s, he continued to exercise with near religious devotion. Recently, Terry was introduced to a bully of another kind. One not so easy to duck, dodge or knock down.

On March 22, 2010, with a simple, yet profound, “I’m sorry” from his pulmonologist, Terry and his lovely wife, Mary, were told that he had malignant pleural mesothelioma. What began as an annoying cough worsened until it was affecting him all the time, “I sing deeply (and “beautifully” added Mary!), but started coughing on the high notes,” explained Terry. “I began feeling a lot of pressure in my chest.” Click here for the rest of the story.

Breakaway From Cancer Masters Team Honors Eugene Stirone of Mission Viejo, CA: Never Give Up!

2011-03-18T01:22:00.000-07:00

Murietta, CA. After a rough start, the Breakaway from Cancer (BfC) Masters Bike Racing team rallied on the third and final stage of the 2011 Tour De Murrieta to sweep the top three podium spots.

The fired-up team dedicated the hard fought sweep to charismatic cancer survivor Eugene “Gene” Stirone, age 69, of Mission Viejo, California. Gene's story is compelling. In 2008, he overcame late stage prostrate cancer and just when he thought he was home free he was diagnosed with malignant mesothelioma, a rare cancer of the lung linings caused by asbestos.

Gene, a US Navy Veteran, took the bad news in stride. He was advised that mesothelioma was incurable, but he had heard that before from his prostate doctors. He bore down and got busy finding the best doctor while not forgetting to do his part to enjoy each precious moment of his otherwise wonderful life.

Gene consulted with three surgeons: two wanted to amputate his lung, the other wanted to leave it be and focus on stripping out the visible tumor surrounding his lung. Gene chose to keep his lung and hired the doctor who erred on keeping a vital and perfectly health organ in place – Dr. Robert Cameron of UCLA Medical School.

After a successful surgery, followed by aggressive radiation and interferon treatments, Gene returned to the gym where he worked out with weights. He rode his bike to the beach, played golf, sailed and enjoyed his daily walks. Unfortunately, just when his future looked brightest, of all things, his prostrate cancer reared it’s ugly head.

Gene again took the bad news in stride. He had his son by side and his sense of humor in tact. Gene describes his 26 year old son Vince as his "best friend." Vince plays in a rock band and, as Gene proudly reports, he’s even able to help pay the bills around the house. Inspired by Vince’s "live your dreams" example, Gene recently took up piano lessons, which he credits for soothing his soul and getting his mind off of his increasing discomfort.

After the first stage of the Tour de Murrieta, BfC’s Richard Meeker was tops on the leader board, while mates Thurlow Rogers and Roger Worthington were 6th and 7th. Meeker spent the next two days launching, attacking, bridging, blocking, decoying and all but cradling Rogers and Worthington.

It was a total team effort,” said Meeker, many times a masters national champion. “I knew after the time trial I had excellent form. The goal was not simply for me to win but for our team to sweep the podium. That’s what a team’s all about – a combination of focused individual effort and cunning team work.”

Meeker helped Thurlow win the criterium in a breakaway and in the circuit race, Meeker, Thurlow, Steve Strickler, Malcolm Hill and Peter Sullivan stymied all chase groups so that Worthington could could escape off the front for the win, which helped him leapfrog into 3rd place overall.

"We never gave up," said Meeker. "This win goes to Gene Stirone, a tough, resilient guy who never gives up. If a smile or laughter could kill cancer, Gene would live forever."

March 18, 2011

Breakaway from Cancer Masters Team is sponsored by Amgen, UBS, the Pacific Meso Center, Sierra Nevada Brewing Company and others. For more information about the Breakaway from Cancer/UBS/PMC elite masters team, click here

Save the Date! Breakaway from Cancer, April 30, 2011

2011-03-08T09:45:00.000-08:00

Dana Point, CA. Attention cancer patients, caregivers, doctors and sports fans: Have we got a weekend for you!

The Dana Point Community Cycling Foundation (DPCCF) is pleased to invite you to join us celebrate life, family, friends and fitness on April 30, 2011 at a cancer fundraiser at the Dana Point Yacht Club.

The evening will include food, beverages, a silent auction and a roster of inspiring cancer survivors, physicians, professional bike racers and advocates. The doors open at 6 pm and close around 8 pm. The Dana Point Yacht Club is located on the island in the breathtakingly beautiful Dana Point Harbor. Tickets are $60.

All proceeds from the gala will be donated to Amgen's Breakaway from Cancer initiative, the Pacific Meso Center and the DPCCF.

The fun and festivities continue the next day, Sunday, May 1, 2011 when thousands of bike racers of all ages, families, fans and friends will take to the clean streets of downtown Dana Point for the 5th Annual Pro-Am Breakaway from Cancer Dana Point Grand Prix.

The day will feature non-stop highlights, including the always action-packed kids races, the men's pro race and, for the first time, the Breakaway Walk, in which cancer survivors and caregivers are invited to parade down the finish stretch of the race course. Bring your cameras! For details, click here

Please join us. This will be an unforgettable experience that will combine sport and charity. On Saturday night, raise a toast to more and better life as we watch the sun dip down over the Pacific Ocean. On Sunday, put on your game face, whether it's to race your bike, walk with your chest out and chin up, or simply to spectate and support worthy charities.

For more information about the Breakaway from Cancer Fundraiser, click here.

For more information about the Breakway from Cancer Dana Point Grand Prix, click here. Cancer survivors, bike racers and sports fans: this weekend's for you! We appreciate your support.

Don't sit back, attack!

Breakaway From Cancer/Pacific Meso Center Dedicates Win to Wally and Charlotte Miller

2011-03-01T09:34:00.000-08:00

Callville Bay, Nevada. Roger Worthington, racing for Breakaway from Cancer/Pacific Meso Center, won the three day Callville Bay Classic in the 45+ masters division this weekend and dedicated the victory to Wally and Charlotte Miller of Eugene, Oregon.

"Wally Miller inspired me," said Worthington. "A plumber for over 50 years, he married his high school sweetheart, built houses and earned a reputation for taking the initiative, cooperating with others, and keeping the faith. Right up to his last breath, Wally showed amazing grit and grace."

Mr. Miller had been diagnosed with malignant mesothelioma in December of 2010. Unfortunately, the diagnosis came too late for Mr. Miller to pursue reasonable treatment options. He passed away a few months later, still full of life, but out of breath, at the age of 70.

Worthington notes that it's the mission of the Pacific Meso Center to educate both patients and doctors on life-extending and lung-sparing surgical options, but any treatments must be predicated on a firm diagnosis. Mr. Miller began showing symptoms months before his diagnosis, but unfortunately, despite many doctors visits, a final diagnosis had eluded him.

Mr. Miller is survived by Charlotte, his beloved wife of 51 years, four children and ten grandchildren. Wally left a big footprint on this Earth. He earned a reputation among his employees and fellow contractors for demanding and rallying his crew to achieve the highest quality work. A quick wit with a self-deprecating sense of humor, even in his final days he managed to make his family and many visitors laugh.

"On his final day, as he lay in bed in the house he built," recalled Worthington, "Wally let his sinewy muscles go slack and he whispered softly, 'I'm outta here.' When I hit the summit of the climb in the time trial, my lungs gasping and my legs screaming to stop, I thought of Wally, turned to the pain, and told it to back off, that I was "outta here...'"

Worthington managed to eek out a 2 second gap over his nearest rival, which he sustained over the next two days for the overall stage race victory. Breakaway from Cancer is an initiative of Amgen, Inc, whose mission is to increase awareness of resources available to cancer patients, from prevention through survivorship. http://www.breakawayfromcancer.com/index.html

Pulitzer Award Winning Journalist Andrew Schneider Exposes the Deadly Fallacies Behind Current Efforts to Rejuvenate the World's Largest Asbestos Mine

2011-02-20T05:55:00.000-08:00

Pulitzer Award winning journalist Andrew Schneider has just published a disturbing article "Will Canada Export Death by Rejuvenating Its Last Asbestos Mine?"

In the article, Schneider details the history of the world's largest asbestos mine located in the city of Asbestos, Quebec. The mine, previously owned by Johns-Manville, has been virtually dormant in recent years. However, efforts are now being made by a foreign consortium to purchase the mine, with assistance from the Canadian government, and ramp up operations to meet the surprising global demand for the deadly mineral which claims the lives of more than 107,000 people worldwide every year.

Schneider explains that while asbestos can no longer be used in Canadian products, and Canada enjoys its reputation for spending more to take care of its citizens than any other nation, many Canadian leaders support the plan to export Canadian asbestos to nations such as India, Vietnam, Cambodia, Thailand and others where there are lax or non-existent regulations on asbestos.

In an effort to justify this latest effort to place asbestos profits ahead of public safety, consortium representatives and the Canadian leaders who support them, repeat the of-cited argument that chrysotile, the type of asbestos found in the mine, is not dangerous. Schneider, however, exposes the fallacy of these claims through the conclusions of some of the world's foremost public health experts: former U.S. Assistant Surgeon General Dr. Richard Lemen, former National Institute of Occupational Safety and Health official Dr. David Egilman, cancer specialist Dr. Michael Harbut and renowned asbestos researcher and historian Barry Castleman.

This article is a must read for anyone who thought that asbestos was a thing of the past, or who ever questioned the lengths to which companies and even governments are willing to go to profit from asbestos at the expense of public health.

Andrew Schneider is a two-time Pulitzer Award winning journalist whose works exposing the plight of innocent victims of public health hazards, including asbestos exposure, have garnered the attention of national and global leaders. He is also the author of the powerful “A Killer in the Attic” a four-part series on W.R. Grace and its asbestos-tainted insulation, Zonolite, present in the attics and walls of millions of homes in the United States.

Don't Sit Back.. Attack!

2011-02-17T09:08:00.000-08:00

Fighting words?

You bet. Over 20 years ago, "Don't sit back...Attack!" became my law firm's mantra. I never liked the word "victim," as it suggests powerlessness. Guess what? Folks poisoned by asbestos do have the power to strike back. It's been my job and calling to help asbestos cancer patients dig deep, bow up, and get "rough and rumble" justice.

My firm has been sponsoring bike racers, bike teams and bike race events for many years. This year I'm pleased to share with you that I'm racing for a team whose mission is to raise awareness on cancer treatments and preventions -- Breakaway from Cancer® (BfC). BfC is an initiative of Amgen, Inc, the biotech juggernaut. BfC has chosen to use bike races and rides as a vehicle for spreading the word that just as it takes a team to win a bike race, it also takes a team to help survive cancer.

BfC has agreed to sponsor a bike race I've been sponsoring for years -- The BfC Dana Point Grand Prix (DPGP). In 2011, we will have a cancer fundraiser the night before the race (April 30th, details to follow). A portion of the proceeds from the BfC fundraiser will be donated to the Pacific Meso Center.

For more information about the Breakaway from Cancer® Dana Point Grand Prix, click here.

To learn about the Breakaway from Cancer® masters bike racing team, click here.

Lets roll!

RGW

Study finds rogue gene attacks protein that stops cancer spreading

2011-01-27T10:26:00.000-08:00

A breakthrough study published in the journal Oncogene reveals scientists at the University of East Anglia have discovered a “rogue gene,” that if blocked by the right drugs, may stop cancer in its tracks. The gene, called WWP2, is an enzymic bonding agent found inside cancer cells. WWP2 attacks and breaks down a naturally-occurring protein in the body which normally prevents cancer cells from spreading. Tests show that by blocking WWP2, levels of the natural inhibitor protein were boosted and the cancer cells remained dormant.

According to researcher Andrew Chantry, "The challenge now is to identify a potent drug that will get inside cancer cells and destroy the activity of the rogue gene." Once new drugs are developed, it is hoped that conventional therapies such as chemotherapy and radiotherapy could be used on primary tumors with no risk of the disease taking hold elsewhere or metastasizing.

The research team is currently working with other scientists to develop such a drug. Chantry believes drugs could be developed in the next 10 years that could be used to halt the aggressive spread of many forms of cancer. More...

Mesothelioma Patients May Benefit From Second Pemetrexed-based Chemotherapy

2011-01-25T13:28:00.000-08:00

A new study conducted by a team of Italian researchers tested the effectiveness of pemetrexed-based chemotherapy (PBC) as a second-line treatment for mesothelioma cancer patients whose cancer shows at least a partial response to initial chemo. PBC is already effective for some patients, however no drugs have been approved yet for second-line treatment when the cancer continues to progress after first-line chemotherapy.

The study found that mesothelioma tumors shrunk or at least stopped growing in nearly half of patients (48%), and the median survival rate was 10.5 months after the treatment. Researchers also determined that the patients whose tumors stopped growing for at least 12 months after their first round of PBC treatment were more likely to respond well in the second round. Although the role of second-line therapy in mesothelioma needs further evaluation, this study suggests the possible therapeutic role of re-treatment PBC. More...

Study: Mesothelioma Significantly Underreported in Developing Countries

2011-01-10T09:48:00.000-08:00

A new study published by the peer-reviewed journal Environmental Health Perspectives estimates the global magnitude of reported and unreported mesothelioma.

According to the study, it conservatively estimates that, globally, one mesothelioma case has been overlooked for every four to five reported cases. In particular, many developing countries, including some with a high cumulative use of asbestos, do not report mesothelioma. Russia, Kazakhstan, China, and India all rank in the top 15 countries for cumulative use of asbestos. Under diagnosing and/or underreporting may have occurred in these countries due to lack of awareness, knowledge and resources.

This study is the first to postulate a global estimate of “missed” mesothelioma cases based on the collective experience of countries with available data on asbestos use and the disease. Given that their estimation is based on asbestos use until 1970 and because many countries have increased asbestos use since then, those countries should anticipate a higher disease burden in the immediate decades ahead.

Since mesothelioma can be prevented by eliminating exposure to asbestos, the authors of the study propose that every country ban the mining, use, and export of asbestos on grounds of public health. They also propose that developed countries share experience and technology to enable developing countries to better diagnose, report, and manage mesothelioma cases.

Debunking the Myths About P/D

2011-01-03T09:12:00.000-08:00

"The Question is, Why Wouldn't a Patient Choose P/D?"

In 1994, Dr. Robert B. Cameron began to develop his specific "radical" lung-sparing pleurectomy and decortication (P/D) surgical procedure as a more rational and less radical alternative to the popular radical extra-pleural pneumonectomy (EPP) surgical procedure for malignant pleural mesothelioma (MPM).

The data show that P/D is much safer than EPP. Surgical mortality (that is, when the patient dies during surgery) for P/D is only 3-4%. For EPP, surgical mortality is 5-7%, or almost twice as high. On top of fatalities, another two-thirds of EPP patients encounter serious surgical complications. Dr. Cameron’s surgical mortality numbers are below 1%.

P/D patients retain the use of both lungs, affording them a better quality of life. EPP patients are left with only one lung. With only on lung, the patient is vulnerable to threats to the remaining lung like infection, pneumonia or pulmonary restriction from prior smoking, asbestos scarring or the unshakeable threat of mesothelioma recurrence.

The only randomized trial for EPP (where the surgeon cannot bias the results through patient selection), revealed that patients who had EPP in fact did worsethan patients who avoided surgery altogether. Studies which have looked at both EPP and P/D reveal that P/D patients survive longer.

With P/D’s superiority overwhelmingly confirmed, the question is then, why wouldn't a patient choose a P/D over EPP? It seems that those clinging to the out-dated notion of performing EPP have tried to answer this question with a series of “myths” about P/D.

Over the coming weeks, Dr. Cameron, as the innovator of the P/D and the surgeon most experienced in performing it, will address in turn each of these "myths".

MYTH #1: “P/D Is Only Appropriate For Very Early Stage Meso.” January 3, 2011

Proponents of the EPP have been known to suggest that “P/D is fine for early-stage cases, but for a BIG tumor you need a BIG surgery.”

It is certainly true that lung-sparing P/D is more appropriate for early-stage cases than EPP. For a patient who is younger with less invasive tumor and a good long-term survival prognosis, there is simply no compelling reason to endure the risks and compromised quality of life associated with a radical lung amputation/EPP.

But just because P/D is more appropriate for early-stage patients does not mean that radical EPP is better for more advanced patients. Statistics reveal that P/D is also better advanced cases of pleural mesothelioma. In fact, many of those who argue that P/D is only appropriate for early-stage meso WILL NOT actually perform EPP for late-stage meso. They understand that EPP is too radical and difficult for late-stage patients and don’t want to harm their published survival statistics. They route their late-stage patients to P/D instead.

As a result, most studies comparing P/D to EPP show patients who were younger (less than 60) and relatively healthy going to EPP, and patients who were older (70 or above) and with more sickness going to P/D. Yet the overall survival for older, more advanced patients who had P/D was still BETTER than the survival for younger, less advanced patients who had EPP.

Click here for more information regarding malignant pleural mesothelioma and Dr. Cameron’s approach to treating the disease.

Who to Trust? Reading Medical Articles with A Grain of Salt

2010-12-15T04:34:00.000-08:00

How much faith should we put in published, peer reviewed studies which show that a drug, vitamin, surgical technique or medical device produces a favorable result?

We certainly want to believe that a conclusion based on raw data generated in a properly designed test by objective scientists must be true and is therefore reliable.

A recent article in The New Yorker -- "The Truth Wears Off “ -- by Jonah Lehrer reminds us of the perils of putting all our faith in scientists who, like the rest of us, are fallible. Scientists, especially medical researchers, he contends, tend to select their data to confirm a preconceived thesis, especially if they want to publish their study in a prestigious journal

Once a "truth" gets established – e.g, cardiac stents work, PSA tests save lives, Vitamin E is good for you, hormone replacement therapy for menopausal women works, second generation anti-depressants are effective, etc -- it's hard to un-establish it. Few journals put priority on publishing studies that show that a drug or device had "no effect," a phenomenon which Lehrer calls "publication bias."

The writer's point is not that our medical journals are rife with scientific fraud. In the real world, scientists struggle with making sense of their data. If there are anamolies that don't seem to follow a pattern, they might get tossed out. Like anyone else, a researcher is wired to want to disregard what he or she doesn't want to see, or can't explain.

Once Touted, Now Doubted

Vitamin E and D megadosing
Cardiac Stents
Hormone Replacement
Avastin for Breast Cancer
Baycol, Fen/Phen,Bextra
Thalidomide for morning sickness
Mastectomy
PSA test
Lobotomy
Extra Pleural Pneumonectomy

As Lehrer observes: "The problem of selective reporting is rooted in a fundamental cognitive flaw, which is that we like proving ourselves right and hate being wrong." Quite simply, it feels good to prove a hunch. It feels even better, he notes, when the researcher has a financial interest in the outcome, or stands to advance his career.

The answer, Lehrer argues, is in properly designing studies and making sure the data are both transparent and rigorously gathered, even if they contradict the hypothesis. Moreover, before publishing, the scientist should lay out on the front end what's a sufficient level of proof. He also suggests the use of accessible databases (something near and dear to Dr. Cameron and the Pacific Meso Center).

Bringing the subject closer to home, for many decades now US doctors have been quick to tout the extra-pleural pneumonectomy (EPP) as the best treatment for mesothelioma. Studies, mainly out of the Brigham and Women's hospital, have been published to prove the point. Several years ago, a big clinical trial, financed by Eli Lilly, showed that the chemotherapy drug Alimta was superior to doing nothing. Alimta went on to become the "front line standard of care" for pleural meso patients.

As you read up on the treatment options available, and listen to experts, it’s wise to stay on guard. Ask yourself, was the research based on selective reporting (aka, "cherry picking" the patients who did well but casting out those who didn’t)? Have the data been made available for review? Have the conclusions been validated elsewhere? Was the clinical trial randomized? Were apples compared to apples (if that’s even possible!).

Note that there has never been a clinical trial in the US in which pleural mesothelioma patients were randomly selected for either an EPP, a Pleurectomy/Decortication, or no treatment. Putting the ethical morass aside (I don’t think a patient would be eager to participate in a trial in which he was forced to do nothing or have his lung amputed), even if there was a well designed study, clearly surgical technique could not be 100% replicated, and every patient is different (genetics, age, sex, staging, pre-existing conditions, tumor cell type, will to live, etc).

In the end, we wind up making choices based on trust. Do we trust the doctor and his team? Do we trust the "science" on which he bases his opinions? Does he admit what he doesn't know? Does he follow the current fad or stubbornly cling to a one-size-fits-all strategy? Does he have passion without the in-your-face zeal ? Does he have a possible conflict of interest where, for example, he's got an irrepressible financial or career incentive to push one flavor over another?

Has your doctor tried to maintain “neutrality?” Radical surgery will transform the patient’s life irreparably. Has your doctor tried to suppress his own bias, anger or elation in recommending a treatment? Has your doctor truly explained whether an option first, does no, or at least very little, harm, balanced against the prospect of measurable benefit?

It’s not easy for a surgeon, or anyone, to “go Swedish” and consciously set aside biases. One thing is for certain, you’re not getting a fair shake if your doctor tells you he’s going to cure your mesothelioma. There is no proven cure for mesothelioma, period. At best, with an enlightened strategy, orchestrated by the an honest and caring medical team, meso patients can buy valuable time.

As WC Fields used to say: Trust your fellow man, but always cut the cards.

Roger G. Worthington, Esq.
December 15, 2010

Is EPP The Answer?

2010-12-08T13:08:00.000-08:00

For years in the US the conventional wisdom taught that if you have pleural mesothelioma and you want to survive, you better have your lung taken out.

A new study from the UK has debunked that theory.

Doctors in the UK recently published the preliminary findings from the Mesothelioma and Radical Surgery (MARS) study, a randomized trial in which one group of participants would receive chemotherapy, then extrapleural pneumonectomy (EPP), then radiotherapy. The second group of patients would receive other types of aggressive therapy, but would not receive EPP.

Significantly, the study did not contain an arm for patients to choose or undergo the surgical alternative to the EPP, known as the Pleurectomy/Decortication, which removes the tumor only and spares the lung.

The goal of the trial was to determine whether EPP in conjunction with adjuvant chemotherapy and radiotherapy offered benefits to the patient in terms of life expectancy and quality of life, as compared to other standard therapies. The study also assessed the benefits compared to the surgical risks of morbidity or mortality.

In a nutshell, the MARS trial unambiguously debunked the popular theory that the EPP is the best surgical treatment for pleural mesothelioma patients.

Please read the abstract, as well as the comments by PD pioneer Dr. Robert Cameron of UCLA and the Pacific Meso Center.

Dr. Cameron has been treating mesothelioma patients for over 20 years. He is one of the innovators of the lung-sparing Pleurectomy/Decortication. He has has performed the procedure on over 300 patients in his career. It takes about twice as long as the EPP, is highly tedious, but the results have been worth it in terms of lower patient mortality, above average median survival, and improved quality of life. For more about Dr. Cameron's expertise, click here.

The MARS trial offered up sweet validation of Dr. Cameron's approach -- an approach that has not always endeared him to his pro-EPP surgical colleagues. He writes: "This most recent trial is even more proof that no one suffering from the ravages of mesothelioma should be subjected to the further indignation of a radical, debilitating and useless operation based on "selected" data.”

The take home message: there's no substitute for due diligence. Before consenting to a radical, lung amputating surgery, do your homework. Ask tough questions. And call Dr. Cameron.

December 8, 2010

A Holiday Message and Theological Response to “The Median Isn’t the Message” from Meso Survivor Pastor Charles Van Kirk

2010-11-30T13:06:00.001-08:00

November 30, 2010

By John Caron:

A few days before Thanksgiving, I came back across the insightful and inspirational essay “The Median Isn’t the Message” written by Harvard and NYU evolutionary biology professor Stephen Jay Gould shortly after he was diagnosed with peritoneal mesothelioma in 1982.

In the essay, Professor Gould discusses his reaction to the median survival statistics of only eight months for patients diagnosed with his disease. Rather than resign himself to this fate, Professor Gould explained that statistics are merely abstractions which do not encompass the full range of variation and concluded that he should be in the favorable half of the upper statistical range because of his age, positive attitude, early diagnosis and the fact that he received the best available medical treatment. Professor Gould proved to be correct, surviving 20 years following his diagnosis with mesothelioma before passing away due to an unrelated condition.

I thought some of my mesothelioma clients would enjoy reading this timeless and optimistic piece and forwarded it to them along with a Thanksgiving greeting. Once such client was Thurl Charles Van Kirk, Pastor of the Rim of the World Community Church in Running Springs, California. “Pastor Chuck” has himself defied the statistics by surviving almost three years since his diagnosis with biphasic mesothelioma—and counting!

Knowing that Pastor Chuck received degrees in theology before serving 30 years as a Pastor, I was eager to receive his perspective on the evolutionary biology professor’s essay about statistics and survival. Pastor Chuck certainly did not disappoint.

Printed below with his permission is Pastor Chuck’s eloquent and thoughtful response culminating in a timely and valuable prayer for this Holiday Season.

Please enjoy and pass along to others.

Thanks again Pastor Chuck!

Dear John:

Thank you for the article, “The Median Isn’t the Message” by Stephen Jay Gould. It reminds me of a passage in Luke 16.8,

“…There was a certain rich man who had a steward, and
this steward was reported to him as squandering his
possessions.

And he called him and said to him, ‘What is this I
hear about you? Give an account of your stewardship, for
you can no longer be steward.’

And the steward said to himself, ‘What shall I do,
since my master is taking the stewardship away from me?
I am not strong enough to dig; I am ashamed to beg.

I know what I shall do, so that when I am removed from
this stewardship, they will receive me into their homes.’

And he summoned each one of his master’s debtors,
and he began saying to the first, ‘How much do you owe my
master?’

And he said, ‘A hundred measures of oil.’ And he said
to him, ‘Take your bill, and sit down quickly and write fifty.’

Then he said to another, ‘And how much do you owe?’
And he said, ’A hundred measures of wheat.’ He said to him.
‘Take your bill, and write eighty.’

And his master praised the unrighteous steward because
he had acted shrewdly; for the sons of this age are more shrewd
in relation to their own kind than the sons of light.”

Professor Gould shed some light upon a gloomy topic. Statistics, ah, in college I spent a year deriving formulas by hand just in case our computers crashed. Through all the exercise of tangent and co-tangent, designing experiments and penning down conclusions, never mind their significance; we learned that Professor Gould was right. Statistics can be so stretched. And there is that mystical point where truth gives way to lies and lies fade into truth. “It’s all relative? To what? To whom?” My answers came from the study of theology.

What appeals to me in the above scripture appears in its preface, “this steward was reported to him as squandering his possessions.” Professor Gould dazzles the reader with his understanding and definitions. But the point in Luke’s account is that there shall be a day of accounting where the mean and the median will be required for each of us.

Yes, attitude is everything. At times my hardest struggle is just to get up in the morning. Deep, throbbing pain in my side demands attention. So I pop some pain meds and lay back down pondering what heaven will be like when we receive new bodies that never break down, get sick, wrestle with illness or suffer!

So thank you again. I’ll be seeking to be in the distribution of those who thrive even in the midst and realities of diseased bodies. The steward was wise in how he finally got those uncollectible accounts to pay up. It wasn’t the full measure but something is better than nothing. I suspect his employer had been trying to receive payment for years from his debtors. This shrewd servant found a way to endear himself with his master and those who owed him money.

My prayer for you and yours this holiday season is that you make time to celebrate the little things, the kindnesses and tenderness afoot from strangers, friends and family. Perhaps we as sons of light might advance those in our sphere of influence to reconsider the glory of Christmas, the cheer of Thanksgiving and fulfill the goals our master bids us do in 2011.

God Bless,

Charles Van Kirk

Mesothelioma: A Patient's Road Map

2010-11-09T10:35:00.000-08:00

Patients diagnosed with mesothelioma find themselves at the beginning of a journey. Because of the rarity of the disease and the developing nature of the treatments, it is a journey that will take them on sparsely-traveled, out of the way back-roads. The kind of roads that are often difficult to navigate. Difficult, that is, unless you have a good road map.

The Pacific Meso Center has assembled a new brochure entitled: "Mesothelioma: A Patient’s Road Map" to help mesothelioma patients navigate the many roads before them on their journey to proper diagnosis, treatment and coping with their disease.

The Pacific Meso Center is a division of the Pacific Heart, Lung & Blood Institute ("PHLBI") which is dedicated to meaningful advancements in the treatment and prevention of mesothelioma. PHLBI is a 501 (c)(3) non-profit institution founded in 2002 by Roger Worthington and Dr. Robert Cameron, head of the Mesothelioma Program at UCLA Medical Center. Dr. Cameron serves as the Pacific Meso Center's Scientific Advisor and is the innovator of the lung-saving pleurectomy/decortication procedure for pleural mesothelioma.

To get your free copy of "Mesothelioma: A Patient's Road Map", please call us at (800) 831-9399 or email us at info@rgwpc.com

"So many of us need this kind of information because without it, it's hard to know where to start."

2010-10-26T13:55:00.000-07:00

In February of 1999, Canadian Paul Douglas first heard the word ‘mesothelioma’ as it came out of his doctor’s mouth. At that meeting, his doctor told him "go home, do your paperwork you've got 3 to 6 months to live."

He was told about his treatment choices from chemotherapy, radiation and radical surgery. Surgery was his least favorite choice.

His ex-wife Linda had remained a good friend and she soon began surfing the Internet and “low and behold I found www.mesothel.com”. According to Paul, "Thanks to Roger Worthington's website Linda was able to access information on mesothelioma and clinical trails that were taking place across the U.S. Here in Canada the resources are not available for this type of research."

Paul took part in a clinical trial offered in Bremerton Washington. He began the trial in April of 1999. Nine weeks later his first cat-scan revealed "no tumors at all."

We followed Paul and his battle for the next 11 years! Over that time he helped dozens of people from all over the world facing this same battle. He shared his knowledge and support of others with joy and purpose. He helped others to fight as he did but most importantly, he offered them hope and inspiration.

In July of this year he reported to us that he and his wife Sharon had just returned from trips to Maui and Las Vegas.

Sadly, on October 20, Paul passed away due to a heart attack. His wife and family hope his message to keep fighting and never giving up will continue to live on.

Asbestos Bankruptcy Trust Update for October 22, 2010

2010-10-22T07:37:00.000-07:00

Leslie Controls on the Fast Track to having its “Pre-Packaged” Bankruptcy Plan ApprovedCould Begin Paying Claims by Early 2011

Leslie Controls, Inc., a wholly-owned subsidiary of CICOR International, Inc., filed for Chapter 11 bankruptcy protection in July 2010 citing overwhelming liabilities for current and future asbestos injury claims.

Since the early 1900’s, Leslie was a major manufacturer of industrial water heaters and steam control systems. Leslie was a large supplier of valves and other steam equipment to the United States Navy during World War I and World War II. Leslie’s products, which were often equipped with asbestos gaskets, insulation and packing, were responsible for exposing thousands of Americans to harmful asbestos fibers.

Upon filing for Chapter 11, Leslie received temporary immunity from all pending and future lawsuits brought by asbestos illness victims. Leslie will be entitled to permanent immunity upon certification of its bankruptcy plan by the bankruptcy court and approval by a Federal District Court. The one consolation to asbestos injury victims is the requirement that Leslie’s bankruptcy plan provide for the funding of a trust and a system for compensating claimants based on factors including the severity of their illness.

Leslie made substantial progress toward its emergence from bankruptcy when it obtained the asbestos claimant votes necessary for approval of its bankruptcy plan earlier this month. For the plan to be affirmed by the courts, bankruptcy law requires approval by at least 75 percent of current asbestos claimants. The vote on Leslie’s plan was completed on September 27, 2010, and on October 8, 2010 the balloting agent reported to the U.S. Bankruptcy Court that more than 75 percent of claimants had voted in favor of the plan.

Based on the progress to date, CIRCOR is targeting the plan’s affirmation by the courts and Leslie’s emergence from bankruptcy for the fourth quarter of 2010. Accordingly, it is conceivable that Leslie’s bankruptcy trust could begin processing claims by early 2011.

If the trust begins paying injury claims within a year of Leslie’s filing for bankruptcy, this would rank as one of the faster completions of this process among all asbestos bankruptcy trusts. By comparison, of the nine other companies which currently have proposed bankruptcy trusts pending approval, one has been in bankruptcy for over ten years, two over nine years, and another two over six years.

Leslie’s progress can be attributed to its use of a “Pre-packaged” bankruptcy plan. As compared to other bankruptcies, where the company files and thereafter begins negotiating a plan of reorganization with creditors, a pre-packaged approach involves negotiating a plan before the company files bankruptcy. Under a pre-packaged approach, the company is able to negotiate with creditors under less formal conditions, often behind closed doors, and deliver a plan of reorganization satisfying applicable rules at the same time the company files bankruptcy.

Check back often to Mesothelioma Bytes for breaking news about the Leslie Trust and other active and pending asbestos bankruptcy trusts.

Also, for information on how asbestos bankruptcy trusts came to exist, how trust claims are processed and the current status and future outlook of these trusts, see our comprehensive guide to asbestos bankruptcy trusts entitled: “Asbestos Bankruptcy Trusts: The Good, The Bad And The Ugly.”

Study Involving New Chemotherapy Combination Shows Improved Results Over Cisplatin for Pleural Mesothelioma

2010-10-21T10:32:00.000-07:00

To date, chemotherapy drugs used to treat mesothelioma have primarily included cisplatin, onconase, carboplatin, gemcitabine, navelbine and pemetrexed (Alimta). In some cases, these medications have been noted to stall the progression of mesothelioma tumors. Chemotherapy, however, has been shown to be most effective when combined with surgery, radiation, or other treatment modalities, known as multi-modal treatment.

Since 2004, the only chemotherapy regimen which the FDA has approved for pleural mesothelioma is cisplatin and Alimta. The approval, however, is limited to patients who are not surgical candidates.

A recent European study has monitored the results of cisplatin used in combination with a drug called Tomudex (raltitrexed) for pleural mesothelioma. The study has shown improved median survival rates for patients on the cisplatin-Tomudex combination as compared to cisplatin alone.

Tomudex is an injectable cytotoxic medication used to treat different forms of cancer. The medication belongs to a group of cancer-fighting drugs called antineoplastics. Tomudex combats cancer by preventing cancer cell growth, which in time leads to their elimination.

In the study, one group was treated with cisplatin alone and another group was treated with both cisplatin and Tomudex. The overall response rate for the cisplatin-Tomudex group was higher than the cisplatin group, 23.6 percent and 13.6 percent, respectively. Tomudex was shown to improve median overall survival by 2.8 months and Tomudex was associated with improved progression-free survival.

Professor J.P. van Meerbeeck (professor of Thoracic Oncology at Ghent University, Belgium) said, “Malignant pleural mesothelioma is a hard to treat, rare cancer with a poor prognosis. New treatment options such as a combination of cisplatin and raltitrexed, which improve patient outcomes with no detrimental effect on quality of life as compared to cisplatin alone are a welcome addition to our therapeutic portfolio.”

Tomudex is currently licensed for the treatment of pleural mesothelioma in Portugal, Czech Republic and Hungary. Additional licensing is expected across Europe in late 2010.

Please check back with Mesothelioma Bytes for future updates on the testing and approval of Tomudex in the treatment of mesothelioma.

"It is important for us to stay on top of the new discoveries in medicine connected to mesothelioma and your website does just that.”

2010-10-18T09:00:00.000-07:00

"South Florida's changed so much," says Howard Ornstein, who relocated to the Sunshine State with his family in the 1950's. "Time was you could see straight to the water, but with all of the over building and high rise construction, Miami Beach is invisible unless you're on the front row."

The early days of South Florida bring back halcyon memories for Howard and his wife Roselyn. "Parkland is just like a little town, even though it's on the outskirts of Fort Lauderdale. Growing up our kids did everything, tennis, karate, horseback riding, the local football team…everyone knew everyone else."

Back in March of 2008, Howard was diagnosed with malignant pleural mesothelioma. In his search for treatment, he land his wife Roselyn left no stone unturned.

Chemotherapy did a good job for awhile, but the Ornsteins were always on the look out for new treatments.
In 2009 they visited the ITL clinic in the Bahamas.
In 2009 they also visited with Dr. Robert Taub in New York.
Howard took supplements made from asian mushrooms that he says, "help slow the progression of the disease." Howard also stated, "you have to be in the right frame of mind."
He is in that frame of mind and has a pretty accomplice to help him enjoy it.

It is now October of 2010 and Howard is still going strong!

"I feel good, just a bit tired sometimes. My appetite is still good and Roselyn makes sure I clean my plate.

After his third chemotherapy treatment, Howard will undergo a CT scan and be evaluated for any further treatments.

Way to go Howard! Keep up the good work.

Worthington Law Firm Announces New Guide to Asbestos Bankruptcy Trusts

2010-10-12T13:45:00.000-07:00

“Asbestos Bankruptcy Trusts: The Good, The Bad And The Ugly”

Since the early 1980’s, companies responsible for inflicting asbestos-related illness on hundreds of thousands of Americans have sought to limit or escape legal liability through filing Chapter 11 bankruptcy.

By filing Chapter 11, a company is given immediate immunity from lawsuits filed by the victims of its asbestos products. The company is then given many years to satisfy a number of legal requirements while the victims, many of whom do not have the luxury of time, are forced to wait. Upon meeting the requirements, the company is granted permanent immunity from lawsuits filed by all past and future victims, and is able to emerge from bankruptcy and continue doing business as usual.

The one consolation to asbestos illness victims is the requirement that the company pool assets and insurance proceeds and place them in a trust to compensate past and future victims. The trust establishes guidelines dictating the amount of compensation to be paid to claimants based primarily on severity of illness. While it is not necessary for victims to appear in court or provide testimony, the amount received from the trust is often far less than what would have been received if the company could be sued in a lawsuit.

Despite their many shortcomings, asbestos bankruptcy trusts are becoming an increasingly important component of the compensation available to victims of asbestos disease. This is due to a continuing decrease in the number of viable companies that can be sued in court and a continuing increase in the number of companies filing Chapter 11 bankruptcy.

In order to aid in the understanding of how asbestos bankruptcy trusts came to exist, how trust claims are processed and the current status and future outlook of these trusts, we have assembled a comprehensive guide to asbestos bankruptcy trusts entitled: “Asbestos Bankruptcy Trusts: The Good, The Bad And The Ugly.” Click here to review this helpful resource and continue to visit Mesothelioma Bytes for the latest news on asbestos bankruptcy trusts.

If you have any questions, or would like to learn more, please contact us at info@rgwpc.com or 1-800-931-9399.

“Your firm really cares about my well-being.”

2010-10-06T11:15:00.000-07:00

In April of 2009, Kathy first noticed she was having difficulty taking deep breaths. She met with her family physician who performed several tests including a chest x-ray. The x-ray revealed a pleural effusion.

In June of 2009 she underwent a left-sided thoracentesis with pleural biopsy in Wenatchee, Washington. Immunohistochemical staining of the biopsied tissue resulted in a diagnosis of malignant mesothelioma. Upon learning of the diagnosis, she met with an oncologist in Wenatchee who recommended that she consult with Dr. Eric Vallieres in Seattle, Washington.

In July of 2009 Kathy met with Dr. Vallieres and his staff at the Swedish Medical Center where they discussed her eligibility for the extra-pleural pneumonectomy. Dr. Vallieres felt she should first undergo chemotherapy treatments using Alimta in conjunction with Cisplatin. A CT scan taken before the third round revealed a reduction in the size of the tumor.

As a result of this favorable response and after subsequent tests, Kathy underwent surgery on her left lung on October 5, 2009.

Kathy completed her 28 day cycle of radiation at the end of January.

In March Kathy returned to her job full-time. While she loves staying busy, she and her husband were ready to take a vacation after the challenging year they have had. They recently returned from a relaxing trip in Cabo San Lucas, Mexico and are feeling recharged for the season ahead. Meanwhile, Kathy has been faithfully keeping up with her physical therapy appointments several times a week to help regain strength and mobility on her left side.

Kathy last saw Dr. Vallieres in May and is seeing him again later this October. Her doctors have been monitoring a small spot on her spine that is most likely benign. However if the spot turns out to be more serious, she has already consulted with a radiologist on how to treat it. She recently learned about the relatively new CyberKnife treatment which is a non-invasive, non-surgical method of delivering radiotherapy to very targeted areas.

It’s hard to believe a year has gone by since Kathy’s EPP surgery! She continues to be very appreciative of the Worthington Law Firm. “I feel your firm really cares about my well-being and are experts about mesothelioma treatment.”

Locating Financial Assistance for Cancer Patients Doesn't Have to be so Hard

2010-10-05T07:48:00.000-07:00

Coping with cancer and its aftermath both physically and emotionally is a challenging process that taxes all those involved, including the ones at risk and their loved ones. However, don't let the financial burdens unduly increase stress. There are many sources for financial assistance, which cater to a range of people and their situations.

Always remember, don't be silent about this real need! Thirty minutes of research could save thousands of dollars and unnecessary turmoil, but try to exhaust all resources. Talk to doctors, family members, neighbors, and others in the community about your concerns.

The U.S. National Cancer Institute is a comprehensive home base with important information and sources for all types of cancer. Below is a direct link to seeking financial assistance for a range of needs including local programs and support groups, Spanish speaking centers, oncology social workers who can provide pertinent information, assistance for women and children, volunteer organizations, Medicaid and Medicare, help with prescription drugs, tax deductions, transportation, and much more.

Financial Assistance for Cancer Care: http://www.cancer.gov/cancertopics/factsheet/support/financial-assistance The Patient Advocate Foundation established in 1996, is dedicated to helping patients and loved ones in a variety of sources. Below is a direct link to information on prescription drug assistance.
Patient Assistance Programs: What Every Oncologist Should Know: http://www.patientadvocate.org/news.php?p=281

Good starting places for additional links to financial help are:

Links to 17 other sites: http://members.tripod.com/~cancer49/index-10.html
Frequently Asked Questions: http://www.cancercare.org/get_help/pwc.php
An article about others fighting cancer and its debt: Conquering Cancer, but Way Behind on the Bills: http://www.cancerinsurance.com/English/Collaterals/NY_Times_16NOV1997.html
National Catholic Charities Web Site: http://www.catholiccharitiesusa.org/.
United Way : http://www.unitedway.org/
American Cancer Society links to funding: http://www.cancer.org/docroot/res/res_0.asp
Drug Assistance through National and International Cancer Supportive Care Programs: http://www.cancersupportivecare.com/drug_assistance.html

"Aid and Attendance" is a monthly pension benefit that the Department of Veterans Affairs offers. Applications may be submitted online at www.vabenefits.vba.va.gov/vonapp/main.asp or learn more about what your local VA has to offer at www.va.gov. Claimants for the "Aid and Assistance" benefit must be incapable of self support and in need of regular personal assistance. For more information, call 1-800-827-1000.

“I’ve been exposed to asbestos, do I have meso?”

2010-09-30T17:24:00.000-07:00

Discovery of New Biomarkers May Lead to Test for Early Detection of Mesothelioma

We hear the question countless times from newfound friends, “I know I have been exposed to asbestos in the past, is there any test out there that can determine if I have cancer or mesothelioma?”

Until a few years ago, there was no such test. However, recently several doctors and clinics have researched ways of determining the existence of mesothelioma markers in the blood.

In 2005, new developments using a blood serum marker were used to detect cancer in a longitudinal study in Libby, Montana.

Later that year, results from a study conducted by researchers at New York University (NYU) School of Medicine revealed the mesomark assay, the world's first and only in vitro test for monitoring mesothelioma. This program was developed by Fujirebio Diagnostics, Inc. It was an effective way to measure proteins within the blood that reflect changes in disease. The findings represented a major milestone in the management of mesothelioma, as the test hoped to enable doctors to more accurately monitor patients for treatment.

This week, the biotech company Somalogic announced at the Fourth AACR International Conference on Molecular Diagnostics in Cancer Therapeutic Development a new technology that could allow doctors to identify mesothelioma in patients before they show visible symptoms.

Scientists tested 357 serum samples from patients diagnosed with mesothelioma or lung cancer. The results were compared to controls consisting of subjects exposed to asbestos, high-risk smokers, and those with benign lung disease. If this technology proves reliable it could be used in a screening process for people with a history of asbestos exposure

Rachel Ostroff, Ph.D., of SomaLogic in Boulder, Colorado said "Detection of these aggressive cancers at an earlier stage would identify patients for early treatment, which may improve their survival and quality of life."

Knowing if and when the enemy will strike always helps in developing a battle plan for victory.

We will update this story when the results of the next round of studies are published.

Phase II Study of IMC-A12 in Patients With Mesothelioma Who Have Been Previously Treated With Chemotherapy

2010-09-28T07:43:00.001-07:00

IMC-A12 for Mesothelioma

IMC-A12 is a new cancer treatment that has not yet been approved by the U.S. Food and Drug Administration

It is an antibody that is designed to block the effects of a protein called Type I Insulin-Like Growth Factor (IGF-1R). IMC-A12 blocks the receptors in cells that respond to IGF-1R, which are thought to play an important role in helping cancer cells to grow and divide.

Researchers are interested in determining whether IMC-A12 is an effective treatment for individuals who have mesothelioma that has not responded to standard chemotherapy.

The objective if this study it to evaluate the safety and effectiveness of IMC-A12 treatment in individuals with mesothelioma who have previously had chemotherapy.

Individuals at least 18 years of age who have been diagnosed with mesothelioma that has not responded to chemotherapy are eligible.

Eligible participants will be screened with a full physical examination and medical history, blood and urine samples, and imaging studies.

Participants will receive IMC-A12 once every 3 weeks (21-day cycle), and will be evaluated before the start of each new cycle with blood tests and imaging studies if needed.

Treatment cycles will continue for as long as needed, unless severe side effects develop or the disease progresses.

This study is currently recruiting participants. This study has been verified by National Institutes of Health Clinical Center (CC), June 2010

Contact: NCI Referral Office 1-888-NCI-1937 ncicssc@mail.nih.gov

Phase II Study of IMC-A12 in Patients With Mesothelioma Who Have Been Previously Treated With Chemotherapy

2010-09-28T07:43:00.000-07:00

IMC-A12 is a new cancer treatment that has not yet been approved by the U.S. Food and Drug Administration

It is an antibody that is designed to block the effects of a protein called Type I Insulin-Like Growth Factor (IGF-1R). IMC-A12 blocks the receptors in cells that respond to IGF-1R, which are thought to play an important role in helping cancer cells to grow and divide.

Researchers are interested in determining whether IMC-A12 is an effective treatment for individuals who have mesothelioma that has not responded to standard chemotherapy.

The objective if this study it to evaluate the safety and effectiveness of IMC-A12 treatment in individuals with mesothelioma who have previously had chemotherapy.

Individuals at least 18 years of age who have been diagnosed with mesothelioma that has not responded to chemotherapy are eligible.

Eligible participants will be screened with a full physical examination and medical history, blood and urine samples, and imaging studies.

Participants will receive IMC-A12 once every 3 weeks (21-day cycle), and will be evaluated before the start of each new cycle with blood tests and imaging studies if needed.

Treatment cycles will continue for as long as needed, unless severe side effects develop or the disease progresses.

This study is currently recruiting participants. This study has been verified by National Institutes of Health Clinical Center (CC), June 2010

Court Rejects Pfizer’s “Bad Faith”

2010-09-22T18:08:00.000-07:00

Court Rejects Pfizer’s “Bad Faith” Attempt to Limit Liability to Asbestos Victims

Many of our clients, as well as thousands of other victims of asbestos disease, were exposed to asbestos products manufactured by a company called Quigley. Because of legal maneuvering on the part of Quigley's parent company, pharmaceutical giant Pfizer, Inc., these families have been forced to stand in line and wait patiently for the justice they deserve. Here's the latest in Pfizer's lawyers attempt to delay, obfuscate, duck, bob and weave.

Earlier this month, a New York bankruptcy judge rejected the latest attempt by Pfizer, Inc. to shake off an estimated $900 million worth of asbestos damages through a Chapter 11 bankruptcy plan for its Quigley unit, which manufactured asbestos containing products from the 1940’s through the 1970’s.

Judge Stuart M. Bernstein refused to confirm Quigley's fourth Chapter 11 bankruptcy reorganization plan on the grounds it would run out of money within five years of paying claims for asbestos injuries and was unfair to some of the most seriously injured asbestos claimants. Judge Bernstein found that Pfizer, the architect, funder and chief beneficiary of Quigley's Chapter 11 plan, engaged in "bad faith" vote manipulation and should not enjoy the benefit of a confirmation ruling that would shield it from damage claims arising from Quigley products.

A maker of “Insulag”, “Panelag” and “Damit” refractory products for iron, steel, power generation, petroleum and other industries, Quigley was acquired by Pfizer in 1968. By 2003, it was out of operation, facing $1.2 billion worth of claims for asbestos damages, with more expected in future decades. In 2004, Pfizer filed for Chapter 11 bankruptcy protection on behalf of Quigley, part of what Judge Bernstein found was a bad faith scheme to "divide and conquer" law firms that represent people with asbestos injuries.

Quigley is one of many companies that resorted to Chapter 11 protection in order to get a reprieve from asbestos injury claims, and gain bargaining advantage with plaintiff's firms. Asbestos bankruptcy plans are generally designed to shield a company from product liability lawsuits by diverting the claims to a trust funded with cash, stock, insurance proceeds and other assets earmarked to cover the anticipated cost of current and future injury claims.

According to Judge Bernstein, Pfizer's $216 million contribution to the Quigley bankruptcy trust was far less than the benefit the company would obtain if the Quigley Chapter 11 plan was confirmed: immunity from more than $900 million in product liability claims.

Judge Bernstein’s ruling will force Pfizer into renewed negotiations if it wants to preserve its immunity from personal injury claims brought by persons injured by Quigley’s asbestos products. At the time it filed for bankruptcy protection in 2004, Quigley had been hit with 411,100 asbestos personal-injury claims. Experts estimated another 261,567 lawsuits would be filed in the coming decades.

If new plan is not approved, the Chapter 11 bankruptcy could be dismissed, allowing all of the pending and future lawsuits against Quigley/Pfizer to proceed.

Dr. Cameron: "A Blessing"

2010-09-20T12:29:00.000-07:00

When Patricia Crawford was initially diagnosed by doctors at Kaiser Permanente, they tried to steer her into having her lung removed using the radical lung-amputating extra-pleural pnuemonectomy (EPP). She was not made aware of the lung-sparing pleurectomy-decortication (P/D) surgery and probably would've consented. But, thanks to the diligence and curiosity of her children, who logged onto the internet and discovered Dr. Robert Cameron, she sought a second opinion.

Undaunted by the lack of a formal referral from Kaiser Permanente, Patricia set up an appointment with Dr. Cameron. She knew that Kaiser's vast bureaucracy would either delay or reject the referral, but time was short. She decided to pay for the consultation herself and worry about coverage later.

Dr. Cameron talked with her extensively about her surgical options. He explained the differences between the EPP, which removed the lung, and the P/D, which spared the lung. He explained to her that the P/D provided the same tumor clearance as the EPP with a lower risk of mortality.

He also explained to her the adjuvant use of radiation as well as immunotherapy and chemotherapy. Patricia ultimately chose to undergo the pleurectomy/decortication at UCLA on January 10, 2008. (For more information on the differences between the EPP and P/D, click here) The doctors at Kaiser, who recommended the EPP, had not even mentioned the PD as an option. Patricia is thankful that she found Dr. Cameron. "He has been a blessing."

Beware of “Madison Avenue” Meso Lawyers

2010-09-20T12:02:00.000-07:00

Nowhere to Hide

It’s late at night, you’re dozing off with the TV on, the screen goes dark and is soon filled with words in white lettering, as an all too serious narrator begins reading: “If you or a loved one was diagnosed with mesothelioma, call the number on your screen now…”

Now it’s morning, you’re settling in with a cup of coffee, your eyes are on the newspaper but you’re listening to CNN when, once again, the all too familiar voice beckons: “If you or a loved one was diagnosed with mesothelioma, call the number on your screen now…”

Now you’re up and dressed. Before leaving the house, you flip over to the Weather Channel for a quick check of the forecast, but before you can get your “Local Weather on the 8’s”, you’re forced to once again endure the barely human voice: “If you or a loved one was diagnosed with mesothelioma, call the number on your screen now…”

You’re at an intersection waiting for the “Walk” signal when your view is eclipsed by a large bus pulling over at a nearby bus-stop. On the back of the bus is a large rectangular sign with the image of a man with a weathered face and stoic expression, wearing a hard-hat, next to which you see the text: “If you or a loved one was diagnosed with mesothelioma, call 1-800…”
These days there’s no escaping “Madison Avenue” meso lawyers and their seemingly limitless advertising budgets.

“Scorched Earth” Campaign for Meso Victims

So who are these “Madison Avenue” meso lawyers who are saturating our airwaves, billboards and bus placards with their distasteful attempts to reach the one out of every 103,000 Americans who will be diagnosed with mesothelioma this year?

Typically, they are national firms which, curiously enough, don’t even specialize in the handling of mesothelioma cases. Instead, many of these firms handle a wide array of cases including pharmaceutical cases, tobacco cases, securities fraud cases, Chinese drywall cases, mold cases, medical malpractice cases and various forms of class action cases. Many of the firms have only recently jumped on the “mesothelioma bandwagon,” adding these cases to their diverse practices.

Talk the Talk and Walk the Walk

Any law firm with a large marketing budget can hire an advertising firm to produce a slick (usually not-so-slick) TV commercial and run demographic studies on the times and channels to run the commercials where they will have the best chance of reaching their “market.” But does possessing the so-called savvy to market legal services the same way others market “male enhancement” products qualify a law firm to represent a family struggling with mesothelioma?

In order to effectively represent a family afflicted with mesothelioma, a law firm must have the knowledge and experience necessary to quickly educate the family about the full extent of their medical options and assist them in getting prompt attention from the physicians who have developed an expertise in the treatments they are interested in (See our article “Should Lawyers Advise Their Clients on Treatment Options” Published in Asbestos Magazine).

Because of a mesothelioma patient’s limited life expectancy, efforts must be made to bring the case to trial as soon as the court will allow. These efforts, not surprisingly, are met with great resistance from defense attorneys whose billable rates incentivize them to make the case drag on as long as possible so that the mesothelioma patient never sees his or her day in court. Again, meeting and overcoming these unique challenges requires attorneys who are experienced and have a proven track record in handling mesothelioma cases.

Are “Madison Avenue” meso lawyers up to these challenges?

Can a family struggling with mesothelioma afford to risk that they’re not?

Click here for the full article.

Dr. Cameron: "He clarified my options in lay terms"

2010-09-17T09:58:00.000-07:00

Holger Lochheed is a 70 year-old retired hotel restaurant manager who lives with his wife Lynne in Mesquite, Texas. Holger was diagnosed with malignant pleural mesothelioma two years ago during a routine physical.

Holger recently reviewed a copy of the Pacific Heart, Lung & Blood Institute’s “Patients Road Map”, a brochure written to help mesothelioma patients navigate the many roads before them on their journey to proper diagnosis, treatment and coping with their disease. Here it Holger’s enthusiastic response.

Dear Mr. Caron,

Thank you for your letter and the "Patients Roadmap" brochure.

While the brochure is informative, short and to the point, it lacks the strong emphasis to seek out a specialist as early as possible.

My personal scenario is a case in point. After diagnosis, I was referred to a local Oncologist (a charming gentleman) who gave me 9 months to live and with treatment 3 years. His referral to a Thoracic Surgeon was even bleaker: an immediate operation followed by heavy radiation. Outlook: 2 years and "I'll try to save part of your lung".

Thank God your office referred me to Dr. Cameron. He clarified my options in lay terms.

I chose to do nothing.

So far this decision had stood me in good stead. I feel well and live the good life. Naturally I am under no illusions and know this could change at a moments notice.

Therefore, it is my humble opinion that the publication needs to put a MUCH STRONGER emphasis on the importance of seeking out meso specialists as early as possible.

Kind regards,

Holger Lochheed

2010-09-16T18:20:00.000-07:00

California City Ignores Dangers of Asbestos, Approves Mountain Biking Facility on Asbestos-Rich Soil

Last month, the San Luis Obispo, California City Council approved a donor agreement with a mountain biking group to develop a recreation facility in a city-owned area with soil type rich with asbestos.

The group, Central Coast Concerned Mountain Bikers, hopes to build a bicycle skills course in the Stenner Springs Natural Reserve, a 363-acre area four miles north of San Luis Obispo. Much of the landscape of Stenner Springs is made up of serpentine soil, a type of material which state and federal governments have designated as a source of naturally occurring asbestos. Asbestos is known to cause lung cancer and mesothelioma, a cancer of the linings of the lungs that is nearly always fatal.

Though serpentine soil is relatively common in California, scientists and government regulators have recently stepped up efforts to study the effects of naturally occurring asbestos in dust and warn people of the danger.

In a study released in 2009 by the University of California Department of Agriculture and Natural Resources, dust from serpentine soil is cited as a potential cause of cancer. The study says, “People may inhale or swallow dust containing asbestos fibers. These fibers can cause cancer and other diseases by remaining in the lungs or traveling to the lining of the lungs or the abdominal cavity.”

The California Air Resources Board identified asbestos as a toxic air contaminant with no safe threshold level in 1986.

“In general, people are not aware of the dangers of serpentine soil,” said Toby O’Geen, a soil scientist at the University of California, Davis. “I wouldn’t make a trail over it unless they import trail material. If they are laying down bicycle trails over crushed rock and soil and don’t put down a layer of topsoil, the risk may be much higher.” He added: “There’s no way to know how much of a problem you have unless you take samples.”

According to Neil Havlik, natural resources manager for the city of San Luis Obispo, the city hasn’t tested for asbestos at the site. Havlik said the state air resources board only requires asbestos testing when a grading project is larger than an acre. “My guess is there is asbestos there, but it’s far below the threshold,” Havlik said, adding that the construction of the bicycle skills park won’t require much below-ground work. “Asbestos is a concern in certain circumstances,” he explained. “Our expectation in this particular project is that the ground disturbance is very minor.”

However, according to the environmental impact study that’s part of the project report, one of the few potentially significant environmental impacts of the project is “substantial soil erosion or the loss of topsoil.” Due to a fire in the area in 1994, the mineral soil under the future location of the bicycle skills area has been exposed, Havlik said during the council meeting.

According to the 2009 asbestos study: “No one knows how many fibers are needed to cause lung cancer or other diseases. Heavy and frequent occupational exposures are more likely to cause the disease than are nonoccupational exposures; however, a lifetime of exposure to low levels is also recognized as a potential hazard. Environmental health scientists have suggested that children have a higher risk of exposure than adults in the same environment due to their faster breathing rates, time spent outdoors, and greater time for disease to develop.”

The 84-page report detailing the city’s plans for the Stenner Springs area mentions asbestos only twice: “Serpentine carries the risk of asbestos. Be sure to patrol erosion areas, as these areas are subject to asbestos.”

Both the study and the federal government’s Agency for Toxic Substances and Disease Registry advise people living or working near naturally occurring asbestos to “walk, run, hike, and bike only on paved trails and pave over unpaved walkways, driveways, or roadways that may have asbestos-containing rock or soil.” They also advise that recreational activity in serpentine soil in outdoor areas be restricted to “outdoor areas with a ground covering such as wood chips, mulch, sand, pea gravel, grass, asphalt, shredded rubber, or rubber mats.”