Secretary Shinseki – Please Notify Veterans There’s No Waiting List at the Zumwalt Mesothelioma Treatment Program in Los Angeles

Dear Secretary Shinseki,

Zumwalt Meso Treatment Program  The best medical plan  no veterans know about.

It’s upsetting to read the allegations in the news about secret wait lists, cover-ups, shabby treatment, premature deaths and a culture of apathy permeating the Department of Veterans Affairs.

What’s equally upsetting is letting veterans suffer and die with either no or minimal treatment even though a qualified medical team is standing by and eager to treat them.

For months now, patients and advocates (including Lt. Colonel James G. Zumwalt, USMC (Ret.)) have been entreating you and Under Secretary Petzel to simply notify patients and doctors within the vast VA network of the world-class treatment available to veterans suffering from mesothelioma as a result of service-related asbestos exposure. 

About a year ago, the VA Medical Center in West Los Angeles, California approved (but did not budget) the Admiral Zumwalt Mesothelioma Treatment Program. The program is headed up by Dr. Robert Cameron, a well-respected thoracic surgeon who has dedicated his life to the rational treatment of pleural mesothelioma, a cancer which disproportionately impacts US service veterans.

Dr. Cameron and his crew are eager to treat veterans. Unfortunately, despite multiple requests and promises, the VA has yet to perform the simple administrative task of  updating its website and other social media about the existence of the program--notices that would alert veterans suffering from mesothelioma to the high quality treatment which is available them. Neither the VA nor West LA VA websites even mention the program. Please see our letter to Dr. Dean Norman, Chief of Staff, VA Greater Los Angeles Healthcare System. 

"When a veteran is denied care, we are  all dishonored."  Barack Obama,  Aug. 2007.

The mesothelioma treatment team at the West LA VA Medical Center would love to have a list of veterans to treat. But there’s no list, no waiting list and no effort to educate our war heroes stricken with asbestos cancer that help is available.

You’ve read about the double digit number of veterans who have allegedly died while waiting to be treated.  We may never know how many veterans with mesothelioma have died after receiving no or sub-standard treatment. 

According to the popular literature, about 4,000 Americans are diagnosed with mesothelioma each year. Of those, roughly a third were exposed to asbestos while serving in the Navy. It’s not a stretch to surmise that at least 600 Navy veterans are diagnosed with mesothelioma every year--a diagnosis that carries a 9 month life expectancy with no treatment and 11-12 months with chemotherapy only.

Mesothelioma is a rare disease and few doctors are either interested or qualified to treat it with the full arsenal of options available.  It’s a beautiful thing that a world-renowned surgeon like Dr. Cameron is willing to treat veterans, but it’s sad that the VA has done nothing to help educate patients about his extraordinary talents.

Secretary Shinseki, how many vets have to die before this issue finally works its way up to the inbox in your office? We’ve been sending letters to Under Secretary Petzel as well as our representatives for several months. Now that he’s resigned in the wake of the Phoenix scandal, what will happen to those heart-felt letters from patients and their families? Who will read them? Anybody? And more importantly, what will the VA do?

Secretary Shinseki, please include  building the Zumwalt Meso Program in  your mission to  provide better and  more timely care to veterans.

Secretary Shinseki, we agree with you when you say that it’s your “mission” to provide quality care to each and every veteran. You say you’re “mad as hell” about recent allegations and vow “to do better.” With a budget of $164 billion, to your credit, you haven’t blamed the missteps on a lack of money. And you’re wise to investigate the nexus, if  any, between the waiting lists, which are a fact of life in modern patient management, and premature deaths.

But we are still waiting for a response. The request is simple: Will you please educate veterans and all caregivers within the VA system that the Zumwalt Mesothelioma Treatment Program is alive and well and eager to provide prompt, world-class treatment to veterans suffering from mesothelioma (without placing them on a long list!).

With new reports of the VA medical system’s failures capturing headlines every day, what better time to finally bring attention to an area where the VA has gotten it right!

Sincerely,

Roger G. Worthington
May 20, 2014

The family of former Veteran John Johnson has pledged to help 
fund the Zumwalt Meso Program at the West LA VA.

An Asbestos Decision That Disserves Our Vets

As Posted in the Huffington Post

by: Joanne DoroshowMay 8, 2014 

Asbestos is one of those lethal toxins that should not persist as a problem in this country, but it does. Companies still use it, workers are still exposed to it and 10,000 Americans still die from asbestos-related illnesses every year.

In January 2014, a new ruling was issued in an asbestos case involving Garlock Sealing Technologies. You may never have heard of this company, but anyone who has worked on a Navy ship or submarine probably has. Garlock made gaskets that contain asbestos, which are used in pipes and valves that transport hot fluids -- so hot, in fact, that the gaskets often disintegrate and require replacement. Sometimes by the time a worker gets to the asbestos gasket, it is "crushed" and "baked to the surface" and has to be pulled or torn off in "bits and pieces," as one worker explained in testimony. This creates dust. And the dust is inhaled.

Garlock is one of the world's largest asbestos-containing gasket and packing manufacturers. It has been a major player in the asbestos industry for decades, and was even a founder and member of the Board of Governors of the Asbestos Textile Institute, along with more well-known companies like Raybestos and Johns-Manville. Like all asbestos companies, it has known for decades that its asbestos was lethal. In the 1980s, Garlock warned companies that inhalation of airborne fibers from its gaskets could cause "well-known long term effects of Asbestosis, lung cancer and mesothelioma." Mesothelioma is a horrible lung disease that is always fatal, with most dying within 18 months. It was Garlock's mesothelioma victims who were involved in this new case. But in January, the judge -- in his first and only asbestos case -- decided to reduce by about 90 percent the amount Garlock owes its more than 4,000 Navy vets and other mesothelioma victims.

In order to support this incredibly harsh decision that could bring great suffering to many Navy vets who do not deserve it, the judge made findings and drew conclusions that no experienced asbestos judge has ever done, and which, in fact, strain credulity. He decided that Garlock was the victim of a decades-long campaign by asbestos victims and their attorneys to mislead court after court, concluding that the entire legal system in these cases -- where Garlock lost before juries and settled thousands of claims -- was "infected" by dying victims and their lawyers. These victims supposedly "abused" Garlock by duping the company's top-notch litigators in thousands of cases, as well as every other experienced judge in every case brought against Garlock. Not only that, the victims themselves, many of whom are veterans who served their country, must have knowingly participated in misleading the courts.

Common sense suggests otherwise. But so does overwhelming evidence. The judge grossly misstated the "science" around Garlock's asbestos and asbestos disease. He found that Garlock's asbestos, which workers inhaled, was not lethal even though the company's own incriminating documents say it is. So do the Occupational Safety & Heath Administration (OSHA), the Environmental Protection Agency (EPA), the International Agency for Research on Cancer (IARC) and the World Health Organization (WHO). Scientists believe that Garlock's asbestos is a significant cause of asbestos diseases; there is no safe level of exposure to asbestos. Yet the judge found none of this "probative," suggesting it proves nothing.

To cut compensation to these victims, the court said that it would ignore Garlock's past litigation record or the prior judgment of judges as guidance, suggesting that victims and their attorneys had tricked them all. This is absurd. The reason Garlock settled cases was not because of anything the victims and their lawyers did, but because of the crushing evidence against it. Perhaps nothing was more instructive than the jury verdict in the 2004 case brought by Robert Treggett, a nuclear trained machinist who, while serving in the Navy, repaired and maintained nuclear propulsion plant equipment, including Garlock gaskets. In the Treggett case, the jury awarded substantial punitive damages against Garlock, directed specifically at the company's conduct of "oppression." In the new case, however, the judge misstated the actual trial testimony of Mr. Treggett, claiming that Mr. Treggett said things he never said. This misstatement provided a basis for finding that his attorneys engaged in misconduct. It is one of the more deeply troubling aspects of this decision, and the reason behind this blatant misrepresentation remains entirely unclear.

This case has generated a good deal of reaction from the asbestos lobby, which is seeking legislation to limit industry liability and make it harder for dying asbestos victims to obtain compensation. However, the bottom line is this: at best this decision is an outlier that should not be the basis for any policy decisions. At worst, it raises disturbing questions about a decision that contradicts two decades of rulings by experienced judges, verdicts from juries throughout the country, the opinion of scientists for every regulatory agency in the nation, and Garlock itself.

Another Successful Event Helping Raise Meso Awareness

Michael Johnson (r) and his
family along
with Roger Worthington (l)

Dana Point, CA.  Mercy, mercy, mercy. What a day! The 8th annual Dana Point Grand Prix remained the premier event of the year, attended by thousands of cheering fans. Over 900 racers competed as well as over 425 youngsters in the action packed kids races.

As proud sponsors of the DPGP, which was held on May 4, Worthington & Caron could only take a deep breath and appreciate all the racers, bike fans, fellow sponsors and more importantly the enthusiasm and commitment of the Dana Point Community.

The weather was perfect, the course was perfect and the racing -- spectacular.

Roger with Gary and Suzie Morse

The John Johnson Pro Criterium (JJPC), the last race of the day lived up to it's billing as one of the fastest criteriums in the country.  This race, however, was more than a race -- it was more of a movement. 

Spearheaded by Michael Johnson (who competed in three races that day!) the JJPC was named in honor of Michael’s dad, John Johnson a Marine and plumber who was diagnosed with mesothelioma in 2011. John Johnson fought valiantly through his medical treatments and through the legal system before passing away from mesothelioma in 2012.

The JJPC was formed by the Johnson family to promote public awareness of mesothelioma which affects too many military veterans. The Johnson family has also helped fund a mesothelioma treatment center at the West Los Angeles VA Medical Center.  Worthington & Caron is proud to represent this honorable, brave and reverent family.

Scott and Lisa Hill with
their children

We were delighted to see several mesothelioma patients and there families at the JJPC, including Gary Morse.   Mr.Morse served in the United States Navy. Although scheduled to undergo surgery the next day with Dr. Robert Cameron at UCLA Medical, Gary and his lovely wife Suzie enjoyed the spills and thrills in the VIP tent.  It was great to see them enjoying their day in the sun. 

We were also pleased to see the family of Ron Hill, who served in the National Guard. Ron was at his home recovering from his recent surgery. His son Scott was having a great time with his family, who came down to support the Johnson family's campaign to draw attention to the need for more medical support of veterans with mesothelioma at the West LA VA.

W&C would like to again thank the City of Dana Point for supporting this bike race, festival and fundraiser for the past eight years.

All net proceeds from the race registration will be donated to charities, including the 5th Marine Regiment Support Group, The Boys and Girls Club, and the Dana Point Community Cycling Foundation.

$4M for Family with Patience, Faith and Determination

Larry Kinseth was 68 years old when he was diagnosed with mesothelioma in 2007. Seeking the best treatment, Larry met with oncologists at the Mayo Clinic in Minnesota as well as surgical oncologists in Los Angeles, California.  

Though his local physicians discouraged him from undergoing any type surgery, Larry thought he had to do whatever he could, and if that meant traveling a great distance, then he would do it. He would travel to the end of the world if need be. Any distance, no matter how far.

Time is also a measure of distance.

Time is something Larry’s family persevered through as they waited for the appropriate justice to be awarded.  Larry’s legal marathon began in January of 2008 in Wright County, Iowa.  It was then that his mesothelioma lawsuit was filed against over 30 defendants.  Before the date of his trial Larry passed away in January of 2009.

Over the next five years, there were trial dates set in July of 2012, September of 2012, February of 2013, May of 2013 each of which were continued by the courts.  Finally, this March a firm trial date was reached and the trial began. The lone defendant left in the lawsuit was Weil-McLain.

On April 25, a jury returned a verdict of $4 million dollars in compensatory damages. The Kinseth family’s patience was finally rewarded.  Although the time spent waiting for justice will never come close to healing the wound left with Larry’s passing, just knowing that the jury members and others following the lawsuit will realize the terrible injustices the asbestos companies have done to the working man and woman is of some comfort.

During Larry’s treatments, he faced many painful and uncomfortable days.  He never lost faith, not in his doctors nor his legal team. He always told himself, his family and his attorneys “there will always be obstacles, but know you have to get to the end.” 

The Kinseth legal team was made up of attorneys from Worthington & Caron and Simon, Greenstone, Panatier & Bartlett

Worthington & Caron Proudly Sponsors the 2014 Dana Point Grand Prix

Dana Point, CA. On Sunday, May 4 the city of Dana Point will host the 8th annual Dana Point Grand Prix (DPGP).

Worthington & Caron is proud to sponsor this event, which features the John Johnson Pro Criterium. 

The Grand Prix will feature 10 races from sun up to sun down, music, kids races, a craft beer tent, great food and a special tribute to the Johnson Family and their efforts to help establish the Zumwalt Mesothelioma Treatment Center within the Veteran's Administration. For the past four years, the DPGP has been touted as the biggest single day bike race in the U.S. The racing begins at 7 a.m. sharp.

The Johnson Family at the finish line of the
2013 John Johnson Pro Criterium

The John Johnson Pro Criterium promises to electrify an anticipated crowd of 15,000 fans lining a six turn course on Pacific Coast Highway in Dana Point. John Johnson was a veteran and plumber who was poisoned by asbestos, contracted mesothelioma, sought aggressive treatment, fought the legal fight, but ultimately succumbed to the disease. After his death, the Johnson family continued the fight by increasing public awareness of this horrible disease which disproportionately affects military veterans, by providing initial funding for a mesothelioma treatment center at the West Los Angeles VA Medical Center, and by pushing for changes in the law which impact the rights of all mesothelioma sufferers. 

We are honored to have the privilege of introducing the Johnson Family prior to the Pro race, which is the final event. John was the father of two sons, Michael and Ron Johnson, and the husband of an incredible wife, Sue Johnson.

Michael Johnson is a hard-charging cyclist who will again line up in the Pro Race which his family is sponsoring for the second year in a row. Michael is also a hard-charging advocate and source of information and support for mesothelioma patients and their families.

We also want to thank the City of Dana Point for championing this amazing bike race, festival and fundraiser for the past eight years. Orange and Los Angeles Counties have become notorious for the high incidence of bike fatalities due to driver negligence or manslaughter. We appreciate the City's efforts to make Dana Point bike friendly.

Once again there will be activities and events for all ages, including free youth races from ages four to 12 years old.

We hope to see you at the Party! All net proceeds from the race registration will be donated to charities, including the 5th Marine Regiment Support Group, The Boys and Girls Club, and the Dana Point Community Cycling Foundation.

Help Raise Money for Mesothelioma Research with an Exotic Mediterranean Feast & Cabaret Show!

Please join The Pacific Meso Center Saturday, May 3 at Byblos Mediterranean Restaurant in Westwood, California for an evening of delicious food, belly dancing and prizes to help raise money for mesothelioma research.

The evening will be hosted by mesothelioma patient and owner, Mikhaiel Mikhaiel along with The Pacific Meso Center. Mikhaiel was diagnosed with malignant pleural mesothelioma in November of 2013, and is glad to have this opportunity to raise money and awareness to benefit mesothelioma research.

Tickets are $25 and all proceeds will be donated to benefit important stem cell research conducted by The Pacific Meso Center’s laboratory at the Pacific Heart, Lung & Blood Institute.

“This evening gives people in the mesothelioma community a different bonding experience in a beautiful Mediterranean setting,” said the Pacific Meso Center executive director Clare Cameron. “We invite everyone to join us for a different, fun event, while helping to support our cutting-edge mesenchymal mesothelioma research program, to help those suffering from this devastating form of cancer.”

You can RSVP here, or contact Olga at (310) 474-8223, or via email at olgav@phlbi.org.

The Pacific Meso Center (PMC), a division of PHLBI, provides education, advocacy and research, for patients with malignant pleural mesothelioma, an asbestos- related cancer, affecting the lining of the chest, the pleura.

For more information, please visit Pacific Meso Center’s website. 

Monitoring Mesothelin Levels in Those Exposed to Asbestos Could Lead to Earlier Diagnosis of Mesothelioma

Cancer Researchers have long been searching for indicators that could hold the key to diagnosing mesothelioma at an early stage. Mesothelioma has a long latency period with initial asbestos exposures which occurred 20 to sometimes 50 years before the cancer develops. Typically, diagnoses occurs when the disease is late stage and therefore patients are presented with a poor prognosis.

In 2007, researchers out of Tokyo began a long term and large scale screening of construction workers and plumbers with a risk of asbestos exposure to determine whether the protein mesothelin (N-ERC/MSLN) could be used as an early detection method. N-ERC/MSLN is a protein present on normal mesothelial cells which line the internal organs and are present throughout the entire body, in mesothelioma and in some other forms of cancer, N-ERC/MSLN is over expressed.

The researchers screened 40,000 potential participants through a construction workers union and a national health insurance association who had a high risk of exposure to asbestos as a result of their occupations in construction and plumbing. Of the 40,000 participants, 62 were identified as being high risk for the development of mesothelioma due to elevated levels of N-ERC/MSLN in their blood.

The participants underwent annual blood tests to monitor N-ERC/MSLN levels. Out of the 62 participants, two have subsequently developed mesothelioma. The remaining participants will continue to be monitored with yearly blood tests.

Early detection can lead to earlier diagnosis of mesothelioma which could allow for earlier treatment. This in turn offers the potential for prolonged survival and better quality of life due to less invasive disease management.  Source