Asbestos News Roundup: 12.29.11

December 29th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Settlements

Everett, WA: A group of firefighters from Everett who filed a lawsuit alleging they were exposed to asbestos during their training, have won a major victory. As settlement of the lawsuit, the firefighters will receive specialized health monitoring, something they have sought for years.

Firefighter Eric Coston told , “We risk our lives for the citizens. We don’t ask any special treatment, we just want to be taken care of.”

The firefighters became concerned about asbestos exposure when, in 2007, during routine training, they went into old building that was scheduled for demolition, and which may have contained asbestos. “They went in there with their chainsaws and their axes, they cut up these buildings, pretending that they were on fire,” Coston said. He raised the firefighters’ concerns with the City of Everett but was surprised by the lack of concern from the city. “We expect the city would have our back, and in this case, they didn’t,” he says. “We had to push the issue just to take care of these members that were exposed.”

So the firefighters filed a $9 million claim, but recently the city agreed to set up a health monitoring program, as originally requested by the firefighters, so the lawsuit was dropped.

“The agreement addresses the issues raised by the firefighters,” a city spokesperson said in a prepared statement. “The city is always interested in the well-being of its employees. The city feels the settlement is fair.”

Under the agreement, the firefighters will be able to get the medical tests needed for the rest of their lives. That’s an important detail, they say, because symptoms of asbestos mesothelioma can take decades to manifest. “This has been a 4 1/2-year marathon to get this taken care of,” Coston said. The agreement only covers firefighters in the original complaint. (komonews.com)

Asbestos Hot Spots

Little Rock, AR: The Environmental Protection Agency (EPA) recently held a community meeting with residents of North Little Rock to advise them of possible asbestos contamination in the city park and their homes.

The EPA reportedly said that they are testing Conley Park and the Former North Little Rock Auto Salvage yard for asbestos. The salvage yard has not been in operation since 1989, but between 1953 and 1989 it was a vermiculite processing facility. Vermiculite is a common mineral compound used as an insulator. It was mined at the infamous WR Grace vermiculite mine in Libby, Montana, where hundreds of people have subsequently become ill or died from asbestos exposure and related disease.

The vermiculite processed in North Little Rock came from a mine in Libby, Montana.

“We’ve found some contamination on site. Some asbestos contamination on site and we found some off site as well,” says Althea Foster, of the EPA. The agency is reportedly taking more samples currently, and will be followed by removal of contaminated soil. (todaysthv.com)

Off-the-Rack Gift Cards Newest Scam Target

December 23rd, 2011. By AbiK

Desperate for a holiday gift? No clue what they want? That’s when that strategically placed rack of gift cards in whatever store you’re in is like manna from heaven. It’s a plastic mall at your fingertips: Starbuck’s! Macy’s! Bed, Bath & Beyond!—even Cracker Barrel! The teacher, in-laws, crossing guard, and third cousin once removed? Gotcha covered.

Ah, but now there’s a gift card scam that’s going ’round and these gift card displays are the perfect target. Gift card scammers simply scan or copy the account number that’s visible on the backs of most gift cards. Then they put the card back on the rack and wait for someone to purchase it and, therefore, activate it. Once the card is activated, it’s currency. And that’s when the scammer goes online and shops a go-go.

Of course, most gift cards have a PIN number as well on the back of the card. But unless that PIN is hidden behind the packaging, it can be difficult to tell at first that the card has been tampered with. If the gift card PIN is only hidden by a scratch-off coating, all the scammer has to do is scratch it off—and how often have you picked up a gift card in a hurry and not really looked closely at the back of it?

Here’s how to avoid getting gift card scammed yourself:

1. Save the receipt. As with any purchase, your receipt is your proof of purchase (and proof of rightful owner). Most stores will replace the purchased balance of a lost or stolen gift card–but you need that receipt.

2. Look closely at the back of the gift card. If the card is in anyway damaged, or the PIN has been revealed, don’t buy it.

3. Go for e-certificates. Many retailers now offer the option online to purchase email gift certificates. Most will also offer you the option to either email the gift certificate directly to the recipient, or print it out to deliver in person.

Bottom line is remember: what’s convenient for you is probably also convenient for a scammer. Buyer beware. And happy holidays everyone!

Asbestos News Roundup: 12.22.11

December 22nd, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuit

St. Clair County, IL: An asbestos lawsuit has been filed by Larry Southerland naming 22 defendant corporations which, he alleges, caused him to develop lung cancer.

In his lawsuit, Southerland states that he worked as a drywall installer in the Atlanta area at Garner Drywall from 1974 until 1980 and as a drywall installer at Davco Construction from 1980 until 1993. It was during this time and while working at these companies that he claims he was exposed to asbestos-containing products. The lawsuit states that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the Southerland’s safety.

As a result of his asbestos-related disease, Southerland became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he alleges in the lawsuit .

In his five-count complaint, Southerland is seeking a judgment of more than $50,000, compensatory damages of more than $100,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just. (madisonrecord.com)

Asbestos Settlement

Seattle, WA: A jury has awarded an 84-year-old man from Vashon Island, Washington, a $1.45 million settlement in his asbestos lawsuit. The jury hearing his case ruled that Roger Hammett’s employers were responsible for his asbestos exposure and therefore liable for his developing asbestos-related mesothelioma. Hammett has been given less than a year to live.

According to news reports, Hammett worked as a messman on board the SS Seattle 45 years ago, during which time he alleges he breathed asbestos fibers from pipe insulation, which ultimately led to his development of asbestos mesothelioma.

Three years ago Hammett sought medical attention, believing he was suffering from asthma. However, after collapsing while gardening, he was told he had terminal asbestos-related disease. (KOMO News)

Attorney Kristine Havlik: Wills for Heroes is Rewarding Pro Bono Work

December 20th, 2011. By BrendaC

Milwaukee wills and estates lawyer, Kristine Havlik is sending out a clarion call to lawyers in all parts of the state of Wisconsin to share their valuable time to help prepare wills for the first responders who risk their lives each day in the service of others. Havlik, who is senior counsel with the firm of Foley & Lardner, helped establish the Wills for Heroes program in Wisconsin in 2009. Since then, the pro bono wills & estates clinics have prepared more than 1,000 estate planning documents for firefighters, police officers and other emergency personnel and their families.

The Wills for Heroes Foundation was originally the brainchild of Anthony Hayes, a partner with the Columbia, South Carolina firm of Nelson, Mullins, Riley & Scarborough, conceived of in the aftermath of the September 11th, 2001 attack on the Twin Towers. Since then the program has branched out to 27 states across the U.S. Its mission to is help “those who serve us” by providing free preparation of wills, living trusts, powers of attorney and other important estate documents to qualified persons serving in the military or as civic first responders.

Although the numbers may not be exact, it is estimated that 80 to 90 percent of these individuals do not have estate plans in place and the need to help them is a great according to Havlik.

Apart from the cost, there seem to be two barriers. The first is logistical, the second is psychological. “They work some unusual hours, it is not necessarily 9 to 5” explains Havlik. “It may be difficult for them to find the time to come in and meet with an estate planning attorney.”

“The second reason is that preparing estate documents may put into perspective the real dangers of their occupation and there may be some real fear of dealing with that,” she adds.

She specifically recalls a young man who had signed up to serve with the military after 9-11 and then went on to join the police department in Milwaukee. He brought his wife and baby in to sign estate documents. “He’d never had a will,” says Havlik.

Over the last two years Havlik has trained 500 lawyers to prepare wills and estates at free clinics in the Milwaukee, Madison and Green Bay areas of Wisconsin. “We are hoping to launch in northern and western Wisconsin and it is there that we’re struggling to find lawyers to take this on and go with the program,” says Havlik.

Havlik has recently been helping a colleague at the Foley & Lardner office in Tampa to establish a Wills for Heroes program in Florida.

Havlik’s leadership has been recognized in this area with both the Gordon Sinykin Award of Excellence (2010), an award that recognizes attorneys for their work on an individual law related education or public service project, and the coveted Milwaukee Bar Association Pro Bono Publico Award (2011). In addition, Ms. Havlik was named to the 2006, 2007 and 2008 lists of Wisconsin Super Lawyers–Rising Stars for her estates & trusts and tax & individual planning work.

Kristine L. Havlik, University of Virginia 1999, is senior counsel of Foley & Lardner LLP, Milwaukee. She is a founding volunteer and major advocate of the State Bar’s Wills for Heroes program.

Hair Restoration Society Issues Statement on Propecia Sexual Dysfunction

December 16th, 2011. By AbiK

We were waiting for this one. The International Society of Hair Restoration Surgery (ISHRS)—yes, there is such an organization—issued a press release earlier this week to state its position on the claims of Propecia sexual dysfunction that have been swirling around.

The ISHRS aims to quell concerns over reported Propecia side effects—namely those regarding sexual dysfunction, loss of sexual interest, and claims of infertility—by stating that there have been “no evidence-based data substantiating the link between finasteride and persistent sexual side effects after discontinued use of the drug in numerous, double blinded, placebo controlled studies conducted evaluating the use of Propecia 1mg for hair loss.”

Additionally, the ISHRS states that anecdotal reports of adverse events (as in erectile dysfunction) “should not define the safety and effectiveness of this drug”. Such a statement is reminiscent of that line about a disease being “rare” until you’re the one affected by it. True, some random report from a guy on Propecia having sexual difficulties is not perhaps indicative of a large-scale problem or cause for alarm. Unfortunately, though, the anecdotal reports are more than just a few one-off’s, and they are a cause of concern for the men who report them.

Propecia Erectile Dysfunction AERS Reports

According to drugcite.com–a website that aggregates data from the FDA Adverse Event Reporting System (AERS), there have been 363 adverse events reported to the FDA for Finasteride (Propecia and Proscar). Of note, the most common reported Finasteride adverse event is erectile dysfunction.

The numbers seem low at first glance, but hair loss and sexual dysfunction don’t tend to be topics that anyone really wants to “come out” about and certainly not call attention to. And that raises the question of underreporting—could it be that due to the nature of the side effects not too many men really want to come forward and first, admit there is a problem to themselves, and then take it a step further and officially report it?

Given the upward trend of AERS reports from 2009 to 2011, one can only surmise that as more information regarding Propecia sexual side effects has hit the mainstream media—for example, the recent story in Men’s Health magazine—perhaps the stigma of talking about it has been reduced a bit (“see honey, it’s not me—it’s that hair loss drug I’ve been on…“).

Propecia, Sexual Dysfunction and the Middle-Aged Man?

Of note, the ISHRS release mentions that sexual dysfunction can be hard (no pun there) to assess—after all, there are numerous factors that can contribute to such problems: “nicotine, alcohol, prescription medications, stress, anxiety, fatigue and depression”. And, according the the release which quotes a 2006 study in the Archives of Internal Medicine, incidence of erectile dysfunction in middle-aged or older men in the general population can be as high as 49%.

That make sense—except when you look at the anecdotal reports from Propecia users (some of which are on LawyersandSettlements.com) and see that the victims can be rather young—in their 20’s and 30’s, some even as young as 19. So not quite in that “middle-aged or older” group.

According to AmericanHairLoss.org, “Approximately twenty five percent of men who suffer with male pattern baldness begin the painful process before they reach the age of twenty-one.” The ISHRS itself states on its site that “Hair loss in men is likely to occur primarily between late teen-age years and age 40-50″—if so, it would appear that the statistic of E.D. occurring in potentially 49% of middle-aged or older men is somewhat irrelevant.

Anecdotal Propecia AERS Reports Lead to Task Force

Perhaps the most telling aspect of the ISHRS press release is the announcement that the organization has formed a task force to review the anecdotal reports of sexual dysfunction among certain Propecia users. While it’s certainly the responsible thing to do, it also somehow validates that there is growing concern over the drug’s potential for harmful side effects.

According to the release, the ISHRS has also reached out to “dermatologists, hair loss physicians, urologists, endocrinologists and sexual medicine specialists” to be a part of the task force and share their data and experiences with finasteride in a “fact-based manner”.

Undoubtedly there will be more to come—Propecia lawsuits included.