Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

A story published last week in the Daily Press, which serves Newport News, Virginia, reports a new approach to litigation on behalf of mesothelioma victims injured by asbestos exposure on the job. The story involves Stanley Morton, who worked in the shipyard for 33 years as an electrician. He contracted mesothelioma in 2005 after being exposed to asbestos fibers throughout his career, and died at age 72 in 2007. His family sought compensation from Exxon (now Exxon-Mobil) – the company that owned some of the ships Morton worked on – instead of any parts suppliers, a groundbreaking departure from the usual path for such suits.

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A news report from BBC Radio estimates up to 100,000 people could die of mesothelioma in the UK within the next 20 years. An expert interviewed for the story says mesothelioma, a deadly cancer that affects the lining of the lungs, is the “biggest public health disaster the world has ever seen.”

BBC reporter Andrew Hosken talks to people in northeast England, a heavily industrialized area where the rate of mesothelioma has been steadily increasing. It is believed most meso victims in this area were exposed to asbestos through their jobs in ship building and steel manufacturing.

Listen to the BBC Report.

The deadline is approaching to file for Zonolite Attic Insulation (ZAI) claims against the insulation manufacturer W.R. Grace. According to the Grace Bankruptcy Claims Information Site, to preserve a claim against W.R. Grace & Co. and related entities, all persons and entities with ZAI claims must file on or before Oct. 31, 2008. This ruling affects property-related claims that could include the cost of abatement or removal, the diminution of property value, economic loss or other property-related claims allegedly caused by ZAI manufactured by Grace.

According to the site, ZAI is a loose-fill, non-roll vermiculite home attic insulation that may contain naturally occurring asbestos.  It was sold from the 1920/1930s to 1984, and it was sold or manufactured by Grace under the brand name of “Zonolite Attic Insulation” and under other brand names, including: Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofil, Quiselle Insulating Fill, Sears Micro Fill, Ward’s Mineral Fill, Wickes Attic Insulation, Attic Plus, Mica Pellets Attic Insulation, Unifil and Cashway Attic Insulation.

ZAI may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. ZAI may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation.

There is a helpful Question & Answer page on the W.R. Grace Bankruptcy Claims Information site.

BEASLEY ALLEN IS NOT INVOLVED IN THE ZONOLITE LITIGATION. THIS INFORMATION IS MERELY PROVIDED AS A SERVICE TO THOSE WITH ZONOLITE INSULATION. TO LEARN MORE ABOUT FILING A ZAI CLAIM, PLEASE VISIT THE GRACE BANKRUPTCY CLAIMS INFORMATION SITE at www.graceclaims.com to download the forms necessary to file your claim.

In a news release dated Sept. 30, the U.S. Environmental Protection Agency (EPA) announced it was fining the Los Angeles Department or Water and Power (LADWP) just over $9,000 for violations of the Clean Air Act asbestos regulations. In the release, the EPA says the city agency demolished structures without propertly notifying the EPA.

Although the LADWP owned the structures, located near Niland, Calif., government regulations still require that the EPA be notified of demolition before it occurs, in compliance with the Natural Emissions Standards for Hazardous Air Pollutants regulations for asbestos.

The measure is in place as a precaution, to avoid accidentally releasing harmful asbestos fibers into the air, says Deborah Jordan, director of the Air Division for the EPA’s Pacific and Southwest region. She is quoted as saying, “We can avoid creating a public health threat from airborne asbestos by following the safeguards required by law.”

The inhalation of asbestos can cause serious illness including asbestosis and mesothelioma, a deadly cancer affecting the lining of the lungs and abdomen.

The news release did not report any danger as a result of the building demolition.

Alfacell, manufacturer of the leading mesothelioma drug ONCONASE, has announced that it has hired financial advisor Oppenheimer & Co. to assist in the company’s “pursuit of available strategic alternatives to enhance shareholder value,” including a possible sale of the company.

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Alimta, a medication manufactured by Eli Lilly & Co., which has been used for some time now in the treatment of malignant mesothelioma, has recently been approved as a first-line treatment for lung cancer.

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Results of a recently completed study reveal a possible genetic predisposition to developing asbestos related diseases, including mesothelioma and asbestosis. Findings were published August 7 in BMC Genomics, an open access journal publishing original peer-reviewed research articles in all aspects of gene mapping, sequencing and analysis, functional genomics, and proteomics.

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Plans to expand Middle Park High School in Granby, Colorado, were delayed this summer when construction crews found more asbestos than expected during renovation work on the existing facility. The Sky-Hi Daily News, which covers Granby along with Winter Park and other cities in the region, says crews planned asbestos abatement as part of a 12-week project, but uncovered asbestos in vinyl flooring, which they had not anticipated.

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Officials in the town of Dundee, New York, are assuring residents a ball field located adjacent to the International School there is safe for young people to play on, despite an asbestos abatement project underway inside the nearby buildings. A Wiffle ball field was recently created on the site when residents in a nearby town objected to the commotion from an existing field near their houses, according to a report in the Greenwich Post.

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An Illinois power company recently obtained permission from the Illinois Environmental Protection Agency to try to remove chunks of asbestos and asbestos particles from sand dredged from a canal that draws water from Lake Michigan. This is the latest in a series of concerns about asbestos that wash up onto Illinois shores, including Illinois Beach State Park, dubbed Asbestos Beach by environmental watchdog groups.

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