Mesothelioma is a form of cancer that's rare in the general population but all too common among workers exposed to asbestos. Here are some of the things we, as safety professionals, can do about the problem.

Why Mesothelioma Is Such an Urgent Problem

First and foremost, safety professionals need to be aware of what's happening out on the front lines. Mesothelioma is fast becoming one of the biggest occupational diseases that safety professionals of my generation have to contend with. The number of diagnosed cases and fatalities has been rising every year since 1999. This trend is expected to continue, possibly peaking in 2020.

To put the danger into perspective, consider that approximately 27.5 million workers in the U.S. alone were exposed to asbestos between 1940 and 1979. If you then add Canada, Europe, Australia and other developed countries that used asbestos regularly, the number of potential victims becomes staggering. And here's something else to think about. It's not just the worker who was directly exposed who's at risk. Think about the fibres that these workers brought home on their clothes and that went into the washing machine with the rest of their families' clothing.

Although we now know about the dangers of asbestos, there is still a massive amount of the stuff out there in existing commercial and residential buildings all over the world. For example, in the U.S., there are an estimated 30 million homes that still have asbestos insulation. To make matters worse, there are still lots of people who don't know how to properly identify, remove and dispose of asbestos.

Using Education to Combat Mesothelioma

In the fight against mesothelioma, education and awareness are crucial. As safety professionals, we spend a lot of our time educating our workers about new regulations, procedures, technologies, etc. But how many of us take the time to educate ourselves and talk to our workforces about deadly diseases like mesothelioma?

Asbestos is a perfect example. When it comes to asbestos, most safety professionals focus on what the regulations say and how to control exposure during removals. That's fine. But we also need to educate ourselves on mesothelioma. Only after we do that will we be in the position to relay this crucial information to the workers at our sites and plants. This way, maybe you and I can make a real difference. Maybe we can help save or at least prolong a life.

The Princess Margaret Hospital Initiative

I don't know what types of initiatives are being taken to fight this disease in the U.S. or in other countries, but I would like to describe an important one that is happening in my hometown of Toronto.

Dr. Michael Johnston, a thoracic surgeon at Princess Margaret Hospital, has developed a new treatment approach for individuals affected by mesothelioma. He and his team are achieving some promising results. So far, 369 volunteers have enrolled, and Dr. Johnston has had 33 patients undergo a full surgical procedure. Of those, 31 had all visible cancer removed. Twenty five of the patients went on to receive radiation therapy and three died from complications. In the patients whose tumours were completely removed, over 40 percent were alive and disease-free after four years.

The team's goal is to raise enough money to purchase a $2 million mobile CT scanner that would allow researchers to travel to jobsites and clinics throughout Ontario and other provinces where they would perform tests on persons who have been exposed to asbestos. Currently, such individuals must travel to Toronto to get tested.

Conclusion

I know safety professionals to be good people. We all have different causes that we care about. Mesothelioma has become a cause that affects me deeply. Until recently, I had no appreciation for the numbers of people on a global scale that have been and will continue to be affected by this horrible disease. I hope this brief series will acquaint you with what's going on. And, I hope you will share this information with your colleagues and workers who might benefit from it.

Finally, I want to thank you, fellow SafetyXChange members, for your time and wish you a happy holiday season. If you would like to learn more about mesothelioma and how you can get involved in the fight against it, please don't hesitate to contact me.

MESOTHELIOMA LITIGATION

Victims' Lawsuits

By Glenn Demby

Here's a brief overview of the rights of mesothelioma victims.

Statute of Limitations: Victims generally have 12 to 24 months from the date of diagnosis to file a lawsuit for damages, depending on the state or province they're in and the kind of lawsuit they're bringing.

The 4 Types of Lawsuits: Mesothelioma lawsuits are civil cases for damages brought under state (or provincial) tort law. Victims can bring one or more of the following kinds of claims:

1. Product Liability: This is a lawsuit against the manufacturer of the asbestos in which the victim claims that he suffered damage as a result of using a defective product. Since asbestos manufacturers often have the deepest pockets, this is typically the most appealing option. Many product liability suits are class actions brought by a group of like victims in a single, consolidated case.

2. Wrongful Death: This is a lawsuit in which the estate or family member of a victim who has passed away claims that the victim's death was the result of the defendant's negligence. Employers that the victim worked for when performing the work in which the asbestos exposure occurred are often defendants in mesothelioma-related wrongful death suits.

3. Worker Compensation: Not to be confused with workers' compensation, in this type of lawsuit, the victim sues the company that was responsible for exposure for damages suffered as a result of that exposure.

4. Professional Malpractice: This is a lawsuit against a medical practitioner or institution for failing to properly diagnose or treat the victim as a result of incompetence or negligence. Typically, the statute of limitations for malpractice is longer than for the other three claims.

PICKING A MESOTHELIOMA LAWYER

The growth of mesothelioma has created a multi-billion dollar mesothelioma litigation industry. So finding a law firm or lawyer willing to represent you is easy. (To find names, go to Google and search "Mesothelioma" "Lawyers"). The tricky part is picking the right lawyer. As with any other profession, some personal injury lawyers are better than others. Here are some questions suggested by the organization, ScamBusters.org to help you make a wise choice:

• How many mesothelioma cases have you personally handled?
• How many of these cases actually went to trial?
• How many were settled out of court?
• What were the results of each case you handled?
• Will you be handling my case personally? If not, who will be?
• If the person you're speaking to is not the person who will handle your case, make sure you meet the person who will and ask that person the same questions.
• How will expenses and attorney's fees be handled in this case?

ScamBusters also advises you to ask the lawyer how he or she intends to handle your case and how long it's expected to take. Last but not least, you should interview more than one lawyer before deciding which one to represent you.

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