Thursday, August 23, 2007
mesothelioma exposure
Prolonged exposure to asbestos and environmental exposure to asbestos caused mesothelioma risks increase dramatically, but recent study found even very short-term exposure to asbestos can cause the disease. Typically, mesothelioma need 20 to 40 years before showing symptoms, it is usually in the age between 50 to 70 were diagnosed of the disease.
Although the incidence in the past 20 years has increased, mesothelioma is still a relatively rare cancer. The United States each year there are about 2,000 new mesothelioma was diagnosed cases.
Mesothelioma claims
i. Their husbands' died in the late 1980's/early 1990's.
ii. All 3 widows went initially to their local personal injury solicitors who wrongly but crucially, probably not negligently, (in at least 2 out of the 3 cases), expressed doubts as to the prospects of succeeding. These doubts/advice were sufficient to put the Claimants off from continuing their claims. All the widows were told that they had difficult claims, some were told that they weren't very valuable.
iii. All 3 widows re-opened their claims promptly following the publicity surrounding the decision in Fairchild by contacting ourselves.
iv. All 3 were relatively young widows, 2 of whom had dependent children.
v. All 3 had high value claims but would have made then and now can still make a crucial difference to theirs and their families financial stability.
vi. All 3 cases were dealt with by senior and well respected Judges.
vii. All 3 could produce witness evidence of exposure to asbestos dust in breach of duty and/or negligence.
viii. All 3 claims were presented by David Allan Q.C.
ix. Two out of the three had to give evidence and be subjected to cross examination.
Although I won't go into detail about the Law, one of the leading cases Thompson -v- Brown says in summary that:
i. the Court will only disapply the limitation period where it is equitable to do so.
ii. The burden of showing that it is equitable to do so is on the Claimant. The Court must take account of all the circumstances pursuant to Section 33(3) of the Limitation Act 1980.
iii. The Court must consider that if limitation is not applied what the Claimant will lose will depend on the strength and value of his/her case.
iv. If the limitation provision is disapplied what the Defendant loses will depend on the strength of the case against it and the value of that case.
v. Finally, the Court should question whether or not there can be a fair trial.
Although, I consider that these 3 cases may well be helpful generally to industrial disease claims which are brought out of time I think there are some unique aspects to asbestos disease limitation cases.
Usually exposure to asbestos dust has taken place a long time ago generally between 20 and 40 years earlier than the death. This means that careful consideration has to be given as to what is the real prejudice to the Defendants in the Claimants' additional delay.
1. Have crucial witnesses died within the limitation period? Are witnesses still available to give evidence?
2. If documents have been destroyed what real difference will this have made? Personnel records are generally not of assistance since they do not record asbestos exposure generally. Are there other documents available? For example Industrial Injuries Disablement application or even a letter to the employer requesting assistance. Many people make applications for IIDB and the employer is asked about exposure at that time, this puts the Defendant on notice of the claim.
3. If other tortfeasors have gone out of business, when did they go out of business, was it prior to the Claimants dying? Did they have insurance anyway? Was there any greater chance of the Defendants finding the insurance during the limitation period than now?
Obviously, all 3 cases were difficult. We are absolutely delighted with the results for these widows who we consider deserved compensation. I believe it emphasises the importance of ensuring that asbestos disease cases go to asbestos disease specialists. The names of the cases are as follows
types of mesothelioma
Types of mesothelioma
There are 2 main types of mesothelioma
* Pleural mesothelioma
* Peritoneal mesothelioma
The pleural type grows in the tissues covering the lungs. The peritoneal type grows in the tissue lining the inside of the abdomen (tummy). Pleural mesothelioma is much more common than peritoneal mesothelioma.
Between 7 and 8 out of 10 (70-80%) cases of mesothelioma are pleural mesothelioma. Peritoneal mesothelioma is much less common, making up between 1 and 2 out of every 10 cases (10 - 20%).
Cell types
Mesothelioma is also grouped according to how the cells look under a microscope. When mesothelioma is grouped this way, there are 3 types
* Epitheloid
* Sarcomatoid or fibrous
* Mixed type (also called Biphasic type)
Between 5 and 7 out of 10 cases (50-70%) of mesothelioma diagnosed are the epitheloid type.
Between 7 and 20 out of every 100 cases (7 – 20%) of mesothelioma diagnosed are sarcomatoid type.
Between 20 and 35 out of every 100 cases (20 – 35%) of mesothelioma diagnosed are mixed and have both epitheloid and sarcomatoid cells.
These types of mesothelioma cells can further divide into other types of cancerous cells called
* Clear cell
* Small cell
* Acinar cell
* Tubopapillary cell
With so many different types of cells capable of developing into mesothelioma, it makes it very difficult to diagnose this disease.
epethelial mesothelioma
Epithelial mesothelioma is a rare and deadly form of cancer affects the membrane lining the chest cavity, heart, lungs and abdominal cavity. There are three forms of epithelial mesothelioma: the most common, pleural mesothelioma; the second most common, peritoneal mesothelioma (accounting for only a quarter of the cases) and the rarest form, pericardial mesothelioma.
The vast majority of epithelial mesothelioma cases are the result of asbestos exposure. Indeed, one of the most frustrating aspects of this type of cancer is that patients who develop it were generally exposed 15 to 40 years before hand, which often makes the time and place the disease was contracted difficult to determine.
The early symptoms of epithelial mesothelioma are subtle and somewhat general. Shortness of breath and chest pain are the most common early symptoms. It is because these symptoms are so generic that epithelial mesothelioma is rarely detected early on. Usually when its discovered it is already in an advanced stage and treatment options, particularly localized options such as surgery, are somewhat limited.
If the cancer is in a less advanced stage, aggressive surgery treatments can be sought. Aggressive treatments are treatments aimed at curing the mesothelioma or at least increasing the patients longevity. In some cases an extrapleural pneumonectomy can be performed to try to stop the spread of the mesothelioma.
However this operation is risky and many medical centers will not perform it because of its high mortality rate. Additionally this procedure involves removing an entire lung, as well as extensive epithelial tissue, thereby reducing the patients breathing capacity in half. Even when it is successful it rarely eliminates the mesothelioma, but rather only slows its progress.
Palliative surgery (surgery only aimed at alleviating symptoms) is an option at any stage of the disease. Usually this comes in the form of a "fine needle aspiration" or pleural tap. A pleural tap involves injecting a long needle into the chest or abdomen cavity and draining the pleural space of fluid build up. This procedure may greatly reduces symptoms associated with mesothelioma.
Radiation therapy and chemotherapy are other options. Both are systemic treatments and have the draw back of affecting surrounding tissues as well as cancerous tissues. Radiation therapy is often used in combination with surgery treatments as a way of attempting to remove cancerous growth that could not be removed through surgery. Chemotherapy still has not proved very effective against epithelial mesothelioma but doctors and researcher continue to experiment with new techniques.Epidemiology
Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. The incidence is approximately one per 1,000,000. For comparison, populations with high levels of smoking can have a lung cancer incidence of over 1,000 per 1,000,000. Incidence of malignant mesothelioma currently ranges from about 7 to 40 per 1,000,000 in industrialized Western nations, depending on the amount of asbestos exposure of the populations during the past several decades. It has been estimated that incidence may have peaked at 15 per 1,000,000 in the United States in 2004. Incidence is expected to continue increasing in other parts of the world. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age. Approximately one fifth to one third of all mesotheliomas are peritoneal.
Between 1940 and 1979, approximately 27.5 million people were occupationally exposed to asbestos in the United States . Between 1973 and 1984, there has been a threefold increase in the diagnosis of pleural mesothelioma in Caucasian males. From 1980 to the late 1990s, the death rate from mesothelioma in the USA increased from 2,000 per year to 3,000, with men four times more likely to acquire it than women. These rates may not be accurate, since it is possible that many cases of mesothelioma are misdiagnosed as adenocarcinoma of the lung, which is difficult to differentiate from mesothelioma.
Pathophysiology
Pleural contamination with asbestos or other mineral fibres has been shown to cause cancer. Long thin asbestos fibers (blue asbestos, amphibole fibers) are more potent carcinogens than "feathery fibers" (chrysotile or white asbestos fibers). However, there is now evidence that smaller particles may be more dangerous than the larger fibers. They remain suspended in the air where they can be inhaled, and may penetrate more easily and deeper into the lungs. "We probably will find out a lot more about the health aspects of asbestos from [the World Trade Center attack], unfortunately," said Dr. Alan Fein, chief of pulmonary and critical-care medicine at North Shore-Long Island Jewish Health System. Dr. Fein has treated several patients for "World Trade Center syndrome" or respiratory ailments from brief exposures of only a day or two near the collapsed buildings.
Mesothelioma development in rats has been demonstrated following intra-pleural inoculation of phosphorylated chrysotile fibres. It has been suggested that in humans, transport of fibres to the pleura is critical to the pathogenesis of mesothelioma. This is supported by the observed recruitment of significant numbers of macrophages and other cells of the immune system to localised lesions of accumulated asbestos fibres in the pleural and peritoneal cavities of rats. These lesions continued to attract and accumulate macrophages as the disease progressed, and cellular changes within the lesion culminated in a morphologically malignant tumour.
Experimental evidence suggests that asbestos acts as a complete carcinogen with the development of mesothelioma occurring in sequential stages of initiation and promotion. The molecular mechanisms underlying the malignant transformation of normal mesothelial cells by asbestos fibres remain unclear despite the demonstration of its oncogenic capabilities. However, complete in vitro transformation of normal human mesothelial cells to malignant phenotype following exposure to asbestos fibres has not yet been achieved. In general, asbestos fibres are thought to act through direct physical interactions with the cells of the mesothelium in conjunction with indirect effects following interaction with inflammatory cells such as macrophages.
Analysis of the interactions between asbestos fibres and DNA has shown that phagocytosed fibres are able to make contact with chromosomes, often adhering to the chromatin fibres or becoming entangled within the chromosome. This contact between the asbestos fibre and the chromosomes or structural proteins of the spindle apparatus can induce complex abnormalities. The most common abnormality is monosomy of chromosome 22. Other frequent abnormalities include structural rearrangement of 1p, 3p, 9p and 6q chromosome arms.
Common gene abnormalities in mesothelioma cell lines include deletion of the tumor suppressor genes:
* Neurofibromatosis type 2 at 22q12
* P16INK4A
* P14ARF
Asbestos has also been shown to mediate the entry of foreign DNA into target cells. Incorporation of this foreign DNA may lead to mutations and oncogenesis by several possible mechanisms:
* Inactivation of tumor suppressor genes
* Activation of oncogenes
* Activation of proto-oncogenes due to incorporation of foreign DNA containing a promoter region
* Activation of DNA repair enzymes, which may be prone to error
* Activation of telomerase
* Prevention of apoptosis
Asbestos fibres have been shown to alter the function and secretory properties of macrophages, ultimately creating conditions which favour the development of mesothelioma. Following asbestos phagocytosis, macrophages generate increased amounts of hydroxyl radicals, which are normal by-products of cellular anaerobic metabolism. However, these free radicals are also known clastogenic and membrane-active agents thought to promote asbestos carcinogenicity. These oxidants can participate in the oncogenic process by directly and indirectly interacting with DNA, modifying membrane-associated cellular events, including oncogene activation and perturbation of cellular antioxidant defences.
Asbestos also may possess immunosuppressive properties. For example, chrysotile fibres have been shown to depress the in vitro proliferation of phytohemagglutinin-stimulated peripheral blood lymphocytes, suppress natural killer cell lysis and significantly reduce lymphokine-activated killer cell viability and recovery. Furthermore, genetic alterations in asbestos-activated macrophages may result in the release of potent mesothelial cell mitogens such as platelet-derived growth factor (PDGF) and transforming growth factor-β (TGF-β) which in turn, may induce the chronic stimulation and proliferation of mesothelial cells after injury by asbestos fibres.
Mesothelioma claims and diagnosis
If cytology is positive or a plaque is regarded as suspicious, a biopsy is needed to confirm a diagnosis of mesothelioma. A doctor removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples.
If the cancer is in the abdomen, the doctor may perform a laparoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.
Screening
There is no universally agreed protocol for screening people who have been exposed to asbestos. However some research indicates that the serum osteopontin level might be useful in screening asbestos-exposed people for mesothelioma. The level of soluble mesothelin-related protein is elevated in the serum of about 75% of patients at diagnosis and it has been suggested that it may be useful for screening.
Staging
Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.
Signs and symptoms
Symptoms of peritoneal mesothelioma include weight loss and cachexia, abdominal swelling and pain due to ascites (a buildup of fluid in the abdominal cavity). Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.
These symptoms may be caused by mesothelioma or by other, less serious conditions.
Mesothelioma that affects the pleura can cause these signs and symptoms:
* chest wall pain
* pleural effusion, or fluid surrounding the lung
* shortness of breath
* fatigue or anemia
* wheezing, hoarseness, or cough
* blood in the sputum (fluid) coughed up
In severe cases, the person may have many tumor masses. The individual may develop a pneumothorax, or collapse of the lung. The disease may metastasize, or spread, to other parts of the body.
Tumors that affect the abdominal cavity often do not cause symptoms until they are at a late stage. Symptoms include:
* abdominal pain
* ascites, or an abnormal buildup of fluid in the abdomen
* a mass in the abdomen
* problems with bowel function
* weight loss
In severe cases of the disease, the following signs and symptoms may be present:
* blood clots in the veins, which may cause thrombophlebitis
* disseminated intravascular coagulation, a disorder causing severe bleeding in many body organs
* jaundice, or yellowing of the eyes and skin
* low blood sugar level
* pleural effusion
* pulmonary emboli, or blood clots in the arteries of the lungs
* severe ascites
A mesothelioma does not usually spread to the bone, brain, or adrenal glands. Pleural tumors are usually found only on one side of the lungs.
What is Mesothelioma?
Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking.