Marine Veteran Dies of Lung Cancer Caused by Iraq Burn Pit
Posted by Jon@SokoloveLaw in Lung Cancer, Veterans on March 2, 2010
A United States Marine Corps veteran, Sgt. Klayton Thomas died from lung cancer that he, his family, and his doctors all believe was the result of his exposure to “burn pits” during his overseas deployment to Iraq in 2007. Sgt. Thomas was a 25-year-old resident of Columbus, Nebraska, who rarely drank, never smoked, and came from a home where neither parent smoked cigarettes. In September 2009 Klayton began to suffer from back aches and pains. He didn’t know at the time that he was suffering from the spread of lung cancer throughout his body and specifically in his spinal cord. The aggressive cancer spread throughout his entire body, including his hips, shoulder blades, and eventually his brain. Three months after his diagnosis, Klayton Thomas passed away in hospice care.
The term “burn pit” pertains to any designated area on a base, that a US-contracted firm/company disposes of all trash and undesired materials by means of burning. These “burn pits” exist all over American bases and defensive positions in places like Iraq and Afghanistan. They are enormous landfills where all materials, supplies, and trash are burned by civilian employees and military members. The resulting effects are huge plumes of black toxic smoke rising over American bases overseas that turn the sky black, and pollutes the air our service-men and women breathe in everyday while serving in these battle zones. Burn pits just like the one described here existed where Sgt. Thomas was stationed, at al-Taqaddum Air Base (UMSC), Iraq in 2007. He remembered that at times the sky would get so black and thick with smoke that he would choke, and gasp for air.
What was originally supposed to be a temporary solution to excess trash and waste disposal problems of American troops in foreign countries became a common practice. Incinerators and proper disposal methods were to be constructed on American bases, but defense contractor corporations preferred to keep burning hazardous materials such as plastics, batteries, old weapons, and ruined machinery. They did this because it was cheaper, and they could save money by utilizing quick and easy disposal methods. Military health officials ignored or were somehow unaware of the dangerous activity going on across military bases in the Middle East. Evidence by other military officials has concluded that the truth behind such health hazards were buried and intentionally ignored to protect private defense firms operating overseas.
On November 6, 2009 the burn pit movement appeared before Capitol Hill, with testimony claiming that current veterans suffering from respiratory illnesses all originated from exposure to burn pits in Iraq and Afghanistan. The Chief allergist of a New York Veteran’s Administration hospital testified that “Americans who deploy to Iraq were twice as likely as other veterans to develop respiratory illnesses” according to his four year study on the issue. Testimony from other medical professionals stated that “burning rubber, plastics, and asbestos – all of that or any of it could contribute to the development of a cancer.” Since December 2008, more than 300 service members and contractors across 42 states have joined in multi-million dollar lawsuits, which claim that burn pits run by military contractors are responsible for their current health problems. This story, and the stories of hundreds of other 21st century veterans is reminiscent of the military service related asbestos exposure that plagued veterans of generations past in the United States.
On December 16, 2009 the American military’s senior health protection official, Craig Postlewaite stated for the first time, the connection between burn pits and the serious health problems that it has caused. The Department of Defense is currently launching a more comprehensive study of the situation, which will hopefully “cement” the connection between burn pits and troops who are suffering from all sorts of illnesses and cancers. Incinerators have begun to be employed in bases all across Iraq and Afghanistan as a result of the DoD’s findings. But, for some it is too late. Klayton Thomas died two days after Christmas, and was laid to rest in early January 2010. His parents have since become very active in burn pit awareness and legislation. His mother, Connie Thomas, has stated “I have no doubt, that burn pits killed my son.”
“Why Did Sgt. Thomas Die?” by Matthew Hanson Omaha World Herald
http://www.omaha.com/article/20100221/NEWS01/702219907
Mesothelioma Patients Can Fight Fatigue with Food
Posted by Suzanne@SokoloveLaw in Mesothelioma, Nutrition on February 25, 2010
Fatigue, or extreme tiredness, goes way beyond your typical “mid-afternoon slump.” We’ve all felt like we need a nap from time to time. Fatigue from cancer treatment is different. This is a bone-weary, crushing sense of tiredness. It feels as if you simply cannot take another step or get out of the chair.
Many things can cause fatigue during treatment for mesothelioma. The treatments themselves can cause tiredness. If you are living with mesothelioma and it is making it difficult to breathe, this can make fatigue worse.
Some people experience anemia during treatment. Anemia reduces the ability of your blood to carry oxygen throughout the body. With less oxygen to fuel muscles, you feel tired and weary.
If you are so tired that you can’t complete your daily activities at all, talk to your doctor. If your fatigue is due to an underlying medical cause, your doctor can help.
Nutrition Helps
Even with the best medical management, fatigue can be worsened by not eating enough or eating the wrong foods. By focusing on good nutrition, you can give your body the energy it needs to function at it’s best. The following ideas will get you on track for fueling your body right.
Nutrition Tips for Energy
- Drink plenty of fluids. Dehydration worsens fatigue.
- Aim for at least 8 cups of fluid each day. Try water, tea, or water 100% fruit juice diluted with a bit of water. If you have a fluid restriction, ask your doctor how much fluid you should have each day.
- Avoid drinking regular soda. It is loaded with sugar. This may give you “quick energy,” but it will make you more tired in the long run.
- If you are not losing weight, do not overeat for energy. This can cause excess weight gain. Carrying around extra weight will worsen fatigue
- If you find you cannot eat due to stress, depression, anxiety, or other emotions talk to your medical team right away. They can give you information on how to manage stress. Your medical team can put you in contact with a counselor, a support group, or another mental health care provider if you’d like.
- Avoid snacking on candy, soda pop, cakes, donuts, baked goods, cookies, pies and other dessert foods. These high-sugar foods may give a quick “energy boost”, but you will feel worse once this wears off.
- Have some protein or some healthy fat, such as nuts or seeds, with each meal and snack. Protein and fat give you longer-lasting energy. For example, try eating a piece of fruit plus a handful of nuts. Or try fruit with cottage cheese.
- Focus on protein. Your body needs protein to repair and heal itself. Protein also is needed to build up your immune system and your blood cells. Protein-rich foods include eggs, chicken, fish, meat, yogurt, cottage cheese, nuts and seeds, and peanut butter.
And don’t forget to talk to your health care team about extreme tiredness. If your fatigue has a medical cause, such as anemia, there may be medications that can help!
Asbestos in U.K. schools still a danger
Posted by Mellissa@SokoloveLaw in Exposure on February 24, 2010
A new report on asbestos in U.K. schools states many do not have adequate safety precautions and management systems in place. An alarming statistic of “3 out of four schools contain asbestos” per the Asbestos Testing and Consultancy Association report. They are calling for increased awareness about the dangers of asbestos and safeguards for the students, parents and teachers.
The current policy is to leave unexposed asbestos in place instead of removing it. Asbestos is believed to be safe if contained and not exposed. When asbestos is exposed it can be released into the air and cause long term health issues including mesothelioma, lung cancer and other asbestos-related diseases. 92 teachers and lecturers died from asbestos-related illnesses between 2001 and 2005 according to the National Union of Teachers. Advocates feel strongly action needs to be taken to remedy the current situation.
There are strict guidelines in place on managing asbestos in the schools, but unfortunately the schools are lacking resources to follow the standards. 16 schools were inspected and none were fully complaint with the current asbestos regulations. The report states only four had “adequate standard of asbestos management.” More concerning was the statement that half the schools inspected showed asbestos damage (potential for asbestos exposure).
Leaders in the field are asking the government to develop “a national audit of asbestos management” in schools to get a better idea of the problem and a plan to address it.
Read the original story: How schools fail to protect pupils from asbestos danger
Veterans are Unable to Sue the Military for Exposure to Asbestos.
Posted by Jon@SokoloveLaw in Mesothelioma, Veterans on February 23, 2010
Contrary to popular belief, Veterans do not necessarily sue the US military or the US government in an asbestos litigation case. A big reason as to why they are kept from doing so is what is referred to as the Feres Doctrine.
The Feres Doctrine was the resulting legal precedence that was established by the US Supreme Court as a result of Feres v. United States 340 U.S. 130 (1950). The court ruled that under the Federal Tort Claims Act, the US government was not liable for damages paid to military service members who are injured on active duty. Even further, the US government was not accountable for the negligence of any of the armed forces resulting in injuries, even death. This resulted in laws and practices that make it illegal to sue the government or the military for injury or wrongful death of a service member by the service member themselves, or their families. This includes all legal grievances that veterans have against the US government for placing veterans in danger of asbestos exposure by supplying them with asbestos containing products and asbestos containing materials.
Even more troubling is that the Veteran Administration Hospitals that were created to serve these individuals offer little assistance in asbestos-related diseases. The VA department does not currently recognize mesothelioma and asbestos related diseases as “service connected injuries.” Why the VA and the US government have decided to turn a blind eye to the matter of mesothelioma and asbestos exposure through military service, no one can clearly say. The simple truth is, that the Veteran Affairs department and the US government have yet to get serious about asbestos-related diseases, and the role they have played in the lives of thousands of veterans since 1940.
Veterans are, however, able to pursue claims against the asbestos manufacturers who supplied the government and various other companies with asbestos containing materials and products that were present on the ships they served on, the vehicles they worked on, or the planes they repaired. While this has proven adequate, veterans still deserve an explanation and acceptable level of responsibility by the US government and the Veterans Administration department.
Canadian Prime Minister Draws Criticism for Asbestos Stance
Posted by Marcus@SokoloveLaw in Exposure, Industry on February 23, 2010
Canadian Premier Jean Charest has come under fire for promoting Quebec’s continuing exports of asbestos to India and other developing nations during a recent trade mission to the subcontinent.
In 2008, Canada exported 175,000 tons of chrysotile asbestos, almost all of it to developing countries such as India, Bangladesh and Indonesia.
Chrysotile accounts for about 94% of global asbestos production and is considered a carcinogen by the WHO (World Health Organization). It is estimated that tens of thousands of people worldwide are diagnosed every year with asbestos-related diseases, such as lung cancer and mesothelioma.
Anti-asbestos protesters are accusing the Charest government of hypocrisy for exporting the mineral to the developing world while, at the same time, spending millions of dollars to remove it from public buildings in Canada.
According to the Montreal Gazette, Charest drew sharp criticism from a group of Canadian physicians who accuse him of misrepresenting the position of the WHO.
On the trade mission, he told La Presse “Chrysotile (asbestos) can be used in a safe manner; this is what WHO reports say. It is not a banned substance. It is up to the government of India to put the necessary laws in place.”
The physicians sent the Premier a letter denouncing this claim. “Premier Charest, you have the right to oppose the WHO position. However, and especially because of the public trust in your position, you do not have the right to misrepresent the WHO position as being what you perhaps wish it were, instead of what it is,” the letter says.
Click here for the full article.
