According to an article in today's Houston Chronicle, Toledo, Ohio-based auto parts supplier Dana Corp. has agreed to settle 7,500 personal injury claims arising out of asbestos-laden gaskets manufactured by the company. In an effort to resolve the claims without the necessity of further litigation, Dana Corp. has offered to settle the lawsuits for a total of $2 million. The company, which produces axles, driveshafts and other auto parts, filed for Chapter 11 bankruptcy protection back in March 2006. As part of its reorganization plan, unsecured creditors are able to recover between 72-86 percent on their claims. As of June 30, approximately 150,000 asbestos-related personal injury claims were leveled against the company, 7% of which alleged mesothelioma or cancer. According to Dana, the majority of cases filed against the company don't involve Dana products and are usually dismissed. This latest settlement is expected to resolve approximately 7% of the mesothelioma claims and 4% of the cancer claims against the company.

Since 2003, 58 Minnesota Iron Range workers have been diagnosed with mesothelioma, a rare and deadly form of cancer caused by asbestos exposure. The connection between taconite mining and mesothelioma, however, remains unclear. In an effort to get to the bottom of the cause of mesothelioma among taconite miners, in August the University of Minnesota announced the launch of a new 3-part study in association with the state Department of Health to determine whether the workers contracted mesothelioma from the inhalation of asbestos fibers in the production plants, or by asbestos-like fibers in the taconite dust inhaled during the mining process. (See University of Minn. to Study Link Between Taconite Mining and Mesothelioma, posted 8/10/07).

The study, which is expected to take 3 years and several million dollars to complete, received a jump-start on Thursday when the Iron Range Resources and Rehabilitation Board unanimously approved a $250,000 appropriation that would help pay for medical examinations, x-rays, MRIs and other diagnostic services for miners. Several Iron Range lawmakers fought hard to move ahead with research that would determine whether iron ore dust causes mesothelioma, and are pleased with the appropriation of funds to jump-start the study. In August Minnesota Health Commissioner Dianne Mandernach resigned after news reports that she delayed for one year the release of important new data regarding the deaths of 35 Iron Range Workers from mesothelioma, which brought the total to 52. (See Minnesota Health Commissioner Resigns, posted 8/22/07). In June of this year, another 6 miners contracted the disease, bringing the total number to 58. The University of Minnesota study will proceed with medical examinations for the miners pending approval of the appropriation by Minnesota governor Tim Pawlenty.

An article in the October 20th issue of The Australian discusses the "new tide" of Australian asbestos victims. Not just construction laborers and factory workers anymore, this "third wave" of victims, as they are called, are increasingly female and are "getting younger all the time." This shift in the face of asbestos disease in Australia has been attributed to the large number of home renovations and other do-it-yourself projects which took place during the 60's, 70's and 80's, particularly in South Australia where the biggest increase in mesothelioma cases has occurred. According to Armando Gardiman, managing partner of Turner Freeman Lawyers, "the number of home renovation victims coming forward has grown significantly since 2000." Many of the victims lived, as children, in homes that were being renovated, and they are now being diagnosed with mesothelioma. On the national level, the number of mesothelioma deaths has grown steadily since the late 1990's, with 522 Australians dying from the disease in 2005 alone. That's a twenty-five percent increase from 1997.

The British House of Lords handed down a long-awaited and controversial landmark ruling this week when it decided to end compensation for claims for pleural plaques in the UK on the ground that it is not a disease. Pleural plaques are small, flat discs that form on the membrane between the lungs and the ribcage. The plaques, which are caused by asbestos exposure, may later develop into cancer in some people. According to Brigitte Chandler of Charles Lucas and Marshall, solicitors, "pleural plaques are a sign that the asbestos fibre has gone into the lungs and can sit there for 60 years before disease develops. Generally, there are no physical symptoms but once the plaques show up, there is a risk. It is a time bomb--some die before anything happens, but others are unlucky and get cancer." It is estimated that there are approximately 14,000 pleural plaque cases a year in the UK, accounting for about 75 percent of all asbestos-related claims.

The House of Lords' decision settled an on-going controversy precipitated by a January 2006 Court of Appeal ruling that pleural plaque sufferers should no longer receive compensation. That ruling overturned nearly 20 years of established legal practice. In the past, sufferers of pleural plaque received compensation of 5,000 pounds (approx. $10,259.07 USD). If their condition later progressed to cancer, they could file a claim for additional damages. The recent House of Lords decision was a victory for the UK insurance industry which has consistently argued that the condition itself does not cause mesothelioma. However, it has raised the ire of pleural plaque sufferers and their supporters, who say that the prior system worked well in that it allowed claimants to confirm liability before they became too ill to file a claim. The House of Lords' decision will be the final word on the issue.

The Times Herald-Record reported today that students at SUNY New Paltz are worried that they may have been exposed to asbestos. Students living in the 250-resident Crispell dorm were notified earlier this month about an upcoming roof replacement project and were given explicit instructions to keep their windows closed at all times during the course of the construction project. Many students have expressed concern about dust they have seen coming off of the building and are further worried that during last week's heat wave, when many students opened their windows for air, they may have unknowingly exposed themselves to hazardous asbestos dust.

However, campus spokesman Eric Gullickson has assured the safety of the students, stating that the asbestos is in the glue under the metal flashings and not the roofing material. He further stated that the glue is of a "non-friable" variety that is less likely to break down and become airborne, and that the dust seen by the students is not asbestos fibers, but is a result of the removal of the concrete. Many students are not convinced, however, and are calling for the school administration to be more forthcoming about the details of the ongoing construction project. Similar roof replacement projects are planned at four other dormitories on campus.