Archive for February, 2008

Cancer Death Rates Down

Since the 1990’s, the death rate from cancer has continued a steady decline. Despite the promising decrease in figures, an estimated 565,650 people will die of cancer in 2008. The American Cancer Society also projects 1,437,180 new cancer diagnoses this year. Nevertheless, the rate of cancer deaths has fallen due to improved treatment and screening methods, combined with progress toward prevention. For more information and figures, see the full article.

Demolition Delayed

Demolition of the Coachman Motel in Bloomington, Illinois had been delayed due to previously undetected asbestos in the walls. The Coachman opened in 1961, and the vermiculite used to soundproof the rooms contains typical concrete minerals but also harmful asbestos. The demolition was originally slated to cost $187,000, but the discovery of the vermiculite asbestos will raise the cost immensely. The demolition contractor, Kirk’s C & D Recycling, is working with the city to devise a plan of removal, though the process is far from determined. Prior to the asbestos detection, the contractor was required to recycle as much material from the site as possible; now, however, the entire building may be deemed contaminated and sent to a landfill for disposal. Though a plan has not yet been established, one thing is certain: the demolition approved in January will be substantially delayed.

Jim Sokolove Discussing Mesothelioma on 'The Smart Consumer'

Attorney Jim Sokolove was interviewed for PBS’ “The Smart Consumer” on a piece dealing with malignant mesothelioma, a deadly, asbestos-caused illness. Talking with host Tore Dietrich, Sokolove discussed the origins of mesothelioma, its warnings signs, and those at the highest risk for contracting the illness. To View Video, Click on the blog post title.

'Cancer Coaches' Provide Objective Assistance

Cancer patients often face an overwhelming sum of information; sorting through treatment options and coping strategies can be both intimidating and confusing.

As a solution, many hospitals and advocacy groups are soliciting what they call professional cancer coaches—paid workers or trained volunteers who help patients tackle the mountain of options they face. The coaches approach patients with objectivity; rather than offering advice, they present information. Cancer coaches are rapidly becoming more commonplace. A few years ago, the American Cancer Society started a patient navigator program that now flourishes in 87 locations. The National Breast Cancer Coalition also trains coaches who are hired by treatment centers to aid patients of breast, lung, prostate, and other cancers.

Demand for coach-training sessions has exceeded the conferences’ capacities. Though the Avon Foundation and nine pharmaceutical companies subsidize some attendees through grants, dozens are turned down annually. At the recent San Antonio Breast Cancer Symposium, 240 attendants received training on the most current cancer research in order to become effective coaches.

According to an Associated Press article, coaches are taught that while every patient is different, they should all be guaranteed the same basic privileges:

  • “Support: an ear to listen, a shoulder to cry on, a hand to hold.
  • Resources: reliable information or help getting it, and only if the patient wants it.
  • Objectivity: a willingness to help patients discover what is best for them, rather than to validate the coach’s own cancer battle and choices.”

Friends and family are a vital part of a patient’s support network, but when untrained people act as authorities, bad advice can cause trauma to compound. Cancer coaches aim to combine expertise with empathy, so that having a partner in a battle against cancer is an asset and not a liability.

Order for New Trial in Asbestos Case Affirmed on Appeal

A California appeals court on Friday affirmed a lower court's decision to grant asbestos claimant Paul Whitlock's motion for a new trial on the grounds of juror misconduct, holding that San Francisco Superior Court Judge Mary Wiss acted within her discretion when she ordered the new trial.

Navy veteran and mesothelioma victim Paul Whitlock sued the defendant Foster Wheeler, LLC in 2006 for injuries arising from his exposure to asbestos while working as a boiler technician aboard the aircraft carrier the USS Kitty Hawk from 1965-67. Foster Wheeler manufactured boilers for the ship utilizing asbestos-containing thermal block insulation and gaskets. The case turned on whether Whitlock was exposed to any of the original Foster Wheeler asbestos in the boilers during his tour of duty on the Kitty Hawk; the defense contended that it had been removed and replaced prior to the time Whitlock reported for duty.

Prior to deliberation, the jurors were instructed by the court to decide the case on the evidence presented at trial, and not upon their own personal training or experience in the matter. In December 2006, after three days of deliberation, the jury found in favor of the Defendant 9-3.

Shortly thereafter, Whitlock moved for a new trial on the grounds of juror misconduct, providing declarations from three of the jurors who stated that they based their decision on the personal experiences of one of their fellow jurors who also happened to be a navy veteran. During deliberations, this juror told the others that based upon his experience repairing circuit boards in the navy, all of the original insulation would have been replaced and cleaned up during repairs that were made to the Kitty Hawk prior to Whitlock coming aboard and that therefore, the plaintiff could not have been exposed to any original Foster Wheeler asbestos-containing products. Determining that these statements constituted juror misconduct, the lower court granted Whitlock a new trial in March 2007.

The Appeals Court agreed with the lower court's decision concluding that the juror's comments were in blatant disregard of the jury instructions, amounting to juror misconduct that prejudiced the plaintiff and influenced the other jurors to find in favor of the defendant, altering the outcome of the case.

Click here to read the complete Appeals Court decision in Whitlock v. Foster Wheeler, LLC.