For the first time ever, an Australian mechanic has successfully claimed compensation for asbestos exposure in the automotive industry. Antonino Lo Presti, 58, who requires constant oxygen assistance, earned $840,000 in a suit against the Australian division of Ford Motor Company on Tuesday. For 17 years, Lo Presti used compressed air to clean brake linings; the air loosened and released asbestos particles that have now left him suffering from serious fibrosis. Following his diagnosis in 2001, Lo Presti spent five years in a court battle while his wife worked three jobs to compensate for his lost income.

Asbestos lobby groups and Lo Presti’s lawyer, Michael Magazanik from Slater and Gordon, are excited by Tuesday’s landmark decision. “This decision will set a precedent because it's the first time a mechanic has succeeded against a car manufacturer in this country and there are literally thousands of mechanics who have been exposed to asbestos while working with brakes,” Magazanik said.

The Journal of the American Medical Association recently published an article about the diagnostic ability of a minimally-invasive procedure used to detect lung cancers. More effective than other methods, endoscopy is becoming prevalent in screening for all three lung cancer types: small cell, non-small cell, and mesothelioma. The endoscope consists of a tiny camera at the end of a flexible tube, through which needles can pass to remove samples for biopsy. Ultrasound probes can also pass through the tube, for precise examination of suspicious matter. The minimally invasive process has been proven more effective than other lung cancer diagnostics in a study of 138 patients. For more information and to read about the study, please click here.

On Friday a federal appeals court overturned a $500 million asbestos litigation insurance settlement on the grounds that the U.S. District Court for the Southern District of New York, which approved the settlement in March 2006, had no legal jurisdiction to do so.

In 2004 Travelers insurance, which insured asbestos manufacturer Johns-Manville Corp., agreed to settle three groups of direct action lawsuits filed against it by plaintiffs who claimed to be injured by Manville products. The suits also alleged that Travelers' handling of the claims violated state and common law and that the company failed to disclose its knowledge of asbestos hazards.

Travelers has not determined yet whether it would appeal the high court's ruling but stated that if the decision becomes final, the settlements will be voided and the company would proceed to litigate the direct action cases. Travelers also said that it had no plans to boost its asbestos reserves for possible asbestos-related litigation.

While documenting his own struggles with heart disease and surgery, director Ben Mittleman struggled with his wife’s Mesothelioma diagnosis and his mother’s battle with colon cancer. His resulting documentary, Dying to Live, “chronicles the testing of a man’s heart and the processing of answers found in sorrow.” The film deals with love, loss, life, and the hardships and triumphs that accompany each of these.

Dying to Live has received much acclaim and has been hailed as an “extraordinarily powerful and deeply touching film with a sense of a raw and exposed truth.” The film premieres in mid-march in
Los Angeles. Visit the website for information on showings, tickets, blogs, reviews, and more.

The Oregon Department of Environmental Quality (DEQ) has fined MRDS Construction $10,200 for its improper removal of asbestos siding during a home demolition project in Pendleton last year. According to the DEQ, the MRDS crew dropped and shattered cement asbestos board siding, causing asbestos fibers to be released into the air. MRDS, which is not a licensed asbestos abatement contractor, has already paid out $9,300, including $1,600 in emergency DEQ notification fees, and the rest to hire Tektoniks Corporation of Walla Walla to clean up the asbestos. MRDS has admitted it made some mistakes in handling the siding and issued an apology to the DEQ, stating its actions were not intentional, simply the result of incompetence. MRDS has stated that it will not handle asbestos abatement in the future.

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