James Ross, 71, of Seattle, WA, is fighting against a rare form of lung cancer due to asbestos exposure after working many years as a brakeman and conductor. Ross is also fighting a requirement that says he must undergo an autopsy after his death, which is a requirement in order for his estate to file a lawsuit(s) against the responsible companies involved.

Ross objects to the autopsy based on his own personal belief that an autopsy results in ultimate destruction and disfiguration of the body, according to court documents. Ross is also arguing that the autopsy is unnecessary to confirm the diagnosis.

Washington state law specifies that participants in asbestos legislation can opt out of an autopsy if they cite religious beliefs.

According to court documents, if the court refuses to honor Ross’s request to forgo the autopsy, they may be in violation of Washington's statute governing autopsies and breaks fundamental notions of religious freedom and equal protection.

A new study has found that up to 80 percent of cancer patients who undergo radiation treatment do not take medications to combat pain. According to the report, many of the patients cited fears of addiction as well as cost as their reasons for saying no to painkillers. However, the most common reason given was that their healthcare provider had not recommended medication. "To eliminate barriers to optimal pain management for cancer patients, healthcare providers should talk with their patients about pain symptoms and pain medications,” said Dr. Charles Simone, from the National Cancer Institute (NCI) in Bethesda, Maryland.

The findings come from an Internet-based questionnaire posted on OncoLink examining analgesic use and pain control in cancer patients getting radiation treatment. Data from 106 patients were included in the analysis. 46 percent of patients reported pain related to the cancer itself, and 58 percent of subjects had pain from their treatment, the report's author’s note in the International Journal of Radiation Oncology, Biology, and Physics. The only statistically significant factor linked to non-use of painkillers was educational level. Specifically, individuals with education beyond high school were less likely to use analgesics than those with lower educational levels (11 percent vs. 36%).

To improve pain control for cancer patients undergoing radiation, Dr. Simone said that his center, the Radiation Oncology Branch of the NCI, has established an electronic system that requires healthcare providers to assess pain levels and pain medication every time they see a patient.

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A California couple has filed an asbestos lawsuit against 55 companies, claiming that the mesothelioma the man was diagnosed with was wrongfully caused. Arvid and May Johnson claim Arvid was diagnosed with the disease on Sept. 15, 2008.

The lawsuit claims that while Arvid worked for various companies, including the U.S. Navy, Ace Hardware and various filling stations between the years 1947-2004, he was exposed to and inhaled dangerous asbestos fibers. Moreover, the suit claims that Johnson’s exposure was foreseeable and should have been anticipated by the defendants.

Due to the asbestos exposure, the Johnson’s claim that Arvid has become disabled and disfigured, which required him to spend large amounts of money for medical, hospital, and other health services necessary to treat the disease. As a result of his mesothelioma, Arvid is experiencing great physical pain and mental agony. Furthermore, the disease hinders and prevents Arvid from pursuing employment and as a result he lost large sums of money. Lastly, May claims that she has been deprived of the support, devotion, and care of Arvid.

The couple is seeking sums in excess of $50,000, punitive and exemplary damages in excess of $100,000 and compensatory damages in excess of $50,000.

Tuesday, September 16, marked a landmark day in asbestos litigation. The U.S. House of Representatives and the Subcommittee on Environment and Hazardous Materials introduced H.R. 6903, the “Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2008” – a critical piece of legislation that once passed, will help to stop exposure to the lethal asbestos mineral. The bill, introduced by Chairman Gene Green (D-TX), will amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products and help fuel public education programs.

The Asbestos Disease Awareness Organization (ADAO), the largest organization in the United States dedicated to serving as the voice of asbestos victims, applauded the U.S. House of Representatives and the Subcommittee on Environment and Hazardous Materials for this monumental decision. ADAO has worked with Congress for more than four years to advocate for the passage of such a bill and strongly encourages the House to quickly move it through to the President for his signature. The bill is also strongly supported by the Committee to Ban Asbestos in America (CBAA), recently formed by ADAO and The John McNamara Foundation, dedicated to preventing asbestos exposure and eliminating asbestos-caused diseases.

“As we remember the tragedy of 9-11, thousands still suffer from the irreversible damage caused from asbestos exposure. An asbestos ban prohibiting its importation, manufacturing, processing and distribution is absolutely necessary and long overdue,” stated Linda Reinstein, Co-Founder and Executive Director of the Asbestos Disease Awareness Organization. “Other countries look to us to set global examples of responsibility and accountability. We must ban asbestos to eradicate the deadly diseases caused from asbestos exposure that plague so many families. As the largest volunteer organization in the United States, we are enormously pleased to support H.R. 6903 banning asbestos, a known human carcinogen, to protect public health.”

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An Edmonton, Alberta, Canada local was honored yesterday for his countless hours of volunteering. Since 1993, Arnold (Willy) Willet has been tirelessly devoted to helping local families make funeral plans for military veterans. Unfortunately, Willet who is in the final stages of mesothelioma was too ill to attend the event held in his honor.

Willett joined the Royal Canadian Air Force in 1953 and served as a flight engineer. He was stationed in France, the Middle East and Ethiopia and later moved to Edmonton in 1971. After retiring from the forces in 1993, he volunteered with the military and the City of Edmonton, where he worked with cemeteries staff as the volunteer military liaison.

Over the years, he helped 480 families with funeral arrangements, plot selection and honors guard services for deceased veterans. Gisela, Willett’s wife, remembers her husband's first volunteer work in 1993. “It involved visiting sick veterans or driving them to various appointments. He would also arrange for buses to transport shut-in legion members to functions such as Remembrance Day and Victory in Europe Day.”

To pay tribute to Willett, the city unveiled a commemorative tree, granite pillar and bronze plaque near the military wall at the Northern Lights Cemetery in northwest Edmonton. He also received a special commendation from the Department of Veterans Affairs for his volunteer work on behalf of veterans, back in June. “Willy is one of those special people that touch your life in ways you never could have imagined," Terry Wright of City of Edmonton Cemeteries said. "To us, he is our angel, our role model and our friend."

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