Claire’s Asbestos Problems Extend Overseas

As if Claire’s, a popular retail chain for teens and tweens, wasn’t having enough trouble in the U.S., their problems with asbestos in the make-up they peddle at their retail locations has stretched across the pond to the Netherlands.

Dutch News reports that the Dutch health and safety authorities known as ILT and NVWA have ordered two types of make-up sold by Claire’s to be withdrawn from sale after it found traces of asbestos in the powder.

There are 32 Claire’s stores in The Netherlands, and they are just as popular with young girls there as they are with the 10-16-year-old crowd in the United States.

The authorities ordered the removal of the products after laboratory testing showed 2% to 5% asbestos in a face powder and 0.1 to 2% of the toxic substance in a contouring powder.

Despite the low concentrations contained within the make-up products ‘there is a risk to health,” the authorities concluded.

The investigation into the Dutch-sold products began last month. However, the authorities there had considered testing the products back in December, when the story about the tainted Claire’s products first hit the news in the U.S.

However, Dutch health and safety officials said they suspended that idea because the U.S. Food and Drug Administration had assured them that there was nothing wrong with the products in question, which are popular with young girls just starting to wear make-up.

But the Netherlands has a “no tolerance” policy when it comes to asbestos.

Use of the mineral is banned in that country. That’s why they’ve also asked Claire’s to withdraw additional products made with the same ingredients until further notice.

There is no word as to whether more testing will be conducted or whether Claire’s has commented on the current situation.

However, the retailer is suffering with money problems. In the U.S., they have filed for bankruptcy protection though they do not intend to close any stores, a spokesperson said.

It is likely that their insolvency is a result of decreased traffic at malls nationwide, but there’s no doubt that the asbestos situation had an impact on their decreased sales as well, especially during the recent holiday season, when the problem was first discovered.

Survey Focuses on Quality of Life Post-Mesothelioma

While it’s true that most victims of various types of mesothelioma succumb to their diseases in just a year or two, there are some individuals who’ve made it to that coveted five-year mark.

In Japan, researchers sought out these individuals and questioned them about their quality of life during these last five years when they’ve been essentially “free” of mesothelioma.

The authors, a group of doctors and nurses from various Japanese hospitals, sent a questionnaire to hospitals and patient advocacy groups, who distributed them to malignant pleural mesothelioma (MPM) patients considered to be disease-free at this time.

The 64-question form was completed by a total of 133 patients and returned to the study authors so that the results could be compiled.

The results showed that although the group was considered to be without disease, their quality of life still suffered significantly. Respondents complained most often of severe fatigue, pain, sleep disturbances, and shortness of breath.

As such, the authors concluded that the assessment was quite unfavorable for being “free of physical pain” and that long-term survivors dealt with so-called “poor performance status”, which equated with a seriously-impacted quality of life and the need for broad support.

Indeed, impaired function and a variety of symptoms often make it difficult for mesothelioma survivors to handle everyday life. Only a handful can work on a regular basis, when desired, and even simple tasks can be quite a challenge for most.

That’s why most are largely confined to their homes, unable to enjoy outings with family and friends without getting extremely tired or suffering set-backs that send them to bed for several days or – in severe cases – back to the hospital.

Therefore, this study clearly demonstrates that even those fortunate enough to see tumors disappear are subject to a lifetime of poor health.

This is another reason why it is essential for victims to seek compensation from those responsible for their ill health. A diagnosis of mesothelioma means a lifetime of compromise as well as days filled with pain and other issues that make a “normal” schedule difficult to maintain.

In the meantime, mesothelioma survivors must be diligent about seeking the right kind of help, which might include assistance from friends and family as well as a need to hire outside help, which may or may not be covered by insurance.

For those filing suit against asbestos companies, these costs should be figured into the equation when determining what amount of compensation would be appropriate to seek.

US Geological Survey Scientists Develop Technique to Detect Vermiculite

Scientists from the United States Geological Survey (USGS) announced this week that they have developed an onsite technique that will allow building inspectors to determine whether vermiculite insulation contains amphibole asbestos.

An article about the novel technique was published this week in the periodical American Mineralogist.

USGS estimates that approximately a million homes in this country contain vermiculite attic insulation. While that number seems small in comparison to the number of homes in the U.S., it’s still an alarming statistic considering the harm it can do when it’s tainted with asbestos.

Add to that the fact that the majority of this vermiculite insulation was made by W.R. Grace and Company with vermiculite from their infamous Libby, Montana vermiculite mine – contaminated with asbestos – and it’s easy to understand the concern.

A USGS spokesperson explains that, normally, when vermiculite insulation is found in an attic, testing it for asbestos involves taking a sample and then sending it out to an off-site laboratory for analyses.

The latter can take several days to more than a week for results.

“The goal of this USGS study was to find an onsite way to test for asbestos by determining if near-infrared reflectance measurements, using portable spectrometers, could be used to reliably identify the source of vermiculite ore and therefore its potential to contain asbestos,” explained Denver-based USGS scientist and lead author, Gregg Swayze. “We achieved this goal.”

For the study, Swayze’s team studied 52 vermiculite samples from various places around the world including Libby, Montana; Louisa, Virginia; Enoree, South Carolina; Palabora, South Africa; and Jiangsu, China.

“All of the nearly two dozen Libby vermiculite insulation samples examined with scanning electron microscopy in this study contained asbestiform amphiboles compared to relatively little asbestos to none in samples from the other locations,” a synopsis of the report explained. Spectroscopy accurately determined the origin of the vermiculite insulation samples.”

“Based on medical studies, there is general agreement that all Libby vermiculite insulation is potentially hazardous,” said Swayze. “This study demonstrates that spectrally determining the source of attic vermiculite as Libby provides enough information to make a remediation decision.”

Building inspectors can test vermiculite insulation on-site with an inexpensive portable spectrometer, the synopsis explains. If it appears to be tainted, the inspector can immediately suggest remediation options, which could include removing the insulation and replacing it with something else or encapsulating the existing insulation to make it safe for the homeowner or building occupants.

Others should be kind to people with cancer. Seems like a no-brainer, right? But a professor at Texas A&M thought the topic was important enough to warrant a study, and the results were recently published in the Journal of Oncology Practice.
Dr. Leonard Berry, Distinguished Professor of Marketing at Texas A&M University, called his study “Role of Kindness in Cancer Care”, and in it he emphasizes that high tech treatments must be balanced by high touch care. As such, he and his colleagues proposed six ways in which others can ease the pain of those on a cancer journey, especially those with aggressive (and likely fatal) forms of the disease, such as mesothelioma.
Deep Listening – Cancer patients need to know that they’re being both heard and understood. Truly listening allows caregivers and others around the patient to better address the emotional and physical needs of the patient.
Empathy –Empathy means to be aware, sensitive to, and to vicariously experience the feelings and emotions of another. Only when caregivers (both professionals and family members/friends) imagine themselves in the patient’s situation can they truly appreciate their circumstances and assist in alleviating suffering.
Acts of Kindness –These acts come in all shapes and sizes, from reading to the patient to offering to assist with everyday tasks to learning how to change dressings or otherwise assisting the patient with disease-related issues. It might also simply mean making a call or visit each day to check in on the patient.
Timely care – Things like waiting for test results or for treatment can be excruciating, points out Dr. Berry. He explains that providers need to offer care in a timely manner in order to help reduce the patient’s anxiety.
Gentle Honesty – Some cancer patients prefer to be left in the dark about their situation, but they are more the exception than the rule, Berry points out. The majority prefer that doctors and others around them be honest about their prognosis and other details. However, the study notes, it is preferable to temper that honesty with statements of hope and gentle expressions of empathy.
Support for family caregivers – It’s important that care givers receive kindness as well. When caregivers suffer, so does the patient. Hence, it’s important to have a Plan B when caregivers need a break or just can’t handle the mental stress of caring for a very sick or terminal patient any longer.

Study Outlines Role of Kindness in Cancer Care

Others should be kind to people with cancer. Seems like a no-brainer, right? But a professor at Texas A&M thought the topic was important enough to warrant a study, and the results were recently published in the Journal of Oncology Practice.

Dr. Leonard Berry, Distinguished Professor of Marketing at Texas A&M University, called his study “Role of Kindness in Cancer Care”, and in it he emphasizes that high tech treatments must be balanced by high touch care.

As such, he and his colleagues proposed six ways in which others can ease the pain of those on a cancer journey, especially those with aggressive (and likely fatal) forms of the disease, such as mesothelioma.

Deep Listening – Cancer patients need to know that they’re being both heard and understood. Truly listening allows caregivers and others around the patient to better address the emotional and physical needs of the patient.

Empathy –Empathy means to be aware, sensitive to, and to vicariously experience the feelings and emotions of another. Only when caregivers (both professionals and family members/friends) imagine themselves in the patient’s situation can they truly appreciate their circumstances and assist in alleviating suffering.

Acts of Kindness –These acts come in all shapes and sizes, from reading to the patient to offering to assist with everyday tasks to learning how to change dressings or otherwise assisting the patient with disease-related issues. It might also simply mean making a call or visit each day to check in on the patient.

Timely care – Things like waiting for test results or for treatment can be excruciating, points out Dr. Berry. He explains that providers need to offer care in a timely manner in order to help reduce the patient’s anxiety.

Gentle Honesty – Some cancer patients prefer to be left in the dark about their situation, but they are more the exception than the rule, Berry points out. The majority prefer that doctors and others around them be honest about their prognosis and other details. However, the study notes, it is preferable to temper that honesty with statements of hope and gentle expressions of empathy.

Support for family caregivers – It’s important that care givers receive kindness as well. When caregivers suffer, so does the patient. Hence, it’s important to have a Plan B when caregivers need a break or just can’t handle the mental stress of caring for a very sick or terminal patient any longer.

Paint Maker Gets $22 Million in Asbestos Talc Case

The family of a California man who worked as a paint maker and tinter for Dexter-Midland Chemical Company in the Northern California town of Hayward has been awarded $22 million in a case that determined his mesothelioma-related death was due to his on-the-job exposure to asbestos-tainted talc.

The award included $4.5 million in punitive damages.

Richard Booker, who died in 2016, was employed by Dexter-Midland from 1972 until 1993. He was regularly exposed to the talc, which is used in paint making in order to deter grease and oil absorption.

He was diagnosed with mesothelioma in mid-2015 and passed away less than a year later.

The case was lodged against both Vanderbilt Minerals and Imerys Talc America, who supplied the talc products used by Booker’s employer.

The court determined that both companies had failed to disclose the presence of asbestos in their products, hence workers were unaware that they were inhaling toxins as they performed their job-related tasks each day.

Imerys was made to pay 40 percent of the award while Vanderbilt was shouldered with the remaining 60 percent.

In their deliberations, the jury on the case determined that “decisions associated with use of talc in the workplace environment were made by those at the highest level of management” and that the companies knowingly put Booker and others at risk without their knowledge.

It was also determined that no precautions were taken to shield the plaintiff (and others) from ingesting asbestos particles.

As is typical, it took more than 40 years from first exposure for Booker to develop mesothelioma cancer. This is because the disease has a long latency period and symptoms do not appear until decades after exposure.

When it becomes evident that an individual has mesothelioma, the disease has often progressed into its later stages and is difficult to treat.

At that point, prognosis is grim, and even with advances in treatment, the victim often dies within a year of diagnosis, as Booker did.

At that point, the only option for compensation is for the victim’s family to sue the company or companies responsible for his/her exposure to asbestos.

If negligence can be proven, family members will likely be given a monetary settlement, which can help pay outstanding medical bills, make up for loss of income, and can address a number of other financial needs as well.

Chain Says There is No Asbestos in Make-up

A few weeks after being accused of selling make-up that included traces of asbestos, a spokesperson for Claire’s Stores – which specializes in accessories and is popular with the tween crowd – says lab tests the company funded proves that all the make-up they sell is asbestos-free.

A December 22 report on a Rhode Island television news station was sparked by the operations director at a law firm in that state. The person in question, Kristi Warner, told reporters that she sent some of her daughter’s make-up – which she purchased at Claire’s – to a lab for testing after hearing about similar stories concerning low-priced make-up products geared towards young users.

She says the make-up tested positive for tremolite asbestos, which is toxic and could cause mesothelioma or other respiratory illnesses.

Warner works for a law firm that specializes in handling asbestos cases.

“In some of our cases, that has included cosmetic products,” Warner wrote in an email to the Los Angeles Times “Without my work experience, I don’t think it would have ever crossed my mind that my daughter’s play makeup could have asbestos in it. It was important to me that other parents be aware of the hazard.”

The law firm told the news station that it had collected 17 samples of Claire’s makeup from nine states and sent them to a North Carolina lab called Scientific Analytical Institute.

Sean Fitzgerald, the institute’s director of research and legal services, said all of the samples tested positive for tremolite asbestos. Tremolite is often found as a contaminate in chrysotile or “white” asbestos, which is still used in many countries where the make-up may have been manufactured, like China.

Claire’s disputes all the findings.

“We only learned of the claims after they went to the press,” Claire’s said. “We have made multiple requests for Mr. Fitzgerald’s detailed test data, but it has not been provided to us.

Mr. Fitzgerald also went to the press in July with claims that testing of cosmetics from Justice [another girls’ retailer] showed evidence of asbestos, which Justice refuted after analysis of a third-party testing lab.”

Nonetheless, to err on the side of caution, Claire’s pulled 9 products from it shelves and offered refunds to anyone who had already purchased those items.

When Fitzgerald approached Justice Stores, which sells clothing and accessories for the same age group, the company pulled its “Just Shine” shimmer powder off the shelves but later found that testing showed no signs of the toxic mineral.

Breath Tests May Help with Early Meso Diagnosis

A study conducted in Belgium demonstrates that two different breath analysis tests may be useful in diagnosing deadly asbestos-caused mesothelioma, a cancer that is historically difficult to diagnosis and often not caught until it reaches its late stages.

In a multi-center study that was conducted at several Belgian universities as well as the University of Amsterdam, two tests were able to detect mesothelioma patients with an amazing degree of accuracy, the authors report.

The two tests are known as gas chromatography-mass spectrometry (GC-MS) and eNose and they fall into the category of “breathomics” – a method by which breathing tests can pick up some of the thousands of organic compounds that come from the chemical processes that take place in the human body.

By detecting certain compounds associated with mesothelioma via these tests, the disease can be identified.

The tests were used to analyze 64 test subjects: 16 healthy individuals, 14 with malignant pleural mesothelioma, 15 with other asbestos-related diseases, and 19 that had been exposed to asbestos but had not been diagnosed with any related diseases.

Exhaled breath samples from all the test subjects were analyzed using the two breathomics tests so that researchers could check for the presence of certain Volatile Organic Compounds (VOC) associated with mesothelioma.

When used together, the authors of the study note that the tests were highly effective in identifying the possible presence of mesothelioma and to distinguish mesothelioma patients from those with other illnesses or individuals who had simply been exposed to asbestos.

“Using GC-MS, asbestos-exposed individuals were discriminated from malignant pleural mesothelioma patients with 97% accuracy, with diethyl ether, limonene, nonanal, methylcyclopentane and cyclohexane as important VOCs,” study author Kevin Lamote of Ghent University writes in the journal Oncotarget. “This was validated by eNose analysis.”

“In addition, GC-MS was 94% accurate at discriminating both asbestos-exposed people and people with other asbestos-related diseases from those who had been diagnosed with pleural mesothelioma. The eNose could do so with 74% accuracy,” the study authors added.

“GC-MS accurately identified pleural mesothelioma 100% of the time and was able to rule out people who did not have pleural mesothelioma in 91% of cases. eNose was slightly less accurate with a sensitivity of 82% and a specificity of 55%.”

The results seem impressive. Indeed, such tests could assist in the earlier detection of the disease, researchers stress, which could mean a better prognosis and longer life span for anyone diagnosed with mesothelioma.

These tests are also non-invasive and are inexpensive to administer.

However, researchers point out that the technology of breathomics isn’t perfect yet. Until more study is completed, the authors note that confusion may result as VOCs may be similar in several types of cancer and, hence, may be difficult to tell apart with just a breath test or two for diagnosis.

Other, more-invasive testing will still be necessary until the technology is perfected.

World Trade Center Asbestos Issues Not Just About 9-11

While it’s true that scores of individuals were likely exposed to hazardous asbestos when the World Trade Center (WTC) towers fell on Sept. 11, 2001, releasing tons of asbestos insulation into the air, there’s currently a battle brewing between an insurance company, the owner of the WTC, and a group of men suing due to exposure that happened while the towers were being constructed in the 1960s and early 1970s.

According to an article in the Insurance Journal, the highest court in the State of New York recently ruled that American Home Assurance Company must defend contractors and the Port Authority of New York and New Jersey against asbestos claims that have been brought forward by construction workers who became sick after performing work on the original World Trade Center back some 40-50 years ago.

The insurance company had argued that they were not liable for those claims because there was no way to prove that injury to those individuals occurred during their policy period, which extended for 10 years from February 1966 to February 1976.

They also argued that these claims resulted in a single occurrence for which the $10 million liability limit had already been depleted.

The liability cases all stem from the fact that when the World Trade Center towers were built, Alcoa installed an aluminum curtain wall on the exterior of the two buildings and then hired a sub-contractor – the now-defunct Mario and DiBono – to apply asbestos-containing fireproofing – the spray-on type – on the curtain wall.

However, the five claimants involved in the suit say they were not only exposed to the asbestos in the spray-on insulation but also to the asbestos found in sheetrock, joint compound, fireproofing, pipe insulation, cement, gaskets, floor tiles, elevator brakes, ceiling tiles, pumps and valves.

Furthermore, the World Trade Center asbestos claims vary in nature, timing and location of exposure, according to court documents.

“They claim exposures in different years as well, ranging from the late-1960s to the mid-1970s and beyond,” the Insurance Journal article reports. “They also allege exposures in different locations, including one or both towers, the PATH (subway) areas, the Northeast Plaza Building, the Southeast Plaza Building, and the US. Customs Building.”

Some of the plaintiffs say they were exposed because they were responsible for cleaning up asbestos materials while others say the release of asbestos fibers due to sanding or otherwise disturbing various asbestos-containing materials is what made them sick. One case also involves take-home exposure.

But, whatever the case might be, asbestos is the true culprit in this story. Even in the 1960s and 1970s, it was already clear that the mineral was toxic and was making people sick, yet the decision was made to use in on such a grand scale as in the World Trade Center towers. It is no wonder that many have been affected by their work on the original tower construction.

Nonetheless, as a result of the recent action by the New York Supreme Court, these five claimants will be able to continue their cases and, hopefully, receive the compensation they deserve.

Asbestos a Problem in Classic Cars

The Australian Border Force (ABF) – the agency responsible for offshore and onshore border control enforcement, investigations, compliance and detention operations in that country – has a problem.

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