Benzene and Leukemia Lawyer & Attorney : Burke & Eisner Law Firm : Benzene Exposure, Non-Hodgkins Lymphoma

From Missouri an article about benzene exposure and the related diseases.  Notice that the diseases listed here are:  Leukemia and Non-Hodgkins Lymphoma.  These are two that are pretty tightly connected to benzene exposure.

These lawsuits here are slightly different in that they are related to environmental exposure and not direct industrial exposure such we see in tire manufacturers, printers, oil workers and petroleum transporters.

From the Examiner:

The 28 remaining lawsuits against BP related to the former Amoco Sugar Creek Refinery are being settled out of court.

Attorney Lon Walters, of The Walters Law Firm, who represented the former and current Sugar Creek residents in the suit, released a statement on Thursday saying BP and the plaintiffs have agreed to resolve all lawsuits over alleged that the residents were exposed to toxic substances. Neither side would release terms of the settlement.

Jury selection was slated to begin Monday for the next trial. However, two days of settlement hearings will be held instead before Jackson County Circuit Judge Marco Roldan.

Only one of the 31 cases filed against BP has gone to trial. In 2005, Leonard Ryan, whose wife died from leukemia, was awarded $13.3 million plus undisclosed punitive damages.

BP has settled two cases out of court for undisclosed settlements.The first in 2006, with Justin Detel, of Sugar Creek, who was diagnosed with non-Hodgkin's lymphoma, and the second in 2007, with Sean Reed, who lived in Sugar Creek from the time of his birth in 1981 until about age 5, who was diagnosed with non-Hodgkin's lymphoma and leukemia in 1985 and underwent chemotherapy and radiation as a child.

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From Paul the Pirate.  Want to see what the life of a Merchant Marine is like.  Go read here how he and a shipmate had to go into a fuel storage tank that was registering traces of benzene.

Stuff:

I did my first tank dive of this trip on my way here over the weekend- my watch partner Orlando and I climbed down into the #6 starboard cargo tank, one of the smaller of our 14 cargo tanks... there was a trace of Benzene (a wicked carcinogen- it's possible to die of leukemia within a few days of a massive exposure) in the tank, so we were decked out in respirators... the concentration of benzene was under 1ppm, which is actually low enough that I could hang out in the tank for 8 hours a day, 5 days a week no problem (This is called Time-Weighted Exposure), but why take chances? Anyhow, Orlando and I had to vacuum up a little standing water- we prepped that tank to take on Jet fuel- essentially, the tank was pressure washed at 150PSI by our automatic system, and then we sucked the water out. Orlando and I did an inspection looking for dust and water- we found about a quart of water (amazing, really, when you look at the tank. You could fit an apartment house in it) in the sump well, and took care of that, then hot-footed it out. The chief mate gave us the rest of the day off. I think he felt bad about the benzene- normally, we don't deal with the stuff, but we carried gasoline in that tank the trip before. Even with forced-air ventilation and a wash, there was a trace.

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If in fact OSHA did give notice of surprise inspections then they are a joke.  This letter from the opinion page of the Houston Chronicle.

Regarding Monday's Page One article "OSHA UNCOVERS SLEW OF REFINERY VIOLATIONS / Inspectors find 146 at 17 sites in what is only the start of a nationwide study": My mother died of cancer two years ago, and while she was in a hospice, her nurse and I visited. She told me she had worked at chemical plants in the Houston area for 17 years before she quit. She said she became a nurse as payback for what she knew was happening in the plants. The Occupational Safety and Health Administration, she said, would give a two-week notice to plants before "surprise" inspections, and workers would scramble to clean up and set things right for clean reports. On foggy and rainy nights, she was instructed by supervisors to "release" into the air, as the fog or heavy rain would hide the act.

That OSHA "uncovers slew" of violations at refiner-ies, to me, is a joke. Fines for violations are cheaper to pay than to fix the problems! How can we uncover what heretofore we didn't wish to find?

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How would you like to participate in this study?

Researchers monitored 10 male volunteers who spent an hour in a room filled either with clean air or exhaust from a diesel engine. The exhaust-filled room was set to mimic the highest level that people might encounter in the environment or at work, for example on a busy road or in a garage.

Volunteers were connected to an electroencephalograph (EEG) to monitor the brain's electrical signals during exposure and for the hour afterwards.

Within 30 minutes, the participants in the exhaust room showed signs of stress on the EEG, indicating a change in the way the brain processes information.

I'll pass thanks.  It is common sense that these types of fumes are not good for you.  Your own body tells you that when you breath them.

Source:  Diesel Fumes and Benzene

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From the Times Herald.  News of  Benzene Leak. The result is a "shelter in place" order.  How would you like to get that phone call?  Please stay in your house, there is a lot of benzene in the air, but we can't tell you how much.  I guess Imperial Oil is not sharing exactly how much benzene was released with the public.

Imperial Oil keeps working after leak

Imperial Oil crews started transferring the contents of a damaged storage tank to another tank Saturday to stop any chance of more emissions after a benzene leak Friday that put residents of southeastern Sarnia under a shelter-in-place order. Company officials said as the work to transfer the benzene progresses, they will continue to apply firefighting foam, which reduces the chance of the benzene evaporating, according to a company statement. Once the transfer is complete, they will begin to assess damage and start repairs. The crews are operating under a Chemical Valley Emergency Coordinating Organization code 8, which notifies authorities of a potential problem in Chemical Valley. Imperial Oil is monitoring air-quality levels inside and outside the chemical plant and the results are being shared with the Ministry of Environment and with Sarnia officials. Public inquiries concerning the incident should be directed to (519) 339-5666.

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Printers are one group of people who have historically had some significant benzene exposure.  Here is an example of a lawsuit filed in Illinois claiming that benzene exposure caused myleodysplastic syndromes.

The estate of James Granat filed suit against 19 defendant corporations in Madison County Circuit Court claiming his benzene exposure caused him to develop myelodysplastic syndrome and acute myelogenous leukemia which led to his death on Jan 17.

According to the complaint filed March 5, Granat worked for various employers throughout Illinois performing work in the printing industry and as a security guard.

The suit claims Granat's exposure to benzene was completely foreseeable and could or should have been anticipated by the defendants. It also claims the defendants knew or should have known that benzene had a toxic, poisonous and highly deleterious effect upon the health of the persons inhaling, ingesting or otherwise absorbing it.

The eight-count suit seeks in excess of $400,000 in compensatory damages and attorney fees.

Benzene is an aromatic hydrocarbon that is produced by the burning of natural products. It is a component of products derived from coal and petroleum and is found in gasoline and other fuels and is used to make some types of rubbers, lubricants, dyes, detergents, drugs and pesticides.

Natural sources of benzene include volcanoes and forest fires. Benzene also is a natural part of crude oil, gasoline, and cigarette smoke.

Benzene, which is known to be a carcinogen, is used in the manufacture of plastics, detergents, pesticides and other chemicals.

Source:  Madison County Record

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This is a copy of the Consumer Fact Sheet on Benzene from the EPA.  Thought I'd pass this along to you.

 

What is Benzene and how is it used?

Benzene is a clear, colorless aromatic liquid. It is highly flammable. The greatest use of benzene is as a building block for making plastics, rubber, resins and synthetic fabrics like nylon and polyester. Other uses include: as a solvent in printing, paints, dry cleaning, etc.

The list of trade names given below may help you find out whether you are using this chemical at home or work.

Trade Names and Synonyms:

Benzol 90
Pyrobenzol
Polystream
Coal naphtha
Phene

Why is Benzene being Regulated?

In 1974, Congress passed the Safe Drinking Water Act. This law requires EPA to determine safe levels of chemicals in drinking water which do or may cause health problems. These non-enforceable levels, based solely on possible health risks and exposure, are called Maximum Contaminant Level Goals.

The MCLG for benzene has been set at zero because EPA believes this level of protection would not cause any of the health effects described below.

Based on this MCLG, EPA has set an enforceable standard called a Maximum Contaminant Level (MCL). MCLs are set as close to the MCLGs as possible, considering the ability of public water systems to detect and remove contaminants using suitable treatment technologies.

The MCL has been set at 5 parts per billion (ppb) because EPA believes, given present technology and resources, this is the lowest level to which water systems can reasonably be required to remove this contaminant should it occur in drinking water.

These drinking water standards and the regulations for ensuring these standards are met, are called National Primary Drinking Water Regulations. All community water supplies must abide by these regulations.

What are the Health Effects?

Short-term: EPA has found benzene to potentially cause the following health effects when people are exposed to it at levels above the MCL for relatively short periods of time: temporary nervous system disorders, immune system depression, anemia.

Long-term: Benzene has the potential to cause the following effects from a lifetime exposure at levels above the MCL: chromosome aberrations, cancer.

How much Benzene is produced and released to the environment?

Production of benzene has increased: from about 9.9 billion lbs. in 1984 to over 12 billion lbs. in 1993.

Benzene is released to air primarily from fumes and exhaust connected with its use in gasoline. Other sources are fumes from its production and use in manufacturing other chemicals. In addition, there are discharges into water from industrial effluents and losses during spills.

From 1987 to 1992, according to the Toxics Release Inventory, releases of benzene to water and land totalled over 2 million lbs. These releases were primarily from petroleum refining industries, with the greatest releases occurring in Texas.

What happens to Benzene when it is released to the environment?

If benzene is released to soil, it will either evaporate very quickly or leach to groundwater. It can be broken down by some soil microbes. It may also be degraded in some ground waters. If benzene is released to surface water, most of it should evaporate within a few hours. Though it does not degrade by reacting with water, it may be degraded by microbes. It is not likely to accumulate in aquatic organisms.

How will Benzene be Detected in and Removed from My Drinking Water?

The regulation for benzene became effective in 1989. Between 1993 and 1995, EPA required your water supplier to collect water samples every 3 months for one year and analyze them to find out if benzene is present above 0.5 ppb. If it is present above this level, the system must continue to monitor the benzene levels.

If contaminant levels are found to be consistently above the MCL, your water supplier must take steps to reduce the amount of benzene so that it is consistently below that level. The following treatment methods have been approved by EPA for removing benzene: Granular activated charcoal in combination with Packed Tower Aeration.

How will I know if Benzene is in my drinking water?

If the levels of benzene exceed the MCL, 5 ppb, the system must notify the public via newspapers, radio, TV and other means. Additional actions, such as providing alternative drinking water supplies, may be required to prevent serious risks to public health.

Drinking Water Standards:

Mclg: zero

Mcl: 5 ppb

Source:  EPA.gov

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Eliminate Pollutants...Sounds like a good goal to me.  It will be more interesting to me if it is a viable option in reducing the massive toxic exposure we all have in our lives.

A research team of the University of Granada has managed to produce the most useful material to date to eliminate pollutants such as benzene, toluene and xylene, organic solvents widely used in the hydrocarbon industry and generated by road traffic in cities. The world-wide problem of the exposure to aromatic hydrocarbons has mainly focused its attention on benzene, which is considered to be harmful to health, even in low concentrations.

This material is a monolithic carbon aerogel with the advantage of not only being able to retain these pollutants: it can also be easily regenerated and can therefore be used in several cycles. This research has been carried out by David Fairén Jiménez, from the Department of Inorganic Chemistry at the University of Granada, and directed by lecturers Carlos Moreno Castilla and Francisco Carrasco Marín. The aim of this study was to prepare and describe a series of new materials - monolithic carbon aerogels - as adsorbers of benzene, tolene and xylene (BTX).

Source:  Medical News Today

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From the Daily Breeze.com a story of benzene contamination in a residential neighborhood.

Soil contaminated with toxic substances covers a 16-acre swath centered in the 2100 block of Del Amo Boulevard, with the highest concentrations found in a 4.5-acre tract, authorities said.

That smaller area is where an investigation has detected levels of carcinogenic benzene vapors at levels of up to 20,000 parts per billion, say officials from the ExxonMobil Torrance Refinery.

The state mandates remedial action - in this case testing and monitoring - when benzene levels in residential areas exceed 10 parts per billion.

Source:  DailyBreeze.com

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OK we all may have heard that there are toxins in our house and our environment.  Formaldehyde, TCE and Benzene, but did you know that plants can clear the air.  This article talks about the  growing belief that plants in your home can help you have cleaner air.

Benzene This is found in tobacco smoke, inks, oils, plastics and paints, as well as detergents and dyes. In addition to eye and skin irritation, benzene causes dizziness and nausea when inhaled.

What happens to these toxins? A study conducted by Montreal-based Clean Production Action indicates that they end up in household dust. The study examined dust balls in vacuum-cleaner bags and found 35 toxic chemicals, all of which can cause respiratory and other health problems. That suggests that vacuuming serves mainly to transfer toxins from one part of the house to another. Moreoever, the contaminants will continue exuding their harmful molecules indefinitely.

So what's a homeowner to do? Turn to houseplants.

Most of us can remember a biology teacher drilling into us the fact that, through photosynthesis, green plants take in carbon dioxide and give off oxygen and water vapours. It now appears that plants, unlike humans, can thrive on a diet of toxins‚ benzene, formaldehyde, TSE and similar chemicals. The plants take in the toxins through the leaves, clean out the harmful contents and spill out healthy fresh air. That office rubber plant is working every night to clean the air.

Source:  National Post

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This is an amazing story.  I didn't know until reading this that there was a huge oil spill in Brooklyn. 17 Million Gallons...

When Laura Hofmann steps out her front door and takes a deep breath, she’s sometimes overwhelmed by petroleum vapors. Hofmann, a lifelong resident of Greenpoint, Brooklyn, doesn’t live next door to a gas station; she lives beside the nation’s largest oil spill.

An estimated 17 million gallons of oil (at least one-and-a-half times the amount spilled by the Exxon Valdez in Prince William Sound in 1989) from spills at ExxonMobil’s Greenpoint refineries and storage facilities soaked into the ground over the last century, creating a 55-acre plume of oil floating on top of groundwater 30-40 feet underground. Residents of this working-class neighborhood have been living with the spill for more than 50 years, enduring vapors seeping into some basements and wafting through the streets from nearby Newtown Creek, which the petroleum trickles into. A cleanup has been going on for three decades, but only about half of the oil has been removed. Only recently has the government sought to force accelerated remediation.

             ...

Though the EPA’s sampling of 52 homes above the plume last year found no indoor vapor exposure, tests performed by Riverkeeper revealed that the spill has released toxic vapors like benzene into Greenpoint. According to the CDC, long-term exposure to benzene can cause leukemia, and the immediate effects of inhaling benzene and other components found in petroleum, such as toluene and xylene, include drowsiness, dizziness, headaches, nausea, and irritation to the eyes, skin, and respiratory tract.

Read the Full Article Here:   Plenty Magazine

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This one is also from the Texas area.  This shows a typical situation where the AML was possibly caused by benzene exposure.  We see independent contractors as clients fairly often, because this is how a lot of work was done at these refineries.

An independent contractor for various local refineries during the '60s and early '70s, John Thompson says he was negligently exposed to benzene - a chemical which he claims has caused him to develop leukemia.

John and his wife Carol Thompson have filed suit against Chevron U.S.A. and eight other chemical companies on Feb. 7 in the Jefferson County District Court.

Some of the other defendants named in the suit include Texaco, E.I. DuPont, ExxonMobil and Goodrich.

According to the plaintiffs' petition, "at various times over a (decade) John Thompson was employed by various independent contractor employers as a laborer … upon the premises of the Defendants, (where he) was occupationally exposed to various toxic and carcinogenic chemicals benzene."

As a result of his benzene exposure, Thompson claims he developed acute myelogenous leukemia, the suit said.

Source: Southeast Texas Record

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Here is an example of a typical benzene case from and article (press release) in Texas:

For nearly four decades, David Waldrep worked at Texaco Asphalt in Port Neches, where he claims he was needlessly exposed to benzene. Now deceased, Waldrep's widow claims his benzene exposure caused him to develop non-Hodgkin's lymphoma.

His wife Judith Waldrep is suing Texaco, along with 38 other petroleum and chemical companies for negligently manufacturing and distributing benzene products. Her suit was filed on Feb. 7 in the Jefferson County District Court.

According to the plaintiffs' petition, the benzene products were placed into the stream of commerce by the chemical companies, exposing Waldrep to the "deadly" chemical, who worked as a painter and electrician for Texaco Asphalt from 1955 to 1993.

"The defendants sold … and produced toxic petroleum … in a defective and unreasonably dangerous condition," the suit said. "As a result of the breathing and ingestion into his body of these toxic and carcinogenic compounds, Waldrep sustained severe, permanent and deadly injuries in the form of non-Hodgkin's lymphoma."

Source:  Southeast Texas Record

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This is not an individual lawsuit for injuries.  It is a lawsuit related to benzene in the air and Clean Air Act violations.

HOUSTON, Texas, January 9, 2008 (ENS) - Sierra Club and Environment Texas filed a lawsuit Tuesday in federal district court against Shell Oil Company and several affiliates. The groups claim that Shell has repeatedly violated the Clean Air Act at its Deer Park, Texas, oil refinery and chemical plant, resulting in the release of millions of pounds of air pollutants over the past five years, including toxic chemicals such as benzene and 1,3-butadiene.

The lawsuit seeks a court order requiring Shell to end its Clean Air Act violations. In addition, Shell faces civil penalties of up to $32,500 per day for each violation of the Clean Air Act. Shell Oil Company is an affiliate of Royal Dutch Shell, ranked by "Fortune" magazine as the third largest company in the world.

Source:  Benzene Clean Air Act Lawsuit

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I read this over at Mother Earth News in their Bits and Pieces Section:

BENZENE ALERT: Benzene (a hydrocarbon that may contribute to the development of leukemia) is contained in such consumer products as stove and lantern fuels, brush cleaners, and rubber cement, and is also used as an octane booster in lead-free gasoline. The Carcinogen Information Program (Dept. TMEN, P.O. Box 6057, St. Louis, Missouri 63139) has published a special bulletin, entitled Benzene and Cancer , which is available free upon request (please include a self-addressed, stamped envelope).

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If you are researching the history of benzene you may find this link interesting.  It discusses how benzene was "discovered" and some interesting facts about it's structure and uses.

Discovery

The famous chemist, Michael Faraday discovered benzene in 1825 while distilling crude oil. Its empirical formula was found but its structure was not determined until 1865 when German chemist, Friedrich August Kekulé had a day-dream or “reverie” while thinking about the structure. He saw a snake curl round and bite its own tail, forming a ring structure. Kekulé immediately knew that benzene was a ring of six carbons connected by alternating double and single bonds

The article goes on to talk about common uses and the discovery that benzene causes cancer.  Can you believe that this stuff was once used as an aftershave!

Common Uses:

One of the most common uses of benzene is as an additive to petrol or gasoline in cars. It improves what is known as the octane rating and reduces knocking. In the drive to reduce lead-containing additives in petrol benzene has been used as a replacement, although there are some health issues related to benzene itself. It is used in many parts of the chemical industry as a raw material in the manufacture of plastics, lubricants, drugs and pesticides.

Cancer Causing:

In the early twentieth century benzene was used as an after-shave lotion because of its pleasant smell, but it has since been discovered to be seriously hazardous to the health. It can be carried through the blood and damage bone marrow and red blood cells. It is also carcinogenic and can cause leukaemia.

Source:  The Chemistry of Benzene

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Stumbled upon this fact sheet at the EPA.  While this fact sheet deals with Benzene in drinking water, it has a great summary that is relevant to individual benzene exposure and lawsuits.

What is Benzene and how is it used?

Benzene is a clear, colorless aromatic liquid. It is highly flammable. The greatest use of benzene is as a building block for making plastics, rubber, resins and synthetic fabrics like nylon and polyester. Other uses include: as a solvent in printing, paints, dry cleaning, etc.

The list of trade names given below may help you find out whether you are using this chemical at home or work.

Trade Names and Synonyms:

Benzol 90
Pyrobenzol
Polystream
Coal naphtha
Phene

Why is Benzene being Regulated?

In 1974, Congress passed the Safe Drinking Water Act. This law requires EPA to determine safe levels of chemicals in drinking water which do or may cause health problems. These non-enforceable levels, based solely on possible health risks and exposure, are called Maximum Contaminant Level Goals.

The MCLG for benzene has been set at zero because EPA believes this level of protection would not cause any of the health effects described below.

Based on this MCLG, EPA has set an enforceable standard called a Maximum Contaminant Level (MCL). MCLs are set as close to the MCLGs as possible, considering the ability of public water systems to detect and remove contaminants using suitable treatment technologies.

The MCL has been set at 5 parts per billion (ppb) because EPA believes, given present technology and resources, this is the lowest level to which water systems can reasonably be required to remove this contaminant should it occur in drinking water.

These drinking water standards and the regulations for ensuring these standards are met, are called National Primary Drinking Water Regulations. All community water supplies must abide by these regulations.

What are the Health Effects?

Short-term: EPA has found benzene to potentially cause the following health effects when people are exposed to it at levels above the MCL for relatively short periods of time: temporary nervous system disorders, immune system depression, anemia.

Long-term: Benzene has the potential to cause the following effects from a lifetime exposure at levels above the MCL: chromosome aberrations, cancer.

How much Benzene is produced and released to the environment?

Production of benzene has increased: from about 9.9 billion lbs. in 1984 to over 12 billion lbs. in 1993.

Benzene is released to air primarily from fumes and exhaust connected with its use in gasoline. Other sources are fumes from its production and use in manufacturing other chemicals. In addition, there are discharges into water from industrial effluents and losses during spills.

From 1987 to 1992, according to the Toxics Release Inventory, releases of benzene to water and land totalled over 2 million lbs. These releases were primarily from petroleum refining industries, with the greatest releases occurring in Texas.

Source:  EPA.gov

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Why would it be important to list how a person learned about the connection between AML and benzene? 

This article, I found,  lists that as the headline.  The person who filed the lawsuit learned about the connection between AML and Benzene from a TV ad.  The reason it may be important is that the case may have a problem with the statute of limitations

The Statute of Limitations is a law which limits the amount of time that you have to file a lawsuit.  In some states it can be very short (1 year) and in others it can be 3 years or more.  In a lot of the states, the law is written in such a way that the statute of limitations "clock" doesn't start until after you learn of the connection between the disease and benzene. 

This is called the discovery rule.  The time starts to run you discover the connection between your injury and the benzene.  This is not true in all states, so you have to carefully read the law to find out.

Here's the article:  "TV Ad informs laborer of links to disease"

Had it not been for a television advertisement, laborer Steve Ivkovcic may not have known the reason he developed acute myelogenous leukemia was because of benzene-containing products he was exposed to at work.

Ivkovcic, a machinist and tool and die maker, filed a benzene suit against 11 defendant corporations in Madison County Circuit Court Feb. 7, alleging benzene caused his disease.

"Steve Ivkovcic did not know that the products (he was exposed to at work) contained benzene, or that benzene could cause Acute Myelogenous Leukemia until approximately August of 2007 when he saw a television advertisement," the complaint states.

Ivkovcic was employed at Pactiv in Wheeling, Ill. from 1986 until 2007, and at Johnson Motors in Waukegan, Ill. from 1970 until 1986.

He claims that during his employment at Johnson Motors, he was exposed to benzene and benzene-containing products which were manufactured and/or sold by the defendants, which include BP Products North America Inc., BP Corporation North America Inc., BP Amoco Chemical Company, Exxon Corporation, Exxon Mobil Corporation, Exxon Mobil Oil, Radiator Specialty Company, Sunoco, Inc., Sunoco (R&M), United States Steel and Aristech Chemical.

Ivkovcic claims the benzene-containing products consisted of products known as "Naptha" which was manufactured by Amoco and Mobil.

According to the complaint, Naptha was manufactured at Amoco at its Wood River refinery.

He was diagnosed with AML in the summer of 2006, the complaint states.

AML is a fast-growing cancer of the blood and bone marrow - the spongy tissue inside bones where blood cells are made.

Ivkovcic claims the defendants were negligent by failing to use ordinary care to eliminate benzene from products and failed to provide a safe place for him to work.

He also claims the defendants failed to give adequate warnings of the harmful effects associated with exposure to benzene and benzene-containing products and failed to provide adequate safety equipment and/or failed to recommend adequate safety and control measures.

According to Ivkovcic, his disease has disabled and disfigured him, caused him to incur medical expenses, and has caused great physical pain and mental anguish.

Represented by Thomas Schwartz of Holloran, White & Schwartz in St. Louis and L. Jeth Jones of Houston, Ivkovcic is seeking damages in excess of $150,000, plus costs of the suit.

The case has been assigned to Circuit Judge Nicholas Byron.

Source:  St.Clair Record

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Hairdressers, farmers, petroleum workers, truck drivers all appear to have a high risk of developing cancer than their office worker counterparts.

Interesting Article coming out of New Zealand:

Blue collar workers such as cleaners, truck drivers, fruit and vegetable growers and meat processors are at higher risk of developing cancer than their office-based counterparts, a new study warns.

 

Hairdressers and sewing machinists were also found to be far more susceptible to bladder cancer than other workers.

Scientists believe exposure to potentially toxic chemicals, dyes, pesticides and viruses are causing spikes in job-related diseases.

Continue Reading...

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This entire story amazes me.  What the heck is Benzene doing in drinks?  I'm practically speechless over it.

Nearly one out of ten of 200 beverage samples analyzed in a recent study by the EPA and FDA still had benzene levels above the U.S. EPA drinking water limit of 5 parts per billion (ppb).

Many manufacturers have reformulated their products to minimize or eliminate benzene. In these reformulated products, benzene levels were 1.1 ppb or less. About 71 percent of beverage samples contained less than 1 ppb.

...

Benzene is not something you want to be consuming as it has been linked to leukemia and other problems. It is usually found in pollutants such as car exhaust fumes. Ironically, the main reason it’s in soft drinks these days is because some manufacturers have added vitamin C to their beverages in an effort to make them seem more healthy.

Source: http://www.vivelecanada.ca/article.php/20080129092441196

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What does that mean?  It means that unless you can show that the manufacturer did not comply with the OSHA regulations then you cannot (at least in this particular benzene lawsuit) proceed with a "failure to warn claim"

Here's the post from the Product Liability Prof Blog:

A Minnesota DIstrict Court dismissed a wrongful death action brought by the family of a former industrial worker against the makers of benzene-containing products to which he was allegedly exposed in his workplace.  OSHA regulations that govern warning and labeling requirements for hazardous chemicals used in the workplace preempt any additional state law requirements, according to the court.  Thus, the only way the plaintiffs could show liability for failing to warn was to show that the manufacturers violated the OSHA regulation requiring warnings be given for products containing more than 0.1% benzene.  Because the plaintiffs produced no evidence that the defendants violated the regulation, the court ruled that the companies were entitled to summary judgment in their favor.  Vettrus v. Ashland, Inc., Minn. Dist. Ct., No. C9-04-817, Jan. 9, 2008).

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Benzene is used in the manufacturing of other chemicals, including:

• nylon
• polystyrene
• pesticides
• gasoline

Benzene is one of the 20 most widely used chemicals in production in the United States.

From About.com

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An appeal was recently filed in a case where a lower court ruled that the time limit on a person's benzene claim began running when the person was first exposed to benzene.  Wow.  Well this is one big problem with exposure lawsuits.  The question I have is how can person bring a lawsuit for an injury they don't know they have yet. One idea (which is not new) is to allow the time period to start running when the person first learned that the benzene exposure was linked to their aplastic anemia, MDS (Myleodysplastic Syndrome) or AML.

See this link for more on the story of this person who is appealing to the US Supreme Court over this lower court decision.

http://www.al.com/news/mobileregister/index.ssf?/base/news/1175937607192090.xml&coll=3

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Despite an initial backlash against what they perceived to be an overstep of mayoral authority, Baytown officials and state lawmakers seem to be falling in step, at least in principle, with Houston Mayor Bill White's efforts to curtail benzene emissions from east Harris County refineries.

The ball is now rolling on a regional task force overseen by the Greater Houston Partnership and composed of scientists, environmental advocates, industry representatives and appointees by several local mayors, including Baytown mayor Stephen DonCarlos. The task force, the actual members of which are still being decided, should begin sitting down to discuss strategies within the next few months.

At the heart of the task force's mandate, at least from White's perspective, will be the voluntary reductions on benzene emissions that first sparked the outcry from officials and led to the meeting of local mayors out of which the task force eventually sprouted. Benzene, a common gasoline component and byproduct known to cause cancer over long periods of exposure in a small percentage of humans, has been red-flagged by scientists as being the toxic chemical most likely to affect people in the greater Houston-Galveston area.

For the Rest of the story please see the Baytown Sun

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This is why Statutes of Limitation are SO important.  This guy filed a claim within 1 year of when he discovered that benzene caused his cancer, BUT it apparently was not filed within a year from when he was diagnosed (although the story is not clear on that).  In this case, he got caught in a state law trap.  The court told him that state law required that the claim be filed earlier.

Source:  www.kake.com

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Gerald Michaud of Wichita, Kansas was a malpractice lawyer who took on some ground breaking cases.  He died at his home at age 76 of congestive heart failure.  One case that he had was a benzene case where he proved that it caused his client's cancer.  He got a verdict for that client.  Amount:  $34 million.

Source:  RedNova.com

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What does a railroad or shipyard have to do with Benzene? Other than the fact that benzene is found in many products there, the answer is FELA.  FELA is the Federal Labor and Employment Act.  This act basically is the workers compensation law that governs these workers.  FELA gives many workers the right to pursue a workers comp claim by using a lawsuit instead of the usual administrative state workers comp system.

If you are a shipyard or railroad worker this law basically gives you another option.  And using FELA is often to your advantage.

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Knowing whether the filter you use is still good has always been difficult.  You estimate how long you have used it and then compare that to federal standards.  Researchers at Carnegie Mellon University have developed a system that uses small sensors in the filters to tell you when the filters are no longer any good.

The sensors are able to react to different chemicals such as benzene and measure whether the filter is still good.

It's an interesting article.  Read it here... PittsburghLive.com

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In India, benzene has caused aplastic anemia and pancytopenia in several diamond workers.

Source:  Times of India

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We occasionally get contacted by people who have been exposed directly to pesticides.  Their question...did that exposure cause their blood disease (aplastic anemia, NHL, AML, etc.)?  Usually we cannot connect the pesticide to the blood disease.  BUT  If they were exposed to the process of making the pesticide, then they might have a case.

The reason is that benzene in some form is used in making pesticides.

See this article in the Billings Gazette talking about a few people who are suing over just that.

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We focus on blood cancers caused by benzene.  These cases are primarily related to industrial exposure.  That is, our clients usually work directly with the benzene or other organic solvents or petroleum.

There is a another type of benzene case and that relates to drinking water.  Around the country there are cases where homeowners and water districts have sued various companies because those companies have contaminated the drinking water.  These class actions ask for:

• the cost of repairing those water systems, or
• for damages because the benzene caused a blood disease such as MDS or Aplastic Anemia

  One thing that makes these cases hard is proving the level of exposure to benzene.

I started thinking about this today, because I ran across this article.  Glenwood Springs Post Independent

Oh... what is one of the worst sources of contamination that I have heard of...leaking underground fuel tanks.

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This is a list of some of the jobs our clients did and the types of products they were exposed to.  Many of these products were the ones with Benzene in them.

Airplane refueler                   Aviation fuel
Computer Maintenance          Ink solvents
Painter                                 Paints and Paint thinners
Refinery Worker                   Welding Solvents
Auto Mechanic                      Brake and parts cleaners
Tire maker                           Rubber solvents
                                           (often the take the bead
                                            off a bad tire)
Paving                                  Asphalt
Printer                                 Ink and ink solvents
Oil Refinery Worker              Solvents, oil, petroleum products
Gas tank inspection              Petroleum residue and solvents
Oil Refinery Maintenance      petroleum residue and solvents

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The Petroleum industry has apparently decided that they do not like the results of the National Cancer Institute and the National Institute of Health studies that found that benzene is related to cancer.  So what do you do??

Go make your own study so you can stand up in court and try to say with a straight face that you don't think benzene is related to leukemias and blood cancers.

Here's why they did it...

The $27 million study undertaken by the American Petroleum Institute aims to give the industry leverage against any consequences of a study by the National Cancer Institute, a division of the National Institutes of Health, that suggests occupational exposure to benzene is more dangerous than previously believed.

If you doubt that they are doing this study to protect against lawsuits... then read this.

The industry fears the possibility of tighter regulations or lawsuits from cancer patients, according to documents found in boxes of evidence in an unrelated lawsuit.

Source:  Yahoo News

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The NIH has a .pdf file that you can access that reviews Benzene and its link to leukemia, particularly Benzene's link to AML (Acute Myelogenous Leukemia or Acute Myeloid or Myelocytic Leukemia)

• The letter reviews that Benzene is "known to cause cancer"
• That occupational exposure to benzene increases your risk of mortality
• What Benzene is in (gasoline, crude oil, etc.)
• Where it is produced (from coal and petroleum)
• current exposure standards (PEL Permissible exposure limit (1ppm))

Access the information sheet here at the National Institute for Health

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Just a quick link to a story about the very high rate of work related diseases in China.  The focus is on respiratory illnesses but compounds such as benzene and the related leukemias surely have a higher rate as well.

Source:  Yahoo News

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Can you represent someone from Canada?  I have had that question before.  The quick answer is yes.

Where you live NOW is not the only thing that matters when you are filing a claim.  It is where you worked and what companies are involved in your benzene case that have a large effect on where the case is filed.

For example, we have a case where the person lives in New Hampshire, but the claim is filed in New Jersey because that is where the defendant legally lives. The same holds true for Canadian clients. We see the same thing across the board in all kinds of product liability cases, such as Vioxx and asbestos.  So if you live in Canada and have been exposed to petroleum products or other solvents that contain benzene, then you MIGHT have a claim that can be brought in the United States.

You need to focus on exactly what you were exposed to.  This is one of the most important parts of any benzene exposure case, because you have to be able to accurately and legitimately identify which product you worked with that has the benzene in it that caused your disease, whether it is Myelodysplastic Syndromes, Non-Hodgkin's Lymphoma, AML or Aplastic Anemia.

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The New York Times has a story about the EPA updating standards for exposure to certain chemicals.  In that list of chemicals is benzene.

In the article they note that while some chemicals pose more risk to animals than to humans they also go on to say:

Newer studies also show that some substances may be more harmful to humans than once thought. Dr. Farland cited research that now suggests that benzene, a chemical used in the manufacture of a variety of products, is a potential threat to humans at lower levels than previous studies showed.

Source:  NYTimes You have to register to read their articles but the registration is free.

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This is from our other website, but it is related to where can we find benzene these days.

Benzene is an aromatic hydrocarbon that is produced by the burning of natural products. It is a component of products derived from coal and petroleum and is found in gasoline and other fuels. Benzene is used in the manufacture of plastics, detergents, pesticides, and other chemicals. Research has shown benzene to be a carcinogen (cancer causing). With exposures from less than 5 years to more than 30 years, individuals have developed, and died from, leukemia. Long-term exposure may affect bone marrow and blood production. Short-term exposure to high levels of benzene can cause drowsiness, dizziness, unconsciousness, and death. The current permissible exposure level is 1 part per million (ppm) in air for an 8 hour average with a short-term exposure limit of 5 ppm. Benzene can also be absorbed through the skin.

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