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

In the largest settlement in the 14 year history of the EPA's audit policy, chemical and textile giant Invista will spend $500 million to bring 12 plants into compliance with environmental laws. The EPA's audit policy includes incentives to companies that voluntarily disclose and correct environmental violations.

All of the plants in question were recently purchased by Invista from Dupont.  Soon after purchasing the plants Invista disclosed 680 violations at 12 plants in 7 states. In March 2008 Invista filed an $800 million lawsuit against Dupont citing the companies failure to allow a thorough review of the plants before sale. The suit is pending.

According to the EPA the spending will result in:

• $325 million in estimated annual human health benefits.
• 30 fewer premature deaths.
• 9,000 fewer cases of upper and lower respiratory symptoms.

The above results will be achieved through installation of  pollution control equipment to treat air pollutants and remove benzene from waste water.

The settlement includes a 1.7 million civil penalty.

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 A Kentucky myelodysplastic syndrome patient has filed a benzene suit against 18 corporations on the grounds that his condition was wrongfully caused.

Earl Brumleves worked as a service man, oil burner, pipe fitter, maintenance man and equipment repairman.  During these jobs Brumleves alleges he inhaled, ingested, or otherwise absorbed benzene.  The chemical is linked to rare blood disorders, including myelodysplastic syndromes, and acute myelogenous leukemia, and is known to cause cancer.91

Brumleve's debilitating condition cost him dearly.  Huge medical bills now loom over his family in addition to the pain and anguish he suffers as a result of the disease.  "myelodysplastic syndrome hindered and prevented Earl from pursuing his normal course of employment," according to the suit.

The five count lawsuit seeks compensatory damages in excess of $200,000, plus costs and other relief the court finds appropriate.

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A new risk model for myelodysplastic syndrome was recently found by researchers at the University of Texas M.D. Anderson Cancer Center. The model is able to provide researchers with survival projections for those living with myelodysplastic syndrome that can be applied to any patient, no matter what stage of the disease they are at.

"The previous prognostic model for MDS applies only to the newly diagnosed patient, so once therapy begins or the disease progresses, it cannot help guide our decisions," explains the study’s lead author Hagop Kantarjian, M.D., chair of M. D. Anderson's Department of Leukemia. ‘Our new model, developed by analyzing 1,915 patients over 12 years, is applicable to any patient with MDS at any time during the course of the disease.”

New Model Proves to be Better Than Existing One

An existing model, which is called the International Prognostic Scoring System (IPSS), was developed before there were effective MDS treatments available for patients. Myelodysplastic syndrome is a type of cancer that affects the red blood cells, white blood cells and platelets in the human body. Although researchers have found that there are many causes of the illness, exposure to benzene is found to be one of main reasons people develop this sometime life threatening condition.

The M. D. Anderson prognostic model that was recently developed, adjusts periodically after the patient is diagnosed with the illness. The model reportedly assigns points based upon a combination of age, platelet count, anemia, percentage of cancerous cells, or blasts, in the bone marrow, and any abnormalities that are found in the chromosomes.

How the New Model Was Tested

This new model was tested on 958 trial patients, who were separated into four prognostic groups with significantly different outcomes. The patients who were considered to be low-risk supposedly had a median survival of 54 months and 63 percent survived for an average of three years, compared with 6 months and 4 percent for patients who were of high risk.

 

These results were compared in a separate test group of 957 patients and the model was also documented as being highly effective for 507 patients who were newly diagnosed.

 

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Myelodysplastic syndrome (MDS) can oftentimes be a difficult illness to diagnose since there are many other health conditions that can have similar symptoms. Diseases like aplastic anemia, different leukemias and even HIV can be mistaken for MDS. As a result many patients are misdiagnosed when they actually are suffering from myelodysplastic syndrome.

In fact, with common symptoms like excessive bleeding, bruising and fatigue, patients typically have to be examined by a hematologist or hematopathologist to be accurately diagnosed as having myelodysplastic syndrome.

How Do Physicians Diagnose Myelodysplastic Syndrome?

Physicians are able to perform a number of tests to help them properly diagnose a patient. These tests are able to:

• Help determine if there are changes in the amounts of the patient’s blood cells
• Whether or not the cells have an abnormal appearance when they are analyzed in through a microscope.
• Show whether or not these changes are affecting the person’s bone marrow
• Lead to the discovery of any other factors that can be effective in determining the course of treatment for the patient

The Importance of Blood and Bone Marrow Tests

There are several types of blood tests that can help determine whether the patient’s blood level is within the normal range considered to be healthy. With MDS, the red blood cells could be low, which causes anemia. Platelets may also be low, which could be responsible for bleeding and bruising. And if the white blood cells are low, this means cells levels could be diminished and infections could be caused on a continuous basis.

Bone marrow tests are also helpful in making a proper myelodysplastic syndrome diagnosis. With a bone marrow transplant, a sample of the person’s bone marrow is taken to determine the number of blasts that are occurring with abnormal cells within the marrow. Physicians use a hollow needle that they insert into the hipbone in order to remove a piece of the marrow for a thorough examination.
 

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A couple living in Arizona recently filed a lawsuit in the Eastern District of Texas claiming wrongful exposure to benzene. The suit filed states that the plaintiff, Brian Foray, was wrongly exposed to the toxic chemical benzene while working for 17 years as a mechanic and maintenance worker. Twelve years after his exposure, Foray has been diagnosed with myelodysplastic syndrome, which is a sometimes fatal condition that is linked to benzene exposure.

After receiving his diagnosis, Foray and his wife, Francesca, have chosen to take action on their behalf and in the name of so many others who may have suffered as the result of employer negligence. The suit has been filed against Safety-Kleen Systems Inc., which is a corporation based out of Plano, Texas.

Benzene Details and Its Link to MDS

Benzene is a colorless liquid that has been labeled a known carcinogen since research has shown its obvious link to various cancers like leukemia and lung cancer. The chemical is often used as an additive in gasoline, soda, and is contained in cigarettes. Myelodysplastic syndromes, or MDS, are known as a group of diseases that affect the bone marrow. Although MDS is a somewhat rare disease, in a majority of cases it has been found to be associated with benzene exposure.

Foray says that while working for the defendant, he cleaned parts and heavy equipment with substances containing benzene. The complaint also states that Safety-Kleen manufactured and sold parts that were washed in benzene, which as a result exposed the workers to the toxin. The suit states the defendant acted with negligence and is to blame for Foray's current health condition.
 

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According to recent reports, the Aplastic Anemia & MDS International Foundation has awarded Vidaza a positive opinion for human use. The award was reportedly given to the European Committee for Medical Products for Human use (CHMP). The news is very pleasing and hopeful to patients who aren’t eligible to receive stem cell transplants to treat their illnesses.

The CHMP’s positive opinion for the use of Vidaza for human treatment is reportedly based upon data gathered from the AZA-001 trial, which demonstrated a higher survival rate for those with severe cases of myelodysplastic syndromes (MDS) and aplastic anemia. The Aplastic Anemia & MDS International Foundation is supposedly going to forward their approval to the European Commission. In doing so, the recommendation of Vidaza by the CHMP will be enabled to receive final marketing approval.

Reasoning Behind the Approval

“We are excited by Vidaza’s positive CHMP opinion because there are few treatment options for patients in Europe with this disease,” explains John Huber, Executive Director of the Aplastic Anemia & MDS International Foundation, “Vidaza not only extends patients’ lives, but also improves their quality of life. We are hopeful that Vidaza will receive marketing approval shortly and quickly be available for patients across Europe.”

Aplastic anemia is a rare condition where the bone marrow doesn’t produce sufficient new cells in order to replenish the blood cells. The aplastic Anemia & MDS International Foundation is committed to serving as a dependable resource for patient assistance and support. The organization provides patients and families with the latest medical information and funds to research and find cures for aplastic anemia and other related illnesses.

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According to recent reports, benzene, which has been linked to myelodysplastic syndromes, and other toxic chemicals were recently found near two homes near Kalamazoo, Michigan. The U.S. Environmental Protection Agency (EPA) discovered the materials, which were located in 500 barrels in a barn.

A spokesman for the EPA claims three of the barrels contained radioactive substances and all of the chemicals found pose an extreme threat to those living in the area. Not only are the chemicals that were found explosive, but they also could cause serious health problems to local residents.
Although there have been no signs of groundwater contamination in the area, the agency is warning those living in the area to take extra caution.

Research has found that exposure to benzene can cause various forms of leukemia, including myelodysplastic syndromes, once known as “preleukemia.” Benzene is typically used in the production of synthetic rubbers and dyes. However, it can also be found in various soda products and gasoline, two things people can generally expose themselves to on a daily basis.

Due to the nature of the problem in Kalamazoo, health officials are asking residents to immediately seek medical attention if they are feeling symptoms associated with benzene exposure. These symptoms include:

• Dizziness
• Pale skin
• Excessive bruising or bleeding
• Extreme fatigue

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CytRx Corp. recently bought out Innovive Pharmaceutical Inc, which is best known for its work developing a drug to treat myelodysplastic syndrome. According to reports, the buyout will ensure CytRx ownership of the cancer drug tamibarotene, along with three other major medications.
The deal was finalized late last week and CytRx reportedly bought the pharmaceutical company for $2.6 million. CytRx may also be asked to make up to $18.3 in milestone payments if the drug candidate’s sold under the Innovive name do well on the market. The entire buyout is expected to close by June.

Drugs Involved in the Buyout

The rights to the drug that got Innovive on the radar, Tamibarotene, will be given to CytRx as part of the buyout deal. Tamibarotene was recently approved in Japan to treat leukemia and is currently being studied for use in the US, Europe and Canada. Innovive was also working to develop an oral anti-leukemia medication that is being tested in lung cancer, leukemia, myelodysplastic syndrome and mesothelioma.

Myelodysplastic syndrome, or MDS, is a cancer that negatively affects the blood stream and bone marrow. Although a cure has not yet been found for the illness, there are treatments available and doctors and researchers are working vigorously to prevent MDS from taking more lives.
Leukemia is also a cancer that affects the bloodstream and is typically caused by exposure to benzene, a harmful chemical. Mesothelioma is a different form of cancer that affects the lining of the lungs and is caused by asbestos exposure

 

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The myelodysplastic syndromes (MDS) are a collection of clonally-derived hematopoietic disorders typified by peripheral blood cytopenias, transfusion-dependency, and in a subset of patients, increased likelihood of transformation to acute myeloid leukemia (AML).¹,² This past decade has brought increased attention to MDS with the approval by the U.S. Food and Drug Administration of three MDS therapies, and a more complete understanding of these diseases on a molecular level. This year at the American Society of Hematology (ASH) 2007 annual meeting, presentations focused on the implications and management of MDS- and treatment-related cytopenias; results of clinical trials of hypomethylating agents, including the first prospectively-acquired survival data; and extension of the potential applicability of immunomodulatory drugs.

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But something else was happening to Burgess's body, inside his bones. He was suffering severe headaches, and his blood was high in iron. He sought a diagnosis in 2000. A core sample of his hip bone confirmed he suffered from myelodysplastic anemia -- bone cancer.

Even with health insurance, the family still had to come up with $45,000 before the Cancer Care Alliance at the University of Washington could take him as a patient. The Burgess family relied on credit cards as they scrambled to prepare for his bone marrow transplant.

In April 2001, Burgess quit his job at Farmers' Co-op and flew with his daughter the next day to Seattle for his transplant.

The transplant was a success, but the family's struggles were far from over. Friends and co-workers held a benefit to raise money, and the Burgesses were overwhelmed by the support they received.

But by the time the family came home from Seattle, there was no money left.

"I didn't know where the next dime was coming from," said Burgess's wife, Val. "We had to fight the system."

Burgess's condition wasn't considered work-related.

He had spent some 15 years driving a fuel truck at Farmers' Co-op. Hair follicle samples indicated a high level of benzene in Burgess's body. The family believed that he had adsorbed and retained benzenes from frequent exposure to gasoline fumes without a respirator.

The workers' compensation division denied the claim, according to the family. Val sought an attorney and soon discovered that lawyers in Wyoming were reluctant to take on the workers' compensation program. She said one attorney in Casper told her outright that if they took on workers' compensation, "You're going to lose."

Val continued to fight. She eventually found a law firm in Pennsylvania that specialized in benzene cases. The family took the workers' compensation program to court, and they settled.

After that, workers' compensation began reimbursing medical expenses and travel for follow-up treatments. The Burgesses were relieved and grateful for the help, but working with the workers' compensation program proved difficult.

Val said it seemed like the program was designed to discourage people from getting help, and denying claims seemed habitual.

Burgess had developed high blood pressure as a result of photopheresis treatment. But workers' compensation officials initially refused to pay, despite several letters from doctors explaining it was symptomatic of Burgess's continued medical needs.

Val said that's the type of rigamarole the family experienced with workers' compensation over and over.

"It's a tough thing," she said. "I know you can't give everybody everything. But workers' compensation counts on people giving up."

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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.

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