In what may be a devastating blow to drug maker Merck, a New Jersey appeals court overturned a lower court’s decision to dismiss a proposed class-action suit against the company. In a unanimous ruling, the three-judge panel declared that the lower court “prematurely terminated plaintiffs’ opportunity” for legal recourse and must reconsider the case.

The proposed class-action suit seeks to hold Merck financially responsible for coronary testing of former Vioxx patients–including those who haven’t yet shown signs of adverse reactions. That group may very well include hundreds of thousands of former Vioxx patients.
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For the first time ever, federal funds have been given to a nonprofit group dedicated to eradicating mesothelioma. The Mesothelioma Applied Research Foundation (Meso Foundation), said it received  federal research funding from the Department of Defense Peer Reviewed Medical Research Program and National Institute for Occupational Health and Safety (NIOSH). Mesothelioma is a deadly disease that is most commonly associated with asbestos exposure. Workers in certain occupations, including shipyard workers and auto works, are among the hardest hit with mesothelioma.
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Much the same way the U.S. government denied the chemical defoliant Agent Orange was the cause of widespread deaths and cancer among military personnel returning from Viet Nam, the City of New York and the New York City Police Department have repeatedly refused to recognize that hundreds, if not thousands, of rescue and recovery workers, who toiled at Ground Zero, are now seriously ill or dying from the effects of exposure to the toxic cloud that hung over the area for weeks following the terrorist attacks 9/11.

Any such admission by the City and the NYPD would have far reaching effects since it would potentially force the re-classification of disability pensions and death benefits due to the injured police officers or their survivors.
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The gaping hole in lower Manhattan where the World Trade Center (WTC) towers once stood is a grim reminder of that sunny September day in 2001 that shook the world. The physical scars, however, are not the only reminders of 9/11 that continue to haunt those who were caught in, or responded to, the terrorist attacks.

Only this week, stories appeared that told of several dozen bone fragments being found on the roof of a building near to “Ground Zero” and of clothing that still carried potentially lethal amounts of asbestos fibers.
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Although the often fatal cancer known as mesothelioma is almost always associated with asbestos, a new study has found that environmental exposure to a (nonasbestos) volcanic mineral, erionite, may be just as dangerous.

The study, published in the March 15 issue of the Journal of the National Cancer Institutefound a high incidence of mesothelioma among people living in a region of Turkey where erionite is plentiful and commonly used in construction and produce storage rooms.
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A new study has found that GlaxoSmithKline’s (GSK) popular asthma drug, Serevent, (salmeterol), exposes African-American patients to a higher risk of asthma-related death.

The study was led by Dr. Harold S. Nelson, professor of medicine, allergy and immunology at the National Jewish Medical and Research Center in Denver, Colorado.

Serevent is a member of the beta agonist class of asthma medications, which treat asthma symptoms by relaxing inflamed airways. (more…)

Currently, the U.S. Senate is debating a bill (S.852) that would establish a 30-year, $140 billion asbestos victims’ compensation trust fund that, in essence, would eliminate asbestos lawsuits and create a 30-year fund financed by companies facing litigation and their insurers. Victims would lose their right to sue for compensation and would be required to go to the fund for relief.

In addition, personal injury and wrongful death lawsuits have already resulted in the payout of billions of dollars in damages in the U.S., asbestos manufacturers have sought bankruptcy protection, and significant settlements have been announced in other countries to resolve similar liability claims. (more…)

In the ongoing war between those who have suffered the deadly ill-effects of smoking and the tobacco industry, there have been victories and defeats for each side. Big Tobacco has staunchly defended itself in a case-by-case approach refusing to settle individual claims much the same way Merck has chosen to fight the thousands of lawsuits involving Vioxx.

As a result of this strategy, the tobacco cases in litigation have slowly made their way through the discovery process, trial, and numerous appeals before reaching conclusion. Many times, appellate courts have overturned or greatly reduced damage awards. In some cases, verdicts in favor of plaintiffs have been set aside and the cases dismissed on appeal due to insufficient evidence on the issue of causation. (more…)

In what is being called “the first in-depth analysis of the global impact of birth defects,” by a number of sources like HealthDay News, the March of Dimes is reporting that over 8 million children worldwide are born with a serious genetic or partly genetic birth defect each year.

The report, titled The March of Dimes Global Report on Birth Defects: The Hidden Toll of Dying and Disabled Children, states at least 3.3 million children under 5 years old die every year from serious birth defects. (more…)

An international scientific conference, Occupational and Environmental Exposures of Skin to Chemicals-2005, is taking place this week in Stockholm, Sweden. More than 200 participants from around the world will discuss skin exposure to toxic, irritant, and allergenic chemicals in the workplace and the non-occupational environment. The group will also discuss ways to minimize exposure and prevent hazardous effects.

The development of new products and chemicals also presents the problem of determining what effect exposure to them may have on humans. This can be quite problematic since some toxic substances take a very long time to cause detectable injuries. For example, in the case of asbestos it takes between 20 and 50 years for mesothelioma to develop. Thus, merely because a new product does not cause immediate harm there is no reason to celebrate. Many "miracle" products, chemicals, and drugs have proven to be highly toxic only after the public has been exposed to what they believed was a safe substance for a considerable length of time.