Friday, December 21, 2007

Asbestos: A Lesson in Shame

Cancer Monthly, LLC

How can a tiny mineral kill tens of thousands of people and cost industry billions of dollars?

It's actually pretty simple when the mineral is a carcinogen called asbestos and companies tried to hide its dangers.

Outrageous Behavior Leads to Death Sentences

We are all vulnerable when companies act outrageously. If a corporation discovers that its products contain a substance that is dangerous to human health we want companies to do the right thing and warn employees and consumers and get the danger out of the product fast. But history has shown that such expectations are often unrealistic.

We have all heard about the exploding Ford Pinto and the more recent children's toys from China filled with lead, but asbestos is the classic example of industry's greed, belligerence, and criminal behavior that kills innocent people.

Asbestos was put into thousands of products - cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. Millions of people were exposed to this carcinogen and, as a result, many have been diagnosed with asbestosis, lung cancer and mesothelioma. These diseases tend to be incurable and deadly. For example, people with mesothelioma generally have a life expectancy of less than a year.

"Deadly Hug" from Parents to Children

Children were also vulnerable especially if the parent worked with or near asbestos. Parents would often bring the dust home on their clothes. The so-called "deadly hug" would follow. Children greeted their parents with a hug and the dust would be transferred from parent to child. Many of these children are also diagnosed with asbestos caused diseases years later.

Chronology of Shame

The following are just a sample of events that occurred that provided companies with knowledge that asbestos was dangerous. This information comes primarily from two books: "Outrageous Misconduct: The Asbestos Industry on Trial," written by Paul Brodeur and "Asbestos: Medical and Legal Aspects," written by Barry I. Castleman.

  • 1922: Louis Dublin, a statistician for the Metropolitan Life Insurance Company, writes that asbestos workers are at risk of injury to the lungs.

  • 1930: One major asbestos company, Johns-Manville, produces a report, for internal company use only, detailing the fatalities and medical injuries of asbestos workers.

  • 1932: A letter from the United States Bureau of Mines to asbestos manufacturer Eagle-Picher states, "It is now known that asbestos dust is one of the most dangerous dusts to which man is exposed."
  • 1933: Metropolitan Life Insurance Company doctors find that 29% of the workers at one Johns-Manville plant are suffering from asbestosis. Johns-Manville settles lawsuits by eleven employees on the condition that the lawyer for the employees agrees that he will not bring any new actions against Johns-Manville.

  • 1934: Officials at Johns-Manville and Raybestos Manhattan, rewrite an article about the diseases of asbestos workers written by a Metropolitan Life Insurance Company doctor to minimize the danger of asbestos dust.

  • 1935: Johns-Manville and Raybestos Manhattan instruct the editor of Asbestos Magazine to publish nothing about asbestosis.
  • 1936: A group of asbestos companies agree to sponsor research on the health effects of asbestos dust, but require that the companies have complete control over the disclosure of the results.
  • 1942: An Owens Corning corporate memorandum refers to "medical literature on asbestosis . . . [and] scores of publications in which the lung and skin hazards of asbestos are discussed."
  • 1942-43: The president of Johns-Manville says that the managers of another company were "a bunch of fools for notifying employees who had asbestosis." When one of the people in attendance ask, "Do you mean to tell me you would let them work until they drop dead?" According to deposition testimony, the response was, "Yes. We save a lot of money that way."
  • 1944: Metropolitan Life Insurance Company finds 42 cases of asbestosis among 195 asbestos miners.
  • 1944: The Journal of the American Medical Association reports that asbestos is one of the "agents known or suspected to cause occupational cancer."
  • 1951: Asbestos companies remove all references to cancer before allowing publication of research they sponsor concerning exposure to asbestos.
  • 1953: National Gypsum's safety director wrote to the Indiana Division of Industrial Hygiene, recommending that acoustic plaster mixers wear respirators "because of the asbestos used on the product." Another company official notes that the letter was "full of dynamite," and urges that the letter be retrieved before reaching its destination. A memo from those files notes that the company "succeeded in stopping" the letter which "will be modified."
  • 1964: Dr. Irving Selikoff publishes a study in the Journal of the American Medical Association, proving that people who work with asbestos containing materials have an abnormal incidence of asbestosis, lung cancer, and mesothelioma.
  • 1989 and 1991: In 1989, the United States Environmental Protection Agency bans asbestos and most of its uses, but, in 1991, asbestos companies win a federal lawsuit which overturns the EPA's asbestos ban.

Civil Liability "Hits Them Where They Hurt"

You can only keep a secret so long. These facts and many others finally did come out. Because workers and consumers were exposed to asbestos thanks to the outrageous behavior of these companies, these corporations were now exposed to civil liability costing billions of dollars. But money, no matter how much, does not reimburse for a dead father or mother or brother or sister. More than anything, the money hits corporations where they hurt. It punishes them because for decades they placed profits above human life.

Lessons in Shame?

But, you will note that while the EPA tried to ban asbestos in this country, some asbestos companies were able to overturn the ban. This means that asbestos, albeit in much smaller concentrations, is still used in some products in the U.S. especially products imported from countries with lax environmental rules.

So what are the lessons? They are not new. One is that companies will act belligerently, irresponsibly and dangerously if they decide it is in their best interest to do so. Another lesson is that even when the truth comes out, it does not mean that the problem goes away. Asbestos is still here and people are being diagnosed with asbestos caused disease, including deadly cancers, from exposure decades before.

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