A verdict was returned February 14, 2012, for two men in Northern Italy. One is a billionaire Swiss business man, the other from Belgium. They were sentanced to 16 years behind bars after being found guily of grosss negligence for more than 2,000 asbestos related deaths that occured on their watch. They were also heavily fined.
It is remeniscent of a case in Libby, Montana where executives of the WR Grace company were on trial for poisoning that town with asbestos dust, causing widespread disease and deaths due to mesothelioma and related cancers. They were let off the hook and were still liable for related civil lawsuits.
The defendants in the Italian case were found guilty of intentionally neglecting to install proper air handling equipment in the processing plant that would have protected the health of the workers by limiting asbestos exposure.
Over 6,000 people were seeking damages in the case. Besides the 2,000 deaths, there are thousands of others with chronic pulmonary disease, tumours and other maladies contracted over the past forty years.
The verdict may set a precedent for such proceedings around the world about environmental safety in the workplace. The Libby folks were hopeful that their case would set the precedent but came up short.
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My father died of, what was widely believed to be, mesothelioma. The doctor called it that due to the aggressive nature displayed in spreading. And, he had a history of exposure to asbestos in theconstructionindustry. However, in the end, the lab called it lung cancer -much to the family’s chagrin, as he was part of a class action lawsuitagainst the makers of asbestos. The article below talks about some of the early signs and symptoms of lung cancer -which is so closely related to mesothelioma.
My father had none of the symptoms, by the way. This info is offered in hope that someone will benefit from the information about lung cancer by noticing the symptoms and diagnosing the lung cancer before it’s too late.
Early Symptoms of Lung Cancer
Lung cancer is one of the most common and deadly forms of cancer. It is, then, important to catch it early. Below is a discussion about the early lung cancer symptoms which one should be aware of for early detection, diagnosis and treatment.
Statistics have it that lung cancer ranks among the highest cause of death from cancer of any kind -and it matters not whether you’re a man or woman. It is not only important, but smart to know what some of the earlier symptoms are. Some people are symptomatic as early as 45 years old -while others may not develop signs until age 70. Women are contracting lung cancer in increasingly higher numbers, as an increasing number of women have succumbed to the allure of smoking cigarettes.
When malignant cells inhabit the lungs, it is termed as primary lung cancer. However, healthy lungs can be affected by cancerous cells spreading from elsewhere. It then can be said the cancer metastasized, or, spread to the lungs. It could have originated in the bones or rectum, testicles, stomach or cervix, thyroid gland, prostate or skin, colon, breast or kidney.
Various Types of Lung Cancers
Ninety percent, or better, of lung cancers start their reign of terror in the bronchi, which are the two primary parts of the trachea. Named bronchogenic carcinoma, there are sub-types: squamous cell, small cell, large cell carcinomas and adenocarcinoma.
A related type of the adenocarcinoma type is called alveolar cell carcinoma. This type starts out in the alveoli. The alveoli are the micro air sacs in the lungs. This type can (and does) begin in one area of the lung but, can commonly be found in several locations.
Names of some lung tumors that are more uncommon include: bronchial carcinoid (both malignant or nonmalignant); sarcoma (cancerous); and chondromatous hamartoma, which is considered nonmalignant. Lymphoma is a cancer that wreaks havoc the lymphatic system. This sometimes originates in the lungs, or may spread to the lungs.
What Causes Lung Cancer?
Everybody knows: it is smoking tobacco that is going to get you. We all have known for a few generations now, but the young and foolish believe they are bullet proof. The longer you smoke the higher the chances are that you will contract some form of lung cancer -some time in your life. The more cigarettes you smoke -during the years that you are in the habit will increase the odds even further. Statistics show that somewhere between 10 and 20% of people who smoke tobacco end up with some form of cancerous lung disease.
Quitting the habit of smoking will help to swing the odds in your favor. After letting go of the cigs, your chances of falling prey to cancer will be reduced to that of a non-smoker after about 15 years. Of course other factors may come into play that might increase that number. (Lifestyle, occupation, etc.)
Some forms of lung cancer is caused by airborne particulate which is ingested at the workplace. Exposure to ionizing radiation, asbestos, and a long list of industrial chemicals are known to have a deleterious effect on the health of the lung. The odds of contracting cancer of the lungs are higher in people who smoke because the industrial substances mentioned above will exacerbate the problem.
Some types of lung cancers, have been known to occur in people who suffer from other types of lungs diseases, such as TB and fibrosis. Radon gas exposure is suspected of causing such problems, although the incident rate is thought to be low.
Genetics and environmental pollution are also factors that are linked to lung cancer developing.
What are the Early Symptoms of Lung Cancer?
Early symptoms of lung cancer are often not noticed. When symptoms become unpleasant, finally, it is often too late as the malady has often advanced to a more difficult stage.
It is thought that among approximately one-quarter of all cases of lung cancer that are diagnosed, there were no symptoms at all. In these instances, it is typically identified during a chest x-ray ordered for some other reason. The rest of the individuals do notice early lung cancer symptoms, which include:
coughing up sputum with blood
shortness of breath
pain in the chest
a persistent cough that becomes worse over time
feeling of fatigue
hoarseness, and wheezing
unintended weight loss
loss of appetite
persistent problems with pneumonia and bronchitis
swelling of the neck and face
None of these sound all that pleasant, but people tend to ignore them at first. Many know, deep in their hearts, the reasons -and choose not to face the music, unfortunately.
Other, more serious symptoms include:
muscle shrinkage (atrophy)
swelling or pain in the joints
abnormalities of the fingers or fingernails (clubbing)
paleness of skin or a bluish coloration
difficulties in swallowing
drooping of the eyelids
development of breasts in men
tenderness or pain in bones
Do not ignore persistent cough, blood streaked sputum, or, chest pain when coughing and /or shortness of breath. If and when these early symptoms of lung cancer occur, take heed and consult with your MD immediately, if not sooner. It is especially worrisome if you are beyond 39 years in age and are a smoker of tobacco.
See video below.
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Paul was not well for about 18 months. He had a lung that quit working -it was thought there was nerve damage causing that.
He was checked and rechecked all kinds of ways but no one saw any cancer. Until they saw the cancer. By then it was the end stage cancer or, stage 4.
How does lung cancer go from not being noticed to stage 4? We wondered too. Best we got was an opinion by the doctor that Paul was facing mesothelioma -the fancy name for asbestos cancer or asbestosis. It is known to be very aggresive. The mesothelioma is thought to have exascerbated the lung cancer. In other words, no one is calling Paul’s cancer mesothelioma, although his exposure to asbestos is well documented. In fact, Paul was part of a class action lawsuit and received compensation for his exposure. But, they are saying he died of lung cancer.
The following lung cancer article is offered so you may get some basic information about lung cancer and lung cancer symptoms.
We hope it brings value to your situation.
The family of Paul C. (1928 – 2007)
“Who ever thought it would come to this?”
Lung Cancer Article
Lung cancer is one of the leading cancerous killers in many places around the world.
Facts about Lung Cancer
Although smoking tobacco causes most cases of lung cancer, what has baffled scientists is the knowledge that not everyone who smokes contracts a case of lung cancer. Some people who never smoked tobacco get cancer of the lungs. This may suggest there is a genetic link at work that may have a hand in determining who will get lung cancer. Several studies have observed that both non-smoking relatives and smoking relatives of folks who get lung cancer get the disease.
Lung Cancer and Lung Diseases:When your lungs have been wracked by another disease, there may be slightly higher odds of getting lung cancer on top of that. COPD, or chronic obstructive pulmonary disease is a good example.
Lung Cancer and Air Pollution:Chances of lung cancer increase due to industrial smog (air pollution) caused by fossil fuel power plants, manufacturing, and the internal combustion engine (automobiles). The wizards who study these things are of the opinion that perhaps as high as 1% of deaths caused by cancerous lung disease can be traced to the bad air we breathe, as well as prolonged exposure to that air. The prolonged subsistence on that bad air can be as risky as passive smoking.
And, if you haven’t connected the dots, those who have somehow recovered from a bout with lung cancer run a higher risk of contracting it again.
What is the Treatment for Lung Cancer?
Depending upon the type of cancer, the severity (or stage), and the general health condition of the afflicted person, there are a few options available. The personal preferences of the patient come in to play as well. Some options include:
surgery
radiation therapy
chemotherapy
the use of targeted drugs
Some patients opt out of any treatment in order to maximize their level of comfort for the time they have left. Some of the available treatments might extend their life but the quality of life is degraded because they are so sick. Chemotherapy is one form of treatment that make the patient very ill while it seeks to stem the tide of cancer. The importance of early detection cannot be overstated.
In cases where the patient opts out of those treatments, palliative treatment may be recommended where only the symptoms of the disease are addressed -such as administering pain medication.
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Rare form of Mesothelioma settles in the lining of the stomach: See video for symptoms …
There is no fair method or exact way to quantify the heartache and loss suffered by a mesothelioma patient and his or her family. Settlements vary greatly between states and their laws, and between one case and the next.
The biggest factor that affects the settlement proceeds (besides the scale of suffering by the mesothelioma patient) is, in fact, the region (or state) and the political atmosphere (meaning, which party is in power) surrounding the mesothelioma settlements. If the GOP is in power, the squeeze on Big Business seems to subside somewhat. The large manufacturers are well entrenched in our political system. For evidence of that, take a look at how long it took to bring the tobacco companies to court. For more evidence, see the short video below.
Plenty of asbestos mesothelioma lawsuits were being brought 15 -20 years ago. Back then the political climate was very much in favor of the patients suffering the ill effects of the ‘Silent Killer.’
Much has changed, however. Some states have passed laws that place the onus on the patient to provide evidence that their condition was in fact caused by asbestos. In the mid 1990s there was reform-minded legislation being proposed all over the place due to some perceived abuses by attorneys and patients both. Some found themselves on the hot seat after some damage claims were thought to be much exaggerated. Still, after all that, if the case is genuine and real, there seems to be nothing in the way of obtaining a just settlement
As far as the amount of money that is settled upon, there is no way to generalize, as each case is slightly different. There have been cases where the awards are a few thousand dollars upwards to a million. Lately, though, with many of the manufacturers long gone or reorganized, the awards are much leaner.
The author’s father was thought to suffer from mesothelioma, based upon his exposure history and the aggressive manner in which the disease advanced. Lab tests, however, failed to confirm that and the diagnosis was termed lung cancer. He still received settlements but they were greatly reduced. It was said that his exposure to asbestos greatly exacerbated the lung cancer.
The awards are based upon to what extent the accusation of negligence is valid and how much damage can be shown as a result, by the patient. Settlements often are affected by precedent -by how much money other, similar cases have settled for.
Today, most of the worse case patients have passed on. Compared to a generation ago, there are few cases that come up. This is due to the fact that there has been worker protection in place to curb exposure to asbestos for over 35 years. Asbestos use for many of the most common applications ceased that many years ago, as well.
The author’s experience with his father’s class action case has been that it is pretty much drying up. There were some nice settlement awards in past years (none were life changing income). Another individual who initiated a claim in the late ’80s was known by the author to collect some sizable awards. That is not to say that a new valid claim does not have merit. And, it does not mean that it shouldn’t be pursued. There are plenty of ;law firms still in the arena that would gladly go to bat for someone suffering from past exposure to asbestos.
Asbestos Money and Politics
(Politics of Asbestos Settlements will make you feel sick).
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Poisoned by Asbestos Mines: Strange Rumblings in Libby, Montana
Will Justice prevail for what has been called Mass Murder?
After an extended epidemic of asbestos-related cases of plueral mesothelioma involving young and old alike, W.R. Grace was called to task as owner of the local mine. Some of the poisoning symptoms were quite extreme.
Libby is a small Montana town in the Rocky Mountains. The location is rather isolated and has much natural beauty. Too bad the place is so toxic after years of asbestos mining in the surrounding area. The town has lost literally scores of men -killed off (poisoned) by lethal asbestos from the local mine.
Young men -and men who never worked in the mine are not exempt. Many middle aged people in the town are sick and dying from just being there. As an example, they may have played Little League baseball at the field located near the mine. Consequently, many years later, they develop the lung diseasethat is destroying their lives. There are many such cases.
Over the course of many years, it has developed into a full blown criminal case against executives and managers of W.R. Grace -a big corporation that owned the mine. The company is accused of knowingly allowing the miners and townspeople to breathe the asbestos dust, which permeated the whole town. It has been called the worst case in U.S. history of industrial poisoning of an entire community. When you consider the reach of the Love Canal pollution, that is no small statement.
Asbestos airborne particulate blew throughout the town. Stockpiles of the mineral ore surrounded the Libby mine and processing plant during the years it was operational.
In an effort to be a good neighbor, W.R. Grace donated slag from the mine to four schools for projects like running tracks and an ice rink back in the ’70s. The slag was graciously accepted and utilized while the material unknowingly was laced with asbestos fibers. The slag was mixed with other materials, as well, to make two junior baseball pitches.
About 10% of the population has died from asbestos exposure, almost half are ill and new cases were being diagnosed at a rate of one a week.
About one quarter of the cases are former mine workers and another quarter of the cases are made up of the miners’ immediate families. The remaining 50% had no direct connection to the mining operation. Some patients have minor spots in their lungs, while others have contracted full-blown mesothelioma lung cancer.
It required hundreds of private lawsuits, but finally the U.S. Justice Dept. indicted the Grace Company and put five (5) senior executives on trial. It is alleged that they knew about the risks, that they conspired to conceal them and did not cooperate with the investigation and in so doing, obstructed justice. The trial in the nearby city of Missoula ended in May, 2009 and resulted in the acquittal of the company and three of its executives. There are civil cases pending for residents who seek restitution for health claims. There are many unflattering opinions bandied about as to the competence of those who handled the case for the US Justice Department.
The W.R. Grace Co. has since gone bankrupt in the face of 100,000 asbestos-related lawsuits, mostly brought by plant workers around the entire country where raw vermiculite from Libby had been processed. The company agreed to enter into a settlement.
It has been reported that the trial was about justice more than money. Grace had been found guilty at civil trials, but they had never apologized. They had never publicly accepted responsibility, either morally or legally. Libby, Montana: Poisoned by asbestos mines. Some have said W.R. Grace got away with murder.
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In 2007, my father was diagnosed with and died of Mesothelioma. After having a lung fail (cease to function) and being in great pain for the preceding year his mesothelioma was classified as stage four. The patient and family thought they’d been deceived and thought seriously about litigation. It is good to know the right questions to ask about mesothelioma.
The family was incredulous. How could this man undergo so much screening for cancer, have all the results come back negative for cancer -and then suddenly be at stage four? The only reply the family received was that the mesothelioma was particularly aggressive. Sometimes it doesn’t show and then, Boom -it’s stage four (4). Whether true or not, who knows.
What follows is an explanation of the various stages of mesothelioma, for the benefit of those who are wondering, as we did.
Stages of Mesothelioma And Mesothelioma Staging Systems
Mesothelioma stages exist in the medical world to enable the doctor to evaluate the advanced condition for a few reasons:
for the medical institution,
for participation in clinical trials, and
to come up with advanced mesothelioma treatment choices.
By segregating a progressive disease into stages, researchers can evaluate mesothelioma options for treatment that have been proven to be of value. By placing mesothelioma stages in a universally accepted staging system, mesothelioma life expectancy stats can be gathered on an international basis. Once a staging system has gained acceptance internationally, it is able to make a great contribution to (and for) the advancement of mesothelioma treatment options.
The Butchart staging system has been around since 1976. It focuses on four (4) mesothelioma stages which take into account the location.:
Stage 1, the tumor is in one side of the pleural lining.
Stage 2, the tumor is malignant, has entered both lungs, and is potentially about to spread.
Stage 3, the tumor has entered the peritoneum (abdomen region),
Stage 4, the cancer has succeeded in spreading all through the blood stream.
The Butchart system was simple and was generally accepted. It has some shortcomings regarding some issues deemed crucial. Researchers assert it neglects to take into account the correlation between survival expectations at the different stages of mesothelioma. The Butchart mesothelioma staging system is not utilized for mesothelioma life expectancy purposes. Some other mesothelioma stages have evolved from it, and many cancer institutions have modified it for their own purposes when evaluating cases.
Medical institutions use the mesothelioma stages and staging system for their own internal evaluation purposes. Each mesothelioma patient ought to be aware whenever discussing mesothelioma life expectancy that mesothelioma staging systems differ. It is also noteworthy that staging systems still undergo scrutiny.
It may be prudent for the patient to keep in mind that no staging system will include all the variables for treatment and prognosis. Factors such as tumor subtypes can make a big difference in the prognosis.
Basically, there are only two (2) stages of mesothelioma - localized and advanced. In most staging systems, localized mesothelioma is considered stage one only. Stages two (2) through four (4) are all advanced mesothelioma stages. Generally, mesothelioma stages are broken down by location, tumor severity, or whether surgery is required.
Asbestos exposure continues to be a heartbreaking phenomenon and is subject of many an asbestos lawsuit.
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The history of asbestos (as we know it) dates back about 2,000 years, or so. The Greeks named this mineral asbestos, which means unquenchable. The ancient Romans observed that the slaves that mined the mineral came down with a lung disease. They continued to weave it into fabric, as, they thought it had magical properties. The Greeks also noted an appearance of lung disease in slaves who wove asbestos into fabric.
Asbestos products were used in the 1700′s but did not really become popular until the late 1800′s. The industrial Revolution in the U.S. found new ways to utilize the substance. It has been used as insulation for boilers, steam pipes, kilns, ovens, turbines and other high-temperature applications.
Twentieth Century Ill Health
Demand for asbestos increased and new uses were discovered -causing more and more noticeable harmful health effects. Use continued unabated and researchers began to investigate the harmful toxic affects. It was first noticed around 1917 or 1918 that great numbers of young people in asbestos mining towns, like Libby, Montana, were prematurely dieing. Researchers in Great Britain conducted research on asbestos workers in 1924. This may have been triggered by the death of a young woman who was recently diagnosed with the new disease termed asbestosis. Twenty-five (25) percent of the test participants displayed evidence of asbestos-related lung disease (or the form of cancer we now call mesothelioma -caused by asbestos exposure). Laws were passed in 1931, to improve work-place ventilation and to recognize asbestosis as a work-related malady.
In the 1930′s there was a sharp increase in major research -along with the articles they spawned. Researchers warned about the connection between asbestos and lung cancer that may have been thought to be related to a new finding, silicosis, which is caused by inhaling silica dust particles. The research was largely ignored by the companies who stood to profit. Large Asbestos companies continued to market asbestos for use in manufacturing and construction. That fact that safer materials like fiberglass insulation were created to replace asbestos didn’t slow them down much. These companies systematically hid their medical findings to avoid the multi-million dollar lawsuits that could be expected, brought by asbestos cancer victims. Human resources were considered expendable up until the 1970′s in this country (U.S.) and was considered a “cost of doing business.” Unfortunately, there are places where that mindset is firmly held today. There is no getting around the notion that victims exposed to asbestos are faced with mesothelioma cancer and certain death. In the end, while those companies profited, the costs of caring for the sick and disabled fell to the citizens of the entire country.
What is asbestos?
Asbestos is naturally occurring, a fibrous mineral dug from the ground. In addition to being resistant to certain chemicals and heat, it is an excellent electrical insulator.
Forms of Asbestos
There are three common forms, divided further into two groups. The serpentine group includes white asbestos. The amphibole group includes both brown and blue varieties.
Properties
Asbestos has many properties that account for its industrial love affair. It won’t burn, it has high tensile strength, it resists chemicals and some type won’t absorb water. Asbestos can be woven, used to reinforce other materials like as concrete. As stated above, it is a good insulator of electrical current.
Asbestos Categoriesand Terms
The term ‘bonded’ refers to asbestos as being so firmly embedded in a material that it is unlikely these materials would release asbestos fiber into the air (in measurable levels) if they are left undisturbed -thereby posing a lower health risk.
Bonded (asbestos-containing) materials might include asbestos cementious products such as flat and corrugated sheeting used in walls, ceilings and roofs, or molded items such as down pipes, and vinyl flooring.
The term ‘Friable’ refers to asbestos-containing materials that is easily reduced to powder and easily becomes airborne. These materials are likely to release levels of asbestos into the air when disturbed, and therefore pose a risk to health. Friable asbestos-containing materials would include sprayed fire retardant products.
The Asbestos Industry
At its peak, the asbestos industry manufactured as many as 3000 products worldwide, utilized most commonly in the ship building, construction, and textile industries. The products were manufactured in the following generally forms: fibrous, woven (tape, cloth, or sleeving), wound rope and asbestos mixed with a binding agent, such as calcium silicate for the manufacture of vinyl flooring or asbestos cement.
Because of the qualities and properties listed above, asbestos was used for a wide range of insulation applications. Older commercial, industrial and institutional buildings and private dwellings may well contain a plethora of asbestos products -or once did. Asbestos may be found in building structures constructed as late as the mid- to late ’70s. Quite an industry has developed since then to perform asbestos abatement (the safe removal of asbestos containing materials) in such structures.
Asbestos Related Occupations
Asbestos has been used in many applications associated with a variety of occupations including the U.S. armed forces. The Navy in particular required massive amounts of boiler and piping insulation for their ship -both when built in the ship yard and also while under way. If, while underway a valve began to leak, in needed to be stripped of insulation before being repaired -then re-insulated. Prior to 1970, the insulation was asbestos.
Other workers in occupations which have been associated with asbestos use are:
Asbestos Worker
Insulators
Pipe Fitters
Plumbers
Paper Mill Workers
Paper Mill Workers
Protective Clothing Manufacturing
Packing/Gasket Manufacturing Workers
Warehouse Workers
Home Improvement
Hospitals
Electricians
Aerospace Workers
Building Managers
Contractors
Mixing Operatives
Laborers
Painters
Heavy Equipment Mechanics
Crane Operators
Floor Coverers
Pot Tenders
Welders
Custodians
Glass Factory Workers
Steam Fitters
Tile Setters
Mechanics
Building Engineers
Demolition Crews
Former US Navy Personnel
Schools
Loading Docks
Building Inspectors
Bulldozer Operators
Rubber Workers
Manufacturing Workers
Excavating machine operators
Heavy Equipment Mechanics
Asbestos Exposure
Humans come into contact with asbestos when they ingest (either swallow or inhale) the fibers. These particles can then become embedded in the tissues of the respiratory or digestive systems where they lurk for 30 years or so before they cause symptoms.
Three Main Diseases Caused by Asbestos Exposure
Asbestosis
Asbestosis causes scar tissue to form between the alveoli (small minute air sacks). It is difficult to differentiate from other causes of so-called interstitial fibrosis. Confirmation of asbestos exposure or observation of unusually high numbers of asbestos fibers in the lung is considered a positive ID of this disease.
Mesothelioma
Mesothelioma is a tumor of the chest lining or the abdominal lining and occasionally the lining of the heart. Asbestos is not the only cause of this cancer, but it is the most likely cause in this age we live in. This disease has a gestation period of 20-50 years before it makes an appearance. The highest risk is around 30-35 years post-exposure. It is usually dose-related, and in rare circumstances it has been seen occurring in people with little known occupational exposure to asbestos.
Lung Cancer
Lung cancer is fairly common among the general populace -especially among our tobacco smoking brethren and is the type of cancer most frequently associated with asbestos. Tumors grow and expand into airways, effectively obstructing the flow. No known characteristics specify a lung cancer as being caused by asbestos. Which is to say, we cannot distinguish a ‘cigarette’ lung cancer from an ‘asbestos’ lung cancer or ‘some other’ lung cancer. Smoking increases the already high risk of death due to a lung cancer for asbestos workers.
Throughout the history of asbestos it has endangered human mortality and plagued numerous societies since the ancients occupied Rome and Athens. And, throughout history, most of these warnings have been handily ignored (for reasons mentioned above having to do with ‘a cost of doing business’). The use of asbestos is now banned in the U.S. and from use in many other countries, as well.. The ban applies to manufacture, sale, use, supply, reuse, installation, storage, and replacement of asbestos, except in special circumstances (for example, removal and disposal of asbestos, and research work).
If you or someone you are close to has been exposed to asbestos, whether or not he/she is suffering symptoms, lung x-rays should be performed to determine if there are any latent effects from the exposure. As stated above, the gestation peeriod is sometimes 30-50 years between the time of exposure and the appearance of symptoms. Don’t wait until you become symptomatic to seek X-rays if you know you’ve been exposed.
Legal remedies may be available. Seek out a law firm well versed on the topic. Many class action lawsuits have been launched for the benefit of the victims.
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