Mesothelioma, Lung Cancer and Asbestos

Posted on May 1, 2013 | 3 Comments
Respiratory Difficulty Caused

Asbestos fibres enter the lungs and do not leave

Many Canadians are still regularly exposed to asbestos where they work, visit go to school or live. Asbestos exposure can cause deadly lung cancer and diseases such as mesothelioma when the asbestos fibres are inhaled.  The indestructible fibres cause respiratory difficulty, but over time can lead to deadly diseases such as Mesothelioma.  Severe illness can develop many years after asbestos exposure. Claims are made and compensation is mainly paid by asbestos trusts to people whose asbestos exposure was 20 or more years ago when there were less safeguards in the use and removal of asbestos.  Compensation for those who suffer and the families of those who have died from mesothelioma, lung cancer and other serious asbestos related diseases  is available to Canadians.  If you are in Canada, you do not need to hire a US lawyer to make a claim. You can be better served by a lawyer in Canada who can better understand your situation, Canadian Workers Compensation laws, Canadian sources of asbestos exposure and our health care system. Miskin Law Offices is one of very few Canadian law firms that handle asbestos compensation claims. We look at a person’s entire work history for clues about the source of asbestos exposure.  When exposure is not from work we consider alternative ways that a person may have been exposed to asbestos.  For the Miskin Law firm asbestos injury claims from across Canada are our main area of law practice.

Miskin Law Offices are based in Ontario, but represent people from all across Canada, in all Provinces and Territories, in making claims to American asbestos trusts.  This is not with a lawsuit and you do not go to court to get compensation. They are essentially applications for asbestos compensation to funds set up when almost makers of asbestos products were put into bankruptcy by the many claims made against them based on harm caused by their products. Applications for our clients are made to many asbestos trusts and our clients get compensation from multiple sources.  The asbestos trusts are based in the United States and we work with American lawyers to advance our cases with a contingency fee split between our firm and the US law firm.  We are working with UK lawyers to get compensation from insurers and others where exposure was in the UK.  The American asbestos trusts do not pay people whose only exposure was in the UK.  Our clients do not pay more to have Canadian representation and applicable  GST/HST is included in our percentage of the contingency fee. Many people exposed to asbestos in their workplace are eligible for Workers Compensation benefits and may have a CHOICE on whether to claim Workers Compensation or apply to the asbestos trusts. It is important to get specific legal advice BEFORE applying for Workers Compensation. Which Workers Compensation Board a person applies to is based on the Province where work with asbestos was done not necessarily the Province where a person lives.  In Alberta workers are required to apply for Alberta Workers Compensation benefits and if found eligible may not apply to the asbestos trusts.

It has been known for many years that asbestos exposure is dangerous to health of people especially when fibers are inhaled and get into the lungs. Asbestos can stay in the lungs for many years without a person knowing it is there. There are serious long term consequences of asbestos exposure.  The asbestos diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining (known as the mesothelium) of the lungs or another organ. It is generally considered a form of lung cancer but it is not always associated with the lungs.  Mesothelioma can develop 20-50 years after even just a little exposure to asbestos.  Mesothelioma was thought to be a very rare condition but it is appearing more commonly because it takes a long time to develop and it was not always diagnosed properly in the past. Mesothelioma can only be caused by asbestos and maximum asbestos compensation is available for this horrific and generally fatal disease. For more information on Asbestos visit our website: asbestosfacts.ca

The very serious diseases from asbestos affect people who have worked with asbestos, had loose fibres in their workplace (sometimes from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard day of work with asbestos on their bodies or their clothes.

If a loved one has developed one of these conditions in Canada, the UK or the USA and is seriously ill or has died due to asbestos exposure it can be proven with medical records and compensation will follow.  Doctors can confirm causation by asbestos when the diagnosis is made. A biopsy for lung cancer victims is most effective. Asbestos compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  To maximize compensation Miskin law offices needs to know the source of exposure to asbestos for us to determine which manufacturers were involved and where claims may be placed. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding. Some of the asbestos trusts have longer time limits so it is worth checking if there is a positive diagnosis even if the death was long ago. We will investigate possible claims for no cost or obligation and if at the end of our investigation we can not help you there is no charge.

Our law offices do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. Miskin law offices only handles cases involving people who have serious asbestos illness.

 

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NOW: NOTICE OF CLASS ACTION SETTLEMENT FOR VIOXX

Posted on April 21, 2013 | 15 Comments
Merck's Super Aspirin

9 Years after the recall of the drug Vioxx some of the Canadian victims will be compensated by a class action settlement.

 

VIOXX CLASS ACTION SETTLEMENT CANADA NOW BEING IMPLEMENTED. FILING CLAIMS OPENED APRIL 20, 2013

THE COURTS OF ALL PROVINCES APPROVED THE VIOXX SETTLEMENT FOR ENFORCEMENT AND NOTICE HAS BEEN PUBLISHED  THAT WE WILL BE ABLE TO SUBMIT CLAIMS TO THE CLAIMS ADMINISTRATOR FROM SATURDAY APRIL 20 TO MONDAY AUGUST 19, 2013.  NOTICE WAS PUBLISHED IN MAJOR NEWSPAPERS ACROSS CANADA ON SATURDAY APRIL 20TH. THIS FOLLOWS THE MAIN SETTLEMENT APPROVALS WHICH TOOK PLACE IN 2012.  DETAILS ARE AS FOLLOWS:

In the summer of 2012 a settlement of Vioxx injury claims in Canada was presented for approval to courts in Ontario, Saskatchewan and then Quebec.  The courts were asked by lawyers for Merck and lawyers for the class action to approve a settlement that was negotiated in 2011 and announced in January 2012. For background information, settlement details and events leading up to settlement approval please read our earlier posts.

The courts were asked to either accept or reject the negotiated agreement and also approve the fees and expenses to be paid from the settlement to the consortium of law firms across Canada who were involved in the class action proceedings.  There was no jurisdiction to change the terms of settlement.  In a decision released September 18, 2012 Madam Justice Leitch of Ontario’s Superior Court of Justice approved the settlement and approved the fees, taxes and disbursements of the class action lawyers.  A similar approval decision was issued by Justice Marcotte of the Quebec Superior Court on October 4, 2012. Justice Currie of the Saskatchewan Court of the Queens Bench also gave approval but without issuing reasons on July 25, 2012.

The settlement as approved provides for the following payments to be made by the drug manufacturer Merck:

1.  $3,500,000 to be paid to Canada’s provincial health insurers to reimburse medical expenses of Vioxx victims.

2.  $1,000,000 to be paid for the cost of notices and claims administration.

3.  $6,000,000 to be paid to the class action lawyers allocated as approximately $4,500,000 for legal fees, $1,000,000 for expenses and $500,000 for GST and provincial taxes applicable to the legal fees.  This does not include any money for the lawyers representing individual claimants who will be paid from the money available to pay actual claims of Vioxx victims.

4.  $22,612,500 to be paid to Vioxx victims who are eligible for payment under the settlement.  That amount will be increased if there are over 1,500 such people to a maximum of $26,381,250. Most claimants will pay their own lawyers a percentage of their recovery for legal fees, taxes and expenses none of which are provided for in the settlement.

To be eligible for payment under the settlement a person must pass both the “usage gate” and the “event gate”.  The usage gate requires a certain amount of Vioxx to be consumed in the time immediately before the event.  The event gate requires a person claiming to have had a heart attack, sudden cardiac death or an ischemic stroke.  Stroke victims will be given $5,000 compensation regardless of the severity of the stroke or its lasting effects.  It is estimated for those with heart attack or sudden cardiac death, that after deductions for various risk factors (other than Vioxx use) and after legal costs the average person will receive $15,000 to $25,000 compensation.  That means some will receive more  and some will receive less.  The maximum in the best case would be about $100,000 before legal fees.  There is also payment to spouses and children (including adult children) of victims which is additional money up to 20% of what is paid to the principal claimant.  In every case certain medical and pharmacy records are required to prove use, show other risk factors and prove that there is a qualifying event.  The cost of obtaining records is an expense that is to be paid from the compensation received. As well most claimants will pay from the compensation legal fees averaging one third of the compensation paid.  They will also pay provincial and federal tax (PST, HST, GST) on the legal fees.  There is no income tax payable on the net compensation that victims and their families will actually receive.

The compensation being paid to Vioxx victims is clearly quite low in relation to the seriousness of having had a heart attack, stroke or sudden cardiac death.  The court considered that these events are common in Canada among persons who have not used Vioxx and that use of Vioxx is not necessarily the cause of the event.  They considered expert medical opinion on Vioxx’s role in causation noting that the connection to stroke is not as clearly proven as the connection to heart attack.  They accepted that persons with other conditions not covered by the settlement were a minority in the class and that it was reasonable and in the best interests of the class as a whole to accept a settlement that did not compensate them. The courts considered the continuing denial by Merck of any liability and the risk of the case not succeeding if the settlement was not approved.  They did consider the negative result in the Australian court and the fact that cases tried in the US had mixed results.  It was noted that even if the case proceeded to trial successfully payment of claims could be delayed by appeals. The court decided that the settlement is in the best interests of the class members.

The approval decisions had to be confirmed for enforcement purposes in the courts of all other Provinces.  This had to be completed before any claims for Vioxx victims can be submitted for processing to the class action administrator.  The Miskin law office is now submitting Vioxx claims for processing and payment.  We have been in contact with the class action administrators who will be receiving claims for compensation and processing them.  On April 20th there will be national advertising of the settlement and the claims processing will then begin. We are sending claim forms to clients to sign and also have signed by family members who are eligible for compensation.  This was expected to happen some time in January 2013 but due to delays in Provincial enforcement approval it took until March to get all the Provincial court orders and we now know that April 20 is the first day to begin to submit claims for processing. There is a period of four months open for submission of claims. At the end of that period assessment notices will be sent out by the claims administrator for every claim filed and payment of Canadian Vioxx claims will finally begin. If you believe you have a claim and have a lawyer make sure they have everything they need to file the claim.  If you do not yet have a lawyer you really should get one immediately to ensure you have everything you need in time to make a claim. Our office is still accepting new clients who qualify under the settlement but it is necessary to fully document claims which makes it difficult if you have not started to document a claim. It is essential to move quickly to have sufficient information in time to file a successful claim.

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Yaz and Yasmin Claims Class Action Certification

Posted on April 16, 2013 | 8 Comments
Lawsuits Against Bayer

Bayer’s Birth Control Products

 

 

Many individual law suits in the USA  and Canadian Class Action lawsuits are in progress over the side effects of the two similar birth control pills Yaz and Yasmin. Serious side effects include deep vein thrombosis, pulmonary embolism and very commonly loss of the gallbladder.   Those cases are being fought by the manufacturer Bayer in different US districts where they are co-ordinated in Multi District Litigation (MDLs). The courts in Illinois and Pennsylvania ordered  mediation to take place before cases were to go to trial in early 2012. In the mediation process Bayer agreed in early March 2012 to a settlement in 70  lawsuits.  There are now as many as 3500 settlements of the most serious cases involving deep vein thrombosis or pulmonary embolism in the USA in the range of $200,000 each.  Until recently there was no settlement for gallbladder cases but they are now beginning to settle for much less.  Gallbladder cases are settling in the range of a few thousand dollars.  Also in Canada settlements are generally much lower than they are in the US and so expectations on all cases should be lower.  The earlier settlements were only for women who took Yaz or Yasmin and suffered deep vein thrombosis (blood clots) or a pulmonary embolism.  We are hopeful that some progress will be made towards resolving claims in Canada after there is certification of the Canadian Yaz and Yasmin Class Action lawsuit.  We are hoping they will settle gallbladder cases as well as deep vein thrombosis and pulmonary embolism cases as part of the likely future class action settlement. The greatest number of claims relate to gallbladder where nominal settlements should be expected in Canada.   The pills continue to be sold and to be very profitable for Bayer.  A recommendation to recall the drug was narrowly defeated by an advisory committee to the US Food and Drug Administration (FDA).  Bayer has changed its advertisements and product warnings since then.  THE CLASS ACTION HAS NOW BEEN LIMITED TO CLAIMS FOR INCIDENTS UP TO NOVEMBER 30, 2011 SO IF YOU HAVE A PROBLEM THAT CAME UP AFTER THAT DATE IT IS NOT INCLUDED IN THE CLASS ACTION AND IT WOULD BE GOOD TO CONTACT A LAWYER IMMEDIATELY TO PROTECT YOUR RIGHTS.  

Yaz or Yasmin can cause dehydration which causes an increase in the potassium levels (hyperkalemia) and a decrease in the sodium levels (hyponatremia) in the body.  As potassium acts as a key control in cardiac rhythm, this imbalance can cause hyperkalemia arrhythmias, which, in turn can cause blood clots and thrombotic events such as stroke or deep vein thrombosis, pulmonary embolism, or heart attack. Dehydration is also a risk factor for kidney stones and gallbladder disease. While other birth control pills can also cause deep vein thrombosis and other thrombotic events, the cause of those effects are from the estrogen side of the equation. The thrombotic effects of Yaz and Yasmin are from the progesterin side. While it has long been accepted that high estrogen levels can cause these adverse events, the birth control pills Yaz, Yasmin and Ocella have been marketed as having low estrogen levels, thereby having a lower risk for thrombotic events. There have been several studies that have called this into question.
The Miskin Law firm is making claims related to these oral contraceptive drugs and working with the class action court proceedings that have been started in Canada. These proceedings take a long time to advance and they stop individual law suits from proceeding for now. An application for certification of the class action was heard in the Ontario court in late January 2013 before Justice D.S. Crane.  A formal decision has not yet been made but on April 15, 2013 the judge released reasons for decision where he rejected arguments against certifying the class action.  He expressed concern over the proposed timetable for proceedings and there will be further discussion before a formal certification order is actually given.  It is expected that a court order of certification of the class action will issue soon.  Until then we are working to document our clients’ claims and we are being retained by new clients.  We represent people to get them compensation both individually and through the class action process. Once there is certification by the court of the class action people will have a choice of claiming through it or trying to get more with special circumstances in an individual claim and we will explain that option to each of our clients. Contact us if you believe you have been harmed by Yaz or Yasmin. Email Murray Miskin directly: miskinlaw@yahoo.com

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Canada Asbestos Mesothelioma Injury Claims for Clients

Posted on April 15, 2013 | 7 Comments



Asbestos Mesothelioma Injury Claim Lawyer in Canada

ASBESTOS EXPOSURE IS KNOWN TO BE DEADLY

Deadly Asbestos Fibers

 

Attention Canadian Asbestos Victims and family members: Compensation for those who suffer and the families of those who have died in recent years from serious asbestos related diseases from asbestos exposure is available to our clients in Canada.  Some Canadians are eligible for provincial Workers Compensation benefits and except in Alberta have a choice on whether to accept it or make a claim with a lawyer potentially for greater compensation.  You have probably seen plenty of confusing Asbestos Cancer and Mesothelioma ads from lawyers in the US promising big compensation if you call their toll free numbers.  When you do call they often do not understand your situation or you may not even get through because many US toll free numbers can not be reached from Canada.  If you are in Canada, you do not need to hire a lawyer in the USA to make a claim. You can have a Canadian lawyer represent you to make a claim for compensation for asbestos related diseases and get the same compensation and probably more. A Canadian lawyer can investigate your situation and advise you on your choices including Workers Compensation. The US lawyers have very little information about Canadian work sites known for asbestos and generally do not try as hard to get compensation for Canadian clients.  A Canadian lawyer who works on asbestos case can do the investigation needed to get compensation from the most sources.  There are very few lawyers in Canada who do handle these claims and for our firm it is now the largest part of our work. We check carefully on each claim to find as many asbestos exposure sources as we can to maximize the available compensation. We cross reference claims from our own data base of Canadian asbestos hot spots.

Miskin Law Offices in Ontario represents clients all across Canada in making claims to American asbestos trusts. This is not a lawsuit and you do not go to court to get compensation. They are essentially applications for compensation to Bankruptcy funds set up when almost all makers of asbestos products were put out of business by the many claims made against them based on serious harm caused by their products. Applications for our clients are made to many different asbestos trusts and our clients get compensation from multiple sources. We are familiar with Canadian law and workplaces. We understand how the Canadian system works and have many advantages in representing Canadian clients. We are familiar from case experience with Canadian asbestos use history and where known asbestos hazards exist.  Exposure to asbestos gives rise to a claim if the person exposed becomes ill from it even many years later. The asbestos trusts are all based in the United States and we usually work with American lawyers to advance our cases with a contingency fee split between our firm and the US law firm. The American lawyers we work with put the claims forward to the asbestos trusts.  Our clients do not pay more to have Canadian representation and applicable  GST/HST is included in our percentage of the contingency fee. If the American lawyers can not help you we do not just give up.  We investigate further. If at the end of our investigation of your claim we conclude that we can not help you there is no charge to you for our services.

THE DANGERS OF ASBESTOS:  We are working to build awareness of the dangers of asbestos and the specific disease of Mesothelioma through our website Asbestos Facts Canada .  Asbestos is a mineral that has been used as an insulating and fireproofing material for many years in a great number of products and in many buildings.  It is still present in many older buildings such as hospitals and schools and is safe if encapsulated and poses a serious hazard if it is disturbed.  It has been mined in various parts of the world including Quebec where there is a Town called Asbestos.  In the September 4, 2012 election the Quebec Liberal Government of Jean Charest which promised a loan to reopen the asbestos mine was defeated by the Parti Quebecois which opposed asbestos. Federal Government support for continued asbestos mining and exporting asbestos to the world has been a very controversial issue. Since the Quebec election the loan to the mine has been cancelled so it will not reopen and Federal Government support for the asbestos industry is fading. The use of asbestos is banned in Canada and most developed countries. Let your Federal Member of Parliament know how you feel about Canada exporting this deadly substance. Here is a link to an Operation Maple video about Canada’s export of asbestos including an interview with Murray Miskin:Asbestos Mesothelioma

Mesothelioma Asbestos Cancer Compensation

Murray Miskin in Asbestos Mesothelioma Video

It has been known for many years that asbestos is dangerous to the health of people exposed to it especially when fibers are inhaled and get into the lungs. it can stay in the lungs for many years without a person knowing it is there. There are serious long term consequences of exposure to asbestos.  Some of the most serious ones have only recently started to commonly appear.  Mesothelioma was once considered a rare condition but sadly it has now become very common. The diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining (known as the mesothelium) of the lungs or another organ. Mesothelioma can develop 30-50 years after even just a little exposure to asbestos.  Mesothelioma was thought to be a very rare condition but it is appearing more commonly because it takes a long time to develop and it was not always diagnosed properly in the past. Mesothelioma can only be caused by asbestos and maximum compensation is available for this horrific and generally fatal disease.

The very serious diseases affect people who have worked with asbestos, had loose fibers in their workplace (sometimes from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard day of work with asbestos on their bodies or their clothes.  We have worked on tragic cases where children of parents exposed to asbestos have developed Mesothelioma and can be compensated.

Asbestos Compensation for Canadians is Available

If a loved one has developed one of these conditions in Canada or the USA and is seriously ill or has died due to asbestos exposure it can be proven with medical records and compensation will follow.  Doctors should be able to confirm causation by asbestos when the diagnosis is made. A biopsy is most effective. Compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  This compensation is only open to people who live in Canada and the United States. To maximize compensation we need to investigate each case and know the source or sources of exposure to asbestos to determine which manufacturers were involved and where claims may be placed. If a person is suffering from Mesothelioma we move quickly to get necessary information and documentation including affidavits to be sworn to maximize compensation. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding. Some of the asbestos trusts have longer time limits so it is worth checking if there is a positive diagnosis even if the death was long ago.

We do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. We only handle cases involving people who have serious asbestos illness. Having “asbestos on the lungs” may entitle a person to very small compensation but more importantly it means they are at risk for serious disease and should be monitored by their doctors regularly.

Contact Miskin Law Offices

Contact the Miskin Law Offices in Ontario for information on making a claim for asbestos related diseases.  Email miskinlaw@yahoo.com or call 416-492-0989 from the Toronto area or toll free 877-428-8000 from elsewhere in Canada. You can have us as your lawyers here in Canada and get compensation from the trusts set up to pay claims on behalf of the former asbestos manufacturers in the United States. Again we will investigate your possible claim with no cost on your part. If we can get you compensation our fees and expenses are fully paid from the compensation you receive.

We are working closely in partnership with experienced reputable lawyers from the Locks Law Firm in Philadelphia to ensure that Canadians get fair compensation equal to what is available to Americans payable in US dollars (which is no longer to our advantage). Usually, we work hard to determine the source of asbestos exposure to maximize the available compensation funds. If we can prove a particular company’s products were used we can get compensation from the applicable trust (again it is not a lawsuit and you do not go to court).  Many people have no idea where they were exposed or do know but know little about the specific asbestos products.  There has to be significant illness diagnosed, not just fear of future illness to make a successful claim. Cases are handled with contingency fee agreements which include a one third fee shared by the lawyers involved on your behalf.  That means you pay nothing until and unless money is received for your claims.  Settlements are in US dollars, which vary in value when converted to Canadian dollars. We include the tax in our share of the one third contingency fee so you will not pay any additional PST, GST or HST on a settlement.

Often we can get clients compensation from more than one trust fund. We make sure to try all relevant asbestos trusts to maximize compensation.  Eligibility for multiple trust compensation is dependent on the source of the asbestos exposure. The more details you have on the source of asbestos and specific asbestos products and dates of exposure the more sources of compensation there are.  We are seeing some large cheques come in for our clients and faster processing of claims. If you are not eligible for Worker’s Compensation we can get you compensation so long as we can prove asbestos to be the cause of an illness or if there is a Mesothelioma diagnosis.  With confirmed Mesothelioma, that is not a problem.  The right to bring a claim may be taken away by receipt of or application for Workers Compensation Benefits so do let us know details of any WCB, Work Safe or WSIB claims made when you first contact us. DO NOT APPLY FOR WORKERS COMPENSATION FOR MESOTHELIOMA UNTIL YOU HAVE HAD LEGAL ADVICE.  The Boards have brought U.S. claims for a number of Canadians through American law firms and where that is done we can not bring a claim. Sometimes we need consent from the Workers Compensation Board or from the employer who in some situations pays the benefits, before we can proceed. Compensation Boards keep all of the money that they recover from U.S. claims as reimbursement for what they paid to the injured worker and only pay the worker or their family the excess amount if there is any. Workers Compensation pays a contingency fee to the lawyers they use and also charges its own administrative fee from money it recovers. There is rarely if ever money that they will pay to the worker or the worker’s family from the asbestos trusts.  We are consulting with the Compensation Boards in different provinces to ensure that our clients actually receive maximum compensation from all sources. In some Provinces Workers’ Compensation Boards have allowed us to proceed directly for clients with claims to the asbestos funds where the Boards have rights to make those claims. Persons entitled to benefits from Alberta Workers Compensation do not have any right to make a separate claim for compensation. In Ontario we are claiming on behalf of families of victims and on behalf of School Boards with respect to illness from asbestos exposure in schools.

Murray Miskin has been a lawyer in Ontario practicing personal injury law for over 30 years and has worked on national and international injury claims.  Our experience gives us an edge in representing Canadians on asbestos claims. Murray Miskin has been familiar with asbestos and asbestos products since childhood as his father Nat Miskin was a Toronto plumber who worked with asbestos.  Murray’s first work with Canadian asbestos injury claims was in 1979 at the Phelan, O’Brien law firm in Toronto as soon as he finished law school. We are settling many asbestos claims  now and getting compensation for our clients.  These are not lawsuits in court but are applications to compensation funds done with paper work and no personal appearances by clients. We will treat you and your family with compassion and respect and get you results without added stress or work on your part. If you have documentation of the medical condition and information on the source of asbestos exposure (especially type of asbestos product) that helps us get results more quickly. There is no advance fee or financial retainer required and there is no risk to the client. The lawyers are only paid from the funds collected with a regulated contingency fee from the recovery split between the lawyers working on the claim.

You may call our office at a local number or toll free nationally at 1-877-428-8000 and speak with Anna at Extension 118, or Murray at Extension 111 about your situation.  For a speedy response seven days a week email details to Murray Miskin directly: miskinlaw@yahoo.com


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Celebrex and Bextra Settlement Update

Posted on April 7, 2013 | 5 Comments
Pfizer Class Action

Bextra Celebrex Claims in Process

Celebrex, Vioxx and Bextra were similar popular anti inflammatory drugs until late in 2004. Vioxx was recalled over 8 years ago with the Bextra recall soon after. The drug Celebrex is still sold and used by people today but with strong risk warnings.

Class action claims related to all three of these drugs have settled. The deadline for submitting claims for settlement of the class action in Canada for Pfizer’s drugs Celebrex and Bextra was December 22, 2012. We are acting for some claimants for Celebrexa and Bextra, although most of our clients with similar claims relate to the drug Vioxx manufactured by Merck.  All 3 of these drugs are Cox-2 inhibitors which are a specific form of non steroidal anti inflammatory drug which is believed to have the effect of increasing the risk of users to have heart attacks or strokes.

We have submitted claims on behalf of our Bextra and Celebrex clients.  We now understand that there have been about 200 claims in total which is a surprisingly low number especially considering the widespread popular use of Celebrex.  Bextra was a new drug introduced shortly before the Vioxx recall and there were not very many people taking it. We understand that some claims including those submitted several months ago are still being “assessed” and that no claims have been paid to date. Since the deadline has passed for further claims we have received some claim assessments for our clients and for some we must send in additional material. The assessments we have so far on Bextra look good and those clients are pleased.

For the Vioxx claims we now have finalization of the settlement approval which will allow claims to be filed starting April 20, 2013. There are an estimated 1200 Vioxx claims that are to be submitted with our firm representing a substantial number of the people with Vioxx claims.  The Vioxx recall received considerable publicity with many Vioxx users being switched to Celebrex after. The Vioxx claims, which have now taken over 8 years without finalization of the settlement, was fought hard by Merck and had a much higher profile than the case related to Celebrex and Bextra.  Pfizer has been far more co-operative in dealing with claims and a settlement was reached about a year earlier with more generous terms to the settlement.

The current Bextra Celebrex status is a definite indicator that it may be some time before Vioxx claims are actually paid.  We are now thinking we will not see payments on Vioxx until early 2014.  We are optimistic that some Bextra and Celebrex claims will be paid soon.  Claims can be filed for Vioxx starting in the second half of April 2013 that process will remain open for 120 days until mid August 2013.  Payment of Vioxx claims will not take place until after the deadline when all of the claims have been assessed.  Payment is then made “pro-rata” based on a division of the total funds available for the settlement.

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Power of Attorney or Will: Be sure to Meet Legal Requirements

Posted on April 4, 2013 | Leave a comment
gavel on will

It is important to plan well for your Will and get personalized legal and sometimes accounting advice first.

Wills, Power of Attorney and estate planning are matters to be taken very seriously.  The Miskin Law Office prepares Wills and Power of Attorney for individuals in Ontario, Canada. This is done after a first meeting with a lawyer and the client to assess a client’s situation and needs in order to prepare the best document to meet the individual requirements and decision making wishes of the client.  The purpose is to use estate planning to simplify future estate issues to ensure a smooth transition of assets which will reduce the need for future legal services and also plan for reducing taxes payable after death.  We encourage clients to prepare wills that do not lead to family disputes which can ruin relationships and cost a lot of money.  Where there already is an estate dispute we work with clients to resolve the issues sensibly and avoid costly court proceedings.  If there is a dispute mediation is a big part of our law firm’s range of services and we represent clients in Estate Mediation. Murray Miskin also acts as mediator in estate disputes. Estate litigation can be very costly and time consuming and we usually refer complex or unresolvable disputes to lawyers who specialize in such litigation. We are willing to mediate these disputes but we will no longer act for a party litigating these disputes. The best thing is to avoid disputes with estate planning and properly prepared legal documents. A Will is a document that you can sign with your binding instructions as to who will receive your assets after your death. It names an Estate Trustee (formerly known as Executor) whose responsibility after your death is to manage the estate in accordance with your wishes. You may also propose guardians for your underage children and indicate preferred funeral arrangements in your will. We often prepare specialized wills for people who have children with disabilities or special needs. Until your death the will may be revoked or changed so long as you are mentally competent. Minor changes can be done by Codicils which cost less than a new will. Wills should be redone immediately on a marriage break up. If you do not have a valid will the legal requirements of the law determine what happens to your estate without consideration of your preferences.  This may be fine for many families where there are no second marriages, common law relationships, specific bequests or unusual preferences to be considered.  If you are living common law or there are children of prior relationships involved it would be wise to obtain legal advice immediately.

A Power of Attorney for property is a document you can sign which gives power only in your lifetime over your assets to another person whom you may designate. That authority may be set up to be effective any time or only if you become incapacitated. It may be restricted to dealing with or not dealing with certain matters. You may have more than one person designated so both or either may sign for you. You may name alternates and specify whether the attorney has a right to be paid for what they do. It does not take away your own rights to sign on your own behalf.   A Power of Attorney for Property which our office refers to as POA,  is a critical document to have should you ever become totally incapacitated or suffer a loss of mental competence.  A Power of Attorney expires on your death.

You may also sign a separate  Power of Attorney for Personal Care where you authorize another person  (again with an alternate) to make health care choices for you when you are unable to do so yourself. This is sometimes called a Living Will. In it you may state your preferences on treatment issues and life support questions.  Many people who want these documents prepared have strong opinions on the possible choices their doctors and family members will have should they become sick to the point where they may have no hope of recovery and may become a burden on others.  Some people do not want their next of kin to decide what to do but instead they may have  a close friend or other relative they wish to involve in decisions.  You may also name a doctor or type of doctor you wish to have assess you and give advice when critical decisions must be made.

We strongly emphasize the need to use a lawyer to prepare any of the above documents to ensure it is valid and does what you want it to do.  Cheap Will and Power Attorney kits are available but pose a serious danger, in that, what you prepare will be invalid unless properly done following strict legal requirements.   For the money you save doing it by yourself it is not worth the risk.  In preparing these documents we always have a lawyer meet with you for as long as necessary to advise you and take careful instructions to make sure the document prepared is what you want it to be. We generally bill and expect full or partial payment by cash or cheque at the first meeting.  It is important to have a fully qualified and experienced lawyer discuss your intentions with you to ensure that the will is done properly.  We do not believe it is sufficient to give instructions to a member of the lawyer’s staff in a meeting, by letter or email, or by phone.  It is important that the lawyer use their judgment to assess capacity issues at a meeting to prevent future disputes of wills. We sometimes require clients to get a doctor’s note on capacity ahead of signing a will. At a later meeting the documents are signed in accordance with Ontario legal requirements with the lawyer present to oversee, explain the document and discuss any last minute changes.  In cases of complicated wills with unusual provisions or special requirements due to personal circumstances we may charge extra and we will let you know and decide how to proceed at our no cost or obligation meeting in advance of actual will preparation.

Our usual fees (including basic planning for the estate and including disbursements) are set out below with 13% HST added to any fee: Wills: one will $300, a pair for $500
Codicils (Will Changes): fee for one is $125, $200 for a pair
Power of Attorney (POA): one document of each type is $200, a pair of each type are $300.  These fees are USUALLY discounted when multiple documents are prepared.  Typically you will save $50 or more per person by preparing a Will with a Power of Attorney or both types of Power of Attorney. Call for exact price details for your situation. Documents requiring unusual clauses and extra planning may cost more as well.

WHERE NECESSARY WE WILL TRAVEL OUTSIDE OF OUR OFFICES AND IN THOSE INSTANCES OUR USUAL HOURLY RATES FOR EXTRA TIME AND ANY MAJOR DISBURSEMENTS WILL APPLY TO CLIENT ACCOUNTS.

The above fees are discounted when multiple documents are prepared.  Clients pay the fee on a first meeting to discuss wills and then the documents are reviewed and signed on a second visit.  We usually  store the original signed Will and give clients 2 copies. For Powers of Attorney we usually make 3 originals and the client keeps 2 and we hold the 3rd. We keep original documents in our heavy fire proof filing cabinet at our office until they are needed or signed out by the client.  WE ENCOURAGE YOU TO GET YOUR WILL DONE SOON. NOBODY KNOWS WHEN THEIR WILL IS GOING TO BE NEEDED OR WHEN THEY MAY LOSE CAPACITY TO SIGN A WILL OR POWER OF ATTORNEY.

Some clients require personalized estate planning for their special situations. In some situations it is advisable to have more than one Will.   We may refer you to accountants or other experts to help with planning. This will cost you a extra to engage such professionals but probably save later costs in taxes paid by the estate and provide more structured plans for future generations to preserve wealth.  We can assist you with up to date information about recent changes in the legal requirements of tax structures.  Please call Angela at Extension 112 for an appointment for a Will,  Power of Attorney or Estate Planning.  The first meeting is free and with no obligation to proceed with us. Plan carefully for the next generation.
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Celebrex Class Action Lawsuit Settlement Compared

Posted on November 27, 2012 | 1 Comment
Bextra - Worse than Vioxx

Bextra from Pfizer

 

 

PLEASE BE AWARE THAT THE DEADLINE FOR SUBMITTING CELEBREX OR BEXTRA CLAIMS PASSED ON DECEMBER 20, 2012

Pfizer’s Cox 2 inhibitor drug Celebrex is similar to Merck’s Vioxx and Pfizer’s more powerful version Bextra.  Celebrex remains on the market and Bextra was banned soon after Vioxx in 2004.  While Merck’s equivalent drug Vioxx was the most hotly contested and publicized lawsuit for this type of drug which can trigger heart attacks and ischemic strokes, class action lawsuits proceeded quietly including a Canadian Class Action lawsuit covering both Pfizer products. Celebrex statistically appears to have less problems than the other drugs and for that reason it has been allowed to remain in use. Celebrex compensation is limited to those who were prescribed the drug before 2006 when warnings became stronger.

Both the Merck and Pfizer class action lawsuit settlements include a maximum compensation of $100,000 as base compensation plus an amount for the victim’s family members.  For the Vioxx settlement, stroke compensation is to a maximum of $5000 while that limit does not apply to the Pfizer class action lawsuit settlement.  The case against Pfizer settled sooner and on a more generous basis which includes additional compensation for loss of income and for “consumer costs” which are the costs of the medication purchased by claimants. In the Vioxx settlement there are reductions in compensation based on numerous other risk factors that in most cases will greatly reduce what is paid.  For Bextra and Celebrex the level of compensation is mainly determined by the dosage with lower dosage use claimant limited to $25,000 base compensation. The settlement in Vioxx cases is restricted  to cardiovascular conditions and only covers heart attack, ischemic stroke and sudden cardiac death.  The Pfizer class action lawsuit settlement includes up to $10,000 as a base amount for “other cardiac, renal or vascular event”.  That means less people will be excluded from compensation under that settlement than with the Vioxx settlement.
The Vioxx class action lawsuit settlement totaling about $37 million is triple the amount of dollars as the Pfizer settlement, but there are many more claimants for Vioxx.  Court approval hearings are complete for the Vioxx settlement and we have received the Judges’ decision on approval of the settlement. The total of the Pfizer settlement is twelve million dollars.  The Pfizer settlement has also been given court approval several months ago and we have submitted applications for compensation for individual clients.  Those applications are now being processed and we are waiting for compensation decisions. Bextra has been known to cause severe skin reactions including a horrible and rare condition called Stevens Johnson Syndrome (SJS) and it is compensated too.  If you believe you or a family member may qualify for compensation for any of these drugs please call our office or email: miskinlaw@yahoo.com   The claim process is best handled with legal assistance which we can provide on a contingency fee basis. That means we do not charge a fee or any expenses until and unless we get you compensation on your claim.

For details of the Vioxx settlement and court approval information read our main Vioxx page. For official information on the settlement of Pfizer claim refer to: http://www.bextracelebrexsettlement-en.ca/index.html

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Merck Vioxx Class Action Settlement Court Approval

Posted on September 9, 2012 | 53 Comments

Merck’s Super Aspirin was Vioxx

THIS IS AN APRIL 20, 2013 UPDATE OF INFORMATION ABOUT COURT APPROVAL OF THE SETTLEMENT OF THE CANADIAN VIOXX CLASS ACTION NEGOTIATED WITH MERCK BY THE CANADIAN CLASS ACTION LAW FIRMS AND ANNOUNCED OVER A YEAR AGO IN JANUARY 2012. THE SETTLEMENT WAS CONDITIONAL ON COURT APPROVAL AFTER CONSIDERING THE FAIRNESS OF THE TERMS OF SETTLEMENT. FAIRNESS HEARINGS HAVE BEEN HELD IN ONTARIO FOR ALL OF CANADA, EXCEPT SASKATCHEWAN (WHICH HELD A HEARING FOR SASKATCHEWAN JULY 25) AND QUEBEC WHOSE HEARING WAS ON SEPTEMBER 7TH. FINAL COURT APPROVAL OF THE SETTLEMENT WAS GIVEN BY EACH COURT. THERE WAS NOT ENOUGH OF A CASE AGAINST THE SETTLEMENT BROUGHT TO THE COURT TO FORM A BASIS FOR TURNING DOWN THE SETTLEMENT.  THE THREE JUDGES CONSULTED EACH OTHER TO ENSURE CONSISTENCY IN THE THEIR DECISIONS AND REASONS.

The remainder of this post has only been partially updated to note the completion of settlement approval.  For the latest information go to our new web page after reading this.

OUR LAW FIRM, WHICH REPRESENTS OVER 300 VIOXX CLAIMANTS, IS BASED IN ONTARIO AND MURRAY MISKIN ATTENDED THE ONTARIO HEARING ONLY. THE FAIRNESS HEARING IN ONTARIO WAS HELD AT THE LONDON COURTHOUSE 80 DUNDAS STREET ON TUESDAY JULY 17TH AT 10 AM BEFORE MADAM JUSTICE LEITCH OF  THE ONTARIO SUPERIOR COURT. HER HONOUR INDICATED SHE WILL PREPARE A DECISION TO BE RELEASED AFTER CONSULTATION WITH THE SASKATCHEWAN AND QUEBEC JUDGES HEARING THE SAME MOTION.  AT THE HEARING SUBMISSIONS WERE MADE BY MICHAEL PEERLESS OF THE SISKINDS  LAW FIRM ON BEHALF OF THE CLASS ACTION PLAINTIFFS AND BY KATHERINE BEAGAN FLOOD ON BEHALF OF MERCK WITH TWO PEOPLE SPEAKING AGAINST THE SETTLEMENT INCLUDING GARY ROBERTS THE HUSBAND OF ONE OF OUR CLIENTS WHO IS NOT ENTITLED TO COMPENSATION UNDER THE SETTLEMENT.  THE OTHER PERSON SPEAKING WAS MRS. DUFOUR WHO STOPPED USING VIOXX A FEW MONTHS BEFORE HER HEART ATTACK AND WHO WOULD NOT QUALIFY UNDER THE SETTLEMENT. MURRAY MISKIN WHO CAME TO OBSERVE THE PROCEEDINGS WAS ASKED BY THE COURT TO SPEAK AND DID SO ON BEHALF OF HIS CLIENTS SOME OF WHOM SUPPORT AND SOME OF WHOM OPPOSE THE SETTLEMENT.

THE ONTARIO HEARING APPLIED TO ALL CLAIMS EXCEPT THOSE IN QUEBEC AND SASKATCHEWAN. ORDERS HAVE BEEN MADE IN ALL PROVINCES SETTING OUT THE APPROVAL PROCESS REQUIREMENTS. THE FOLLOWING IS A LINK TO THE ONTARIO COURT ORDER SETTING OUT INFORMATION ABOUT THE SETTLEMENT AND THE APPROVAL PROCESS: ONTARIO COURT

The settlement was announced in January 2012 with much attention by the media but there has been almost none since then.  Notices were posted in newspapers nationally about the court dates on June 9, 2012. Everyone who is affected had a right to be heard on this and the settlement is only to be approved by the court if it is believed to be in the best interests of Vioxx victims.  There has been no media coverage of the settlement approval process and this website has been the only source of information on what has happened and what has  happened until now.  There are now official notices and more information at vioxxclassaction.ca

 The following information about Vioxx and the settlement was published in this website’s post before the court approval dates:

Merck’s once popular anti-inflammatory drug Vioxx turned out to be a deadly drug for many people. It was voluntarily withdrawn and then recalled in 2004 with numerous lawsuits that followed, including, in Canada, a Class Action claim which took precedence over possible individual claims under Canadian law. Merck fought claims world wide settling in the USA only after a few years.  Our firm brought some claims in the New Jersey court working with US lawyers on the cases.  When the US case settled in November 2007 it was a term of settlement that all foreign claimants cases had to be dropped by the US lawyers.  At that point the judge handling the case had already ruled that British claimants should proceed in the court of their own country and we were expecting a similar decision for Canadians.  We then had no choice but to wait for the Canadian class action which had been delayed by arguments between lawyers over which law firm would manage the case and then by Merck’s procedural delays and appeals.  When the Canadian case was finally certified to proceed with no further right to appeal some of our clients with stronger cases chose to opt out of the class action so they could make individual claims hoping for better settlements.

In Australia last year Merck did well after a major test case trial which found liability only in heart attack situations and specifically concluded after much expert evidence that there is no proof that Vioxx causes strokes or other cardiovascular problems. The Judge ordered compensation in a heart attack case but that was overturned on appeal by Merck.  The negative finding in stroke cases was not even appealed as the evidence was clearly not enough for proof.  It was after the Australian case victory that Merck was ready to negotiate with the Canadian Class Action lawyers.  The negotiations conducted on behalf of all persons in Canada claiming, resulted in a settlement agreement announced January 19, 2012.  There is a national Vioxx settlement in Canada.  The amount of the settlement is proportionately much less than the US settlement on a per capita basis.  It provides compensation up to $100,000 in heart attack and sudden cardiac death cases and pays an amount capped at $5,000 in ischemic stroke cases.  Stroke compensation does not include payment for Transient Ischemic Attacks (TIA). Nothing is paid in the settlement for hemorrhagic strokes or other conditions. This settlement was negotiated with Merck by the Class Action lawyers not the law firms (like ours) representing individual clients. When a settlement agreement was reached by the negotiators it asked for persons who had opted out of the Class Action to agree to opt back in and accept the settlement.  This happened as all the clients now represented by Canadian lawyers who had opted out agreed to accept the settlement. Our opted out clients were not prepared to take the high risk of proceeding with their own individual cases in court. Those who had not opted out of the Class Action were not given a choice.  Our firm acts for a large number of individual clients, and we are determining how each of our clients will benefit (or not) from the settlement). It is a complex settlement factoring dates of use in relation to the cardiac event and with numerous reductions based on risk factors. We have written letters to most of our clients who do not qualify for compensation under the settlement to advise them of their rights.  We have written to others where we need additional information to determine if they will be compensated and for some we are still trying to determine if there is eligibility. We are preparing and sending out actual claim forms to our clients and family members for signature.  We are now submitting claims where the documentation is complete with forms all signed.  We have many clients who clearly benefit from the settlement and we are documenting their claims for compensation.  For people who are not represented by lawyers yet, we are still on request, reviewing situations and accepting retainers in cases that qualify for compensation.

THE FOLLOWING PARAGRAPHS HAVE NOT BEEN UPDATED SINCE SETTLEMENT APPROVAL WAS GIVEN:

We have heard from a number of angry clients and others who will receive little or no compensation.  We also have clients who are happy with the settlement and that they will be compensated finally even where the compensation is not believed to be adequate.  If you are not happy with the settlement do speak out and the court will consider what you have to say.  Our firm is not in a position to take a position for or against the settlement as we have many clients who have conflicting views and we can not represent some to the detriment of others. We can not say that we are happy with this settlement. It is not as good a settlement as the one for users of Celebrex or Bextra who suffered similar harm.  We encourage our unhappy clients to get independent advice and legal representation if they wish to oppose the settlement.  To be fair to the class action lawyers it is their view that this is a good settlement which was the best that could be done given the nature of the case and the impact of the Australian court decision. Had Merck been willing to negotiate earlier there is no doubt that the settlement would be better.  In the US the pressure of numerous cases being reached for trial put pressure on Merck to settle much sooner and for a lot more money for each claim.

Further to the Australian trial decision and appeal,  the Australian High Court in May 2012 denied an attempt to appeal the dismissal of the claims and so that is the end for the Australian Vioxx case.  Australia’s laws are similar to Canada’s and the Australian decision has a major legal impact on us.  The decision gives much ammunition to the class action lawyers who argue that the Canadian settlement is a “very good one”. All of this will be considered by the Ontario and Quebec courts when the court approval application is heard. We do expect approval to be given to the settlement and after that claims will be processed.  It is likely that the first settlement money will be received by claimants in early 2013.

Several months ago the NBC TV show Dateline NBC taped an episode including an interview with Pam Cottingham, one of our Vioxx clients, who suffered a serious stroke at age 43 following Vioxx use.  That show was aired on Sunday March 4, 2012 and shows how a drug like Vioxx can still be approved. You can see the entire show below in six parts with the portion dealing with our client and the Vioxx settlement in Canada in Part One.

Visit msnbc.com for breaking news, world news, and news about the economy

We continue to act for everyone in our existing group of clients to get compensation but we are only taking on new cases which qualify under the Canadian settlement.

 

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A Yasmin Experience

Posted on July 27, 2012 | Leave a comment


Anonymous Female

Our client writes:

The following is the story of one of our firm’s clients who suffered adverse effects after using Bayer’s birth control pill Yasmin. Miskin Law Offices represents a number of clients who are involved in a class action against Bayer for Yasmin and a similar drug Yaz. The Class Action is now waiting for a court certification order. We continue to accept new clients:

I was 20 years old; about to begin my second year of college. I was put on Yasmin at a young age; not as a contraceptive, but to balance my hormones. I began taking it so that I would get my period and develop normally. I should not have been put on the drug so young, and it has resulted in not only a Pulmonary Embolism; but Deep Vein Thrombosis as well. I had numerous clots throughout my entire right leg, pelvis, and lungs. It was a miracle that I survived it. I have to take blood thinners for the rest of my life, and have been told that I may never be able to carry a child. 

As a result of the incident, I was in the hospital for over a week. I was prescribed numerous pain medications for several months. I could not walk and had to return to school less than 3 weeks later or else I would have to put my career on hold for over a year in order to finish the program. (There were no openings until September of 2012). So I sucked it up and returned to school immediately on crutches; and my grades dropped drastically. I sought counseling and accessed Assisted Services within school.

Forever more, I will not be able to consume ANY other hormonal treatment for the imbalances in my body. I could have been on more natural supplements if I wasn’t so negatively affected by Yasmin. Their advertisements are inappropriate, and that they attract very young women to their product.  All because of them, I have to suffer with these symptoms for the rest of my life and may not be able to carry a child. Any treatments to prepare my body for such an event would fatally harm the baby or myself. I have been severely depressed due to no periods and embarrassing hair growth. As a survivor, I wish to ensure that others are compensated for their loss. I want women to feel safe, receive justice, and know that future generations will not be affected by Yasmin. Many women have suffered like I have; writhing in pain like never before. Many have experienced the loss of a mother, sister, daughter, friend, or lover to the affects of Yasmin. I am one of the lucky few to have overcome the affect, with permanent complications as a result.

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Canadian Asbestos – Mining, Exposure and Export

Posted on June 1, 2012 | Leave a comment

Asbestos Snow in "The Wizard of Oz" movie

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Since the 1870s the mineral asbestos was mined in Quebec and Canadian asbestos mining used to be considered one of our country’s greatest natural resources and sources of wealth. Nobody had heard of Asbestosis or Mesothelioma resulting from asbestos exposure. Asbestos was seen as one of the greatest substances known to man. Asbestos is virtually indestructible, it is a most effective fireproofer and insulator with many practical uses. Asbestos uses have included artificial snow for Christmas decoration and for movies like 1939′s The Wizard of Oz with Judy Garland, and Holiday Inn, which in 1942 introduced the song White Christmas. Regular asbestos use was common across Canada in covering pipes, electrical wiring, insulation, floor tiles, children’s toys, kitchen equipment, blankets, curtains, bricks, cement, gaskets, fireman’s suits, auto brake linings, lawn furniture and even filters for cigarettes. Asbestos use and fire safety were almost synonymous words. Regular daily asbestos exposure was a fact for most Canadians.

There has been Asbestos use by people in cookware and in clothing for over 4,000 years. The word asbestos comes from a Greek word meaning “unquenchable” or “inextinguishable”. Charlemagne, the first Emperor of the Holy Roman Empire, was known to have an asbestos tablecloth in about the year 800. When Marco Polo visited Siberia in his travels during the 13th Century, he was presented with asbestos clothing which he was first told was made from special wool from a magical lizard (salamander). Its qualities were considered magical. Marco Polo eventually did learn that asbestos actually came from the ground. Like spices and pasta the mineral asbestos was brought back by Marco Polo and introduced to Europe where asbestos exposure and use became common. Asbestos use became more common for industry in the 1800s. As Canada developed, asbestos was discovered and asbestos mining developed into a major Quebec industry.

Long before anyone knew of the potential for extracting large quantities of oil from the bitumen of the Alberta tar sands, the magical mineral asbestos was viewed as one of Canada’s greatest assets. “These enormous asbestos deposits in the province of Quebec are immensely valuable to Canada in war and peace, and they form a very important part of our great heritage of mineral wealth,” said CBC Radio’s Lorne Greene in 1942, on-site at the Jeffrey Mine in Asbestos, Quebec. But far worse than today’s oil from sand, which has a huge environmental price attached to it, the more easily mined asbestos comes with a deadly impact on miners, people who work with it and people simply exposed to asbestos in everyday life. Asbestos mining has advanced with protection for the miners. The asbestos exposure danger is greatest from breathing in asbestos fibers. The fibers remain in the body indestructible and for many people slowly causing serious diseases like asbestosis and mesothelioma.

In ancient days there was some suspicion of ill effects from asbestos use as it was noted that the slaves who wove asbestos into clothing became ill and had breathing difficulty. They were the symptoms of asbestosis. The connection to asbestos exposure was noted but not a concern since the weavers were slaves and easily replaced. It was not until 1906 that the first human was diagnosed as having died as a result of asbestos exposure. Researchers began to investigate respiratory health problems in asbestos mining towns and it became clear asbestos exposure was the culprit. Conditions such as asbestosis where long term asbestos exposure causes severe respiratory disease became known in the early 1900s with the first official asbestosis death noted in medical journals in 1924. Mine owners and other business users of asbestos did all they could to suppress knowledge of the danger of asbestos. The horrible condition of Mesothelioma which is a deadly and painful cancer of the lining of the lungs was discovered in the 1920s but not linked to asbestos until the 1940s. Mesothelioma can only be caused by asbestos exposure. By the 1970s awareness and fear of asbestos related diseases led to asbestos use being regulated and phased out. There were strikes in the mines due to safety concerns. Lawsuits began which eventually put most mines out of operation and most asbestos product manufacturers into bankruptcy. Asbestos mining is now a very small industry in Canada but asbestos mining continues to get strong support from the Quebec Government in its attempts to support the asbestos mining industry.

Canada continued asbestos mining and export even though asbestos use is banned in Canada and most developed countries. Canadian asbestos is now killing people all over the world with support for the asbestos mining industry from both the Federal and Quebec Governments despite growing opposition to it by Canadians. The Government of Canada has helped prevent a world ban on asbestos and it’s support for the Canadian asbestos industry is a major political issue today. Please view Operation Maple’s video regarding Canada exporting asbestos featuring an interview with Murray Miskin: http://www.youtube.com/watch?v=uEgwgfVmv7g

More and more Canadians are finding they have Mesothelioma or other serious cancers and other conditions (asbestosis, pleural plaques) caused by exposure to asbestos and asbestos use which may have been many years ago. The Miskin law firm represents Canadian asbestos victims and their families in getting compensation for Asbestosis, Mesothelioma and other diseases. We work to promote awareness of the dangers of asbestos exposure. There is compensation for some people for asbestosis and mesothelioma through Workers Compensation, and we bring claims to asbestos trusts set up to pay claims for asbestos victims from the assets of the asbestos product companies. The greatest compensation is for victims of mesothelioma. Miskin law offices are the leading mesothelioma lawyers in Canada. Call our office or Email miskinlaw@yahoo.com if you or a family member believe you have a claim.

We now have a new informational website where we provide more asbestos facts related to Canada along with links to many asbestos and mesothelioma related resources and organizations. It is www.asbestosfacts.ca

We encourage you to learn more and join the battle to protect Canadians from asbestos and to protect the world from Canadian asbestos exports.

Asbestos, Quebec, Canada

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