A Kentucky man who has been diagnosed with myelodysplastic syndrome (MDS) has filed a lawsuit against 18 companies for damages in excess of $200,000. He claims that his condition was caused by benzene exposure suffered during his work as a pipefitter, oil burner, and maintenance and repairman.

MDS is considered a precursor to a rare type of cancer known as acute myelogenous leukemia (AML). In fact, about one-third of all patients with MDS eventually develop AML - a condition linked to benzene exposure, which often occurs in high risk jobs such as the ones worked by Earl Brumleve.

Individuals who work in high risk occupations should look into the various state and federal regulations that govern workplace benzene exposure. Employers generally have an obligation to minimize the risk to their workers, and it’s important that workers understand their rights. In instances where workers’ rights have been violated, a lawsuit may be an appropriate course of action.

A couple living in Brazoria County, Texas, recently filed a lawsuit against several petrochemical companies claiming they are responsible for a man’s benzene exposure. As a result of benzene exposure the man reportedly developed leukemia.

The suit, which was filed by Jan and James Callihan, names Univar USA, Atlantic Richfield Company and Shell Chemical LP, amongst others as defendants.

Leukemia Lawsuit Details

James Callihan claims that he was exposed to benzene after working with products that contained the harmful substance for over 20 years. Callihan began working with and around products that contained the known carcinogen in the 1960’s and claims he was never warned of the risks associated with the toxin.
“The plaintiffs would show that the negligence made the basis of this lawsuit, as committed by the defendants, was of such a nature so as to constitute gross negligence as that term is applied and interpreted by the State of Texas,” explains the lawsuit.

Products Containing Benzene Cause Illness

James Callihan was responsible for handling paint products that were manufactured, distributed, and sold by Sherwin-Williams. All of these products reportedly contained benzene. He also became the victim of exposure from the five other defendants during his time working as a journeyman laborer.
The Callihans state in the suit that James Callihan developed permanent and disabling injuries due to his benzene exposure, which eventually developed into acute myelogenous leukemia.
James and his wife are seeking compensation for their pain and suffering, mental anguish, physical impairment, lost wages, and acquired medical expenses.

Biopure Corporation in Cambridge Massachusetts announced that it has had discussions with the Food and Drug Administration about starting a new human trial for it’s Hemopure product, a product already approved to treat anemia in dogs. The product is already approved for human testing in Europe and South Africa and has been for sale commercially in South Africa since 2001.

Hemopure is an oxygen therapeutic which was developed from chemically stabilized bovine hemoglobin and designed to be used as a blood substitute either because of short blood supply or for patients who for some reason refuse transfusions with human blood components.

Hemopure has been tested on humans in the United States but there were some safety concerns so further human testing was not allowed. The FDA and Biopure reached an agreement to do further animal testing to study those concerns and determine if another human trial could be started. Biopure wants to do a study of the product with patients who have Acute Myelogenous Leukemia (AML).

“Currently, AML patients who do not accept blood transfusions are unable to undergo potentially life-saving induction chemotherapy because of the profound anemia the chemotherapy causes,” the company said in a press release.

Zafiris G. Zafirelis, Biopure chief executive and president, added in a statement, “By serving as an oxygen delivery bridge following chemotherapy-induced suppression of red blood cell count, use of Hemopure, as part of a bloodless treatment regimen, may potentially reduce mortality in these patients, who currently have no hope.”

The U.S. Naval Medical Research Center has received congressional funding - four million dollars, FY 2006, 22.5 million dollars so far - to continue research and development of Hemopure. Under its research agreement with Biopure, the Naval Medical Research Center (NMRC) has primary responsibility for designing, seeking Food and Drug Administration (FDA) acceptance of and conducting a proposed Phase 2/3 clinical trial of Hemopure in trauma patients with severe hemorrhagic shock in the out-of-hospital setting. Hemopure attributes would seem to make it an ideal medical component fot the military branches.

It is stable for 36 months (three years) at room temperature.

It does not require refrigeration, warming or reconstitution.

It is compatible with all blood types.

It does not require blood typing, testing or cross-matching.

It is ultra-purified through a patented pharmaceutical manufacturing process that has been demonstrated to remove or inactivate potential contaminants, including infectious agents.