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About Beryllium

If you are interested in discussing a potential case, please contact us by e-mail via this Web site or call  1-973-696-7900.

What is the Cold War Compensation Act?

"The Cold War Compensation Act" is the first federal workers' compensation program to be implemented in the last twenty years. The benefit program that will be offered to beryllium workers amounts to a federal bailout of a monopolistic private industry that has hidden behind the cloak of national security and has endangered the lives of workers, their household contacts and innocent bystanders.

The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) (P.L.106-398) which was enacted into law in October, 2000 with strong bipartisan support. EEOICPA establishes a program to provide compensation to employers of the Department of Energy (DOE), its contractors and subcontractors, companies that provided beryllium to DOE, and atomic weapons employers.

Medical Information

Beryllium is a metal that can be harmful when you breathe it. The effects depend on how much and how long you are exposed to it. When you breathe it in, beryllium can damage your lungs. When you breathe in large amounts of soluble beryllium compounds, the lung damage resembles pneumonia with reddening and swelling of the lungs. This condition is called acute beryllium disease. In this case, if you stop breathing air with beryllium in it, the lung damage may heal. Some people can become sensitive to beryllium. This is known as hypersensitivity or allergy. If you become sensitive (allergic) to beryllium, you will develop an immune or inflammatory reaction to amounts of beryllium that do not cause effects in people who are not sensitive to beryllium. When this occurs, white cells accumulate around the beryllium and form a chronic inflammatory reaction called granulomas (granulomas are not tumors). This condition is called chronic beryllium disease. This disease can occur long after exposure to small amounts of either the soluble or the insoluble forms of beryllium. If you have this disease you may feel weak, tired, and have difficulty breathing.

Although the soluble and insoluble forms of beryllium can cause chronic beryllium disease, workers breathing air containing beryllium at less than 0.002 milligrams (mg) (1 mg = 1 thousandth of a gram of beryllium) in a cubic meter (mg/m³) (a level that government rules permit in the workplace) will probably not develop lung damage as a result of exposure. Both the short-term, pneumonia-like disease and the chronic beryllium disease can be fatal. Long periods of exposure to beryllium have been reported to cause cancer in laboratory animals, but some of these studies are not reliable. Some studies of workers reported an increased risk of lung cancer, but these studies are not conclusive, and new studies are being performed. The Department of Health and Human Services has determined that beryllium and certain beryllium compounds may reasonably be anticipated to be carcinogens.

The International Agency for Research on Cancer has determined that beryllium and beryllium compounds are probably carcinogenic to humans. The EPA has determined that beryllium is a probable human carcinogen. We have no evidence that breathing air, eating food, or drinking water that contains beryllium or having skin contact with beryllium has any effects on reproduction or causes birth defects in humans or animals. Swallowing beryllium has not been reported to cause effects in humans because very little beryllium can move from the stomach and intestines into the bloodstream. Beryllium contact with skin that has been scraped or cut can cause rashes or ulcers. If you have developed an allergy to beryllium and have skin contact with it, you can get granulomas on the skin. These skin granulomas appear as a rash or as nodules. The skin granulomas are formed in the same way that lung granulomas are formed in sensitive people.

Agency for Toxic Substances and Disease Registry (ATSDR). 1993. Toxicological profile for beryllium. Atlanta, GA: U.S. Department of Health and Human Services, Public Health Service

 

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Who's at Risk?
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Workers

Those who worked at or near sites where beryllium was used. Some workers are considered "covered" by the federal compensation program and/or various State workers' compensation programs.

Family Members & Household Contacts

Workers can inaderently carry hazardous materials from from work on their clothers, skin, hair, tools and in their vehicles. As a result, families of these workers have been exposed to hazardous substances and have developed various health effects. NIOSH has issued a report to the US Congress on this issue.

Bystanders

Those who workerd in and about the areas where beryllium was used may also have been exposed and entitled to benefits.

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Beryllium Articles
The Zadroga 9/11 Victim Compensation Fund Benefit Program

On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

Burn Pits Claims

Breathing dust, fumes and other and other toxic substances, exposed  troops deployed overseas, and those who worked for government contractors abroad and other civilians, to a serious hazards. 

Jon Gelman Named in Best Lawyers in America 2012

Jon Gelman has been named again to Best Lawyers in America®. This recognition has been bestowed upon him for almost 2 decades. 

Selection to Best Lawyers® is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations by the top attorneys in the country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. The annual, advertisement-free publication has been described in The American Lawyer as “the most respected referral list of attorneys in practice.”
 

Jon L. Gelman on the Super Lawyers List for 2011

Jon L. Gelman has been named to the 2010 edition of New Jersey Super Lawyers. Each year, only 5 percent of the lawyers in the state receive this honor.

The Health Reform Act Charts a New Course for Occupational Health Care

The occupational healthcare program embodied in the recently enacted legislation has the potential for being the most extensive, effective and innovated system ever enacted for delivering medical care to injured workers.

Sick Veterans Sue KRB Over Iraq and Afghanistan Burn Pits

A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic dust, fumes and other air pollution by burning unsorted was in vast open-air pits without any safety controls

Complaints Surge About Halliburton Sickening Burn Pits

 A recent report in Mother Jones reveals that soldiers, exposed to the dust and fumes from burn pits, coming home from Iraq and Afghanistan, are reporting illness at record numbers.

OSHA is Listening

The Occupational Safety and Health Administration (OSHA) is soliciting suggestions and comments concerning workplace safety. OSHA's concern is that, "No one should have to be injured or killed for a paycheck."

The Occupational Disease Pilot Program & Healthcare

Legal Talk Network Host and Attorney Alan S. Pierce welcomes Jon L. Gelman to discuss health care and workers’ compensation and the Occupational Disease Pilot Program:

NIOSH Published Beryllium Research Newsletter

Since 1998, NIOSH and Brush Wellman Inc., the largest US producer of beryllium and beryllium products, have collaborated on research focused on beryllium and its associated health effects. This research program comprises medical surveillance of current Brush Wellman workers, and studies of airborne and dermal beryllium exposure. 

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