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Q. What is beryllium?
Q. What is beryllium disease?
Q. If I’ve been exposed to beryllium,
how long can it take CBD to show itself?
Q. Where can I be exposed to beryllium?
Q.Can I be exposed to beryllium outside
the workplace?
Q. How much beryllium does it take to
become sick?
Q. How do you know if you have CBD?
Q. If the presence of symptoms may or
may not tell me if I have CBD, how can I be diagnosed?
Q. What is a blood BeLPT test or screen?
Q. How is CBD treated?
Q. Can exposure to beryllium cause
other adverse health effects?
Q. If I have CBD, or have been shown
to be sensitized to beryllium, what are my legal rights?
Q. I recently heard about a federal
program granting benefits to certain workers in the
beryllium industry (the Energy Employees’ Occupational
Illness Compensation Act of 2000 [H.R. 5408]). Should
I file a claim under this Act?
Q. If I have been injured as a resident
living near a beryllium plant, a worker in the beryllium
industry, or both, what should I do to learn more about
my rights?
Q. If I worked or lived near a beryllium
facility in Pennsylvania or elsewhere, where can I get
legal information about my rights?
A. Beryllium is a brittle, steel-gray metal found as
a component of coal, oil, certain rock minerals, volcanic
dust, and soil. Elemental beryllium (atomic #4) is the
second lightest of all metals and is used in a wide
variety of applications. In its elemental form, beryllium
exhibits the unique property of being both lightweight
and extremely stiff, leading to numerous applications
in the aerospace, nuclear, and manufacturing industries.
Exposure to beryllium most often occurs in mining, extraction,
and the processing of alloy metals containing beryllium.
A. Beryllium disease is caused by the inhalation of
beryllium particles, dust, or fumes. Its symptoms include
coughing, shortness of breath, fatigue, weight loss
or loss of appetite, fever, and sweating. Medical tests
may reveal abnormal lung sounds, lung scars, decreased
pulmonary function, granulomas (a nodular form of chronic
inflammation), and an allergy to beryllium. The chronic
form of the disease, Chronic Beryllium Disease ("CBD"),
is caused by an allergic reaction to beryllium. Depending
on the severity of CBD, symptoms of pulmonary hypertension,
cor pulmonale, or respiratory failure may be present.
CBD is incurable, is usually irreversible, and may result
in death. The acute form of the disease, involving skin
disease with poor wound healing and rash or wart-like
bumps, can also occur, but it is rarely seen and is
not nearly as serious as CBD.
A. CBD has a very slow onset. It can sometimes take
30 years or more after exposure before CBD will be seen or diagnosed.
A. Exposure to beryllium can occur in the workplace.
Among the industries which have used beryllium:
- Metal-working (pure beryllium, copper and aluminum
alloys, jet brake pads, aerospace components)
- Ceramic manufacturing (semiconductor chips, ignition
modules, crucibles, jet engine blades, rocket covers)
- Electronics (transistors, heat sinks, x-ray windows)
- Atomic energy industry (heat shields, nuclear reactors,
nuclear weapons)
- Laboratory work (research and development, metallurgy,
chemistry)
- Extraction (ore and scrap metal)
- Dental work (alloys and crowns, bridges, dental
plates)
- Fluorescent lamp industry (prior to 1951)
A. Yes. Evidence has existed for decades that persons
living near a location where beryllium is used in industry,
i.e., plants and factories, can be exposed and sickened
by beryllium dust, particles, and fumes released into
the general atmosphere.
A. A single exposure is sufficient for a lifelong risk
of developing the disease. Because CBD is caused by
an allergic reaction to beryllium, very little exposure
is required in order to cause the chronic form of the
disease. Unlike with other toxic elements, exposure
to greater quantities of beryllium does not necessarily
enhance the chance that you will get CBD—there
is no dose-response relationship.
A. You may already have symptoms, which include fatigue,
non-productive cough, gradually progressive shortness
of breath, chest pain, anorexia, weight loss, fevers,
night sweats, and joint and muscle pain. However, you
may have none of these symptoms and still have the disease
or be considered beryllium sensitized.
A. The best way to be diagnosed for CBD is to be clinically
evaluated by a physician and subjected to a blood test
known as a beryllium lymphocyte proliferation test (BeLPT).
A. Blood BeLPT is a simple test to determine if you
are allergic to beryllium and therefore beryllium sensitized.
This test can establish the existence of a beryllium-specific
immune response using the blood or lavage BeLPT or beryllium
salt patch test plus pathologic changes consistent with
CBD. While a history of beryllium exposure is helpful,
its documentation is no longer essential to establish
a diagnosis of CBD, since the BeLPT has been shown to
be highly specific. This is especially important given
that seemingly trivial exposures to beryllium can cause
significant disease. By using an immunologic criterion,
doctors can diagnose patients who have little apparent
history of beryllium exposure. Also, individuals may
now be diagnosed with CBD at its early stages, sometimes
prior to the appearance of clinical signs, symptoms,
or radiographic (x-ray) or physiologic (lung function)
abnormalities. Early detection may improve disease prognosis
even though it remains incurable. Finally, the immunologic
tests help distinguish CBD from other kinds of interstitial
lung disorders, correcting misdiagnosis and directing
appropriate therapeutic interventions. In the past,
CBD was often confused with sarcoidosis.
A. Primary prevention is superior to medical treatment
of CBD. Unfortunately, there is no cure for CBD. The
goals of treatment are to reduce morbidity and mortality
by inhibiting inflammation and slowing disease progression.
Removal from exposure is always recommended.
A. Yes. Scientific evidence has confirmed that beryllium
is a human carcinogen, and a number of large epidemiologic
studies have shown an increased risk of lung cancer
among those exposed to beryllium.
A. Whether you were exposed to beryllium in the workplace
or simply by living near the industrial use of beryllium,
you have important legal rights. Polluting the workplace
and the general environment may be actionable if it
has caused harm. Those exposed in the workplace may
have workers’ compensation rights as well as the
ability to sue their employer and third parties for
their injuries. Similarly, nearby residents and others
in the community exposed to emissions of beryllium dust,
fumes, and particulate can sue the companies responsible
for those emissions for monetary damages.
A. Assuming you are eligible for benefits under the
Act, you must give up your right to sue the companies
responsible for causing your chronic beryllium disease.
Since settlements and awards from lawsuits in chronic
beryllium diseases can far exceed the available government
benefits, all workers with potential claims should consult
an attorney before deciding what course of action to
pursue. Under the Act, only benefits for workers are
available; community residents living near beryllium
plants can sue the plant operators for their injuries
but cannot pursue benefits under the Act.
A. An attorney knowledgeable about beryllium litigation
can advise you about your rights.
A. Feel free to call the law firm of Golomb & Honik
toll-free at 1-800-355-3300 to speak with either Ruben
Honik or Richard Golomb. The firm represents individuals
injured by toxic substances like beryllium, and has
successfully handled claims against NGK Metals Corporation
and Cabot Corporation (formerly Cabot-Berylco, Kawecki
Berylco, Inc., and the Beryllium Corporation) in Southeastern
Pennsylvania.
Golomb & Honik will evaluate your case, at no
cost to you and without obligation. To schedule an appointment
or to learn more about your rights in beryllium cases,
call toll-free 1-800-355-3300 and ask for either Ruben
Honik or Richard Golomb. |
