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On
December 7, 1941, Tristan Nobriga and his wife, Fannie, were sipping coffee
on their back porch in Kalihi while four of their five children were attending
Sunday morning church services. Their infant son John was with them. "We
heard all these planes coming, going around, and I looked up and a plane
was right above me," 91-year-old Fannie Nobriga recalled in a recent
interview. "The pilot had these big goggles, and he was looking down
at me."
  The phone rang and her husband rushed to
respond to the call for help at the Pearl Harbor Naval Shipyard, where
only months earlier he had landed a job as an electrician. He returned
home two days later.
  "A lot of them were helping take out
bodies from the water," said John Nobriga about his father and other
shipyard workers who were called in that day. "For two months the
shipyard was secured only workers and military were allowed in.
You saw what happened in New York on Sept. 11, so you can imagine in 41
when all those ships were attacked."
  Tristan Nobriga encouraged his son to apply
for work at the shipyard, hoping he would be "one of the lucky ones
who gets in." But that was before the elder Nobriga learned he had
mesothelioma, a cancer caused by exposure to the deadly microscopic fibers
of asbestos. He died in 1979, 11 months after the diagnosis.
  Nobriga was one of 4.5 million shipyard
workers nationwide who were exposed to asbestos during World War II. About
25,000 civilians worked at Pearl Harbor Naval Shipyard during the peak
year of 1945, with some 40,000 employed during the course of the war.
In addition to a flood of workers from the Mainland, Pearls workforce
during that time included thousands drawn from Hawaiis multi-ethnic
population except for Japanese Americans, considered a security
threat at the time.
  Unlike most shipyard workers on the Mainland,
who built ships with new, intact materials, Pearl Harbor was a ship-repair
facility, where workers were in harms way every day as they handled
damaged and aged asbestos that crumbled upon touch, became airborne and
was inhaled.
  Pearls shipyard workers described
grim working conditions, according to lawsuits filed against manufacturers
of asbestos-containing materials, including Johns-Manville, Owens-Corning
Fiberglas Corp. and Raybestos-Manhattan. Owens-Cornings defense
attorney, David Fairbanks, recalled court testimony of workers who described
electricians, pipefitters and journeymen crammed into very tight spaces
to make repairs. Wartime required fast turnaround.
  "They said it was like a snowstorm,"
Fairbanks said. "It was like a blizzard. Scene like a snowman
no can see, no can breathe. No mask or respirator. Nothing."
  Asbestos has killed an estimated 257,250
since the mid-1960s with an additional 151,150 expected to perish
before the national epidemic winds down in the year 2030. This chilling
information comes from medical experts at the Mt. Sinai Medical Center
in New York City.
  Most statistics about asbestos are based
on the 30 years of study by Irving Selikoff, who was head of the Environmental
Science Laboratory at Mount Sinai. Selikoff was instrumental in exposing
the dangers of asbestos. If Selikoffs projections are correct, the
total number of U.S. deaths from asbestos will equal those of World War
II over 400,000.
  In Hawaii, medical reporting of early
lung-cancer cases did not list the underlying causes, such as asbestos.
Early statistics from the Hawaii Cancer Research Center and the
Hawaii Department of Health do not specifically designate mesothelioma
or asbestosis as a cause of death. Therefore, the number of people in
the state who have fallen victim to this preventable disease is unknown.
  As of 2001, "hundreds" of asbestos
victims have died, attorney Richard DeRobertis said recently in his cluttered,
file-stacked office. DeRobertis, of Galiher DeRobertis Nakamura Ono Takitani,
has worked alongside partner Gary O. Galiher since 1983 on asbestos-related
lawsuits.
  The Galiher firm, handling the vast majority
of asbestos-related cases in the state, has recovered in excess of $100
million for victims and their families over the past 20 years. According
to the firm, in 1982 alone a $12 million aggregate settlement was received
on behalf of 140 asbestos plaintiffs.
  Unlike the yearly remembrances of Pearl
Harbors military heroes, deaths of shipyard workers occurring
one by one over the past 60 years have gone largely unnoticed.
  Tristan Nobriga worked at Pearl Harbor for
28 years on ships, and later on nuclear submarines. With but a fifth-grade
education, Nobriga earned a comfortable living for his family by learning
the electrical trade. He mastered the use of asbestos insulating cloth,
which was wrapped around electrical cables to protect them from heat damage.
  Nobriga and other workers spent 12 hours
a day in asbestos-dust-clouded compartments repairing pipes and bulkheads.
Asbestos was used throughout the lower levels of ships because of its
phenomenal heat-resistant qualities.
  "He used to come home full of asbestos
in his eyes, his hair, his clothes," said Fannie. "I
was afraid I would get it too, after I found out what it was."
  Not until 1964 were warnings placed on a
few specific products. Nor were there warnings about secondhand exposure.
Rose Martin Ledesma of Kauai died in 1998 from the same mesothelioma
form of lung cancer that her husband succumbed to in 1997. She washed
her husbands asbestos-soaked laundry for 33 years during the time
he worked at the Kekaha Sugar Mill on Kauai.
  "Another woman died from the same disease
and the only evidence of exposure was that she hugged her grandfather
every day when he came home from work at one of the sugar mills on Maui,"
DeRobertis said.
Unsung heroes
The vital role of civilian workers at Pearl Harbor is exemplified by the
USS Yorktown saga. The Yorktown was safely at sea on Dec.
7. Five months later, however, the bomb-crippled Yorktown slid into Pearl
Harbor on its 10-mile-long oil slick, fresh from the Battle of the Coral
Sea. One of only three U.S. carriers (compared to 10 Japanese carriers)
in the Pacific, the Yorktown needed major repairs that would keep
her in port an estimated 90 days. Admiral Chester Nimitz had other plans
and ordered Pearls workers and sailors to ready the ship for action
within three days.
  Working around the clock, shipyard workers
completed repairs in just 48 hours.
  At Midway six days later, on June 4, 1942,
bombers from the Yorktown and its sister carrier, the Enterprise,
dove out of the sky and delivered their deadly bombs and torpedoes, which
set off fatal explosions and fires in three Japanese warships, including
the flagship Akagi of Vice Admiral Chuichi Nagumo. It was Nagumo
who, six months earlier, had directed the raid on Pearl Harbor.
  Although rarely acknowledged, Pearls
shipyard workers contributed mightily to the nations decisive, turning-point
battle of the war in the Pacific. The Battle of Midway permanently halted
the eastward advance of the Japanese Empire and extinguished U.S. fears
of Japanese attack-invasion of Hawaii and the West Coast.
Exposing the silent enemy
In 1978, Fannie Nobriga told her husband of 48 years to see a doctor about
the coughing that kept her awake at night.
  "My father got sick, he went surgery,
and the doctor came out to us and explained what my father had,"
said John Nobriga, who worked as an electrician at Pearl Harbor for 32
years until 1991. The doctor told them that Tristan had mesothelioma,
a rare form of incurable cancer caused almost exclusively by asbestos.
John recalled, "These fish hooks get caught in the lungs and build
up fluid and you cant breathe thats what happened to
my father."
  The disease sent Nobriga to the hospital,
where a lung was punctured to drain the fluid. John remembers, "It
looked like wine two, three bottles at a time. Hed come home
for a while, then itd happen again." There was nothing else
the doctors could do for him. At age 69, on Oct. 27, 1979, Nobriga died
of mesothelioma, 28 years after starting his job at Pearl.
  Asbestos causes mesothelioma and also contributes
to other diseases including lung, stomach and gastrointestinal cancers,
according to the latest medical science. Mesotheliomas latency period
is from 20 to 40 years and is usually fatal within one or two years after
diagnosis. "Asbestosis is caused by one thing only breathing
asbestos," states Barry I. Castleman in his 1990 book, Asbestos:
Medical and Legal Aspects. Asbestosis, a debilitating but not necessarily
fatal condition, has a latency period of 15 to 35 years.
  Known as far back as the First century,
the term asbestos comes from the Greek word meaning "inextinguishable."
During World War II, asbestos was considered vital in the construction
boom in the shipyards, where its fireproofing and insulation qualities
reduced shipboard risks created by steam turbines and high-temperature
operations.
  Since 1989, five asbestos-containing products,
including corrugated paper, rollboard, commercial paper, specialty paper
and flooring felt, have been banned by the U.S. Environmental Protection
Agency to reduce unreasonable health risks to the public. The EPA also
forbids the introduction of any new uses for asbestos. The list of products
containing asbestos and still in use includes vinyl floor tile, roofing
felt, vehicle automatic transmission components and disc brake pads.
  The World Trade Center collapse on Sept.
11 created an asbestos-filled dust cloud that hovered for weeks over the
site. The Twin Towers were built in the late 60s and early 70s.
In 1969, as information began to come out on asbestos dangers, the
Twin Towers contractors stopped using the asbestos-containing materials
to fireproof steel beams. In 1971, asbestos was banned in construction
by the city of New York.
  Also in 1971, the Occupational Safety and
Health Act established federal authority over asbestos in the workplace
and developed standards regarding exposure limits, labeling and disposal
of wastes, respirators, showers and work-clothes laundering.
  "Asbestos used to come in bags, and
the dusty bags would be on the docks, and people at lunch hour would sit
on the bags to relax and eat," said John Nobriga. "We werent
told that, for instance, you better put on a tank suit, mask, or nothing."
Like his father, he was unaware of the potential danger.
  Although the link between asbestos and mesothelioma
was made in the 1930s, manufacturers of asbestos-containing products denied
knowledge and responsibility until they were hit with thousands of lawsuits
by workers claiming personal injuries. In August 1982, a full-page statement
appeared in major East Coast newspapers announcing that Johns-Manville,
a top Fortune 500 company with $2 billion in assets, was "overwhelmed
by 16,500 lawsuits related to the health effects of asbestos."
  Johns-Manville estimated the $40,000-per-case
settlement would bankrupt the company and filed a petition for reorganization
and protection under Chapter 11, thereby skirting the potential $2 billion
liability.
The Nobriga case
In 1978, attorney Galiher, fresh out of UH law school, filed the Nobriga
lawsuit the first asbestos-related lawsuit in Hawaii. The
lawsuit was filed against 24 asbestos-related companies, including Raybestos-Manhattan
and Johns-Manville. After meeting with Pearl Harbor workers and researching
Mainland cases, Galiher assumed the challenge of battling some 30 Island
law firms representing the various companies.
  "These people were as honest as the
day is long, and just when they should have been enjoying their retirement
years, the disease was discovered," Galiher said in a recent interview.
"I thought they really got cheated, and I wanted to help them. I
felt good about the merits of the case and had no idea it would turn into
what it turned into." By 1982, Galiher had filed 140 asbestos-related
cases.
  The Nobriga case turned into a major media
event. "Because of the publicity, the case alerted a lot of Pearl
Harbor shipyard workers about the dangers, and it generated more lawsuits
because people realized what defenses were available and that there was
a legal remedy for them," DeRobertis said.
  Nobrigas suit included file documents
from Sumner Simpson, president of Raybestos-Manhattan in the 1930s, that
clearly revealed that asbestos-product manufacturers knew their goods
were dangerous. A letter written in 1935 by a Johns-Manville attorney
to Simpson expressed concern about an asbestos dust-control article being
published in a trade magazine. The letter said: "I agree with you
that our interests are best served by having asbestosis receive the minimum
publicity.
  "Even if we should eventually decide
to raise no objections to the publication of an article.
I think
we should warn the editors to use American data on the subject rather
than English." The American data was less alarming.
  This and other incriminating evidence provided
courts and juries with proof that both Raybestos-Manhattan and Johns-Manville
made deliberate decisions as early as 1941 to withhold information
that may have saved thousands of lives. In fact, records indicate that
as early as 1933, Johns-Manville had quietly paid claims to employees
diagnosed with asbestosis.
  "Johns-Manville engaged in a coverup
greater than anything Richard Nixon or anybody associated with Watergate
ever could have dreamed of," Ronald Motley, a Mainland asbestos litigation
expert, said during a trial in 1981 in Jacksonville, Florida, when he
represented a client diagnosed with asbestosis. Motley was also involved
in the Nobriga case.
  Major asbestos-related corporations provided
"fake studies, suppressed findings, bribed attorneys and failed to
give information," assistant U.S. Attorney Theodore G. Meeker charged
in a recent interview. Meeker worked on asbestos litigation from 1983
until 1987 for the federal government and also served 30 years in the
U.S. Navy as an active-duty and reserve officer.
  "In my opinion, a strong case can be
made that the upper management of the major manufacturers, if they were
still alive, could be charged with mass murder," Meeker said. However,
no criminal charges have ever been filed.
  Galiher and DeRobertis agree with Meekers
assessment of the manufacturers role in the coverup, "Of course,
thats why we were allowed to bring punitive damage claims
because of their conscious indifference to the consequences of
marketing asbestos, knowing it was deadly," DeRobertis said.
  The wave of lawsuits that began on the East
Coast in the 1960s surged west across the country as people learned their
illnesses had a cause: asbestos and its knowing manufacturers. Based largely
on the Simpson documents and the findings published by Selikoff, lawyers
were winning settlements for their clients ranging from thousands to millions
of dollars. Selikoffs epidemiological studies on insulators published
in 1964-65, "are credited even by the asbestos industry with
establishing unequivocally the existence of a cancer hazard from occupational
exposure to asbestos," according to author Castleman.
  Four years after Nobrigas case was
filed, his widow and his six children accepted $564,000 in out-of-court
settlements and $98,000 from two asbestos manufacturers in the trial settlement.
  Galihers firm has filed up to 1,800
asbestos-related cases over the past 20 years. The firm averages "at
least 25 new cases each year, because people continually get diseases
from being exposed 25 to 50 years earlier," DeRobertis said.
  A current case will be presented by Galiher
in May 2002 involving a Pearl Harbor Shop 31 machinist who, over the years,
had repaired brakes on the cranes and winches that lower lifeboats and
heavy equipment off ships. Certain braking materials came in rolls, "and
the workers would have to roll it, drill it, cut it, sand it, during three-to-five
day overhaul projects," Galiher said. "We have good evidence
against the defendant, but they said they never made such a brake. Its
shameless how they lie."
  The machinists fatal diagnosis: mesothelioma.
He died this year at 75.
An empty chair
Two-and-a-half years after mesothelioma claimed her husband, Fannie Nobriga
and her children sat in a First Circuit courtroom in Honolulu listening
to the court proceedings that ensued with their suit and watching the
videotaped testimony her husband recorded before he died.
  "I was operated in July 1978 and spent
six months in and out of the hospital," Nobriga testified to the
camera lens. "Then I was told there was asbestos in my lungs. Ever
since this took effect, I just a rocking-chair boy, thats all I
do." Today Nobrigas koa-wood rocking chair sits empty by the
living room window in Fannies Kaimukï home.
  Fannie gladly sings the praises of her hero
and remembers their last evening together.
  "It was a Saturday night, Oct. 27,
1979, at 5:30 and I was standing by the sink in the kitchen fixing him
crab legs and corn-on-the-cob for dinner," Mrs. Nobriga said. "He
was sitting in his chair watching a UH football game on TV when I heard
him moan, and I ran to him and said Tristan, dont leave me,
Im all alone, and he just went. That was the end."
My
Papas 32-year asbestos encounter
I call him Papa, but actually Clifford Akana is my grandfather. Hes
the Hawaiian namesake half of my hyphenated name.
 Since I was born, Papa has been a beacon
of support. For one thing, Papa made it his duty to lug around a video
camera to preserve forever my hula performances.
 Recently, however, the tables were turned,
and I watched in the audience as Papa took the spotlight. On Nov. 6, he
gave a presentation to three UH-Mänoa journalism students (including
me) on asbestos, a material my class has been studying a substance
Papa knows all too well.
  For the first time, I learned of Papas
encounter with asbestos during the 32 years he worked at the Pearl Harbor
Naval Shipyard and of the dark spot on his lung.
 Papa told us he began his career at Pearl
Harbor at the age of 17. In December 1942, he became a pipe coverer and
insulator. He was to work at the shipyard for the next 31 years.
 Papa remembers clearly his first day on the
job: "The guys were throwing mud at each other," he recalled.
What the workers called "mud" was a mineral named magnesium,
which was processed, mixed with asbestos fibers and water and then shaped
to wrap around boilers, drums and large valves.
 Papa was exposed to asbestos nearly five
days a week for 32 years. His relationship with asbestos was so frequent
and intimate that he took a lunch-break nap on the rolls of asbestos,
completely unaware of its cancer-causing potential. "We didnt
know," Papa said. "We didnt think anything about it."
 "One of the most critical times
as far as air pollution was during the time they called rip-outs,
repairs," he recounted. Then shipyard workers would literally rip
out the insulation from ships that needed repairs, creating massive clouds
of asbestos dust. "It was almost like getting a bag of flour and
just shaking it," Papa said. Everyone aboard the ship was, in some
fashion, exposed to the dust.
 Papa remembered coming home to his wife and
four kids in his Pearl Harbor civilian housing unit, covered with asbestos
dust: "I used to come home white," he told us. " I would
go with blue clothes, come home white. Dust all over. Dust in your fingernails."
Luckily, Papa told Grandma to wash his work clothes separately.
 About 20 years ago, Papa was told by a doctor
that he had a spot on his lung, a direct result of his extensive exposure
to asbestos. About 10 years ago, Papas doctor told him the spot
hadnt spread and that he would be fine. Without the class visit
to provoke him, Papa says the spot might have slipped from his mind completely;
he no longer worried.
 Because of that spot, however, Papa received
settlement money in 1986 and 1987 from several manufacturers of asbestos
products. He was subpoenaed several times in the 1980s to provide critical
information on work conditions at the shipyard, information used in personal-injury
suits filed by asbestos victims. He says hes still getting calls
from Mainland lawyers.
  Papa has outlived some of his co-workers.
Today he is a 77-year-old asbestos survivor. After his presentation to
my classmates and me, Papa scheduled another doctors appointment
to check out that spot on his lung.
Kiele Akana-Gooch
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