Addendum: Diary of A Mesothelioma Family's Fight for Justice

Below is the affidavit filed by Dr. Nagasawa in the Tom Hazen lawsuit filed in Los Angeles. Tom and Sandy Hazen were asking the Court to set their case for trial. The California Courts have discretion to set a case for trial within 120 days if a doctor opines that the patient has less than six months to live.

---

Declaration of Dr. Nagasawa, dated November 14, 2000 (Note: Dr. Nagasawa in an earlier affidavit dated October 6, 2000 urge[d] that all steps be taken expeditiously to resolve Mr. Hazen's legal claims within the next 2 to 3 months or less.)

I am Board Certified in Internal Medicine and Oncology. This will update my earlier declaration of October 6, 2000. Mr. Hazen's health has taken a turn for the worse -- he has been today diagnosed with mesothelioma of the peritoneum. He now has mesothelioma tumor in his lung cavity and in his stomach lining. He is not expected to survive 30 days.

1. I am the treating oncologist of Thomas Hazen, the plaintiff in this action. Mr. Hazen is 58 years old. In May 2000, Mr. Hazen was hospitalized at South Coast Medical Center in Laguna Beach with a collapsed lung and pleural effusion. Over the next few weeks, after a pleuracentesis, talc pleurodesis, video-guided bronchoscopy and open lung biopsy, among other tests, Mr. Hazen was diagnosed with malignant mesothelioma. This rare and incurable cancer has a very prognosis that can be measured in months.
   
   
2. I first consulted with the Tom and Sandy Hazen on May 9, 2000. At that time I believed the tumor was Stage IV. It was my opinion at the time that left untreated Mr. Hazen's prognosis could be measured in a few short months. Because of the lack of a protocol using multi-modal treatments for malignant mesothelioma patients locally, Mr. Hazen elected to travel to the Brigham & Women's Hospital in Boston, Massachusetts to seek treatment from Dr. David Sugarbaker.
   
   
3. On June 14, 2000, Dr. Sugarbaker removed Mr. Hazen's right lung and the one to two-inch thick tumor that completely encased it. He also removed portions of the diaphragm and the pericardium (heart sac). Mr. Hazen remained in Boston for approximately three weeks before he was well enough to return home
   
   
4. On August 11, 2000, Mr. Hazen returned to Boston to see Dr. Sugarbaker. Dr. Sugarbaker discovered that he had not removed all of the tumor and was forced to schedule Mr. Hazen for another surgery to remove the mesothelioma tumor that had grown at and around the original incision site. Mr. Hazen is now preparing to undergo an aggressive experimental chemotherapy regimen and radiation therapy. These treatments are considered to be palliative and not curative.
   
   
5. On August 21, I examined Mr. Hazen. At that time, I found that Mr. Hazen was extremely weak and tired easily. He suffered from chest discomfort, shortness of breath, and had a persistent cough. He has lost in excess of 20 pounds since the onset of this illness. He has been taking pain medication on a daily basis. I concluded he would need all of his remaining strength to endure the upcoming round of chemotherapy and radiation. It was my opinion at that time that there was substantial medical doubt that Mr. Hazen would survive 5 months from August 21, 2000 and I urged that the case be resolved within the next 4 to 5 months or less.
   
   
6. Since that date, I have been managing Mr. Hazen's chemotherapy treatment and have been following his health status on a weekly and sometimes daily basis. The tumor does not appear to be responding and Mr. Hazen's condition is worsening.
   
   
7. As of today, November 14, 2000, a biopsy of Mr. Hazen's abdomen has revealed that the mesothelioma tumor has spread to Mr. Hazen's abdomen. He now has mesothelioma of the pleura and of the peritoneum. He is currently hospitalized. He is wasting. (emphasis added)
   
   
8. Mr. Hazen's condition is expected to decline and no cure can be expected. In my opinion, there is substantial medical doubt of his survival beyond 30 days. As Mr. Hazen's condition quickly deteriorates, his ability to participate meaningfully in any lawsuit will become severely compromised. I would urge that all steps be taken expeditiously to resolve Mr. Hazen's legal claims within the next 30 days or less. I have learned that this Court has set this case for trial on January 24, 2001. It is unrealistic to expect Mr. Hazen 's tumor to respect this deadline. I urge the Court to set Mr. Hazen's case for trial urgently. (emphasis added)

Executed on November 14 in Mission Viejo, California.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

L. Stuart Nagasawa, M.D.

---

---

I, Sandy Hazen, declare:

1. My husband is suffering. He has mesothelioma of the right pleural space. In June, Dr. Sugarbaker in Boston removed his right lung and other body parts. He was scheduled to have chemotherapy. Tom's last round of chemotherapy was on October 27th. He has been too ill to continue his treatments.
   
   
2. Tom has been having severe pains in his chest, his stomach and along his incision scars. He has lost over 30 pounds. He has been very nauseous and unable to eat solid food on a regular basis. On November 13 we took Tom to the Emergency Room at a local hospital because we thought he had a hernia. His stomach was swollen, especially around his belly button. He was not eating well at all. The doctors operated and advised us almost immediately that Tom's mesothelioma had spread to his stomach. Tom now has mesothelioma of the stomach linings. The doctors tried to remove the tumors they could see but they advised me that there were many more tumor nodules that they could not remove.
   
   
3. Our oncologist, Dr. Nagasawa, has advised me that my husband has one month to live. He told me that on about November 14, 2000.
   
   
4. Tom is on morphine around the clock. His stomach is grotesquely swollen, yet he cannot eat solid food. Today he tried to eat a piece of toast and almost vomited. He consumes less than 500 calories a day. We need to get his weight back up so that he can resume his chemotherapy treatment. We are trying to cure this tumor. I believe my husband is depressed. My son and I have asked our dearest friends and relatives to call Tom to cheer him. But Tom will not accept any calls, not even from his brother. He lacks the energy and he is withdrawing.
   
   
5. Our bedroom is on the second floor. I will help Tom come downstairs so he can sit in his chair and try to watch TV or read. The other day he vomited while walking up the stairs. Now, he vomits when he is exerting himself, not just after trying to eat. Yesterday he looked at the stairs and vomited while sitting on the couch. I think the fear of struggling to walk up the stairs made him afraid. You have to understand my husband has always been healthy -- he would run in the mornings, play tennis, hike and swim. It's devastating for Tom to know his body is failing.
   
   
6. I was present during the three days of depositions at our house. Tom answered all the questions. Afterwards, he could barely move he was so tired. His last deposition was on August 8, 2000. He also testified in our house on July 10 and July 11. Since then he has lost over 35 pounds, he has trouble walking, his pain has increased, he can't eat and he has little energy. He was supposed to have radiation therapy a few months ago and he was too weak then. Also, he has a tumor in his liver which we cannot even address because of his mesothelioma in his lung and stomach. What's even more disturbing is that I recall on the last deposition my attorney asked if any of the asbestos company lawyers had any more questions and they all looked at each other and declined the invitation to ask more questions.
   
   
7. I believe that if the asbestos companies were allowed to come into my house again, for the fourth time, to cross examine him they would hasten his death.

Executed on November 22 in San Clemente, California.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Sandy Hazen

---

We also presented the Court and the defense lawyers with a letter from the Hazen's pastor, James Glynn:

December 14, 2000

To Whom It May Concern:

This letter is submitted in reference to Tom Hazen. I have been Tom and Sandy's pastor for the last 7 years and I was at the hospital the day the doctor shared Tom's condition with them. I speak with them by phone or visit with them almost every day to help monitor Tom's progress and to provide support and encouragement as needed.

Tom's condition has gone through a definite deterioration over the last several weeks. As a matter of fact the change from last week to this week is rather remarkable. Because of the tumors in his abdomen Tom is in constant pain. While his abdomen is swollen to 2-3 times it's normal size, the rest of Tom's body is going through rapid degeneration. Because he can't eat and can barely tolerate liquids with protein powder, he has lost a tremendous amount of weight which has further weakened him. This week, following his Doctor's recommendations, they have started hospice care. Tom is on oxygen 24 hours a day, and as of Tuesday, December 12, he now spends his days and nights in a hospital bed. Last week, Tom was able to engage in conversation by giving responses in full sentences, this week most replies are one word answers. Due to the morphine for pain and shear exhaustion, he is sleeping more than ever.

Yesterday, Sandy called her son's to tell them to come to the house, not being sure about Tom's immediate future. With this in mind, it is my heartfelt recommendation that Tom not be subjected further depositions. Any remaining emotional and physical energy should be reserved for his wife, his sons and those who are closest to him. Tom has always been a fighter and would certainly want to answer further questions if he were able, however in his present physical condition, it would drain him of his very slim reserves.

If I can answer any questions, or be of any further service please don't hesitate to contact me.

Sincerely,
James G. Glynn
Senior Pastor
Heritage Christian Fellowship
San Clemente, CA

---

Tom Hazen died of metastatic mesothelioma at the age of 58 on December 23, 2000 at his home in San Clemente, California. He did not get his day in court. The death certificate identifies the cause of death as "acute respiratory failure due to metastatic mesothelioma." The asbestos company lawyers are expected to argue that under California law the jury in the wrongful death action cannot award any compensation for the months of pain, agony and torment that Tom suffered.

*** POSTED FEBRUARY 22, 2001 ***