Asbestos News Roundup: 6.20.13 – Are You at Risk for Asbestos Exposure?
June 20th, 2013. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos Exposure—Who’s at Risk?
A $7.5 million asbestos lawsuit settlement was recently awarded to construction worker who developed a highly aggressive cancer after his exposure to asbestos. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.
But construction workers aren’t the only people at high risk for asbestos disease. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:
• Brake repair mechanic
• Carpenter
• Demolition worker
• Dry wall finisher
• Electrician
• Insulation installer
• Miner
• Pipe or steam fitter
• Plumber
• Roofer
• Shipyard worker
• Vermiculite processing plant worker
• Welder
The ATSDR also states that outdoor workers, such as construction workers, landscapers, and excavators might be exposed to naturally occurring asbestos found above the ground through activities that crush asbestos-containing rock or stir up dust in soils that contain asbestos.
Asbestos Lawsuits
Gretna, LA: Julie Lavigne, the ex-wife of the late Michael Kenneth Lavigne, has filed an asbestos lawsuit against Shell Oil Company, Shell Chemical, Shell Chemical Company, Kellogg Brown & Root Inc., Brown & Root Inc., Lenny’s Plumbing Inc. and American Do All Corporation. The lawsuit contends that the companies exposed her ex-husband to asbestos through the course of his work for them, and as a result, she was secondarily exposed to asbestos, which resulted in her diagnosis of lung cancer. On August 6, 2012, Julie Lavigne was diagnosed with mesothelioma, a type of lung cancer caused by asbestos exposure.
According to the lawsuit, Lavigne shared a home with Michael Kenneth Lavigne from 1990 until 2008. During that time he worked for Kellog Brown & Root Inc., Shell Oil Company and Shell Chemical that included removing pipes and insulation, repairing old pipes that were insulated with asbestos and the handling and removal of the asbestos insulation itself.
The defendants are accused of failing to warn employees regarding the health hazards associated with asbestos exposure, failing to warn their employees against bringing asbestos-contaminated clothes home for laundering, failing to provide special work clothes which could be removed at the end of the work day, and not require home laundering, failing to provide showers at the workplace to enable employees to clean off asbestos dust and fibers before returning home, failing to advise employees that asbestos was an extremely dangerous substance, failing to implement adequate engineering controls to eliminate or substantially reduce their employee’s exposure to asbestos, failing to use asbestos-free insulation and other building products and failing to totally isolate and work activity to prevent asbestos exposure.
An unspecified amount in damages is sought for physical pain and suffering, mental pain and suffering, emotional distress, fear of dying, loss of enjoyment of life, medical expenses, disfigurement, embarrassment, physical impairment, loss of wage compensation, loss of fringe benefits, lost earning capacity, physical disability, mental disability, emotional and psychological anguish and distress, expert expenses, litigation costs, medical costs, loss of society, wrongful death and survival. (louisianarecord.com)
Charleston, WV: The Newsomes, from Jackson, Ohio, are suing 42 companies they allege responsible for a lung injury diagnosis. Ronald Newsome was diagnosed with asbestosis and pleural plaques on September 10, 2012.
According to their lawsuit, Mr. Newsome was exposed to asbestos and/or asbestos-containing products during his employment as a mixer, laborer and other various trades from 1958 until 1992.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
Certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 42 defendants include 3M Company; A.W. Chesterton Company; Brand Insulations Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; Copes-Vulcan Inc.; Crane Company; and Crown, Cork & Seal USA Inc.(wvrecord.com)
Asbestos Settlements
Jefferson County, TX: The children of the late Barney Tarver have settled their suit against Chevron USA and Union Oil of California, which alleged the companies negligently exposed their father to asbestos throughout his career. No details of the settlement have been made public.
The lawsuit, filed on behalf of Mr. Tarver’s estate on March 6, 2012, alleged that Barney Tarver was employed at the Gulf Oil Refinery in Jefferson County, where he was exposed to asbestos dust and fibers. As a result of his asbestos exposure, Tarver developed mesothelioma and died on January 27, 2012.
The lawsuit accused the defendants of negligently failing to warn workers of the dangers of asbestos. The plaintiffs were suing for punitive and exemplary damages. (setexasrecord.com)
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I just settled a wrongful death lawsuit from asbestos and got $25 thousand which was split between all 6 siblings and we all got 4 thousand for the murder of our dad. What is wrong here. People of Libby Mt continue to get screwed while the lawyers are making a killing off of the killing of us. This is so unfair and wrong.
When I was a security guard for Bechtel Engineering at 50 Beale Street in San Francisco on the 1980s I was required to patrol on a nightly basis different floors inside the Building that was being cleaned up of Asbestos the building had 24 floors I was the Grave yard Shift Supervisor American Pinkerton Security who held the contract for the Bechtel Engineering Corp at that time. Since I was the Supervisor of the shift only me and my Rover guard was allowed to move from station to different station of stationary guards assigned during the graveyard shift night after night I was supposed to patrol the floors where they were cleaning up the Asbestos from the building and they were required to do the clean up at the late night shift. Part of my duties was to check on the working crew to make sure that they stay just within the floors that they were cleaning up and I was also suppose to make sure that those floors that clean up was working remains secure and non of the computers, and other engineering designs doesn't get stolen or touched by the clean up crew for the Asbestos clean up. for the whole building. I would walk in those floors without no protective gears with just a handkerchief in my hand to protect me from the Asbestos dust that was flying all over the place where they getting the layers of Asbestos that were still used for the design of the building when Asbestos was the well known protection to prevent office fires when the 50 BEALE BUILDING was the BECHTEL MAIN HEAD QUARTERS in San Francisco. I would fearlessly walk in the floors where the clean up crew were working the crew would wear all these protective gears like special suits and mask and goggles to protect them from the Asbestos dust floating all over the floors they were cleaning up and I wasn't provided any protective gears, suits, rubber gloves or goggles but I was still instructed to patrol those floors night after night floor after floor until the 24 floors stories clean up was completed this clean up project went on for a good three months.
I remember that when ever I would get home I would see this glass like crystal substance that were all over my uniform night after night the same substance would be in my skin when I would take showers because it would be so itchy I can see tis substance sparkling all over my body. I didn't realize the dangers of Asbestos then in the 1980s well we knew that it could cause cancer but I thought that it was only long term exposures that would be dangerous. I didn't think that breathing in the Asbestos flakes from the clean up of the building night after night as I was required to patrol those floors could have any damaging effects on my lungs. I never knew of the damaging effects of the Asbestos flakes that would get in my lungs as I would breath in the air that was contaminated with Asbestos could have a long term damaging effects in my lungs as I fearlessly patrolled those floors night after night for those three months that they cleaned up the Asbestos the 50 Beale Street building of the BECHTEL MAIN OFFICE IN SAN FRANCISCO. We were never given any special gears for protection in fact we were never even warned of the dangers of Asbestos although we were instructed on how to make sure that the security of the building remains stable as the clean up crew of the Asbestos goes in and out of the building. Now I have really bad symptoms of Emphysema, I have symptoms skin lesions in my private parts that was diagnosed as pre-cancer I have to go for the burning of these lesions to a displysia clinicevery six months for the fear of the doctors that the lesions could spread deep inside my private crevices and even up my anus. It never dawned on me that these things that I have been suffering could have been caused by the three months that I was required to patrol those floors in 50 Beale Street building when they were performing the Asbestos clean up of that building in the 1980s. Is it possible that my sufferings were due to the Asbestos exposure night after night in the span of at least three months. Do I even have a possible case to file a lawsuit against either the American Pinkerton Security firm or better yet the BECHTEL CORPORATION OFFICE IN SAN FRANCISCO?