Asbestos News Roundup: 11.28.13 – Hot Air Furnace Asbestos Risk

November 28th, 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.

Hot Air Furnace Asbestos Risk

While it may not officially be winter—it certainly seems as if it is in many parts of North America. Time to turn the heating on. But, if your hot air furnace is old, beware—it could contain asbestos!

While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.

As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it. If you suspect your furnace could contain asbestos, get a professional in to take a look at it.

Asbestos Lawsuits

Galveston, TX: The family of a recently deceased oil refinery worker has filed an asbestos lawsuit naming 12 companies which they allege are responsible for the late John Biondo’s death.

According to court documents, the offspring of the late John Biondo launched the litigation against the defendants, chief among them General Electric Co. and CBS Corp. Biondo was employed at the Texas City Refining Inc. facilities from 1954 to 1994.

According to the original complaint, Biondo was “exposed to asbestos dust and/or fibers” during his course of employment, specifically prior to 1980. “As a result of his exposure to asbestos dust and/or fibers while employed by Texas City Refining Inc. John Biondo contracted asbestos-related mesothelioma which ultimately took his life,” the lawsuit claims.

Biondo’s family claim that there were defects in the design and marketing of “the defendants’ asbestos-containing products and/or machinery at the time they left the possession of the defendants,” insisting the companies had prior knowledge but failed to warn of the hazards. Biondo’s family is seeking unspecified monetary damages. (setexasrecord.com)

Asbestos Settlements

Jefferson County, TX: A settlement has been reached between the family of the late Romeo Vera and Chevron U.S.A. – the company the family Vera’s family alleges was responsible for his asbestos exposure and death.

Gaynell Vera and her three children filed the asbestos lawsuit April 11, 2011, alleging Vera was exposed to asbestos dust and fibers during the course of his employment by Gulf Oil Corp., now owned by Chevron, at its Port Arthur refinery. “As a result of such exposure, Romeo Vera developed an asbestos-related lung disease, for which he died a painful and terrible death on Oct. 26, 2009,” the lawsuit states.

“The defendant knew for decades that asbestos products could cause … cancer and sill allowed employees to work with and around asbestos products in the workplace.” The plaintiffs were suing for exemplary and punitive damages. (setexasrecord.com)

Harrisburgh, PA: A major victory for victims of occupational diseases was recently won in Pennsylvania, in a landmark decision, by the Pennsylvania Supreme Court. The decision reversed a Superior Court decision and recognized an employee’s right to bring a civil action against an employer for a latent occupational disease, such as asbestos mesothelioma.

In Landis v. A.W. Chesterton, et al. and Tooey v. A.K. Steel Corp., plaintiffs developed mesothelioma from years of work-related asbestos exposure. Under prior interpretations of the Workers Compensation Act in Pennsylvania, however, Landis and Tooey were unable to seek workers compensation benefits, or file civil action against their employer, because their mesothelioma did not manifest within 300 weeks of the date of last exposure.

The Pennsylvania Supreme Court ruled that the Act did not apply to latent occupational diseases, or diseases that might take years to develop and be diagnosed, and therefore victims were not prohibited from filing a common law claim against an employer.

In its written opinion, the court stated that interpretations should be “consistent with the humanitarian purposes of the Act,” and “resolve in favor of the employee.”

“It is inconceivable that the legislature, in enacting a statute specifically designed to benefit employees, intended to leave a certain class of employees who have suffered the most serious of work-related injuries without any redress under the Act or at common law,” the court wrote.

John Tooey worked as an industrial salesman from 1964 until 1982 and during his employment sold asbestos containing products, which caused him to be exposed to asbestos dust. In December 2007, Tooey developed mesothelioma and died less than one year later. Spurgeon Landis worked for a manufacturer of welding rods from 1946 until 1992 and, during his employment, he too was exposed to asbestos dust. Mr. Landis was diagnosed with mesothelioma in 2007 and died in 2012. (digitaljournal.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement

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