Asbestos News Roundup: 3.17.11

March 17th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

St. Clair County, IL: Joan Mozeika of New Jersey has filed an asbestos lawsuit on behalf of her recently deceased next-of-kin, Alexander L. Rossi. In her complaint, Mozeika alleges 36 defendant companies caused Rossi to develop lung cancer resulting from his exposure to asbestos-containing products throughout his career. Rossi worked as a tile setter and brick layer from 1946 until 1980, as a home repairman and remodeler from 1946 until 1980 and as an auto repairman from 1946 until 1980, according to the complaint. Due to Rossi’s death on Nov. 14, 2009, Mozeika lost his society and support and incurred funeral and burial expenses, according to the complaint.

Mozeika is seeking compensatory damages of more than $100,000, a judgment of more than $50,000, economic damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus punitive damages in an amount sufficient to punish Sprinkmann Insulation and Sprinkmann Sons Corporation and to deter them from committing similar actions in the future and other relief the court deems just. (Madisonrecord.com)

St. Clair County, IL: Evelyn L. Thiele of Florida filed an asbestos complaint on behalf of Donald C. Thiele, who died from lung cancer on February 22, 2009. In her complaint Evelyn Thiele alleges 31 defendant companies caused Donald Thiele to develop lung cancer after his exposure to asbestos-containing products throughout his career. According to the suit, Mr.Thiele worked as a tile setter and brick layer for various contractors in Ohio, Illinois and Michigan from 1950 until 1980.

Evelyn Thiele is seeking economic damages of more than $200,000, a judgment of more than $50,000, punitive and exemplary damages of more than $150,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish Sprinkmann Insulation and Sprinkmann Sons Corporation and to deter them from committing similar actions in the future. (Madisonrecord.com)

St. Clair County, IL: In yet another asbestos complaint Brian Belkin of Texas, names 38 defendant companies which, he alleges, caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career. According to his suit, Belkin worked as a machinist mate in the U.S. Navy from 1977 until 1981, as a boiler room maintenance man at Santa Rosa Hospital in the 1980s, as a construction repairman and remodel worker for Fuller Tile Company in the 1980s, as a mechanic at IND-MAR Diesel in the 1980s, as a mechanic at Arlington Salvage and Wrecker in the 1980s, as a control room operator for Lone Star Energy in the 1980s, as a maintenance man at Ramada Inn in the 1980s, as a maintenance mechanic at Hilton Palacio Del Rio from 1985 until 1986, as a home repairman and remodeler from 1976 until 1977 and as an auto repairman from the 1970s until the 1980s.

Belkin is seeking a judgment of more than $100,000, compensatory damages of more than $50,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just. (Madisonrecord.com)

St. Clair County, IL: Marsha K. Ayer of Michigan has named 38 defendant companies in her asbestos lawsuit, which she filed on behalf of her recently deceased next-of-kin, Gary M. Ayer. In her complaint Ayer alleges the companies caused Mr. Ayer to develop lung cancer after his exposure to asbestos-containing products throughout his career.

According to the suit, Mr. Ayer was employed as a line worker and powerhouse engineer at General Motors from 1972 until 2005 and as a home repairman and remodeler from the 1960s until the 1970s. In her suit, Marsha Ayer claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety.

Because of his death on July 28, Marsha Ayer lost his society and support and incurred substantial funeral and burial costs, the suit states. She is seeking punitive and exemplary damages of more than $100,000, compensatory damages of more than $50,000, economic damages of more than $50,000 and a judgment of more than $50,000, plus other relief the court deems just. (Madisonrecord.com)

Asbestos Settlements

Newport, VA: A Newport Circuit Court jury has delivered a $25 million verdict to a former shipyard employee as settlement of his asbestos case. The settlement represents one of the largest jury verdicts ever handed down in Virginia.

The jury awarded 72-year old Bert Minton $12 million in compensatory damages, $12.5 million in punitive damages, and $430,961 in medical bills. The jury awarded interest on the medical bills, bringing the total verdict to $25 million.

Minton worked as a repair supervisor on commercial vessels at the Newport News Shipbuilding between 1966 and 1977, and had previously worked as a ship fitter. During his time at the yard, he worked on 17 Exxon commercial oil tankers.

However, decades later he was diagnosed with mesothelioma which his doctors said he contracted by breathing asbestos fibers while working at the yard. He has a life expectancy of roughly two years and faces a painful death, according to his lawyer.  (newportnews.com)

Dallas, TX: A $9 million asbestos cancer verdict has been awarded to the family of the late Robert Henderson, who died from asbestos mesothelioma as a result of asbestos exposure. Mr. Henderson spent much of his career working around asbestos-containing products.

Henderson worked at Dow Chemical as a contract employee, where he was exposed as a bystander to Dow insulators, which contained asbestos. Dow Chemical is one of the largest chemical manufacturing plants in the world, and employs thousands of people who may have been exposed to asbestos in the air as bystanders. In 1968, Dow Chemical wrote, ‘any death due to mesothelioma would be considered due to asbestos exposure.’

Henderson is survived by his wife Tanya Henderson and daughters Adrienna and Za’Quoia. (Businesswire.com)

Asbestos Law

Corvallis, OR: Hewlett-Packard has been fined by the Oregon Department for Environmental Quality (DEQ), for allowing an unlicensed contractor to remove asbestos from one of its Corvallis buildings.

DEQ says HP allowed a flooring contractor to start removing carpet last summer, however during that process the flooring company’s employees broke apart vinyl floor tile, which likely released asbestos.

HP did not appeal the penalty and now owes $9,600 to DEQ. DEQ also cited HP for openly accumulating the asbestos-containing waste material from the carpet removal project. (KEZI.com) 

$90 Million Asbestos Verdict Controversy – Defendants to Appeal Punitive Damages

Washington, DC: On March 11, a jury awarded $90 million in an asbestos case filed in McLean County, IL. It is believed to be the second largest asbestos verdict handed down in the county’s history.

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, issued the following statement regarding the $90 million asbestos on March 11, 2011:

“A jury’s decision in a McLean County, Illinois asbestos case has resulted in a $90 million judgment, believed to be the second highest verdict ever in a mesothelioma case.

“Owens-Illinois was assessed $40 million in punitive damages and Honeywell International Inc. and Pneumo Abex were assessed $20 million each, even though there were no allegations by the plaintiff [Charles Gillenwater] in the case that he ever worked for, or was exposed to any asbestos-containing materials made by the three companies.

“Instead, the plaintiff had claimed the three companies conspired to conceal information about the health risks of asbestos from their employees, customers and others, a claim the companies vehemently deny and say was not supported by evidence presented at trial.

“This runaway verdict against companies that even the plaintiff admitted did not expose him to asbestos, is the result of the trial court’s utter failure to follow the rule of law and controlling precedent.”

The jury also awarded $9.6 million in compensatory damages. Owens-Illinois Inc, has issued a statement warning that it plans to appeal the $40 million in punitive damages stating that it “did not conspire with anyone concerning asbestos health hazards, continues to deny these conspiracy claims, and will challenge this verdict, if necessary, in the Illinois Appellate Courts.”

Morris Township, N.J.-based Honeywell said it also intends to appeal the award.

(PRNewswire.com and Business insurance.com)

 

Tags: Asbestos, Asbestos Mesothelioma

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