Asbestos News Roundup: 1.12.12

January 12th, 2012. 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 Lawsuits

Houston, TX: Union Pacific is facing more asbestos lawsuits filed by several trackmen who worked for the company. The trackmen allege that they developed asbestos-related lung diseases as a result of workplace exposure to asbestos-containing products.

Howard Taylor, Will S. Donald, Harrold Gregory, Dale E. Haynes and Rennie L. Hance filed suit. Details of the complaints state that Taylor was employed by Union Pacific from 1968 until 2002, Donald was employed from 1976 to 2002, Gregory was employed from 1978 until 1984, Haynes was employed by Union Pacific from 1980 until 1990 and Hance was employed by the defendant from 1969 until 1998.

The lawsuits claim Union Pacific is negligent under the Federal Employers’ Liability Act for using asbestos-containing materials for decades after becoming aware of hazardous nature of the materials; for failing to inspect equipment for the presence of asbestos-containing material; and for failing to remove asbestos-containing material from its equipment.

The trackmen also claim that Union Pacific is negligent in that it failed to warn them of the presence of asbestos-containing materia; failed to warn of the synergistic effect between smoking and asbestos exposure; failed to properly train employees; failed to provide proper respirators; failed to conduct air monitoring; failed to provide comprehensive asbestos medical examinations; failed to medically monitor the plaintiffs; and finally, that the company violated its own policies regarding the materials.

The plaintiffs are asking for an award of damages for medical expenses, mental anguish, physical pain and suffering, fear of cancer, physical impairment, court costs and interest. (SETexasrecord.com)

Newark, NJ: A civil lawsuit has been filed by the U.S. Department of Environmental Protection against Lovett Contracting of Northeast Philadelphia, alleging that the contractor improperly removed asbestos from a commercial building in Gibbstown.

The lawsuit claims that roughly 3,000 feet of asbestos insulation was removed from above-ground piping and placed onto the ground of a commercial building slated for demolition between January and March of 2007. Lovett Contracting reportedly railed to advise authorities before it began removing the asbestos, and no inspector was onsite for the asbestos removal.

The lawsuit also charges that the company failed to wet the insulation to reduce air pollution during the process and to store it in leak-proof containers, which is required by law.

Lovett is also charged with failing to inspect the building for the presence of asbestos before beginning demolition.

The violations were discovered in a routine inspection by the state in April 2007, according to court papers filed by Assistant U.S. Attorney Peter G. O’Malley.

Lovett could face penalties of $32,500 per day on each count, plus legal fees incurred by the federal attorney, if found guilty. (Courierpostonline.com)

Asbestos Settlements

Dallas, TX: A Dallas County jury recently awarded an $8.4 million verdict to a mesothelioma cancer patient’s widow after finding Ashland, Inc. subsidiary, Hercules, Inc., liable for the patient’s mesothelioma, a deadly cancer of the lining of the lung caused by asbestos exposure. The verdict is believed to be the first asbestos cancer verdict reached against Hercules for exposure at a Dow Chemical refinery and could set a precedent for similar results. The mesothelioma lawsuit was brought on behalf of the late John Gensler, and his widow Martha Gensler.

Hercules has a history of corporate misconduct and environmental contamination, lawyers for the plaintiffs said. Even after the government began requiring warning labels for asbestos-containing products in 1971, Hercules actively chose not to place the asbestos warning labels on its products.

Further, the company insisted on using the most carcinogenic type of asbestos available. While other asbestos pipes contained approximately 3 to 5 percent asbestos, Hercules’ asbestos pipes contained 50 percent asbestos, an amount found to be extremely dangerous to workers and the environment. During the three-week trial the plaintiffs lawyers were able to prove that Hercules knew it was exposing Gensler and other workers to dangerous asbestos pipe products during the late 1960s and early 1970s and did nothing to warn workers. (Businesswire.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, asbestos_mesothelioma, mesothelioma

This was posted on Thursday, January 12th, 2012 at 5:17 pm and is filed under Asbestos Mesothelioma, Emerging Issues . Feel free to respond, or trackback. Read our comments policy.