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.
Many workplaces in the US are now considered to have put workers at high-risk for asbestos exposure—decades ago. These include: US Navy, oil refineries, shipyards, chemical manufacturing facilities, aerospace manufacturing facilities, mines, smelters, coal fired power plants, construction work sites, auto repair shops, plumbers, welders, electricians, and most manufacturing, or industrial plants that were operating in the 1950s, 1960s, 1970s, or 1980s.
Sadly, many individuals who served in the US Navy, worked at a power plant, an oil refinery, or a shipyard decades ago are now being diagnosed with asbestos disease—the average age of diagnosis of asbestos mesothelioma is 72 years, according to the Centers for Disease Control, (CDC).
Although strict regulations about the use of asbestos have been put in place, the potential for asbestos exposure remains. In 2009, the CDC reported:
“Although asbestos has been eliminated in the manufacture of many products, it is still being imported (approximately 1,730 metric tons in 2007) and used in the United States in various construction and transportation products. Ensuring a future decrease in mesothelioma mortality requires meticulous control of exposures to asbestos and other materials that might cause mesothelioma. Recent studies suggest that carbon nanotubes (fiber-shaped nanoparticles), which are increasingly being used in manufacturing, might share the carcinogenic mechanism postulated for asbestos and induce mesothelioma, underscoring the need for documentation of occupational history in future cases.” The full report can be accessed at the CDC’s webpage.
Madison County, IL: Lavail Gulledge filed an asbestos lawsuit against 68 defendant corporations on behalf of her father, Bobby Gulledge. Lavail Gulledge alleges in her lawsuit, that the defendant companies caused her father to develop lung cancer due to his exposure to asbestos-containing products throughout his career. Mr. Gulledge died of asbestos disease on August 4, 2012.
Bobby Gulledge worked as a boiler tender in the US Navy from 1955 until 1958, as a self-employed mechanic from 1958 until 1975, as a pipefitter at Ingall’s Shipyard from 1975 until 1979 and from 1985 until 2001, as a pipefitter at BAE Systems Shipyard from 1979 until 1980, as a pipefitter at Avondale Shipyard from 1980 until 1983 and as a self-employed roofer from 1983 until 1984.
Lavail Gulledge claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her father’s safety.
Further, Ms. Gulledge alleges that as a result of his asbestos-related disease, her father became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Mr. Gulledge was therefore prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.
Lavail Gulledge is seeking economic damages of more than $200,000, a judgment of more than $100,000, punitive and exemplary damages, compensatory damages of more than $100,000 and other relief the court deems just. (madisonrecord.com)
Madison County, IL: Colin Crumpton has filed an asbestos lawsuit naming 75 defendant corporations. In his complaint, Crumpton alleges the defendant companies caused him to develop lung cancer as a result of exposing him to asbestos-containing products throughout his career.
Crumpton worked as an electrician aboard the USS Stribling-DD867 from 1962 until 1964, as an electrician at Georgia Power Harllee from 1964 until 1965, as an electrician at Brosman Yard Rail Road from 1964 until 1966, as an electrician at Sinclair Office Building in 1967, as an electrician at Georgia Kraft in 1968 and as an electrician at Pabst Blue Ribbon Refinery from 1968 until 1970, according to the complaint.
As a result of his asbestos-related diseases, Mr. Crumpton became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.
In his 11-count complaint, Crumpton is seeking a judgment of more than $200,000, economic damages of more than $150,000, compensatory damages of more than $50,000, punitive and exemplary damages of more than $100,000 and other relief the court deems just.
New Orleans, LA: An asbestos lawsuit has been filed by Merlin P. Landry, against 31 defendant companies. In his asbestos complain Landry state he developed asbestos mesothelioma as a result of living in close proximity to asbestos manufacturing plants and from exposure through his father.
According to the complaint, Landry was exposed to hazardous levels of asbestos from three sources: living in proximity to asbestos manufacturing plants and scrap metal depositories from 1949 to the 1960s and from fibrous asbestos brought home by his father, who was employed as a draftsman at Avondale Shipyard and Walk Haydel Inc.
In the complaint, the defendants are accused of strict liability for mining, manufacturing, selling, supplying, distributing, and using inherently dangerous, hazardous product, for failing to report, design, safety instructions, and warn, for the defective composition of their products, failure to recall defective products, and for defective packaging. Employers are accused of creating an unsafe work environment, omitting critical medical and safety information from the plaintiff’s father, and failing to supervise or monitor the situation.
Landry is seeking an undisclosed amount for medical costs and expenses, lost earnings, mental suffering, anguish, and pain, physical pain and suffering, loss of quality of life and disability.
Landry names 31 defendant companies including those classified as miners/manufacturers/sellers/distributors/contractors, specifically: ANCO Insulations Inc., Asbestos Corporation Ltd., Zurich American Insurance Co., Burmaster Land & Development Co. LLC, Eagle Inc., Hopeman Brothers Inc., International Paper Co., Liberty Mutual Insurance Co., McCarty Corp., Owens Illinois Inc., Metropolitan Life Insurance Co., Reilly-Benton Co., Taylor-Seidenbach Inc., Uniroyal Inc. and Viacom Inc.
Employer/premise owner/executive officer defendants are Avondale Industries, OneBeacon Insurance Co., Union Carbide Corp., Murphy Oil USA, Chevron USA Inc., Shell Oil Co., Shell Chemical, Pharmacia Corp., URS Corp., Wyeth Holding Corp. and ExxonMobil.
Insurance defendants are Maryland Casualty Co., Continental Insurance Co., Federal Insurance Co., Travelers Casualty & Surety Co. and Insurance Company of North America.