Asbestos News Roundup: 4.22.10

April 22nd, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Lawsuits

Huntington, WV:  A man from Point Pleasant has filed an asbestos lawsuit against his employer, alleging that during his work on the Motor Vessel Leila Shearer he was exposed to asbestos fibers.

The ship, owned by defendant Campbell Transportation Company, was temporarily taken out of service for asbestos abatement in 2008. However, prior to that, Martin Woodall claims he suffered from lung dysfunction, and that his lung dysfunction and other problems are due to his exposure to asbestos fibers on the ship.

Woodall claims in his suit that “he became sick, sore, lame and disordered; lost wages and his earning capacity; experienced pain and suffering; incurred substantial medical costs; and sustained disability because of his asbestos exposure.” Mr. Woodall is seeking compensatory damages, plus attorneys’ fees and other costs. (WV Record)

Madison County, IL: A couple from Massachusetts have filed an asbestos lawsuit against 45 defendant companies and the US Navy, alleging that the husband, Mr. Ronald A. Nichols, developed asbestos mesothelioma as a result of exposure to asbestos-containing products throughout his working life.

Mr. Nichols worked at the basic training electrician’s mate school for the U.S. Navy in 1957; worked as a machinist mate on the USS Hailey from 1957 until 1959; worked as an assistant parts manager at McKulkin Chevrolet from 1959 until 1960; worked as an operator, laborer, boiler and furnace worker at Gas Service Inc. from 1960 until 1987; performed home remodeling from 1965 until 1967; and worked as a shadetree mechanic from the 1950s until the 1960s, according to the complaint.

The complaint alleges that the defendant companies should have been aware of the detrimental health effects associated with asbestos exposure. Furthermore, they failed to exercise reasonable care and caution for Mr. Nichol’s safety. Consequently, Mr. Nichols developed asbestos-related cancer and became disabled and disfigured, suffered great physical pain and mental anguish, and incurred substantial medical costs.

Asbestos Settlements

Dallas, TX: A jury has awarded roughly $11 million to a Dallas family in settlement of their asbestos lawsuit. The suit was brought on behalf of mesothelioma patient and career painter Vernon Walker and wife Patsy Walker, after Mr. Walker was diagnosed with asbestos mesothelioma allegedly resulting from his exposure to asbestos during his working life.

Mr. Walker, 67, worked as a union painter early on, and as a painter he worked in the construction of skyscrapers, strip malls and homes. Through his work, he came in contact with numerous asbestos containing painting products, including texturing paints, block fillers and drywall compounds, some of which were banned by the Consumer Products Safety Commission (CPSC) in 1978 as being “unreasonably dangerous” and likely to cause cancers such as mesothelioma in users.

While the CPSC advised the asbestos industry that use of these products as little as four times would result in thousands of excess cancers, commercial painters like Mr. Walker worked with the contaminated products most work days before the products were banned.

The jury apportioned 40 percent of the blame to asbestos mining company Union Carbide Corporation, and the remaining liability to product manufacturers Kelly Moore, Georgia-Pacific and Bondex. Many of the manufacturers chose to settle before or during trial. Bondex was the only remaining defendant at the time of the verdict.  (simplelegaldocs.com)

Asbestos Hot Spots

El Dorado Hills, CA: Despite the known risks for serious and fatal illness resulting from asbestos exposure, the Centers for Disease Control (CDC) have stated that the asbestos levels in the Eldorado Hills area of California are not high enough to warrant an in depth health study.

The CDC released their decision in March and has residents worried as the area is under development, specifically, the area known as Oak Ridge in the El Dorado Hills, which is known to contain very toxic forms of asbestos.

Additionally, a 2004 report on air sampling from the area by the US Environmental Protection Agency (EPA) found that people who do outdoor recreational activities in the area may be exposed to high levels of airborne asbestos fibers.

Tags: Asbestos, Asbestos Mesothelioma

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