A roundup of recent asbestos-related news and information that you should be aware of.
Jefferson County, TX: A couple from Orange County have filed an asbestos lawsuit in which they name 46 defendant corporations, alleging that the lung cancer with which Doug York was diagnosed was wrongfully caused. Mr. York was diagnosed with the disease in December 2009.
According to their lawsuit, Doug York worked as a pipefitter for numerous companies from 1972 to 1985. Some of those corporations include Mobil, Olin, Texaco, Fina, Jefferson Chemical, Houston Chemical, Union 76 and Gulf Oil Corp. During his time as a pipefitter, Mr. York claims that not only was he unknowingly exposed to asbestos but also that he was not aware, nor made aware of, the serious health risks associated with asbestos exposure. Further, the suit claims that Mr. York was not supplied with safe working apparel.
The suit also claims that the defending companies failed to take reasonable precaution to enforce a safety plan, failed to develop a substitute material to eliminate asbestos exposure in the workplace and failed to market asbestos products that were safe to use.
The defendants negligently failed to test their products before they were released into the stream of commerce; failed to provide Doug York with a safe workplace; included asbestos in their products when they could have substituted other, safer materials and when they could have reasonably foreseen that Doug York and his coworkers would inhale the asbestos fibers; and failed to recall the asbestos materials, the suit states.
In their suit, the York’s allege that Mr. York suffers physical pain and mental anguish; that he has endured emotional distress; incurred medical costs; suffered physical impairment and partial disability; lost his earning capacity and his earnings; and became prevented from engaging in the benefits of a complete life.
Defending companies named in the complaint include: AMF Inc., Arch Chemicals, Atlantic Richfield Co., B&B Engineering and Supply Co., BP America, BP America Production, BP Corporation North America, BP Products North America, CBS Corp., Certainteed Corp., Chevron Phillips Chemical Co., Chevron Phillips Chemical Holdings, Chevron U.S.A., Conoco Phillips Co., Crest, Crown, Cork and Seal Co., Deltak, Dravo Constructors, E.I. DuPont de Nemours and Co., Entergy Texas, Exxon Mobil Corp., Exxonmobil Oil Corp., Firestone Polymers, Fluor Constructors International, Foster Wheeler Energy Corp., Foster Wheeler North America Corp., Foster USA Corp., Garlock Sealing Technologies Inc., Guardline, Gulf Oil Corp., Gulf States Utilities, Henry Vogt Machine Co., Huntsman Petrochemical, Mid Valley, Oxbow Calcinning, P.D. Glycol, Riley Power Inc., Temple Inland, Texaco Inc., Total Petrochemicals, Union Oil Company of California, Unocal Corp., Velsicol Chemical Corp., Weil-McClain Boiler Co. and 4520 Corp. (SETexas Record)
Kalispell, MT: Researchers who are involved in a five-year study of the ongoing health effects of asbestos exposure in people who lived in and near the infamous asbestos mining town of Libby, MT are looking for anyone who went to high school in the town between 1950 and 1990, then moved away.
The Center for Asbestos Related Disease (CARD) is running the $4.8 million study which will look specifically at the effects of low-level childhood exposure to asbestos. Additionally, researchers plan to compare the effects of the Libby asbestos, known as amphibole asbestos, in former Libby residents and compare it to the effects from other forms of asbestos. Researchers also want to determine what, if any relationship exists between asbestos exposure and autoimmune disorders.
Libby has the unfortunate distinction of being the the deadliest Superfund site in the US. Asbestos-related illnesses from a vermiculite mine, which closed in 1990, has claimed at least 400 lives.
The study is funded by the Agency for Toxic Substances and Disease Registry, a branch of the federal Centers for Disease Control.(greatfallstribune.com)
Montpelier, VT: A flooring contractor in Vermont has agreed to pay $27,500 in fines originating from his alleged violation of the asbestos National Emissions Standards for Hazardous Air Pollutants (ESHAP) regulations.
The contract, who was removing flooring from a local middle school, failed to provide written notice before removing the contaminated tile, and failed to wet down the asbestos while removing the vinyl tile: this is done to reduce the likelihood of asbestos fibers escaping into the air. Further, he reportedly failed to dispose of the asbestos properly.