Asbestos News Roundup: 6.30.11

June 30th, 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 

Houston, TX: An asbestos lawsuit has been filed by the estate of Milan Arthur Barackman by Michael Grant Mason. Mason filed the lawsuit thirty years after Barackman was exposed to asbestos on a United States Navy vessel. The lawsuit claims that Barackman was exposed to the material during the late 1960s and early 1970s and that he inhaled asbestos during these years, later resulting in his developing asbestos mesothelioma.

The estate of Barackman has filed a wrongful death suit against Foster Wheeler, Owens-Illinois Inc., General Electric Co., Uniroyal Inc., Riley Power Inc., Rapid American Corp. and Viacom Inc. with U.S. District Judge Jay C. Zainey presiding over Case No. 2:11-cv-01309. The lawsuit claims that Barackman’s diagnoses with asbestos mesothelioma last year was a direct result of asbestos exposure.

Plaintiffs in the case argue that the defendants were allegedly manufacturing a dangerous product and yet gave no warning to Barackman or others of the dangers of being exposed to asbestos. This is not a single case. There are literally thousands of people suffering with this disease and more being diagnosed every day. Those who are diagnosed undergo asbestos mesothelioma treatment which can be very expensive. Due to the fact that exposure to this dangerous product causes the disease, many seek compensation to pay for treatment of asbestos mesothelioma as well as general pain and suffering.(SFGate.com/PRWeb.com)

Jefferson County, TX: The wife of the late Homer Fitts, who recently died from lung cancer, has filed a lawsuit against Texaco and Chevron USA, alleging the companies negligently exposed Mr. Fitts to asbestos throughout his career.

Eunice Fitts filed the lawsuit on behalf of her late husband, alleging that while Homer  was employed by Texaco at its Port Arthur refinery, he was exposed to asbestos dust and asbestos fibers. Mr. Fitt worked as a pipefitter and painter. “As a result of such exposure, Homer Fitts developed an asbestos-related disease, asbestosis and lung cancer, for which he died a painful and terrible death on March 10, 2010,” the lawsuit states.

The lawsuit alleges the defendants knew of the hazards of asbestos and still allowed their employees to work with asbestos products in the workplace. (SETexasrecord.com)

Charleston, WV:  Sixty-five companies have been named as defendants in an asbestos lawsuit filed by a couple in Belmont. The lawsuit alleges asbestos exposure resulting in a diagnosis for Mr. Jack Landis Tawney. Mr. Tawney was diagnosed with asbestosis on June 16, 2009 according to the lawsuit.

Mr. Tawney claims that it was his exposure to carcinogenic asbestos and/or asbestos-containing products during his employment with Union Carbide, from 1952 until 1985, that resulted in his diagnosis.

The defendants are being sued upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit. Tawney and his wife, Frances E. Tawney, are seeking a jury trial to resolve all issues.

The 65 companies named as defendants in the asbestos lawsuit are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations, Inc.; Buffalo Pumps, Inc.; BW IP, Inc.; Carrier Inc.; Carrier Corporation; Certainteed Corporation; Chicago Pump Company; Cleaver-Brooks Company, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Dezurik, Inc.; Dow Chemical Company; Durabla Manufacturing Company; Eaton Corporation; Elliott Turbo Machinery Company, Inc.; Flowserve US, Inc. f/k/a Flowserve FSD Corporation f/k/a Durametallic Corp.; Flowserve US, Inc. f/k/a Durco International, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company, Inc.; General Refractories Company; Georgia Pacific Corporation; Goulds Pumps, Inc.; Grinnell Corporation; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Met-Pro Corporation; Metropolitan Life Insurance Company; Mueller Steam Specialty; Nagle Pumps; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Peerless Pumps; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automation, Inc.; Roper Pump Company; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sundyne Corporation; Superior Welding Company; Taco, Inc.; Tasco Insulations, Inc.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Weil-McLain Company; West Virginia Electric Supply; Yarway Corporation; and Zurn Industries, Inc. (WVRecord.com)

Asbestos Settlement

New York, NY: A jury hearing two consolidated asbestos lawsuits brought by the families of two former employees of Goodyear, has awarded $22 million to the plaintiffs’ families.

Eugene “Mac” McCarthy and Walter Koczur, who both died of asbestos-related lung cancer in 1998, reportedly worked for Goodyear during the 1960s and 1970s. Mr. McCarthy as a heavy equipment engineer and Mr. Koczur was employed as a steamfitter. Their respective lawsuits allege that the men were exposed to Goodyear’s asbestos-containing gaskets through the course of their work, and were subsequently diagnosed with lung cancer years later.

The lawsuits were originally filed in 1998, against the Goodyear Tire and Rubber Company and Goodyear Canada. On June 21, 2011, following a 5-week trial being heard in New York State Supreme Court, the jury determined that the asbestos-laden sheet gasket material manufactured by Goodyear during the 1960s and 1970s was partially to blame for the men’s asbestos disease.

In Mr. McCarthy’s case, his family was awarded $8.5 million for main and suffering. They found The Goodyear Tire and Rubber Company to be only 7% responsible and Goodyear Canada 5% responsible for his lung cancer.

With respect to Mr. Koczur’s case, the jury awarded his family $13.5 million for pain, suffering, and loss of consortium. The jury found The Goodyear Tire and Rubber Company to be 27% responsible for his lung cancer and Goodyear Canada to be 18% responsible. (Europeanrubberjournal.com)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma

This was posted on Thursday, June 30th, 2011 at 2:53 pm and is filed under Asbestos Mesothelioma . Feel free to respond, or trackback. Read our comments policy.