Asbestos News Roundup: 7.18.13 – Asbestos in Schools

July 18th, 2013. 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 In Schools

Building materials and insulation such as drywall, floor/ceiling tile, applied fireproofing spray, and piping/boiler insulation used in the construction of schools prior to 1980, frequently contained asbestos.

While undisturbed asbestos materials generally do not pose a health risk to students and teachers, over time they can become hazardous due to deterioration or damage.

If asbestos containing materials are disturbed, (e.g. during the installation, maintenance, or removal process), asbestos fibers may become airborne and pose a health threat to students, teachers and other employees within the schools. Once asbestos fibers are inhaled or swallowed, the risk of getting an asbestos related disease, such as asbestosis or mesothelioma, also increases. Student exposure to asbestos in schools is particularly concerning because once the fibers accumulate in the lungs, the latency period between asbestos exposure and the onset of symptoms can take as long as 20 to 50 years.

The federal government has been regulating the use of asbestos in schools since the 1980′s. Schools now have regulatory requirements and management plans to reduce the risk of potential asbestos exposure for students and teachers. However, until the presence of asbestos in schools is eliminated entirely, many believe it will continue to pose a health risk.

Asbestos Lawsuits

St. Clair, IL: An asbestos lawsuit has been filed by Ronald and Linda Ogletree against 29 defendant corporations which, they allege, caused Ronald Ogletree to develop lung cancer.

Ronald Ogletree worked in the US Army from 1963 until 1967, as a mail sorter in the civil service from 1967 until 1970, as a laborer and control room operator at Honeywell from 1970 until 2001 and performed occasional home remodeling repairs. During his work for these organizations, Mr. Ogletree was exposed to asbestos-containing products, which caused his asbestos mesothelioma, the lawsuit states.

The Ogletrees claim the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety. Consequently, and as a result of his asbestos-related diseases, Ronald Ogletree became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, 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.

In their 10-count complaint, the Ogletrees are seeking a judgment of more than $100,000, economic damages of more than $200,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants, plus costs and other relief the court deems just.

Portland, OR: Five construction workers from Lane County have filed an asbestos lawsuit against McKenzie-Willamette Medical Center and a Utah construction contractor, alleging the defendants’ deceitful and irresponsible oversight of a demolition and remodeling job at the Springfield hospital exposed workers to airborne asbestos fibers.

According to the lawsuit, the plaintiffs are seeking up to $10 million as compensation for McKenzie-Willamette’s and Layton Construction’s violations of the federal Employer Liability Law and the Oregon Safe Employment Act.

The contractors allege that in 2012 they were contracted to do demotion and renovation work to the hospital’s second floor and basement. During that time there was improper handling of asbestos. Layton, the general contractor, was hired by McKenzie-Willamette for the project.

Following an in depth investigation, state occupational safety and health regulators earlier this year fined McKenzie-Willamette and Layton to the tune of $25,000 each. The asbestos was in the sealant and tape used in old duct work of the hospital’s HVAC system, the state said.

In their lawsuit, the five workers allege they were exposed to asbestos-contaminated dust generated by the demolition. Because they were unaware of the asbestos, the five “handled the demolition material as if it did not contain asbestos—allowing dust to be freely spread through the work area as well as throughout public areas of the hospital,” the lawsuit states.

Regulators fined McKenzie-Willamette $26,960 for seven violations, including failure to inform custodians, housekeepers, operating staff and other employees working near the construction zone about the presence of asbestos.

Regulators fined Layton—a large national contractor with projects in 17 states—$25,200 for five violations, including failing to inform subcontractors about the asbestos in the second-floor work area and failing to inform subcontractors of asbestos in the basement within 24 hours of discovering it there. According to the state, both firms paid the fines and did not contest them. (registergaurd.com)

Asbestos Settlements

New York, NY: Pfizer Inc, has been ordered by the US Supreme Court to pay more than $960 million in a bankruptcy plan for Quigley, a subsidiary company the drug manufacturer bought in 1968. Quigley has been at the center of numerous asbestos lawsuits over several years.

Quigley made asbestos-containing products from the 1940s until the 1970s, and stopped most of its operations by 1992, according to Bloomberg. It filed for bankruptcy in 2004, at which point it was named as a defendant in approximately 160,000 asbestos lawsuits.

One of the products made by Quigley was an asbestos-containing powdered insulation called Insulag and the packaging contained the Pfizer logo. As a result, many of the asbestos lawsuits naming the drug company as a defendant. Yet, despite the presence of its logo, Pfizer has strenuously maintined that it ever made or sold the products in question.

In addition to the bankruptcy plan payment, Pfizer has paid more than $1 billion in asbestos. (Bloomberg.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma

This was posted on Thursday, July 18th, 2013 at 8:32 pm and is filed under Asbestos Mesothelioma . Feel free to respond, or trackback. Read our comments policy.