Asbestos News Roundup: 8.22.13 – Hurricane Sandy First Responders Tested

August 22nd, 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.

Superstorm Sandy First Responders Screened for Asbestos Respiratory Illness

First responders in the aftermath of Hurricane Sandy’s devastation are being screened for respiratory illnesses resulting from exposure to toxic compounds including asbestos. Hurricane Sandy destroyed or damaged tens of thousands of homes and businesses on the Eastern seaboard when it struck on October 29, 2012. Many of those structures were old enough to contain asbestos, and this poses a significant danger to clean-up and remediation crews, as well as homeowners who may attempt repairs on their own.

According to nj.com, health officials have been warning Toms River residents that even though they were allowed back into their hurricane-damaged homes, it was essential to avoid mold-infested, asbestos-laden and contaminated buildings because of the risk of respiratory problems.

“It’s always in the back of your mind because of 9/11. You just don’t know,” Toms River spokeswoman Debbi Winogracki said of the Mayor Thomas Kelaher’s concerns about breathing problems in the wake of major disasters such as the attack on the World Trade Center.

The US Environmental Protection Agency (EPA) warns that asbestos may be found in a wide variety of construction items, and states that cleanup at homes and businesses after a natural disaster can cause people to be exposed to asbestos containing materials found in:

• Boiler/pipe insulation

• Fireproofing

• Floor tiles

• Roofing shingles and tiles

• Transite boards used in laboratory tabletops and in acoustic panels in auditoriums, music rooms and phone booths.

Asbestos Lawsuits

Charleston, WV: 39 companies have been named as defendants in an asbestos lawsuit filed by the family of recently deceased Danny Ray Kincaid Sr.

Mr. Kincaid Sr. was diagnosed with lung cancer in April 2012, and subsequently died on June 15, 2012, according to the lawsuit.

Jesse E. Kincaid and Mary C. Kincaid allege Danny Kincaid was exposed to asbestos during his employment as a crane operator and dust collector technician from 1973 until 2008. The plaintiffs are suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

The defendants include: A.W. Chesterton Company; Caterpillar Inc.; Certainteed Corporation; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Elkem Chemicals Inc.; Elkem Materials Inc.; and Elkem Metals Company – Alloy LP. Thirty-nine defendants were named in the asbestos lawsuit. (wvrecord.com)

St. Clair County,  IL: A retired railroad employee who has developed throat cancer alleges his illness was caused by his being exposed toxic fumes during nearly four decades of work for Union Pacific Railroad. Timothy Zastava filed a an asbestos lawsuit July 19 naming Union Pacific Railroad Company as the defendant.

In his lawsuit, Zastava claims he worked for Union Pacific Railroad from 1972 through 2010. During that time, according to his lawsuit, he was exposed to second-hand cigarette smoke, diesel exhaust and asbestos. Zastava alleges that long-term exposure led to his diagnosis of esophageal cancer.

Zastava further alleges Union Pacific Railroad was negligent in failing to provide a safe work environment. He contends the railway violated the Federal Employers Liability Act and asks for more than $50,000 in damages for medical expenses and court costs. (madisonrecord.com)

New Orleans, LA: Luby Anthony Baio has filed an asbestos lawsuit against numerous defendants he alleges exposed him to asbestos that result in his developing asbestos-related lung cancer, asbestos mesothelioma.

The named defendants are: Asbestos Corp. Ltd., Taylor-Seidnbach Inc., Eagle Inc., Reily-Benton Co. Inc., Mccarthy Corp., Burnmaster Land and Development Co. LLC, Zurich American Insurance Co., CSR Ltd., Sud-Chemie Inc., Clariant Corp., Gulf Belting & Gasket Co. and Uniroyal Inc.

In his lawsuit, Baio alleges that during his course of working and living on the West Bank, he was exposed to and inhaled significant qualities of asbestos with no knowledge that the asbestos was dangerous.

The defendants, which include mining companies, manufactures, sellers, suppliers and contractors of asbestos products, are accused of distribution and use of products that are unreasonably dangerous, negligence when concerning the safety of individuals and as liable for the Baio’s illness

An unspecified amount in damages is sought for wrongful death, mental and emotional anguish, medical expenses and suffering.(louisianarecord.com)

Asbestos Settlements

Baton Rouge, LA: The Dow Chemical Company was found liable on all counts in a civil lawsuit filed in Louisiana state court relating to its use of asbestos and allegedly causing cancer in its workers. The case was decided by a Plaquemine, Louisiana jury, which awarded $5.95 million in damages.

Dow Chemical’s Louisiana division is headquartered in Plaquemine, LA. The Dow Plaquemine Plant is the largest chemical plant in the petro-chemical industry rich state.

The lawsuit alleged that exposures to asbestos at Dow Chemical caused Sidney Mabile’s terminal asbestos cancer, mesothelioma. Mabile’s attorneys alleged in the lawsuit that Dow has exposed thousands of workers to asbestos, and that Mabile is only one of hundreds of future asbestos cancer victims also exposed at Dow.

Court documents revealed that Dow has continued to use tons of raw asbestos in its chemical manufacturing facilities throughout the world. Internal Dow documents showed that Dow lobbied to oppose the Environmental Protection Agency’s proposed ban of asbestos. Court documents suggested that Dow performed a “cost per cancer” analysis and determined that it would cost Dow over $1.2 billion to switch all of its plants to non-asbestos processing methods.

Dow was successful in lobbying the Environmental Protection Agency to allow Dow to continue using raw asbestos in its United States chemical plants. Dow has continued to fight the ban of asbestos in other countries. The European Trade Union Confederation explains that an “[o]pposition to a blanket asbestos ban now seems to come only from Dow Chemicals.” (heraldonline.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma

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