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Asbestos News Roundup: 2.6.14 – Navy Vets & Asbestos

February 6th, 2014. 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.

Navy Veterans at Risk for Asbestos

US Navy Veterans are at a particularly high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits. But because asbestos-related disease can take up to 30 years or more to manifest, it is often detected long after men have left the Navy.

The states with the most US Navy Veterans include California, Florida, New York, Texas, Ohio, Michigan, Arizona, Massachusetts, Washington, Maine, Oregon, Arizona, Illinois, Wisconsin, Iowa, Pennsylvania, Montana, Kansas, North Dakota, Hawaii, Nebraska, and Mississippi.

US Navy Veterans are not the only group of workers at high risk for asbestos exposure. Men and women who worked in power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops may also have been exposed to high levels of asbestos.

Asbestos Lawsuit

Edwardsville, IL: John Reidy, a plumber from Florida, and his wife, have filed an asbestos lawsuit alleging negligence, willful and wanton conduct, failure to warn, and negligent spoliation of evidence, on the part of the defendants.

John Reidy began his career as a plumber and boiler tender while serving in the U.S. Navy in 1951, the lawsuit states. After leaving the military, Reidy continued in the plumbing industry, working for various employers until 1996. During the course of his career, he installed and maintained furnaces, boilers and cement pipe, and it was through this work, the lawsuit claims, that Reidy was exposed to and inhaled asbestos fibers. He now has asbestos mesothelioma.

The lawsuit contends that the defendants should have known of the presence of asbestos and dangers involved in working with the asbestos-containing products. Further, the lawsuit alleges that John Reidy developed mesothelioma as a direct result of working with those toxic asbestos-containing products, “which has disabled and disfigured him.”

The plaintiffs further claim allege that the defendants at one point held documents and information relating to identification of asbestos-containing products, locations where those products were sold, identity of manufacturers and knowledge regarding the hazards of asbestos. However, the whereabouts of those documents are now unknown.

“It was foreseeable to a reasonable person/entity in the respective positions of defendants that said documents and information constituted evidence, which was material to potential civil litigation, namely asbestos litigation,” the lawsuit states. The lawsuit had originally named 40 defendants, however the list has dwindled to a handful of names including Crane Co., Bryant Heating & Cooling, Carrier Corporation, Burnham LLC and Nibco, Inc. (legalnewsline.com)

Asbestos Settlement

New York, NY: Bubblewrap manufacturer, Sealed Air Corp., has paid $930 million in cash into a trust for asbestos victims, the company said in a statement this week. The payment resolves a claim that arose after Sealed Air bought a business from W.R. Grace & Co., which filed for bankruptcy after facing millions of dollars in asbestos claims.

W.R. Grace, manufacturer of Zonolite Insulation which contains vermiculite asbestos, and former owner of an asbestos mine in Libby Montana, emerged from bankruptcy this week after nearly 13 years, which cleared the way for Sealed Air to pay the settlement.

Sealed Air also paid 18 million shares of Sealed Air common stock, with a value of more than $540 million, based on current share values.

The claims against Sealed Air arose after its 1998 purchase of Cryovac, a flexible packaging business, from W.R. Grace. Some plaintiffs accused W.R. Grace of fraudulently transferring assets to Sealed Air “to the detriment of creditors holding asbestos claims against Grace.”

In 2002, Sealed Air agreed to pay $512 million to settle the claims, but that agreement was held up by 13 years of litigation over the W.R. Grace bankruptcy, and is believed to be the longest-running bankruptcy in U.S. history.

Sealed Air’s payment grew to $930 million because of interest. The total value of the W.R. Grace-related asbestos trusts, which will be used to pay people injured by asbestos, is almost $4 billion. (northjersey.com)

Libby, MT: U.S. Sen. Max Baucus announced this week that a pilot program that provides medical and other services to victims of asbestos exposure will be expanded to include 18 additional counties in Montana, Idaho and Washington.

The program offers home assistance, mileage reimbursements for medical travel and other benefits to people with asbestos-related diseases that have been linked to a closed W.R. Grace, Inc. vermiculite mine in Libby.

Previously, the program had been available only to people in Lincoln and Flathead counties when it was established under the Affordable Care Act. Baucus says it will help people who moved away from Libby. (claimsjournal.com)

Libby MT: The cost of cleaning up 39 asbestos-contaminated sites in 21 states has cost W.R. Grace & Co. more than $63 million, which it paid to the government this week. The payment is part of WR Grace’s bankruptcy reorganization plan, put into place after the firm and 61 affiliates also filed for bankruptcy in April 2001.

The Environmental Protection Agency sued W.R. Grace in 2003, seeking reimbursement for the costs of cleaning up asbestos and other pollution caused by the company. According to statements released by the Justice Department, about $54 million of the $63 million went to the EPA and $9 million to other federal agencies.

“Cleaning up toxic pollution in communities is the responsibility of the company that created it, not the American taxpayer,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. In 2008, W.R. Grace paid the EPA $250 million to settle claims that it contaminated the small and now infamous town of Libby, Montana, with asbestos.

According to the Justice Department , the $54 million payment to the EPA will reimburse the agency for cleanup costs associated with the following Superfund sites: Acton Plant in Acton, Mass.; Amber Oil in Milwaukee; Aqua Tech in Greer, S.C.; Big Tex Site in San Antonio, Texas; Blackburn and Union Privileges in Walpole, Mass.; Cambridge Plant in Cambridge, Mass.; Casmalia Resources in Santa Barbara, Calif.; Central Chemical in Hagerstown, Md.; Galaxy/Spectron in Elkton, Md.; Green River in Maceo, Ky.; Harrington Tools in Glendale, Calif.; Intermountain Insulation in Salt Lake City; IWI Site in Summit, Ill.; Li Tungsten in Glen Cove, N.Y.; Malone Services Co. in Texas County, Texas; Massachusetts Military Reservation in Barnstable County, Mass.; N-Forcer Site in Dearborn, Mich.; Operating Industries Inc. in Monterey Park, Calif.; R & H Oil/Tropicana in San Antonio; RAMP Industries in Denver; Reclamation Oil in Detroit; Robinson Insulation in Minot, N.D.; Solvents Recovery Service of NE in Southington, Conn.; Vermiculite Exfoliation Site in Nashville; Vermiculite Expansion Site in High Point, N.C.; Vermiculite Intermountain in Salt Lake City; Vermiculite Northwest in Spokane, Wash.; Watson Johnson LF in Richland Township, Pa.; Wells G & H (Source & Central Areas) in Woburn, Mass.; Western Minerals Processing in Denver; Western Minerals Products in Minneapolis; W.R. Grace in Weedsport, N.Y.; Zonolite in Wilder, Ky.; Prince George’s Co., Md.; Hamilton Township, N.J.; Ellwood City, Pa.; and New Castle, Pa.; Zonolite/W.R. Grace in Easthampton, Mass.; and Zonolite Road in Atlanta. (courthousenews.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 1.30.14 – Second Hand Asbestos

January 30th, 2014. 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.

Second Hand or Third Party Asbestos Exposure

Recently, it has become apparent that people can be affected by asbestos-caused diseases through secondary or passive exposure.

Also known as second-hand asbestos exposure or “take home” asbestos exposure, passive asbestos exposure refers to exposure to asbestos fibers that become embedded on a person’s clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.

For example, cases of second-hand asbestos exposure were recently reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.

And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.

Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.

Asbestos Lawsuit

Asbestos Lawsuits and Smokers

New York, NY: Lung cancer cases are on the rise in asbestos litigation. In a report by <i>Legalnewsline,</i> Lester Brickman, professor of law at the Benjamin N. Cardozo School of Law at Yeshiva University, notes that the 60-plus asbestos trusts in the US, operating a system of more than $36 billion, will pay claimants who can get a doctor to prove they have asbestos damage to the linings of the lungs even if they were or are smokers.

“What’s happened is the trusts are paying a claimant, a smoker, who can show occupational exposure to asbestos and can get a doctor to say the lungs indicate occupational exposure,” Brickman said.

According to Brickman, claimants don’t apply to one trust only, but rather receive money from 15 to 20 trusts. Alongside of this, people with asbestos lung cancer can also file a tort claim, which may also result in a settlement. And these asbestos lung cancer lawsuits are on the rise. Brickman cites the recent suit filed by the nine-term Congresswoman Carolyn McCarthy, who has taken a leave of absence while she is being treated.

Filed in October, McCarthy claims she was exposed to asbestos fibers through her father’s and brother’s work clothing when she was a child, also known as third-party exposure, second hand asbestos exposure, or take-home asbestos exposure. Both men worked as boiler makers. She also claims to have visited her brother and father at their various work sites over the years.

This type of asbestos exposure happens as a result of workers, who are exposed to asbestos at work and not realizing, wearing their work clothing home which is embedded with toxic asbestos fibers. Those fibers can also get into their cars. And, their families are then exposed to the asbestos fibers through exposure to their clothing – often through doing laundry, and their cars.

In her asbestos lawsuit, McCarthy has named some 75 defendants, 25 of which have responded to the lawsuit.

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement. NSL
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Asbestos News Roundup: 1.23.14 – CA Drought Conditions, Wildfires & Asbestos

January 23rd, 2014. 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.

California Wildfire Asbestos Exposure 

Drought conditions are never a good thing–but they’re even worse when they lead to the increased potential for wildfires. As wildfires potentially devastate homes in southern California, many people may be faced with cleaning up and rebuilding, and may be at risk for asbestos exposure. Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.

According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”

In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.

Asbestos Lawsuits

Olympia, WA: Washington’s Workers’ Compensation law, known as the Industrial Insurance Act, is under fire over a mesothelioma victims’ lawsuit alleging The Boeing Company “deliberately intended” to harm him because it knew of the dangers involved with asbestos in the work environment.

In the case at hand, claimant Gary Walston worked at The Boeing Company’s hammer shop in Seattle from 1956 until 1992, where he fabricated metal airplane parts. While he claims he worked with and around asbestos-containing products throughout his career, there was a time period in 1985 where crews were repairing pipe insulation containing asbestos directly above Walston’s work station.

The insulation workers wore what Walston’s co-workers called “moon suits” for protection, but hammer shop workers continued working without protective clothing or respirators.

The hammer shop workers allegedly requested protection but were told to return to work but try to avoid working directly under the overhead repairs as dust and debris fell on the workers below.

Walston was diagnosed with mesothelioma in 2010. He and his wife filed suit against his employer. Boeing moved for summary judgment dismissing Walston’s claims, arguing employer immunity under the exclusivity provisions of the IIA. (Legal Newsline.com)

Asbestos Settlements

Cleveland, OH: Forty-year old John Panza, an English professor at Cuyahoga Community College and drummer with a popular Cleveland rock trio, Blaka Watra, has been awarded $27.5 million in settlement of his asbestos mesothelioma lawsuit. The settlement is reportedly the largest award of its kind ever in Ohio.

Panza was diagnosed with mesothelioma in 2012, resulting from prolonged second-hand or take home exposure to clothing worn by his father, who picked up the asbestos dust at his job at the Eaton Airflex brake company. John Panza Sr., 52, died of lung cancer in 1994. He had worked at Airflex for 31 years, and previously served as president of the company’s union.

The asbestos brake pads were manufactured by the former National Friction Products Corp. John Jr. and his wife Jane, filed suit against Kelsey-Hayes Co., the Michigan-based successor to National Friction Products, and the lone remaining defendant at the time of the verdict, returned December 18, 2013.

The verdict breaks down the settlement as economic damages of $515,000 and $12 million in non-economic damages. The jury also awarded Jane Panza, who is just 37, $15 million for her loss of consortium claim, or the deprivation of the benefits of a family relationship due to her husband’s asbestos mesothelioma.

The eight-member jury attributed 60 percent of the liability to Kelsey-Hayes, finding that the company’s brake products were defective and primarily responsible for causing Panza’s cancer.

The Panza’s testimony was emotional, according to the judge. The couple went to high school and attended college together They have a 6-year-old daughter.

Prior to the trial, Panza underwent four separate surgeries and almost died, said John Mismas, one of Panza’s lawyers. Panza’s right lung was removed, and the invasive cancer is almost certain to eventually spread to his left lung, he said. “He’s going to die,” Mismas said.(thecleveland.com)

Los Angeles, CA: An $11million asbestos mesothelioma settlement has been awarded to the family of Gordon Bankhead. The plaintiffs alleged their father and husband was exposed to asbestos dust through his work with vehicle brake parts and that the defendant company’s liability was the cause of wrongful death which led to the loss of companionship for family members of the Mr. Bankhead.

According to the asbestos lawsuit, Gordon Bankhead worked as a parts man from 1965 to 1999 in the service and repair of heavy duty vehicles. He handled asbestos-containing brakes regularly, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes. All of these activities caused him to breathe deadly asbestos dust. Defendant Pneumo Abex manufactured many of the brake linings Mr. Bankhead was exposed to.

This was the second trial regarding the Bankhead family and defendant Pneumo Abex. The jury in the first trial, on liability, found Defendant Pneumo Abex 30% liable. The jury found that Pneumo Abex’s asbestos-containing brakes were defective, and that Pneumo Abex negligently, intentionally, and maliciously caused Mr. Bankhead’s mesothelioma, from which he died at age 68.

The jury awarded Mr. Bankhead $1,470,000 for his past and future economic loss, and $1,500,000 for his pain and suffering. The jury also awarded his wife, Emily Bankhead $1,000,000 for her loss of her husband’s support and companionship. The jury found that defendants’ actions were malicious, fraudulent, and/or oppressive and awarded $9,000,000 in punitive damages against Pneumo Abex. Pneumo Abex appealed the verdict, which was subsequently upheld.

Mr. Bankhead’s death gave rise to a new case to compensate his family for their loss of his companionship. In this second trial, which commenced January 13, 2014, Pneumo Abex was not allowed to dispute its responsibility for Mr. Bankhead’s death. The jury was not told the reasons for Pneumo Abex’s liability, nor were they told about the circumstances of Mr. Bankhead’s death. The jury was tasked with deciding the full amount of Mr. Bankhead’s widow’s and daughters’ losses due to his wrongful death 17 years before his life expectancy. The Bankheads did not seek funeral expenses and other economic damages.

The second trial took just 2 days, resulting in a gross verdict if $11,000,000, and a net verdict of $3,300,000, non-economic damages of $6 million were awarded to Emily Bankhead, and $2.5 million to Tammy and Debbie Bankhead individually. (juryverdictalert.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 1.16.14 – Study on Asbestos in Ovens

January 16th, 2014. 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.

Bakers and Asbestos Risk

The Institute of Asbestos Victims (IAS), in the Netherlands, reported this week that they are aware of 38 cases of bakers contracting asbestos-related cancer from exposure to asbestos contained in old ovens. The reports of asbestos-related cancer are from 2000 to 2012. In one case, the IAS said they were aware of asbestos fibers making it into the bread. Asbestos was or possibly is still used as an insulation material in and around older bread ovens, and may be released over time, as part of wear and tear.

According to the report by Racers Republic out of the Hague, Gert van der Laan, clinical specialist at the Netherlands centre for industrial sickness, said, “It is clear that bakers may inhale asbestos at work with outdated furnaces.” He went on to explain that if visible asbestos contamination occurs on the bread, then many invisible fibers may also be released into the air.

[dead link] http://racers-republic.com/health/dozens-of-cases-of-asbestos-cancer-in-bakers-6711/

Asbestos Lawsuits

Madison, IL: Irene Rooneo, the widow of Walter Benedict Rooneo, is suing dozens of defendant companies she alleges are responsible for her late husband’s asbestos mesothelioma and subsequent death on December, 29, 2011.

In her lawsuit, Mrs. Rooneo states Walter Benedict Rooneo was exposed to asbestos during his employment as a laborer in the related companies. He worked at various locations in Illinois, most recently as a laborer at Joy Manufacturing in Mount Vernon from 1984 to 2005.

Rooneo further claims the defendants were negligent and conspired against Metropolitan Life Insurance Co. and Pneumo Abex Corp., as successor in interest to Abex Corp.

Irene Rooneo is seeking damages in excess of $50,000.

Named defendants include: A.O. Smith Corporation; Air & Liquid Systems Corporation; Arvin Meritor; Bemis Company, formerly known as Bemis Bag Company; Borg-Warner Corporation, by its successor in interest to Borg-Warner Morse Tec Inc.; CBS Corporation, formerly known as Westinghouse Electric Corporation; Carboline Company; Certainteed Corporation; Cleaver Brooks, a division of Aqua Chem Inc.; Crane Co.; Crown Cork and Seal USA Inc.; Dravo Corporation; Ford Motor Company; Foster Wheel Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps; Honeywell Inc.; Honeywell International Inc., formerly known as Allied Signal Inc., successor in interest to Bendix Corporation; Industrial Holding Corporation, formerly known as Carborundum Company; Ingersoll-Rand Company; John Crane Inc.; Joy Global Underground, formerly known as Joy Technologies LLC; Maremont Corp.; Motion Control Industries Inc.; Nibco Inc.; Nooter Corporation; Oakfabco, formerly known as Kewanee Boiler; Pneumo Abex Corporation, as successor in interest to Abex Corporation; Reichhold Inc.; The Ric-Wil Company; Saint Gobain Abrasives Inc.; Spirax Sarco Inc.; Square D, a brand of Schneider Electric; Sterling Fluid Systems USA Inc.; Trane US Inc., formerly known as American Standard Inc.; Triangle Enterprises Inc.; Union Carbide Corporation; Weil McLain; Young Insulation Group of St. Louis; Young Group Ltd., formerly known as Young Sales Corp. and Metropolitan Life Insurance Co. (madisonrecord.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 1.10.14 – Get Your Furance Checked for Asbestos

January 10th, 2014. 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.

Hot Air Furnace Asbestos Risk

Just a reminder, as almost all of North America is in a deep freeze—or under several feet of snow right now that if you have an old furnace that has just gone—or you’re thinking or replacing—beware—it could contain asbestos!

While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.

As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it. If you suspect your furnace could contain asbestos, get a professional in to take a look at it.

Asbestos Lawsuits

Madison, IL: Georgia-Pacific and John Crane Inc, have been named as defendants by Robert Cowger, personal representative for the heirs and estate of Barbara Cowger, deceased, and her husband Bill Cowger.

According to the lawsuit, Bill Cowger worked as a drywaller from 1963 to 2008 for various contractors. During the course of this employment, his wife was exposed to and inhaled, ingested or otherwise absorbed large amounts of asbestos fibers emanating from certain products he worked with and around which were manufactured, sold, distributed or installed by the defendants.

The lawsuit contends that the defendants either knew or should have known the products had a toxic, poisonous and highly damaging effect upon persons inhaling, ingesting or otherwise absorbing them. Barbara Cowger developed lung cancer that ultimately led to her death as a direct and proximate result of one or more of the acts of negligence on the part of the defendants.

The defendants are also accused of several acts of omission amounting to willful and wanton misconduct.

Additionally, the lawsuit claims that conspirator defendants (both named and not named) as agents of one another and as co-conspirators, agreed and conspired among themselves and with other asbestos manufacturers, distributors and trade organizations to injure the deceased by willfully conspiring to publish false and misleading reports of the health hazards of asbestos.

Judgments in excess of $50,000 for each of the charges have been entered against the defendants. (madisonrecord.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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