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.
As fall begins to make its presence felt, many people may be looking at replacing or refurbishing their hot air furnaces. A popular way to heat a house, hot air furnaces have been sold in the millions across North America.
However, as one man discovered recently, the older models of hot air furnaces 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.
Charleston WV: The daughter of recently deceased Clinton Pitzer has filed an asbestos lawsuit naming 37 companies she claims are responsible for her father’s death. On February 25, Pitzer was diagnosed with lung cancer, from which he subsequently died on March 5.
In her lawsuit, Pitzer’s daughter, Tammy Timmons, alleges her father was exposed to asbestos and/or asbestos-containing products during his employment as a coal miner, a manager/operator of a coal mine and a laborer from 1954 until 1995.
Timmons is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.
Timmons is also suing certain defendants as premises owners and as Pitzer’s employers for deliberate intent/intentional tort.
The 37 defendants named in the suit include Caterpillar Inc.; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Fairmont Supply Company; FMC Corporation; Foster Wheeler Energy Corporation; Genuine Parts Company; Goulds Pumps Inc.; and Grinnell Corporation. (wvrecord.com)
Kingston, ON: An employer who allowed a worker to remove asbestos materials without ensuring the worker was trained and had appropriate equipment has pleaded guilty in court and fined a total of $25,000.
In November and December 2012, Kevin Kauffman of Toronto was involved in the process of obtaining approvals for the redevelopment of a property located at 522/524 Johnson Street in Kingston. The exterior of the semi-detached multi-unit dwelling was clad in tiles containing asbestos and more tiles were stored in the basement; the building required asbestos abatement and disposal. He hired a worker to remove the siding and tiles. The worker lived on-site while performing the work.
Although he contacted a Ministry of Labour office and was advised of the requirements under the Occupational Health and Safety Act of the regulations relating to asbestos, the defendant failed to follow through on the necessary equipment and precautions.
The regulations state that employers must provide every worker entering the work area with an approved respirator, and ensure that workers are trained in the hazards of asbestos exposure, including proper work practices and the use, cleaning and disposal of respirators and protective clothing. The worker did not receive any form of asbestos training and was given a rubber mask and paper dust masks.
The defendant pleaded guilty in a Kingston court to failing as an employer to ensure that the measures and procedures prescribed by law were carried out. He was fined a total of $25,000.
The fine was imposed by Justice of the Peace Jack Chiang. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime. (newsontario.ca)
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.
Back-to-school is just around the corner. Many children will be heading back to classrooms in older buildings all across the country. But those hallowed halls of learning may house something unsuspected and deadly—asbestos. Lately, many older schools have undergone asbestos removal and refurbishment.
Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.
Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.
Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.
For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html
Charleston WV: The daughter of the late Phillip D. Ohlinger, who died from asbestos-related lung cancer, has filed an asbestos suit naming 47 defendants. Mr. Ohlinger was diagnosed with lung cancer in March and died on July 9, according to court documents.
In her asbestos lawsuit, Ann Ohlinger claims that between 1953 and 1992 the defendants exposed her father to asbestos during his employment as a sales person, laborer, furnace stoker and maintenance worker.
Ms. Olinger is suing the defendants based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.
Further, Ms. Olinger is suing certain defendants as premises owners and as Phillip Ohlinger’s employers for deliberate intent/intentional tort. She is seekinga jury trial to resolve all issues involved.
The named defendants include: 3M Company; A.W. Chesterton Company; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; American Electric Power Service Corporation; Beazer East Inc.; Brand Insulations Inc.; Catalytic Construction Company; Caterpillar Inc.; and Certainteed Corporation were some of the 47 defendants named in the suit. (wvrecord.com)
Charleston, WV: 82 companies have been named as defendants in an asbestos lawsuit brought by Travis and Linda Jean Simons. In their lawsuit, the couple allege Mr. Simons has sustained asbestos-related illness resulting from his asbestos exposure during the course of his employment.
On November 13, 2012, Travis Simons was diagnosed with an asbestos-related lung injury. The Simons claim the 82 defendants exposed Travis to asbestos during his employment as a laborer from 1968 until the present.
The defendants are being sued based upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Additionally, certain defendants are also being sued as premises owners and as plaintiff’s employers for deliberate intent/intentional tort.
Philadelphia, PA: A 53-year old business has been indicted on five counts of illegal removal of asbestos. The indictment comes after a grand jury investigation, according to the U.S. Attorney’s Office in Philadelphia. If convicted, David Mermelstein of Elkins Park faces a maximum possible sentence of 25 years imprisonment and a fine of $1.25 million.
Mr. Mermelstein who owns a business in Willow Grove, purchased a furniture warehouse in Northeast Philadelphia. According to the indictment, Mermelstein operated the business under the name Red, White and Black Furniture at 10175 Northeast Ave.
The warehouse was old, and had asbestos insulation around its pipes which ran throughout the building. The indictment alleges that from September 2009 through April, 2010, after learning the cost of proper asbestos removal, Mermelstein hired day laborers instead of licensed asbestos contractors to remove asbestos from the commercial property. Mermelstein then directed the removal of asbestos by these laborers without telling them they were removing asbestos and without proper safety equipment and “in a manner that did not comply with asbestos work practice standards” required by federal law.
The Environmental Protection Agency, the City of Philadelphia’s Air Management Services investigated the case, which is being prosecuted by Assistant U.S. Attorney Virgil B. Walker and Special Assistant U.S. Attorney Patricia Miller. (montgomerynews.com)
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.
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.
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)
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)
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
US Navy Veterans have some of the highest incidence of mesothelioma, or asbestos related lung cancers of all Americans. This is because during the 1950’s, 1960’s, 1970’s, and 1980’s asbestos was used on most parts of all US Navy ships, especially in engine rooms, ammunition magazines, repair rooms, fuel storage areas, and or electronics areas.
Currently, there are over 20 million US Navy veterans, many of whom will have worked at Navy shipyards across the US. According to the Centers for Disease Control, the six states that see the highest rate of individuals diagnosed with mesothelioma include Maine, Pennsylvania, New Jersey, West Virginia, Wyoming, and Washington. Both Washington, and Maine have major shipyards. Other states with major shipyards include California, Virginia, Louisiana, Alabama, Maryland, and Texas.
Sadly, US Navy veterans aren’t the only group of people at high risk for asbestos disease stemming from workplace exposure. Aside from shipyards, power plants, manufacturing factories, chemical plants, oil refineries, steel mills, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads repair yards, automotive manufacturing facilities, or auto brake repair shops, also posed or pose significant risks for asbestos exposure, particularly for people working in these areas during the 1950s through to the end of the 1980s.
Jefferson County, TX: Three people have filed an asbestos lawsuit naming four defendant companies as responsible for the diagnosis of asbestos related disease in one of the plaintiffs.
The defendants named in the complaint are Atlantic Richfield Co., Beazer East Inc., Certainteed Corp. and Guard-Line Inc. Audrey J. Hawkins, Terri Banken and Gina Daigle claim Floyd Hawkins was diagnosed with lung cancer as a result of ongoing asbestos exposure through the course of his work, specifically through large amounts of asbestos in products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed by the defendants.
Floyd Hawkins’s disease resulted from inhaling, ingesting or otherwise absorbing asbestos fibers while at work, the plaintiffs claim in their suit. They further allege that Mr. Hawkins was not at any time during his work, aware or made aware of the hazards of asbestos exposure.
According to the complaint, the defendants failed to adequately warn Floyd Hawkins of the serious health hazards related to asbestos exposure and failed to provide him with what would be considered adequate and safe working apparel.
Further, the defendants failed to provide Mr. Hawkins with a safe workplace and allowed dangerous conditions to exist, the complaint states. The defendants also allegedly were negligent in that they failed to test their products before they were released into the stream of commerce; failed to place warning labels on the asbestos products; failed to warn Floyd Hawkins on the proper way to handle asbestos products; failed to enforce a safety plan; and failed to follow government regulations. Because of his disease, Floyd Hawkins experienced physical pain, suffering and mental anguish; endured emotional distress and physical impairment; and incurred medical costs, the complaint says.
Floyd Hawkins children also claim that following the death of their father they suffered the loss of his care, maintenance, support, services, advice, counsel and reasonable contributions and suffered mental anguish. (setexasrecord.com)
Plaquemine, LA: A retired electrician who filed an asbestos lawsuit in Louisiana has been awarded by the jury hearing his case, nearly $6 million finding that his alleged asbestos exposures at a Dow Chemical facility was a factor in causing his mesothelioma.
At the end of the trial, which ran four weeks, the Louisiana 18th Judicial District Court for Iberville Parish jury held trial defendant Dow Chemical responsible under theories of negligence and unreasonably dangerous premises. Dow Chemical and Westgate, an electrical contractor and the plaintiff’s former employer, were the only defendants remaining at the time of the verdict. (Harrismartin.com)
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.
A new analysis of data from the World Health Organization, shows that when the problem of mesothelioma and asbestosis, the two most prominent asbestos-related diseases, is analyzed in terms of life years lost, the burden is “substantial”.
Researchers in Japan and Indonesia found that a total of nearly 3 million potential life years have been sacrificed to these diseases by more than 141,000 people in dozens of countries. According to their WHO data analysis, 128,015 people died of mesothelioma in 82 countries between 1994 and 2010. During the same period, 13,885 people died of asbestosis in 55 countries.
Mesothelioma is a deadly malignancy that spreads across internal membranes, inhibiting organ function and often, eventually, invading the organs themselves. Asbestosis, also known as pulmonary fibrosis, is a chronic inflammation in the lungs that causes shortness of breath and chest pain and can be fatal. Both mesothelioma and asbestosis are triggered by prolonged or intense exposure to asbestos fibers and can develop decades after exposure.
According to the new study, which appears in the June 12, 2013 issue of the American Journal of Industrial Medicine, people who died of mesothelioma lost a total of 2.81 million potential years of life. That equates to an average of 17 years lost for each mesothelioma patient. The 13,885 people who died of asbestosis lost an average of 13 years of life each, for a total of 180,000 years. The researchers call the Potential Years of Life Lost (PYLL) measurement a “well-established but rather under-utilized” tool for assessing global disease burden and conclude that “The future burden of asbestos-related diseases can be eliminated by stopping the use of asbestos.”
Asbestos has been linked to mesothelioma, asbestosis, lung cancer, emphysema, pleural plaques and autoimmune diseases for more than 50 years. Despite the mounting worldwide death toll, many countries continue to mine, import and use asbestos in a range of industrial applications. Asbestos was once prized as an insulator and building material because of its resistance to heat, fire and corrosion. A number of third-world countries still use asbestos because it is inexpensive.
Houston, TX: 34 defendants have been named in an asbestos lawsuit brought by a Houston man who claims the asbestos-related disease with which he was diagnosed was wrongfully caused.
Lonnie D. Martin claims he was exposed to large amounts of asbestos in products manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed by the defendant companies. According to the asbestos lawsuit complaint, it was his exposure to these products which led to his diagnosis of asbestos disease.
Specifically, Martin alleges that because he inhaled, ingested or otherwise absorbed asbestos fibers during the course of his work, he developed his disease. Martin claims that not only was he unaware of the hazards of asbestos exposure, but also that the named defendant companies failed to adequately warn him of the serious health hazards related to asbestos exposure, and that they failed to provide him with adequate and safe working apparel.
In addition, Martin’s complaint asserts that the defendants failed to provide him with a safe workplace, allowed a dangerous condition to exist, failed to warn of the hazardous condition and to warn him that asbestos particles could lead to disease and failed to market asbestos products that were safe to use.
The asbestos lawsuit also claims that the defendants negligently failed to test their products prior to their release to market; failed to place warning labels on the asbestos products; failed to warn on the proper way to handle asbestos products; failed to enforce a safety plan; and failed to follow government regulations.
Consequently, Martin experiences physical pain, suffering and mental anguish; lost wages; lost his earning capacity; has suffered disfigurement and physical impairment and incurred medical costs, all resulting from his asbestos disease.
Defending companies named in the complaint include American Standard, Aqua-Chem, Aurora Pump Company, A.W. Chesterton, Babacock Borsig Power, Baker Hughes, Bryan Steam Corporation, Buffalo Pumps, Certain-Teed Corporation, Crane, Dover Corporation, Dow Chemical Company, ExxonMobile Oil Corporation, Flowserve Corporation, FMC Corporation, Foster Wheeler Energy Corporation, General Electric Company, Georgia-Pacific Corporation, Goulds Pumps, Guard-Line, Ingersoll-Rand, Lawrence Pumps, Leslie Controls, Lucey Boiler Company, Peerless Pump Company, Sihi Pumps, Spx Corporation, Sta-Rite Industries, Sulzer Pumps, Union Carbide Corporation, Viacom, Viking Pump, Weir Minerals North America, Yarway Corporation and Zurn Industries. (setexasrecord.com)
St. Clair County, IL: A Missouri couple has filed an asbestos complaint alleging 59 defendant companies, through their negligence, have caused Janis M. Whiting to develop mesothelioma
Janis Whiting and James B. Whiting allege that Janis was exposed to asbestos-containing products throughout her career as an operating technician in the US Force from 1967 until 1968, at University of Missouri Hospital from 1968 until 1979, at Community Hospital and Pinellas County Hospital from 1970 until the mid-1970s and at Community Hospital of New York from the mid-1970s until 1979. She also worked as a photographer at PCA from 1979 until 1985, as a hair dresser in 1982, as an operating technician at Moberly Regional Hospital from the mid-1980s through 1987, as a truck driver at Watkins Motor Line from 1987 until 2010, as a laborer at Moberly Surgical Center in 2011 and as a truck driver at R&R Trucking from 2012 until 2013.
The Whitings claim that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.
According to their lawsuit, it is as a result of her asbestos-related diseases that Janis M. Whiting is now disabled and disfigured, has incurred medical costs and suffered great physical pain and mental anguish and is prevented from pursuing her normal course of employment. This has resulted in her having lost large sums of money that would have accrued to her.
In their 10-count complaint, the Whitings are seeking a judgment of more than $50,000, economic damages of more than $200,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $150,000, punitive damages in an amount sufficient to punish the defendants, plus costs and other relief the court deems just. (madisonrecord.com)
St. Clair County, IL: Edmund Borgman, a former railroad worker with Union Pacific Railroad Company, has filed an asbestos lawsuit naming the railway as a defendant, and alleging it is through the company’s negligence that he has developed his lung cancer.
Specifically, Borgman alleges he was exposed to various toxic substances, including asbestos, throughout his career from 1959 until 1968 in the clerical department at Union Pacific. In turn, he developed lung cancer.
Due to his disease, Borgman has suffered great pain and disability, endured mental anguish and extreme nervousness and experienced disability, the complaint states.
Borgman claims Union Pacific negligently failed to provide him with a safe place to work, failed to provide him with safe equipment, exposed him to various toxic substances, failed to warn him of the dangers of the substances and allowed unsafe work practices to become common. (madisonrecord.com)