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Asbestos News Roundup: 8.1.13 – US Asbestos Use on Rise in some Industries

August 1st, 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 Use in the US on the Rise in Some Industries

The Asbestos Disease Awareness Organization (ADAO), the largest independent asbestos victims’ organization in the U.S., today announced that President and Co-Founder Linda Reinstein will testify about the dangers of asbestos before the U.S. Senate Committee on Environment and Public Works (EPW).

Ms. Reinstein will discuss the facts about the continued use of lethal asbestos in the U.S., with ports in the states of Louisiana, Texas, California and New Jersey still actively receiving and unloading asbestos shipments. Reinstein will also reference the U.S. Geological Survey’s (USGS) report that states that U.S. asbestos consumption in 2012 was estimated to be 1,060 tons. In the past two years, the nation has seen an increase in asbestos consumption in the chlor-alkali industry specifically, even though viable and affordable asbestos substitutes exist.

Asbestos fibers are odorless, tasteless, indestructible, and can be nearly 700 times smaller than a human hair. All forms of asbestos can cause cancer and respiratory diseases.

Each year, an estimated 10,000 Americans die from asbestos-related disease: 3,000 from mesothelioma, 5,000 from lung cancer, and 2,000 from other cancers or respiratory diseases. Between 2000 and 2010, 43,464 Americans died from mesothelioma and asbestosis – just two of the leading asbestos-caused diseases. (ADAO)

Asbestos Lawsuits

Oakland, CA: A take-home or second hand asbestos lawsuit brought by the wife of a retired Bay Area ironworker will be allowed to move forward. Donald LeBoa worked for hundreds of days on the construction of the Bank of America high rise building in San Francisco in the late 1960’s. According to court documents, the project involved a continuous sweeping of dry oversprayed fireproofing in the building, which caused large amounts of asbestos-containing dust to become airborne.

The asbestos in the air fell on everyone in the area, including Mr. LeBoa, whose work clothes became covered with asbestos dust, according to court documents. Mr. LeBoa wore his work clothes home every day and his wife washed them. Mrs. LeBoa shook out the dust from her husband’s clothes before putting them in the washing machine with the rest of the laundry.

Mrs. LeBoa was diagnosed in 2012 with mesothelioma, a fatal cancer. According to court documents, the asbestos on her husband’s work clothes allegedly caused Mrs. LeBoa’s mesothelioma.

The sweeping work that created the asbestos dust that fell onto Mr. LeBoa’s work clothes was performed by a company called Cahill. According to court documents, Cahill allegedly did not try to control the asbestos dust in the building nor did Cahill warn anyone of its risks.

Mrs. LeBoa sought compensation from Cahill, along with other defendants, in a take-home exposure asbestos lawsuit (LeBoa v. Alta Building Material Co., et al., Alameda County Superior Court, No. RG13667129) for its role in causing her harm. According to court documents, Cahill asked the court to dismiss the case, arguing that a person exposed to deadly dust tracked into her home should have no right to file a lawsuit. Judge Jo-Lynne Q. Lee disagreed with Cahill and allowed Mrs. LeBoa’s case to move forward. The judge’s order explained, “Cahill has not made a sufficient legal argument to induce this court to establish a new rule of law and grant it summary judgment under that new rule.”

According to court documents, trial for this take-home exposure asbestos lawsuit begins on August 13, 2013 against Cahill and the other defendants. (prweb.com)

Asbestos Settlements

Buffalo, NY: An upstate New York jury has awarded $3 million in an asbestos gasket and packing case against Crane Co., finding the defendant 35 percent liable for the decedent’s asbestos mesothelioma.

The New York Supreme Court for Erie County jury reached the verdict on July 31 after two days of deliberations. Judge Jeremiah J. Moriarty III presided over the two-week trial.

In its verdict, the jury awarded $2.5 million to decedent Lee Holdsworth and $500,000 to his widow. An additional $67,700 was issued for Holdsworth’s medical bills. (Harrismartin.com)

Asbestos Law

Boston, MA: The state Department of Environmental Protection (DEP) has fined a Haverhill company $3,000 by for its failure to follow proper asbestos-removal procedures at a job site in Fitchburg last summer.

According to a recent press release, during an August 2012 inspection of the former Fitchburg Gas and Electric power plant site, at 115 Sawyer Passway, Fitchburg, DEP inspectors observed workers from Absolute Environmental Contractors, Inc., improperly handling and disposing of asbestos-insulated pipes.

According to the DEP, the pipes were placed in an open-top, roll-off container without being adequately wetted or sealed in leak-tight, labeled containers, as required by law.

State regulations require removal contractors to wet asbestos-containing materials thoroughly during all phases of removal, handling and packaging for disposal in order to minimize the potential for asbestos fibers to become airborne and reduce the chance of exposure for workers and the public.

Absolute Environmental Contractors is licensed by the state Department of Labor Standards to be an asbestos contractor.

“Licensed asbestos contractors are most certainly aware of the required asbestos-removal procedures and must strictly follow all work practices prescribed by the MassDEP asbestos regulations,” said Lee Dillard Adams, director of the DEP Central Regional Office in Worcester. “The cost of noncompliance includes payment of penalties and escalated cleanup, decontamination and monitoring costs.” (sentinelandenterprise)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 7.25.13 – Ford Cited for Worker Asbestos Exposure

July 25th, 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.

US Navy Veterans at Risk for Asbestos

US Navy Veterans are at high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits, for example. 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 Law – Ford Cited for Exposing Workers to Asbestos

Detroit, MI: Ford Motor Co exposes its workers to asbestos, according to a report by The Occupational Safety and Health Administration (OSHA). Earlier this week, the federal agency cited Ford for eight violations covering asbestos exposure at a stamping plant in Buffalo, N.Y.

Ford could face up to $41,800 in fines for failing to protect workers from asbestos-containing material at the plant, according to OSHA.

Among the violations is the exposure of a pipefitter to asbestos-containing material in the insulation of a steam line he was working on. Additionally, none of the workers who were exposed to asbestos-containing materials wore respiratory protection.

OHSA also reported that the workers’ area was not properly organized to limit the amount of employees working in the area, asbestos-contained areas were not properly cordoned off, and airborne levels of the hazardous mineral were not properly monitored.

Violations are defined as “serious” when death or significant injury to workers is likely from a problem that Ford knew or should have known about, according to the agency.

Ford has 15 business days from when it received the citations to comply, meet with local OSHA officials, or contest the citations. The factory employs 537 workers, according to Ford. (autonews.com)

Asbestos Settlements

New York, NY: An 81-year-old Los Angeles man and his wife have been awarded a $1.525 million verdict in his asbestos-cancer lawsuit this July.

In May of 2012, Marty Marteney, a successful architect whose father was an immigrant to the United States from Mexico, was diagnosed with asbestos mesothelioma. After a three week trial, a Los Angeles jury returned a verdict on July 1 in favor of Marteney, giving him a judgment against Union Carbide Corporation and Elementis Chemicals, Inc.

According to the attorneys representing the Marteneys, Mr. Marteney’s disease stemmed from his exposure to workers who used asbestos-containing construction products and automotive parts. Union Carbide was a supplier of asbestos fiber and Elementis was the distributor of Union Carbide’s asbestos on the West Coast.

Marteney’s asbestos exposure goes back to his childhood, when his father took him out of school and made him work in his father’s auto shop, where he handled these toxic materials without any knowledge of their danger.

Without an education and with no knowledge of his asbestos exposure, Marteney enlisted in the armed forces, started a family, and later became an apprentice architect.

Eventually Mr. Marteney returned to school and built a career as a well-respected architect, designing homes for the rich and famous in Beverly Hills. Unknowingly, this hard work exposed him to asbestos-containing construction products that would later cause the cancer that would ruin his well-deserved retirement.

Mr. Marteney is currently undergoing treatment for his mesothelioma. Marteney lives in San Marino, California, with his wife. (watchlist.com)

New York, NY: An asbestos verdict of $190 million has been awarded in a lawsuit brought by five men who were exposed to asbestos-tainted products and equipment during their jobs as steamfitters, plumbers, and construction workers.

A panel of New York Supreme Court jurors found the two defendant companies had acted negligently and recklessly, then rendering a verdict worth a total of $190 million, the largest consolidated asbestos verdict in New York history. It is believed that the $60 million individual amounts two of the men received are the largest individual sums awarded in a New York asbestos case.

Daniel Blouin, an attorney with Weitz & Luxenberg, the firm representing the plaintiffs, said he and his team tackled the case by telling the jury a story of five men who worked honest jobs for decades only to be repaid with immense suffering. “We wanted to show the jury the sorrow our clients were and are going through,” Blouin said. “And not just physically but psychologically. Once you are exposed to asbestos and develop mesothelioma, you know your fate. It’s an unbearably heavy burden.”

Lawyers for the plaintiffs told the jury there wasn’t an amount they could give the men that would be unreasonable. The defendants in this case subjected thousands of men and women to a terribly toxic substance. It is likely the companies took a calculated risk in doing so. That isn’t a debt that can be repaid, the attorneys said.

The jury, returning a verdict at 4 p.m. on July 23, found both defendants—boiler companies Cleaver Brooks and Burnham—negligent in having failed to warn about the dangers of the asbestos used in connection with their equipment. The verdict said both companies had acted with reckless disregard for human life.

All five of the plaintiffs were tradesmen from the tri-state area.

One man, from Toms River, NJ, worked in the 50s and 60s as a pipefitter in the Brooklyn Navy Yard. He was exposed to asbestos daily while fitting pipes into the salt-water distilling units aboard aircraft carriers like the USS Constellation and USS Independence.

Another, from Oyster Bay, NY, worked for nearly 30 years as a plumber, handling dozens of different types of products contaminated with asbestos.

A third, of Middle Village, NY, was also exposed to asbestos working as a plumber in Brooklyn, Queens, and Rockland Co.

Another man, from Howard Beach, NY, was exposed to asbestos on the job as a painter and construction worker. He was involved with the removal and demolition of boilers containing asbestos-laden parts.

The final client, from Kent, CT, also worked with boilers and boiler parts in the course of his job as a steamfitter.

All five men developed mesothelioma as a result of asbestos exposure. Three have died of complications related to the disease.

The trial (Index Nos. 190008/12, 190026/12, 190200/12, 190183/12, 190184/12) was held in New York Supreme Court before Judge Joan Madden. (pr.com/press-release)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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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
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Asbestos News Roundup: 7.11.13 – WWII Navy Vet Asbestos Exposure

July 11th, 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 Disease and WWII Veterans

Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbestos-related diseases.

Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos-related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.

Asbestos Lawsuits

Bangkok, Thailand: Johannes Weber, a US veteran based in Thailand, has filed a $5-million lawsuit in federal court against the US Department of Veterans Affairs and the US Navy for his asbestos-related lung disease. Weber alleges he developed the asbestos disease as a result of being exposed to asbestos fibers when he served in a US Navy vessel in 1972 and 1973.

Weber is suing the U.S. Navy for negligence. He alleges he was under orders from his then military superiors to perform work in the engineering spaces of a US Navy vessel which contained asbestos, and he was not supplied with appropriate safety equipment.

In his complaint, Weber has asked that the US Department of Veterans Affairs pay him for his medical costs associated with treatment of a service-related disability. He has also asked that the court award damages to his common-law wife, Khawannuedee Boonjan, who is in Thailand, should he die before the court can rule on the asbestos lawsuit.

According to his lawsuit, Weber’s lung disease has caused him to be 100 percent disabled. He alleges he was discharged under honorable conditions.

Weber further claims that he needs regular aid and can no longer travel on commercial airlines because of the pressure it exerts on his lungs.

He alleged that the Department of Veterans Affairs is not paying for his medical costs in Thailand for his service-related asbestos injury. (saipantribune.com)

Charleston, WV: Richard P. Wade has filed an asbestos lawsuit naming 154 companies he claims are responsible for his asbestos-related lung cancer.

Wade, who was diagnosed with lung cancer in June 2012, claims the 154 defendants exposed him to asbestos and/or asbestos-containing products during his employment.

Wade further claims the defendants failed to advise him of the health risks of their asbestos and asbestos-containing products; failed or omitted to provide Wade with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliance; and failed or omitted to place any warnings or sufficient warnings on their containers.

As a direct result of his lung cancer, Wade alleges he suffered severe conscious physical pain and suffering and lost earnings and net accumulations. He is seeking compensatory and punitive damages with pre- and post-judgment interest.

The 154 defendants in the suit include: 84 Lumber Company; A.O. Smith Corporation; A.R. Wilfley & Sons Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Electric Power Company Inc.; American-Marsh Pumps; American Optical Corporation; and Anderson Greenwood & Co.

Charleston, WV: The widow of the late Arthur William Bautista has filed an asbestos lawsuit naming 49 defendants, which, she alleges are responsible for his asbestos lung injury and resulting death.

According to the asbestos lawsuit, Arthur William Bautista was diagnosed with lung cancer on Aug. 25, 2011, from which he died on November 7, 2011.

Gloria Bautista claims in her lawsuit, that her late husband was exposed to asbestos and/or asbestos-containing products during his employment at various work sites in West Virginia from 1971 until 2011.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.

The 49 defendants include: 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Brand Insulations Inc.; BW/IP Inc.; CBS Corporation; Certainteed Corporation; Cleaver-Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulvan Inc.

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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How Much Asbestos is Safe?

July 10th, 2013. By LucyC

Is There a Safe Level of Asbestos Exposure?

On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure—and urging Americans to learn about the dangers of asbestos exposure. In short, the message is that there is no safe level of asbestos exposure.

In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”

Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.

Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.

The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:

Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).

Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.

Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.

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