Author Archive

Asbestos News Roundup: 7.4.13 – First Responders & Asbestos

July 4th, 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.

First Responders & Asbestos

In June, a Salvation Army Thrift Store in Philadelphia collapsed, killing six people. The building was in the process of being demolished, but hadn’t been checked for asbestos. First responders are now asking if there was asbestos in the building—they are worried for their health and possible risk for asbestos-related diseases such as mesothelioma and asbestosis.

The building, located at 22nd and Market Streets, collapsed on June 5. Firefighters were called to the scene as first responders, but were not wearing gear that would protect them from asbestos. In fact, reports indicate there were 125 emergency crews at the site, some of whom were there for hours. The rescue and recovery efforts ran from 10:45 am on Tuesday until late in the day on Wednesday.

First responders are just some of the people who may be at risk for asbestos exposure from work in old buildings. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:

• Brake repair mechanic

• Carpenter

• Demolition worker

• Dry wall finisher

• Electrician

• Insulation installer

• Miner

• Pipe or steam fitter

• Plumber

• Roofer

• Shipyard worker

• Vermiculite processing plant worker

• Welder

The ATSDR also states that outdoor workers, such as construction workers, landscapers, and excavators might be exposed to naturally occurring asbestos found above the ground through activities that crush asbestos-containing rock or stir up dust in soils that contain asbestos.

Asbestos Lawsuits

New Orleans, LA: Elizabeth Gailyne Sutherland has filed an asbestos lawsuit against numerous defendant companies, which, she alleges, contributed to her asbestos exposure and resulting asbestos mesothelioma.

Mrs. Sutherland suffered secondhand or ‘take home’ asbestos exposure. In her lawsuit, she asserts her husband’s work for the defendants resulted in her inhalation of asbestos containing material and contraction of mesothelioma.

The defendant companies are: Alma Plantation LLC, Anco Insulation Inc., Arrowood Indemnity Company, Eagle Inc., Liberty Mutual Insurance Company, Metropolitan Life Insurance Company, Taylor-Seidenbach Inc. and the McCarty Corporation in the Orleans Parish Central District Court on March 11.

The asbestos lawsuit accuses the defendants of knowing the hazard their material contained but failing to warn petitioner, her husband and others of the potential danger of contact with the material, failing to provide safety equipment, failing to provide general ventilation in work areas, failing to warn that asbestos dust could be carried on the employee’s clothing and expose members of their households and selling, distributing and manufacturing asbestos containing products.

Mrs. Sutherland is seeking an unspecified amount for physical pain and suffering, medical expenses and rehabilitation, loss of earning and disability. (louisianarecord.com)

St. Clair County, IL: a Federal Employers’ Liability Act suit has been filed by Howard Sturgeon in alleging he was exposed to asbestos during his 28 years as a communications technician at CSX Transportation.

Specifically, Sturgeon claims through the course of his work, which involved wiring buildings and working in buildings that contained asbestos, he was exposed and inhaled asbestos.

According to the complaint, CSX: negligently and carelessly failed to provide a safe place to work; failed to warn of the presence and hazards of asbestos; failed to provide proper safety equipment; failed to provide safe buildings and equipment; and failed to provide safe methods of work.

As a result of his asbestos exposure, Sturgeon claims he has developed severe and permanent injuries to his lungs, respiratory system and body, all of which cause him to suffer great pain and mental anguish, lose money and earnings he otherwise would have earned and caused him to spend money for medical expenses.

Sturgeon is seeking damages in excess of $50,000. (madisonrecord.com)

Asbestos Settlements

Bloomington, IL: The family of Jake Lilienthal, who died in 2009 from asbestos lung disease, has been awarded $1.4 million in damages, by a McLean County jury.

According to the attorneys for the Lilienthals, Jake Lilienthal developed from his work for the GM&O Railroad from 1957 to 1972 at rail yards on Bloomington’s west side. His asbestos exposure continued after he transferred to the company’s shops in Paducah, KY, the lawsuit alleged.

After just two weeks, the jury found the railroad had knowledge of the hazards of asbestos and failed to warn Lilienthal, who is survived by his wife. (pantagraph.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma | 1 Comment »

Asbestos News Roundup: 6.20.13 – Are You at Risk for Asbestos Exposure?

June 20th, 2013. By LucyC

Asbestos Exposure—Who’s at Risk?

A $7.5 million asbestos lawsuit settlement was recently awarded to construction worker who developed a highly aggressive cancer after his exposure to asbestos. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.

But construction workers aren’t the only people at high risk for asbestos disease. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:

• Brake repair mechanic

• Carpenter

• Demolition worker

• Dry wall finisher

• Electrician

• Insulation installer

• Miner

• Pipe or steam fitter

• Plumber

• Roofer

• Shipyard worker

• Vermiculite processing plant worker

• Welder

Asbestos Lawsuits

Gretna, LA: Julie Lavigne, the ex-wife of the late Michael Kenneth Lavigne, has filed an asbestos lawsuit against Shell Oil Company, Shell Chemical, Shell Chemical Company, Kellogg Brown & Root Inc., Brown & Root Inc., Lenny’s Plumbing Inc. and American Do All Corporation. The lawsuit contends that the companies exposed her ex-husband to asbestos through the course of his work for them, and as a result, she was secondarily exposed to asbestos, which resulted in her diagnosis of lung cancer. On August 6, 2012, Julie Lavigne was diagnosed with mesothelioma, a type of lung cancer caused by asbestos exposure.

According to the lawsuit, Lavigne shared a home with Michael Kenneth Lavigne from 1990 until 2008. During that time he worked for Kellog Brown & Root Inc., Shell Oil Company and Shell Chemical that included removing pipes and insulation, repairing old pipes that were insulated with asbestos and the handling and removal of the asbestos insulation itself.

The defendants are accused of failing to warn employees regarding the health hazards associated with asbestos exposure, failing to warn their employees against bringing asbestos-contaminated clothes home for laundering, failing to provide special work clothes which could be removed at the end of the work day, and not require home laundering, failing to provide showers at the workplace to enable employees to clean off asbestos dust and fibers before returning home, failing to advise employees that asbestos was an extremely dangerous substance, failing to implement adequate engineering controls to eliminate or substantially reduce their employee’s exposure to asbestos, failing to use asbestos-free insulation and other building products and failing to totally isolate and work activity to prevent asbestos exposure.

An unspecified amount in damages is sought for physical pain and suffering, mental pain and suffering, emotional distress, fear of dying, loss of enjoyment of life, medical expenses, disfigurement, embarrassment, physical impairment, loss of wage compensation, loss of fringe benefits, lost earning capacity, physical disability, mental disability, emotional and psychological anguish and distress, expert expenses, litigation costs, medical costs, loss of society, wrongful death and survival. (louisianarecord.com)

Charleston, WV: The Newsomes, from Jackson, Ohio, are suing 42 companies they allege responsible for a lung injury diagnosis. Ronald Newsome was diagnosed with asbestosis and pleural plaques on September 10, 2012.

According to their lawsuit, Mr. Newsome was exposed to asbestos and/or asbestos-containing products during his employment as a mixer, laborer and other various trades from 1958 until 1992.

Certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 42 defendants include 3M Company; A.W. Chesterton Company; Brand Insulations Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; Copes-Vulcan Inc.; Crane Company; and Crown, Cork & Seal USA Inc.(wvrecord.com)

Asbestos Settlements

Jefferson County, TX: The children of the late Barney Tarver have settled their suit against Chevron USA and Union Oil of California, which alleged the companies negligently exposed their father to asbestos throughout his career. No details of the settlement have been made public.

The lawsuit, filed on behalf of Mr. Tarver’s estate on March 6, 2012, alleged that Barney Tarver was employed at the Gulf Oil Refinery in Jefferson County, where he was exposed to asbestos dust and fibers. As a result of his asbestos exposure, Tarver developed mesothelioma and died on January 27, 2012.

The lawsuit accused the defendants of negligently failing to warn workers of the dangers of asbestos. The plaintiffs were suing for punitive and exemplary damages. (setexasrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma | 2 Comments »

Asbestos News Roundup: 6.13.13 – Family Asbestos Exposure

June 13th, 2013. By LucyC

Asbestos Disease A Family Affair

The recent case of an 82-year old woman recently diagnosed with asbestos mesothelioma has highlighted how asbestos dust represented a danger not just to those who worked in heavy industry, but also to their wives and children.

Mrs. Grigg was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.

Mrs. Griggs’ case, sadly, is not an isolated incident. There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure, for example, by wives beating their husband’s dusty overalls as they hung on a washing line, or shaking them off in a doorway before putting them in a washing machine. Their husbands worked in industries such as mining, ship-building, construction, plumbing and electrical.

Children and even grandchildren have also been put at risk, running up to a returning parent to give them a hug as they return from work, or sitting on their knee as they wear their dusty work clothes. The risk of loved ones being accidentally exposed is unfortunate and just adds to the tragic legacy of asbestos. But as this latest case shows, it is something that family members need to be made aware of.

Asbestos Lawsuits

Pittsburgh, PA: 72-year old Michael A. Hrycko, and is wife Joyce Hrycko have filed an asbestos civil suit against various companies engaged in the manufacture and distribution of products containing the fiber.

In their lawsuit, the Hrycko’s claim that Michael Hrycko was advised by doctors at Grandview Hospital in February 2012 that he has malignant mesothelioma, a type of cancer usually associated with asbestos exposure.

Hrycko worked as a machinist at various companies between 1960 and 2007. According to the lawsuit, it was during this period that Mr. Hrycko was exposed to asbestos-containing materials and asbestos dust and fibers which led to his eventual mesothelioma diagnosis.

The lawsuit states the asbestos mesothelioma is causing the plaintiff to experience “physical symptoms, impairment and disability.”

The defendants named in the asbestos lawsuit are: CBS Corp., Industrial Holdings Corp., Metropolitan Life Insurance Co., Plastics Engineering Co., Saint-Gobain Abrasives Inc., and Union Carbide Corp. (pennsylvaniarecord.com)

Asbestos Settlements

Oakland, CA: On June 5, 2013, an Oakland jury completed its award to plaintiffs Rose-Marie and Martin Grigg of a total of $27,342,500 in damages stemming from Mrs. Grigg’s asbestos-caused mesothelioma (Alameda County Superior Court Case No. RG12629580). Mrs. Grigg, now 82, was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.

Evidence introduced during trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on Kaylo showed that exposure to the asbestos in the product could cause fatal disease.

According to court documents, Owens-Illinois nonetheless advertised Kaylo as “non-toxic” and did not state that the product contained asbestos. Kaylo was packaged in boxes without warning about the health hazards associated with asbestos exposure.

The jury found that Owens-Illinois, Inc. manufactured a defective product, failed to adequately warn Mrs. Grigg, was negligent, and intentionally failed to disclose information about Kaylo-related health hazards to Mrs. Grigg. The jury also found that Owens-Illinois, Inc. acted with malice, oppression or fraud toward Mrs. Grigg.

The jury awarded Mrs. Grigg $12,000,000 in damages for her pain and suffering, Mr. Grigg $4,000,000 in damages for his loss of consortium, and $342,500 in economic damages. The jury also levied an $11,000,000 punitive damages verdict against Owens-Illinois, Inc. (prweb.com)

Asbestos Law

Falls City, NB: Vision 20-20, a Nebraska company, has been fined $25,000 for illegally disposing of asbestos. in an effort to save money. The company pled guilty to the illegal asbestos dumping, claiming it was an effort to save money.

According to a report by the Associated Press, In October 2010 Vision 20-20 hired an asbestos removal firm to work on a building scheduled for demolition. The asbestos abatement company was paid $24,000 for services to the roof, but additional work remained on floor tiles and flooring underneath the tiles. The company returned to the demolition site several months later to continue the work only to find the building had been demolished.

State officials determined Vision 20-20 illegally removed the asbestos and demolished the building in order to save $14,000.(SFGate.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma | 2 Comments »

Asbestos News Roundup: 6.3.13 – Asbestos & Summer Renovations

June 7th, 2013. By LucyC

Summer Renovation and Asbestos Exposure Risk

As summer heats up, many people may be considering a home renovation—large or small— decks, garden sheds, new siding or roofs—even new rooms.

But before you go smashing through walls and ripping out old insulation, piping and wiring or roofing tiles—do your homework. Dangers may lurk within the walls, ceilings or floors. If your home is older, chances are it contains asbestos.

For example, asbestos siding was commonly used in construction years ago, making older homes a danger zone for asbestos mesothelioma. Like flooring, siding material was covered by asbestos to make it more durable and fire retardant. When these materials are disturbed—ripped off or torn out for example, they release asbestos fibers into the air, which people in immediate proximity then breathe in.

Equally important, when considering renovations, is hiring a reputable contractor who has the appropriate qualifications and licensing to remove asbestos.

Asbestos Lawsuits

Charleston, WV: The Newsomes, a couple from Jackson, OH, have filed an asbestos lawsuit naming 42 companies they claim are responsible for Ronald Newsome’s lung injury diagnosis. On September 10, 2012 Mr. Newsome was diagnosed with asbestosis and pleural plaques, according to his lawsuit.

Ronald Newsome worked as a mixer, laborer and at other various trades from 1958 until 1992. Both he and his wife, Patsy Newsome, allege the defendants exposed him to asbestos and/or asbestos-containing products during this period.

Additionally, certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort.

Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit brought by a couple who allege the companies are responsible for a lung injury caused by asbestos exposure. John B. Kenyon was diagnosed with bilateral pleural plaques, on May 11, 2011, according to the lawsuit.

Mr. Kenyon and his wife, Peggy E. Kenyon, allege he was exposed to asbestos and/or asbestos-containing products during his employment as an estimator, warehouse employee/delivery person and sales person form 1964 until 2002.

The Kenyons are suing the defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Kenyon’s employers for deliberate intent/intentional tort, according to the suit.

The Kenyons are seeking a jury trial to resolve all issues involved. The 67 defendants include 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues | No Comments »

Asbestos News Roundup: 5.30.13 – Asbestos in Schools

May 31st, 2013. By LucyC

Asbestos in Schools—Did You Know?

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

Asbestos Lawsuits

Pittsburgh, PA: Frank Kozlowski and his wife, Marie, of Melbourne Beach, Fl, have filed a short-form complaint in the master asbestos litigation docket in Philadelphia on April 26 against 17 companies that they allege are responsible for exposing Frank to asbestos dust and fibers. This exposure, they plaintiffs claim, is responsible for Frank’s recent lung cancer diagnosis.

According to the lawsuit, Frank Kozlowski was a pack-a-day smoker from 1957 to 2006, and was diagnosed as having lung cancer by his Florida physician on Januray 21, 2013.

Mr. Kozlowski worked as a laborer from 1959 to 1962, at the Portsmouth Naval Yard in New Hampshire from 1963 to 1967, and as an auto worker at Ed Roth & Sons in Glassboro, NJ, in 1968, the complaint states. The suit also states Frank did additional automobile work throughout the 1970s, and spent time working at both the Bremerton Naval Yard and Naval Station Norfolk during the early-to-mid 1960s.

The following defendants are named in the complaint: Air & Liquid Systems Corp., Aurora Pump Co., Borg-Warner Corp., Byron Jackson Pumps, CertainTeed Corp., Dana Companies LLC, Foster Wheeler LLC, General Electric Co., Georgia Pacific LLC, Honeywell International Inc., IMO Industries Inc., Maremont Corp., Metropolitan Life Insurance Co., Owens-Illinois Inc., Pneumo Abex LLC, and Warren Pumps LLC.

The Kozlowskis are seeking damages as set forth in the master asbestos litigation at Philadelphia’s Common Pleas Court. The case ID number is 130404113. (pennsylvaniarecord.com)

Charleston, WV: 48 companies have been named as defendants by a couple who allege they are responsible for the husband’s diagnoses of lung cancer and asbestosis. On September 12, 2011, Kenneth Joseph Morris was diagnosed with lung cancer and asbestosis on April 30, according to their asbestos lawsuit. The Morrises claim the 48 defendants exposed Kenneth Morris to asbestos-containing products during his employment as an electrician from 1964 until 2001. According to the lawsuit, Morris smoked cigarettes for 30 years, but quit in 2001.

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, and certain defendants are also being sued as premises owners and as Kenneth Morris’ employers for deliberate intent/intentional tort.

The 48 defendants in the suit include: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations Inc.; Buffalo Pumps Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulcan Inc. Kanawha Circuit Court case number: 13-C-924 (wvrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues, lawsuits | No Comments »

Author Archive

Asbestos News Roundup: 7.4.13 – First Responders & Asbestos

July 4th, 2013. By LucyC

First Responders & Asbestos

Asbestos Lawsuits

Asbestos Settlements

Asbestos News Roundup: 6.20.13 – Are You at Risk for Asbestos Exposure?

June 20th, 2013. By LucyC

Asbestos Exposure—Who’s at Risk?

Asbestos Lawsuits

Asbestos Settlements

Asbestos News Roundup: 6.13.13 – Family Asbestos Exposure

June 13th, 2013. By LucyC

Asbestos Disease A Family Affair

Asbestos Lawsuits

Asbestos Settlements

Asbestos Law

Asbestos News Roundup: 6.3.13 – Asbestos & Summer Renovations

June 7th, 2013. By LucyC

Summer Renovation and Asbestos Exposure Risk

Asbestos Lawsuits

Asbestos News Roundup: 5.30.13 – Asbestos in Schools

May 31st, 2013. By LucyC

Asbestos in Schools—Did You Know?

Asbestos Lawsuits

« Older Entries

Newer Entries »

Find us on

Archive by Category