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Asbestos News Roundup: 5.23.13 – Oklahoma Tornado Asbestos Risk
May 23rd, 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 Debris After F5 Tornado in Moore, OK
Photographs of the devastation wreaked by the F5 tornado that tore through the town or Moore, OK earlier this week, cannot accurately convey the full risk residents face as they begin cleaning up. Apart from sharp metal and electrical debris, contaminated water, lead paint and broken glass, there is the very real risk exposure to asbestos.
As was done following the tornado that flattened Joplin, MO, nearly two years ago to the day, the experts are warning that many of the homes in Moore were built with asbestos. In Joplin, 2,600 tons of asbestos debris were removed following the 2011 tornado. A similar scenario could be facing residents of Moore.
There was a building boom in Moore in the 1960s and 1970s, at least a decade before the dangers of asbestos became publicly known, and a time when asbestos was widely used in the construction industry. Many houses and other buildings in Moore likely contain asbestos—in roofing tiles, electrical insulation, toilet gaskets, furnaces, and dry wall mud, for example.
Because the chronic health effects of asbestos exposure may not become apparent for up to 30 years, the experts are recommending caution when cleaning up—wearing gloves and masks at a minimum.
You can find comprehensive recommendations for cleanup can be found at the Oklahoma Department of Environmental Quality’s website: http://www.deq.state.ok.us/tornado/tornado.html
Asbestos Lawsuits
New York, NY: An asbestos lawsuit has been filed on behalf of Moriah Center, NY, resident, Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper Mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry in the late 19th century. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
Jefferson County, TX: Chevron USA is facing an asbestos lawsuit filed by the children of the late Nathan Guillory. In their lawsuit, Randall Guillory, Lindall Guillory and Beth Harper allege the company exposed their father, Nathan Guillory, to asbestos dust and fibers. As a result, he developed asbestos related diseases and died on May 23, 2011.
The suit alleges Chevron knew for decades that asbestos could cause cancer and yet still allowed employees to work around the mineral without warning them of the dangers.The plaintiffs are suing to recover exemplary damages. (setexasrecord.com)
Asbestos Lawsuits and Bankruptcy
In a recent ruling, US Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware has determined that Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), may owe current and future victims of asbestos poisoning $1.17 billion.
Bloomberg USA is reporting that “the judge sided with lawyers representing asbestos claims and rejected the method Bondex and Specialty Products Holding Corp. used to estimate they owed no more than $575 million.”
“We decline to accept debtors’ novel approach in this case,” Fitzgerald wrote in her opinion.
In May, 2010, Bondex and Specialty Products filed for bankruptcy in May 2010. (Bloomberg.com)
Asbestos News Roundup: 5.16.13 – Wildfire Asbestos Exposure
May 16th, 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.
California Wildfire Asbestos Exposure
As wild fires devastate homes in southern California, many people will 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
Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit filed by John B. Kenyon and his wife Peggy E. Kenyon. Diagnosed with bilateral pleural plaques on May 11, 2011, Mr. Kenyon alleges the defendants caused his lung injury by exposing him to asbestos.
The Kenyons’ lawsuit alleges Mr. Kenyon was exposed to asbestos and/or asbestos-containing products from 1964 until 2002, throughout his employment as an estimator, warehouse employee/delivery person and sales person.
Kenyon is 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 lawsuit.
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)
Charleston, WV: On January 7, 2013, Jimmie Elliott Epling Sr, was diagnosed with asbestos mesothelioma. In his recently filed asbestos lawsuit, he and his wife, Ernestine Epling, name 56 companies they claim are responsible for his diagnosis.
The couple allege the defendants exposed Mr. Epling to asbestos and/or asbestos-containing products during his employment as an orderly, machinist and operator from 1952 until 2000.
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. Certain defendants are also being sued as premises owners and as Epling’s employers for deliberate intent/intentional tort.
The 56 defendants named in the suit include: 3M Company; A.W. Chesterton Company; Amdura Corporation; Bucyrus International Inc.; Buffalo Pumps Inc.; CBS Corporation; Caterpillar Inc.; Clark Equipment Company; Certainteed Corporation; and Cleaver Brooks Company Inc. (wvrecord.com)
Jefferson County, TX: Chevron has been named as a defendant in as asbestos lawsuit brought by the children of the late Nathan Guillory. Randall Guillory, Lindall Guillory and Beth Harper allege Chevron USA exposed their father to asbestos dust and fibers throughout the course of his employment with the oil company. As a result, he developed asbestos related diseases and died on May 23, 2011, the lawsuit states.
The lawsuit claims Chevron knew for decades that asbestos could cause cancer and still allowed workers to work around the mineral without warning them of the dangers. (setexasrecord.com)
Asbestos News Roundup: 5.9.13 – Second-Hand Asbestos Risk
May 9th, 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.
Family Members at Risk for Asbestos Disease
The recent case of John Mays, below, who died from mesothelioma, highlights how asbestos dust represents a danger not just to those who worked in heavy industry, but also to their family members who were in daily contact with them.
The lawsuit filed on behalf of the estate of the late John Mays, claims he suffered secondary asbestos exposure through his father who was a laborer. Recently, we also reported on the case of a 78-year old women succumbed to asbestos mesothelioma which she developed as a result of having breathed in second-hand asbestos fibers as she shook out the work clothes of her husband and son, who worked at a power station.
There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure—secondary exposure caused, 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
Schenectady, NY: An asbestos lawsuit has been filed on behalf of Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the asbestos lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
St. Clair, IL: An asbestos lawsuit has been filed on behalf of Neda Flake-Mays, who is special administrator of the estate of John Mays, alleging 60 defendant companies caused Mays to develop lung cancer after his exposure to asbestos-containing products throughout his career.
According to the lawsuit, Mays worked as a bulldozer driver at Job Corps Cooking from 1963 until 1965, as flooring maker at E.L. Bruce from 1965 until 1967, as a wood paneling maker at Evans Products from 1967 until 1969 and as a chemical mixer and operator at Humko Chemical from 1969 until 1991. The complaint also claims Mays suffered secondary asbestos exposure through his father who was a laborer at Nikki Brothers.
Flake-Mays lawsuit claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ or their deceased relative’s safety.
As a result of his asbestos-related diseases, the lawsuit states Mays became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, Mays became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.
In her 10-count complaint, Flake-Mays is seeking a judgment of more than $150,000, economic damages of more than $200,000, punitive and exemplary damages of more than $50,000, 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.
Asbestos News Roundup: 5.2.13 – Navy Vets and Asbestos Risk
May 2nd, 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 Lawsuits
New Orleans, LA: several corporations are facing an asbestos mesothelioma lawsuit filed by a woman from St. Tammany Parish who alleges each company contributed to her contraction of the asbestos-related disease.
Sharon Laurent filed her asbestos lawsuit against CRS Limited, Eagle Inc., Georgia-Pacific LLC and Taylor Seidenbach in the Orleans Parish Central District Court.
Laurent alleges that due to her household exposure to asbestos containing products manufactured by the defendants she contracted mesothelioma.
The defendants are accused of lack of warning or sufficient and timely warning of the hazards of their products would present on the course of the normal and intended use, lack of safety instructions to eliminate or reduce the health risk associated with the use of their products and failing to inspect products to assure sufficiency and adequacy of warnings and safety precautions.
An unspecified amount is sought for all medical expenses, loss earnings, mental suffering, physical pain and suffering and loss of quality of life. (LAreceord.com)
Asbestos Clean Up
Columbia, MO: Residents of an apartment building in Columbia, who lost everything in a fire that all but consumed the building, have now learned that the fire, clean-up and subsequent rains have triggered a safe level of asbestos in the building to become toxic, said Melissa DeCicco, the marketing manager for Mills Apartments, the St. Louis-based company that owns the complex.
DeCicco said the asbestos has made it dangerous for residents to take back most of their possessions. “Anything of sentimental value, the contractor will try and get back in and have them cleaned for free, but those are the only things that we can really get out,” she said.
None of the residents of the 66 apartments will be able to move back in for a long time, DeCicco said, though how long is unknown. She couldn’t say exactly how many residents were displaced. (columbiamissourian.com)
Asbestos News Roundup: 4.26.13 – Top Risk Jobs for Asbestos Exposure
April 26th, 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 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
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: Carol Phillips and the Estate of Robert Lee Phillips have filed an asbestos lawsuit against ABB Combustion Engineering Inc., Centerpoint Energy Inc., Associated Electric Cooperative Inc., Nebraska Public Power District, and City of Grand Island in St. John the Baptist District Court.
Mrs. Phillips alleges her husband died from asbestos exposure. He worked for the defendants for various times from 1956 until 1980, and, the lawsuit contends she was exposed, on numerous occasions, to asbestos or asbestos-containing products and inhaled great quantities of asbestos fibers. Phillips developed mesothelioma and subsequently died as a result of his alleged exposure, the lawsuit claims.
The asbestos lawsuit claims negligence and premises liability for failing to provide a safe place to work, failing to inspect, approve, and supervise the work of Philips and his co-workers, failing to provide adequate warnings, physical examinations, safety equipment, ventilation, and breathing apparatus to prevent Phillips from being harmed by exposure to asbestos, failing to comply with the applicable regulations regarding workplace exposure to asbestos, failing to provide adequate safety equipment, and failing to protect Phillips from any asbestos exposure, on the part of the defendants.
Mrs. Phillips is seeking an award of wrongful death and survival damages for physical pain and mental anguish, pain, medical expenses, physical impairment, total disability, loss of earning capacity and wages, expenses for domestic help and nursing care, loss of love and affection, loss of services, medical expenses, funeral expenses, attorney’s fees, interest, and court costs.
Los Angeles, CA: A construction worker who developed a highly aggressive cancer after his exposure to asbestos, has settled pre-trial for $7.5 million. The plaintiff brought his asbestos lawsuit against several of the companies that manufactured the asbestos-containing materials.
The plaintiff was a construction worker in the 1970s and ‘80s, helping install underground water and sewer lines beneath the Sacramento Valley city of Chico. His job involved working with pipes made from a concrete-asbestos compound, which he would cut with a gasoline-powered saw. The cutting generated an enormous amount of cement-asbestos dust, which left the plaintiff covered head to toe by the end of the day. The plaintiff was later diagnosed with pleural mesothelioma, an aggressive form of cancer, also rare except where attributable to asbestos exposure.
The plaintiff filed the lawsuit in the Superior Court of Los Angeles County, seeking damages on a defective product liability action. The plaintiff sought recovery of medical expenses, lost wages, and non-economic recovery. The defendants named were several companies who manufactured, sold or delivered the asbestos-containing pipes the plaintiff worked with, including Parex USA, Westburne Supply, John K. Bice Co., Los Angeles Rubber, Hajoca Corp., Hanson Permanente Cement, Keenan, Properties, J-M Manufacturing, Certainteed Corp., Ferguson Enterprises, Grinnell Corp., Amcord, Ameron International and Calportland.
Asbestos Manufacturer Files for Bankruptcy
On Monday, April 22, 2013, Yarway Corporation filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to papers filed by Yarway with the Bankruptcy Court, the company’s origins go back to 1908 when it started manufacturing pipe clamps, steam traps and valves. The company was privately owned until 1986, when it was sold to Keystone International, Inc. Keystone was purchased by Tyco International Ltd. in 1997.
According to its Declaration, Yarway “allegedly manufactured, distributed and/or sold asbestos-containing products, which ceased entirely by 1988.” The company stopped its manufacturing operations entirely in 2003 when it sold its manufacturing facility to an unrelated third party. Id. Even after the company sold off its manufacturing assets, it remained in existence in order to “defend, process and satisfy asbestos-related claims asserted against it.” These asbestos related claims are the basis for Yarway filing for bankruptcy.
Yarway contends that its bankruptcy filing is the result of the continued flow of asbestos-related claims due to human exposure to the company’s asbestos-containing products. The company places the asbestos claims in two primary categories: (1) claims stemming from exposure to Yarway’s gaskets and packing that was manufactured between the 1920s to the 1970; and (2) claims relating to the manufacture of joint packing consisting of Teflon and asbestos from the 1940s to the 1970s.
Yarway is faced with an enormous amount of asbestos-related litigation. The company contends that it was first named as a defendant in a lawsuit in 1991. In the last five years over 10,000 new asbestos-related claims have been asserted against the company. Since the beginning of Yarway’s fiscal year (October 1, 2012), Yarway has received over 1,000 new asbestos claims. In the past five years, Yarway has paid over $128 million in settlement costs for asbestos claims. That number reached $18 million for this fiscal year alone.
Yarway contends that in 2012 it settled the last of its insurance policies known to provide coverage for asbestos-related claims. The company believes it has no additional insurance coverage for future claims. By filing for bankruptcy, Yarway hopes to “negotiate, obtain approval of, and consummate a plan for reorganization that establishes an appropriately funded trust to provide for the fair and equitable payment of legitimate current and future Yarway asbestos claims …” (MondaqNews.com)
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