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Asbestos News Roundup: 4.18.13 – Asbestos in Schools, Libby Delays

April 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.

School Kids at Risk for Asbestos Exposure?

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

Charleston, WV: William Eugene Miller, from Wheelersburg, Ohio, is suing 60 companies he alleges caused his lung cancer.

Miller was diagnosed with the asbestos-related illness on April 21, 2011. According to his asbestos lawsuit, the defendants exposed Miller to asbestos and/or asbestos-containing products during his employment as a laborer from 1947 until 1995, according to a suit. 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 lawsuit.

Chicago, IL: A developer renovating a nursing home in uptown Chicago is facing an asbestos lawsuit brought by Attorney General Lisa Madigan. The eight-count lawsuit cites environmental violations related to the faulty removal of asbestos from the nursing home by Somerset Place Realty, the new owner of the property at 5009 N. Sheridan Rd.

Developer Zidan Management Group and general contractor Dubai, Inc., were also named in the lawsuit, which seeks $400,000 in damages ABC7Chicago reported.

“Unfortunately, careless mishandling of this dangerous substance posed a health threat,” Madigan said in a release Wednesday. “This legal action will ensure the workers take appropriate precautions and the contractors effectively clean up the location.”

Both city health inspectors and inspectors with the Illinois Environmental Protection Agency) allegedly saw workers “wearing only paper respirators,” and indicated they “were not dressed properly for asbestos removal,” according to Madigan’s office.

The workers were also “removing pipe insulation, tile and mastic containing asbestos without enclosures and without following the proper wetting procedures,” Madigan’s office said.

Madigan’s complaint against Zidan, Somerset and Dubai alleged “substantial danger to the environment, air pollution, violation of asbestos inspection, emission control and disposal procedures, and violations regarding state and local notification of asbestos removal.” (ABC7chicago.com)

EPA Comes Under Fire for Libby, Montana Cleanup

Billings, MT: The Environmental Protection Agency (EPA) is coming under fire by internal investigators for “years of delays” in completing health studies that are necessary to inform the ongoing cleanup at the infamous asbestos mining town of Libby.

Hundreds of people living in and around Libby have died from asbestos exposure resulting directly from the mining activities of WR Grace, which mined vermiculite asbestos and made insulation from it, for years.

In 2009, the area where Libby is, some 50 miles from the US-Canada border, was declared a public health emergency, but that was 10 years after federal regulators initially responded to concerns over asbestos dust that came from a WR Grace vermiculite mine. The insulation was used in millions of US homes.

To date, the cleanup has cost at least $447 million, and it will continue, with between 80 and 100 properties remaining to be remediated this year and several hundred still waiting for remediation dates.

Meanwhile, Libby remains under a public health emergency declaration issued by then-EPA administrator Lisa Jackson in 2009. Deaths resulting from the WR Grace asbestos exposure will likely continue for decades due to the long latency of asbestos-related diseases. As for the mine itself, cleanup work has only just begun. WR Grace closed the mine in 1990 and filed bankruptcy, but the mine remains its responsibility. (Associated Press)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma, EPA, Libby MT, WR Grace
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Asbestos News Roundup: 4.11.13 – Surgeon General’s Asbestos Statement

April 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.

No Safe Level of Asbestos Exposure – Surgeon General Issues Statement

On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning 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.

Asbestos Lawsuits

Charleston, WV: Wayne Junior Rider, who was diagnosed with an asbestos related lung injury on January 28, 2012, has filed an asbestos lawsuit naming 55 companies he alleges are responsible for his illness.

In his lawsuit, Rider claims the defendants exposed him to asbestos and/or asbestos-containing products during his employment at various work sites in and around West Virginia from 1944 until 1980.

Rider is suing the defendants 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.

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

The 55 defendants in the suit include: 3M Company; A.C.F. Industries; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; CBS Corporation; Certainteed Corporation; and Cleaver-Brooks Company, Inc. (wvrecord.com)

Jefferson County, TX: Ann Skelton, the recent widow of Robert Skelton, has filed an asbestos lawsuit naming E.I. DuPont De Nemours as the defendant. In her lawsuit, Skelton claims the company exposed her late husband to asbestos throughout the course of his career, and that exposure subsequently led to the illness which caused his death.

According to the lawsuit, DuPont employed Robert at its Beaumont Works facility, where he was exposed to asbestos containing products.

The lawsuit alleges that as a result, he developed lung cancer, “from which he died a painful and terrible death on February 6, 2013.”

The defendant is accused of using benzene products without warning workers of the health risks and failing to take proper safety precautions. Skelton alleges the defendant acted with malice, entitling her to exemplary damages. (setexasrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma
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Asbestos News Roundup: 4.4.13 – Asbestos in Construction

April 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.

Construction Materials Containing Asbestos

Many of the materials used in construction, including welding, pipe fitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now.

Asbestos Lawsuits

Charleston, WV: The wife and children of the late Louis Darjean have filed as asbestos lawsuit naming Chevron, Exxon Mobil, Shell Oil, Huntsman Petrochemical, Guard-line, Triplex, Elliott Turbomachinery, Yarway Corporation and Zurn Industries as defendants responsible for Darjean’s diagnosis of asbestos lung cancer and subsequent death.

Specifically, the asbestos lawsuit claims that Darjean’s illness was caused by his exposure to the lethal carcinogen as fibers and dust during his work as a supervisor at a local refinery.

Pamela Herbert, Mary Darjean and Ricky Darjean filed a lawsuit against on February 5 in Jefferson County District Court, which claims that although the defendants knew about the harms of asbestos for decades, they failed to warn Louis Darjean of the product’s danger and failed to ensure that its employees were not exposed to the carcinogen.

The Darjeans are seeking a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court and exemplary or punitive damages, plus interest at the legal rate, costs and other relief the court deems just. (wvrecord.com)

Pittsburgh, PA: Frank K. Nethken, 82, a former mayor of the City of Cumberland in Maryland, and his wife Velma, have filed a mass tort asbestos injury claim after Mr. Nethken received a diagnosis of lung cancer on January 30. Mr. Nethken was mayor from 1978 to 1982.

The lawsuit, filed on March 25th, names CSX Transportation as the defendant, and alleges the company exposed Mr. Nethken to products containing asbestos during his working years. The lawsuit claims that Mr. Nethken’s lung cancer diagnosis was a direct result of that exposure.

Frank Nethken worked as a United States Navy ground controller, as a machinist at Cumberland Steel, as a rocket inspector for Allegheny Ballistics Lab, (now ATK Rocket Center in West Virginia), and as a machinist for B&O Railroad. He was exposed to asbestos in all of these positions, the lawsuit alleges. Furthermore, Nethken believes he was exposed to asbestos fiber or asbestos products manufactured, sold, distributed or otherwise placed into the stream of commerce by the defendants.

The Nethkens are seeking damages in excess of $100,000, plus interest, costs and unspecified punitive damages. (pennsylvaniarecord.com)

Pittsburgh, PA: A 92-year–old man has filed a mass tort asbestos claim, alleging he suffers from pulmonary asbestosis as a result of working with products containing asbestos fiber. William J. Filandino and his wife, Edith, claim that on February 14, 2013, William Filandino was diagnosed with pulmonary asbestosis, which causes pulmonary impairment and disability causally related to asbestos exposure and asbestos disease with symptoms, including but not limited to, shortness of breath.

Filandino claims that he was exposed to asbestos during portions of his employment with Nicolet Industries, during which he worked as a spray painter, shipper, dryer, and utility man. The lawsuit also claims he was also exposed to asbestos while performing home improvement work and vehicular maintenance work through the course of his career which included working as a laborer, saw cutter and machinist.

Notably, Filandino states in his asbestos lawsuit that he also served in the United States Marine Corp.,from 1943 to 1945.

The defendants named in the Filandino complaint are: Asbestos Corp. Limited; Bell Asbestos Mines LTD; BNS Co.; Certain-Teed Corp.; DAP Inc.; The Drever Group; Foster Wheeler Corp.; Honeywell International Inc.; IPA Systems Inc.; Keeler/Dorr-Oliver Boiler Co.; Metropolitan Life Insurance Co.; Pep Boys; Union Carbide Corp.; and Weinstein Supply Co. (pennsylvaniarecord.com)

Pittsburgh, PA: Crystal Painter, of Shepherdstown, WV, has filed an asbestos mass tort claim on behalf of her late husband, Timothy E. Painter, who, in April 2010, was diagnosed with asbestos-related lung cancer. Mr. Painter was in his early 50s at the time, lawsuit states.

The lawsuit alleges Mr. Painter’s cancer was a direct result of his exposure to asbestos containing products while working as a trackman and machine operator for B&O Railroad and CSX Transportation in West Virginia from June 1979 to December 1990, and as a signal maintainer for CSX in Maryland from January 1991 to May 2010. The lawsuit, which names CSX as a defendant, said that Timothy Painter might have also been exposed to asbestos at other worksites, although investigation is continuing.

Mrs. Painter is seeking in excess of $50,000 in damages, plus interest and $50,000 in punitive damages on behalf of her late husband. (pennsylvaniarecord.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 3.28.13 – Check your Furnace

March 28th, 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.

Hot Air Furnaces & Asbestos Risk

Hot-air furnaces are a popular way to heat a house. In Canada alone, millions have been sold over the years. However, as one man discovered recently, the older models of these 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, could well still be in operation—they have a lifespan of some 50 years or more. As the gaskets 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.

Colinet, NewFoundland: A Canadian man who began renovating his house in Colinet, has had a nasty shock. He discovered that a gasket that acts as a heat shield inside his furnace contains asbestos.

Keith Tremblett, who worked as a mechanic for more than 20 years, could easily have replaced the worn-out part, but thankfully, he thought twice about it.

“In the process of taking it apart and doing the repairs, I was looking at the gasket and I was saying, ‘Jeez, I wonder what material that’s made out of, and should I be concerned here with what I’m dealing with?’ ” he recalled.

Instead of taking unnecessary risks, he contacted the furnace manufacturer, Newmac Furnaces. Sure enough, a company representative told Tremblett that given the age of the unit, the gasket likely contained asbestos and should be replaced.

But the fact that the gasket had virtually disintegrated, and likely did contain asbestos, caused Tremblett deep concern. “All I found was remnants of it,” he said. “It’s not even a full sheet anymore. It’s just remnants of the gasket and most of the material, I would have to assume, is either within the duct work or throughout the house.”

If asbestos fibers are released into the air, they can be inhaled and become lodged in the lungs. Over time, that can lead to asbestosis—which impairs lung function, and is incurable—or a number of deadly cancers including asbestos-related lung cancer.

Tremblett was not happy with the way the manufacturer handled his concern–they simply told him to remove the gasket. “I think they handled it truly unprofessionally,” he said. “Their recommendation to me was to wet it down and remove it.”

According to a report by CBCNews, Health Canada banned asbestos use in furnaces in the early 1980s. But they did not issue a recall or even a public warning about the potential danger. For their part, Health Canada says it has regulated the use of asbestos in Canada since the late 1970s, but that no warnings or alerts have been issued on this specific issue (CBCNews.com).

Instead, the agency says the effects of asbestos exposure are well known and available on its website, and urges anyone who suspects their furnace contains asbestos to have it inspected by a qualified technician.

For Keith Tremblett, this response is sorely lacking. He believes Health Canada should take some responsibility.

Three decades later, asbestos is still posing a clear and present danger, and in this incidence, as the lifespan of a furnace is about 50 years, any number of people could have been lethally exposed to asbestos. (CBC.ca)

Uniondale, NY: Over 100 current and former workers at the Nassau Coliseum in Uniondale are alleging they have suffered long-term exposure to the lethal carcinogen which has made them gravely ill. The plaintiffs in the pending asbestos litigation worked in the arena as carpenters and electricians.

According to a report by Newsday, about 140 people have filed notices of claim, the first step towards filing asbestos lawsuits. CBSNews reports that the lawsuits could be consolidated into an asbestos class action, which would seek between $500 million and $1 billion in compensation. The state will inspect the property to establish whether or not asbestos is present and therefore poses a health threat. However, attorneys for the prospective plaintiffs have not waited for the state inspectors to make their pronouncements. An asbestos lawyer representing a collection of the plaintiffs told CBS 2 that bulk samples have been sent to three separate laboratories, all coming back with dangerous levels of asbestos.

The 41-year old stadium has a rich history, having hosted, among others, Elvis, David Bowie and Queen in concert, as well as being used by the National Hockey League. (CBSNewYork/AP)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 3.21.13 – California Asbestos Dust

March 21st, 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 Dust in California Buildings

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: Denise Tate has filed an asbestos lawsuit on behalf of Ervin Dallas Mayes, who was diagnosed with asbestos-related lung cancer in April 2010, and subsequently died on May 5, 2011.

In her asbestos lawsuit, Tate alleges 68 defendants are responsible for her family member’s lung cancer and death.

Tate’s asbestos lawsuit contends that the defendants exposed Mayes to asbestos and/or asbestos-containing products during his employment as a laborer and carpenter from 1955 until 1995, according to the lawsuit.

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

Certain defendants are also being sued as premise owners and as Mayes’ employers for deliberate intent/intentional tort, according to the lawsuit.

The 68 companies named as defendants include 3M Company; A.W. Chesterton Company; Allied Chemical Corporation; Ashland, Inc.; Aurora Chemical Corporation; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; BW/IP, Inc.; and CBS Corporation.(wvrecord.com)

St. Clair, IL: Leonard and Monica Freed have filed an asbestos lawsuit naming 69 companies as being responsible for Leonard Freed’s diagnosis of asbestos-related lung cancer.

In their lawsuit, the Freeds allege that Mr. Frees was exposed to asbestos-containing products throughout his career. He worked as an apprentice and electrician’s helper for electrical contractor Dan House from 1965 until 1966; for Florida Power and Light from 1967 until 1996; as a helper at the Fort Myers plant from 1967 until 1968; at the Turkey Point Plant in Homestead, FL, from 1968 until 1971; and as an apprentice mechanic, instructor for control specs and senior plant technician from 1971 until 1992.

The Freeds claim that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff. Consequently, Mr. Freed’s resulting asbestos-related disease caused him to become disabled and disfigured, incurred medical costs and suffer great physical pain and mental anguish. Further, the lawsuit states Mr. Freed became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.

The Freeds are seeking punitive and exemplary damages of more than $150,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish and a judgment of more than $100,000, plus costs and other relief. (madisonrecord.com)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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