Asbestos Mesothelioma Archive
Asbestos News Roundup: 6.13.13 – Family Asbestos Exposure
June 13th, 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 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)
Asbestos News Roundup: 6.3.13 – Asbestos & Summer Renovations
June 7th, 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.
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.
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.
Additionally, certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort.
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)
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)
Asbestos News Roundup: 5.30.13 – Asbestos in Schools
May 31st, 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—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)
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)
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