Asbestos Mesothelioma Archive
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)
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)
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)
Asbestos News Roundup: 3.15.13 – Who’s At Risk for Asbestos Disease?
March 15th, 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?
This week, a $7.5 million asbestos lawsuit settlement concerning a construction worker who developed a highly aggressive cancer after his exposure to asbestos, made the news. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.
In the 1970s and 1980s, the plaintiff was a construction worker 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.
But construction workers aren’t the only trades at increased 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
Additionally, the ATSDR 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
Fonda, NY: The family of a recently deceased man who spent part of his career as a plumber has filed an asbestos lawsuit against a local plumbing company, alleging the company is responsible for his death from asbestos mesothelioma resulting from his repeated contact with asbestos.
Josephine Jaworski, the widow of Joseph Jaworski, filed the lawsuit on behalf of herself and her late husband’s estate. The defendant is A. Mormile Plumbing & Heating of Amsterdam. Among the claims in the lawsuit are wrongful death, negligence and loss of consortium.
According to a report in the LeaderHerald.com, “This is the second lawsuit Josephine Jaworski has filed against the company. A similar lawsuit claiming negligence filed in state Supreme Court in Johnstown in June 2011 named more than 100 other defendants, including CBS, Ford, General Electric, Goodyear and Sears, but the case was disposed before coming to trial, according to court records.
According to his obituary, Joseph Jaworski was 83 years old when he died July 17, 2011—less than a month after the first lawsuit was filed.
Neither lawsuit specifies when Jaworski was employed by A. Mormile Plumbing & Heating. The 2011 lawsuit says “for a period of many years” Jaworski was exposed to asbestos “while working in various shipyards, steel mills, refineries, paper mills, chemical plants, industrial sites and other facilities” or was exposed through normal use of asbestos products.” (leaderherald.com)
Charleston, WV: 70 companies have been named as defendants in an asbestos lawsuit filed by James E. Preston and his wife, Nancy J. Preston. The Prestons claim that the defendants are responsible for Mr. Preston’s diagnosis of asbestosis. He was diagnosed on June 27, 2011.
The lawsuit states that during his employment as a laborer and instrument maintenance worker from 1953 until 1997, Mr. Preston was exposed to asbestos and/or asbestos-containing products.
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.
The 70 defendants named in the suit include: 3M Company; 4520 Corporation, Inc.; Ajax Magnethermic Corporation; Allied Chemical Corporation; A.O. Smith Corporation; A.W. Chesterton Company; American Electric Power; American Electric Power Service Corporation; Appalachian Power Company; and Aurora Pump Company.
Charleston, WV: 73 companies are being sued in an asbestos lawsuit filed by John William Taylor, who alleges the defendants are responsible for his lung injury.
Taylor was diagnosed with a lung injury on July 24, 2012. Taylor and his wife Carol allege the defendants exposed him to asbestos and/or asbestos-containing products during his career as a laborer, maintenance worker and electrician from 1955 until 1988.
The Taylors claim the defendants are being sued for 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 premises owners and as John Taylor’s employers for deliberate intent/intentional tort, according to the suit.
The 73 defendants include: A.O. Smith Corporation; A.W. Chesterton Company; 3M Company; Allegheny Energy Service Corporation; American Electric Power Company, Inc.; American Electric Power Service Corporation; Appalachian Power Company; Aurora Pump Company; Beazer East; and Borg-Warner Corporation.
Asbestos Settlements
Los Angeles, CA: A construction worker who developed a highly aggressive cancer after his exposure to asbestos, has resolved his asbestos lawsuit against the defendant companies for $7.5 million prior to trial. The plaintiff brought suit against several of the companies that manufactured the materials. The defendants severally denied liability.
In the 1970s and 1980s, the plaintiff was a construction worker 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 News Roundup: 3.8.13 – Second-Hand Asbestos Risk
March 8th, 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 Risk for Family Members
The recent case of a woman in her 70s who died from 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.
The 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
Charleston, WV: A couple from Kentucky has filed an asbestos lawsuit naming 57 companies they allege are responsible for Arthur Benjamin Jr.’s recent diagnosis of asbestosis.
Mr. Benjamin Jr. was diagnosed with asbestosis on August 20, 2012.
Benjamin and his wife, Jackie L. Benjamin, allege the defendants exposed Mr. Benjamin to asbestos and/or asbestos-containing products during his career as a laborer from 1968 until 2001.
The defendants are being sued 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 Arthur Benjamin’s employers for deliberate intent/ intentional tort, according to the lawsuit.
The 57 defendants in the suit include: 3M Company; A.K. Steel Corporation; Ashland, Inc.; A.W. Chesterton Company; Amdura Corporation; Bucyrus International, Inc.; CBS Corporation; Caterpillar, Inc.; Clark Equipment Company; and Certainteed Corporation
Asbestos Settlements
New York, NY: A $35 million settlement has been reached in an asbestos personal injury lawsuit brought by Ivo John Peraica, an asbestos removal worker who died in December from cancer caused by asbestos. The New York Supreme Court jury that heard Peraica’s case returned its verdict Friday, awarding the multi-million dollar settlement to the Croatian-born worker.
Peraica, of Queens, worked for eight years for New York-area contractors removing asbestos insulation from boilers, pumps, and other equipment. He died from complications related to Mesothelioma, a cancer whose only known cause is exposure to toxic asbestos fibers.
Peraica was represented by mass tort and personal injury lawyers Jerry Kristal, Adam Cooper, and Danny R. Kraft, Jr. of the firm Weitz & Luxenberg, P.C. The lawsuit claimed that Peraica’s disease was caused by years of inhaling the asbestos dust stirred up each time he stripped asbestos insulation from the equipment at his jobsites—equipment which, according to testimony, was devoid of any warnings about the dangers of asbestos.
The sole defendant at the time of the verdict—industrial products manufacturer Crane Co—argued that other companies and even Peraica himself were responsible for his exposure to asbestos, but the jury ultimately heaped blame on the Stamford, CN-based company, saying it had acted with reckless disregard for consumers’ safety.
Peraica, a Local 12 Heat and Frost Insulators union member, worked removing asbestos for almost a decade: from the week he moved his family to New York from Croatia in 1978 until he stopped doing asbestos removal work in 1986. Peraica’s widow, Milica, survives him, as do three daughters, one of whom testified at trial to her father’s pain and suffering.
Peraica was unable to testify in person, but before he died on December 28, provided four days’ worth of deposition testimony that Weitz & Luxenberg’s trial team was able to read into evidence.
By the time Peraica’s trial was underway, he was too sick to take part in it. Kraft, a lawyer in Weitz & Luxenberg’s asbestos unit, told the jury Peraica was “a fighter” who would do anything it took to testify in his trial, but likely would be unable to as he quickly deteriorated under medical care.
“This verdict is important because it shows we reached the jury,” Kraft said. “We were able to impress upon them how important it is to hold companies accountable for failing to protect workers like Mr. Peraica. Companies like Crane Co. made millions knowing that workers handling their products would come in contact with asbestos, but never provided warnings. What’s even more alarming is that Crane Co. admitted at trial to having knowledge about the dangers of asbestos that dates to the 1930s. Weitz & Luxenberg isn’t comfortable with that fact, and I don’t think the jury was either.”
Peraica’s case began as a consolidated trial of seven plaintiffs against a number of large corporate defendants. By the time the jury began deliberations, the other plaintiffs and defendants had resolved their cases, leaving only Peraica and his claim against Crane Co.
The trial was held in New York State Supreme Court before Justice Martin Schulman.
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