Asbestos Mesothelioma Archive

Asbestos News Roundup: 12.27.12 – Welder, Pipefitter Asbestos Risk

December 27th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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 Risk for Welders, Construction Workers and Millwrights

Many of the materials used in construction, including welding, pipefitting, 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. Just such a situation is currently being reviewed by the Workers’ Compensation Board of West Virginia, as we detail below.

Asbestos Lawsuit

St. Clair County, IL: An asbestos lawsuit naming B.F. Goodrich and Michelin North America as defendants has been filed by the widow of the recently deceased Herbert Carmon.

According to the asbestos lawsuit, Carmon was employed by B.F. Goodrich in Jefferson County, where he was exposed to asbestos dust and fibers. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on July 24, 2011,” the lawsuit states.

The lawsuit accuses the defendants of negligently failing to warn employees of the dangerous of asbestos. Carmon’s widow is suing for exemplary damages. (setexasrecord.com)

Asbestos Workers’ Compensation

Charleston, WV: A decision by the West Virginia Workers’ Compensation Board (WCB) has been overruled by the state Supreme Court, in a case of occupational pneumoconiosis.

In his Workers’ Compensation claim, Jeffrey Murray alleges that as a result of his exposure to dust during his employment with Alcan Rolled Products he now suffers from occupational pneumoconiosis.

A Mr. Merrifield, an industrial hygienist for Alcan, acknowledged the presence of “asbestos, refractory ceramic fibers, and fiberglass” that had the potential of becoming airborne at the plant during the time of Murray’s employment. However, Merrifield claimed the levels of airborne fibers were not at such a level so as to be harmful to Murray after February 13, 1994.

The judges hearing Murray’s case found the data used to back up Merrifield’s assertions did not fully meet the criteria demanded by the applicable state statute. Specifically the judges wrote “there was no sampling data covering the area where Mr. Murray worked when he was employed in the finishing department from February 14, 1994, to March 7, 1994, or when he was employed in the plate department from November 21, 2002, to January 19, 2003.”

The panel of WBC judges also found a “lack of consistency in the time period between sampling conducted in each department” and that these failures triggered a statutory presumption that Murray’s respiratory issues were due to occupational hazards at Alcan.

However, the Board of Review has overruled the Board of Judges, asserting that Alcan was in compliance with OSHA’s dust limits during the times in question and Murray was therefore not entitled to the statutory presumption that his illness was caused by his employment hazards. Specifically, the Supreme Court found fault with both the Board of Judges and the Board of Review. At issue was the amount of time Murray was allegedly exposed to asbestos. They have remanded the case back to the board for proceedings consistent with its opinion. (wvrecord.com)

Asbestos Law

Anchorage, AK: An Alaska company has been fined $70,000 and placed on three years of probation for releasing asbestos into the air in Anchorage.

Chief US District Court Judge Ralph R. Beistline (BISTE’-line) last week also ordered Copper River Campus to hire an environmental consultant to make sure it commits no more violations. Copper River Campus owns and manages buildings used by Copper River Seafoods on East 5th Avenue.

The US Attorney’s Office says the company knew buildings contained dangerous asbestos but ordered them to be demolished or renovated in March 2010.

Inspectors from the Environmental Protection Agency halted the work. Prosecutors say the work put friable chrysotile asbestos, the most common variety, into the air. (insurancejournal.com)

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

Asbestos News Roundup: 12.20.12 – Auto Mechanic Asbestos Exposure

December 20th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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.

Auto Mechanics & Asbestos Disease

Auto mechanics are at risk for asbestos-related disease, without being aware of it. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

St. Clair County, IL: 31 companies have been named as defendants in an asbestos lawsuit filed by George Norris. In his complaint, Norris alleges the defendants caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career as a welder at Federal Paper Mill. He worked there from 1956 until 1988.

Norris alleges the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of his asbestos-related disease, Norris alleges he has incurred medical costs and suffered great physical pain and mental anguish. Further, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.

Norris is seeking a judgment of more than $50,000, economic damages of more than $150,000, compensatory damages of more than $150,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish various defendants for their wrongdoing. (madisonrecord.com)

Charleston, WV: Elmer Lee Workman and his wife, Dorsey Workman, have filed an asbestos lawsuit naming 46 companies they claim are responsible for his asbestosis diagnosis.

On November 21, 2010, Mr. Workman was diagnosed with asbestosis. According to his lawsuit Workman was exposed to asbestos between 1939 and 1999, during which time he worked as a laborer and carpenter. From 1943 until 1945, Workman was in the U.S. Navy.

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

The 46 companies named as defendants in the suit are 3M Company; A.C.F. Industries, LLC, successor-in-interest to ACF Industries, Inc.; A.W. Chesterton Company; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as successor-in-interest to Durametallic Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Geo. V. Hamilton, Inc.; Georgia-Pacific, LLC; Grinnell Corporation; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; John Crane, Inc.; Kenova Box Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Mobile Corporation; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Schneider Electric; Tasco Insulations, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Vimasco Corporation; Weil-McLain Company; and Yarway Corporation. (wvrecord.com)

Charleston, WV: Camden David Hudkins and his wife are suing 67 companies they claim are responsible for Mr. Hudkins’ diagnosis of asbestos mesothelioma.

Mr. Hudkins was an automotive mechanic at Cantrell Motors Ford in Weirton. He also performed residential construction work while employed at Yeonas Development Company in Fairfax, VA, according to his asbestos lawsuit. Hudkins claims he also worked as a laborer/helper at Weirton Steel Mill and performed maintenance and repair work on trucks and equipment for Hudkins’ Timber in Sutton.

Hudkins alleges that while employed in his various occupations, he was exposed to and did inhale asbestos dust and other dust from products of the defendants, which caused his mesothelioma. It was his exposure to asbestos during his working life that resulted in his diagnosis of asbestos-related mesothelioma, he claims in his lawsuit.

The defendants failed to warn Hudkins of the dangers of asbestos when they knew or should have known that exposure would cause disease and injury, according to the suit, and the defendants failed to exercise reasonable care to warn him of the dangers of being exposed to the products.

Hudkins claims the defendant also failed to inform him of what would be safe and sufficient apparel for a person who was exposed to or used asbestos products and failed to inform him of what would be safe, sufficient and proper protective equipment and appliances when using or being exposed to asbestos-containing products.

As a direct and proximate result of the defendants’ negligence, Hudkins suffered and will continue to suffer damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of his life expectancy, according to the lawsuit.

The 67 companies named as defendants in the suit are A.O. Smith Corporation; Agco Corporation; Ajax Magnethermic Corp.; Allied Glove Corp.; American Optical Corporation; Aurora Pump Co.; Beazer East, Inc.; Borg-Warner Morse Tec, Inc.; Cameron International Corporation; CBS Corporation; Cleaver-Brooks, Inc.; Copes Vulcan, Inc.; Crown Cork & Seal Company, Inc.; Dana Companies, LLC; Deere & Company; Dravo Corp.; Eichleay Corp.; F.B. Wright Co.; Fairmont Supply Company; Federal-Mogul Asbestos Personal Injury Trust; FMC Corporation; Ford Motor Company; Foseco, Inc.; the Gage Company; Gardner Denver, Inc.; General Refractories Company; Georgia-Pacific, LLC; Goulds Pumps, Inc.; Grinnell, LLC; Hinchliffe & Keener, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; ITT Corporation; I.U. North America, Inc.; M.S. Jacobs & Associates, Inc.; Mallinckrodt, LLC; McCarls, Inc.; McJunkin Redman Corp.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Minnotte Contracting Corp.; Navistar, Inc.; Oglebay Norton Company; Pfizer, Inc.; Power Piping Co.; Premier Refractories, Inc.; Reading Crane; Riley Power, Inc.; RT Vanderbilt Company, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; the Sager Corp.; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Taco, Inc.; Tasco Insulation, Inc.; Trane US, Inc.; Union Carbide Corporation; Vimasco Corporation; Warren Pumps, LLC; Washington Group International; the William Powell Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 12.13.12 – Home Renovation Asbestos Risk

December 13th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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.

Do-It-Yourself Home Renovation and Asbestos Exposure Risk

With Christmas just around the corner, many people may be considering the gift of a home renovation—large or small— and putting those brand new power tools that arrived as Christmas presents, to good use.

But before you go smashing through walls and ripping out old insulation, piping and wiring—do your homework. Dangers may lurk within the walls, ceilings or floors of 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 Settlements

Erie, PA: The family of a former employee at the GM Powertrain facility in the town of Tonawanda, who subsequently died of asbestos disease, has been awarded $3 million by the jury hearing the case.

Gerald Suttner, formerly of Tonawanda, worked at the GM facility repairing vales manufactured by Crane Co. The job involved removing asbestos gaskets, which created asbestos dust Suttner would have inhaled. He did this for 36 years, from 1964 to 1979, when he retired.

Diagnosed in October 2010, Mr. Suttner died just one year later, from pleural mesothelioma, a form of cancer that is caused by asbestos. He was 77.

During the trial, lawyers for the Suttner family called expert witnesses who testified that there is no such thing as safe asbestos exposure and assured the jury that Suttner’s exposure is what led to his diagnosis. The dangers of asbestos have been known since the early 1900s, and they lawyers made the case that Crane was aware of these dangers since the 1930s. “But the company continued to use asbestos well into the late 1980s without placing warnings on its products,” the law firm’s statement reads.

During his retirement, Suttner helped his wife, Joann, care for their disabled daughter, and served as a volunteer for the Shriners Hospital in Erie, PA, driving children to and from the hospital. (tonawandanews.com)

New York, NY: A $4,401,000 verdict has been rendered in an asbestos lawsuit against Ford and Sud Chemie (Southern Talc) in favor of a deceased asbestos mesothelioma victim.

According to media reports, Southern Talc sold talc to Johns Manville for use in Mansville’s asphalt roofing plant. In his lawsuit, the plaintiff alleged that the talc contained asbestos, and it was his exposure to this product that caused him to develop asbestos mesothelioma.(mesotheliomalegalblog.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 12.6.12 – Railroad Asbestos Exposure

December 6th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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.

Retired Railwaymen Dying from Asbestos Disease

Many retired railway men are finding that the years they spent working in railway yards and on trains has caused them to become ill with asbestos-related illnesses. And their illnesses could have been prevented if they had been made aware of the dangers and provided with proper protective gear.

Asbestos was used to insulate steam and diesel locomotives, boxcars, cabooses and pipes. It was also used in brakes and floor tiles of passenger cars. When workers were tasked with removing the asbestos, and were not wearing protective clothing, the airborne asbestos fibers became lodged in their clothes and worse, in their lungs. As this practice went on over time—years in many cases—the accumulation of the asbestos fibers in their lungs led to fatal asbestos mesothelioma.

Asbestos Lawsuits

St. Clair County, IL: BNSF Railway Co, is facing a federal asbestos lawsuit filed by four former railroad workers who allege they developed asbestos-related respiratory problems as a result of the company’s alleged negligence.

In their asbestos lawsuit, Wavie Cole, Francisco Ruiz, Carl Canada and Cleophas Eckford are seeking $10 million in compensation from their former employer — $2.5 million each.

Each of the four men claim their duties for BNSF exposed them “to toxic substances including asbestos, diesel exhaust, environmental tobacco smoke, welding fumes, silica, and other toxic dusts, gases and fumes which caused him to suffer permanent injuries to his lungs in the nature of asbestosis and other respiratory disease.” The lawsuit states that Cole was employed by BNSF from 1977 to 2010, Ruiz from 1974 and 2009, Canada from 1973 to 2006 and Eckford from 1972 and 1999. Cole was a pipefitter while the other three men were employed in the “carman craft.” Canada also worked as a laborer and electrician.

In their asbestos complaint, the former railway men claim that the Federal Employers’ Liability Act (FELA) governs their claims because their employment duties “were in furtherance of and did closely, directly and substantially affect interstate commerce,” which BNSF engaged in as “a common carrier by rail.”

The complaint includes four FELA counts — one for each plaintiff – and asserts that BNSF failed to provide the men with a reasonably safe work place or warn them of the hazardous nature of asbestos and other toxic substances.

Additionally, the asbestos lawsuit alleges the railroad company failed to inspect equipment in order to determine if there was contamination, and to take adequate steps to reduce employees’ exposure to toxic substances.

The lawsuit claims that the men’s asbestosis and other respiratory diseases are a direct result of BNSF’s negligence, which caused “in whole or in part” the plaintiffs to develop these illnesses.

As a result of their asbestos-related illnesses, each of the four men claim they have “suffered and will continue to suffer great pain and disability, genuine and serious mental anguish and extreme nervousness as a result of his reasonable concern over the prospects of developing cancer caused by his exposure to asbestos, diesel exhaust, environmental tobacco smoke, welding fumes, silica and other toxic dusts, gases and fumes.”

Further, the retired railway men claim they have and will continue to incur “great expense in endeavoring to be cured” of their illnesses and diseases and have “lost and will continue to lose large amounts of income because of” the disabilities of their respiratory problems.(madisonrecord.com)

St. Clair County, IL: Teresa Halter filed an asbestos lawsuit naming 25 defendant corporations, which she alleges, are responsible for her late husband, John Halter, to develop asbestos-related lung cancer.

In her asbestos lawsuit, Mrs. Halter claims her John Halter was exposed to asbestos-containing products throughout his career as an auto mechanic in the Detroit area from 1971 until 1974 and as a boiler tender in the US Navy from 1974 until 1978.

Mrs. Halter alleges the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her husband’s safety.

As a result of his asbestos-related disease, John Halter incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, his widow claims. (madisonrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 11.29.12 – Auto Mechanic Asbestos Disease

November 29th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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.

Auto Mechanics & Asbestos Disease

This week we report a multi-million dollar settlement awarded to a former auto mechanic and his wife, after the husband was forced to give up his business after being diagnosed with asbestos mesothelioma. While the outcome of the lawsuit is no doubt welcome by the couple, it nevertheless serves as a poignant reminder of just how much at risk auto mechanics really are for asbestos-related disease.

Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

Charleston, WV: Allen Johnson and his wife, Janet Canterbury Johnson, have filed an asbestos lawsuit naming 28 companies they claim are responsible for Mr. Johnson’s diagnoses of lung cancer other asbestos-related diseases.

According to the lawsuit, Allen Johnson was exposed to large quantities of asbestos-containing products during his career. The Johnson’s allege that Mr. Johnson was required, as part of his work, to handle products containing asbestos and exposed him to other asbestos products present in the workplace.

The Johnson’s further allege the defendants failed to timely and adequately warn Allen Johnson of the dangers of asbestos and failed to provide him with information as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliances. Therefore, the lawsuit claims, the defendants failed to take reasonable precautions or exercise reasonable care to publish, adopt and enforce a safety plan and/or safe method of handling and installing asbestos and/or asbestos-containing products. This, the lawsuit claims, makes the defendants’ actions negligent and in flagrant disregard for the rights of others and with awareness on their part that their conduct would result in human deaths and/or great bodily harm.

The Johnsons are seeking compensatory and punitive damages with pre- and post-judgment interest. The 28 companies named as defendants in the suit are 3M Corporation; A.O. Smith; Black & Decker (U.S.) Inc.; Blue Bird Corporation; Blue Bird Motor Company; Borg Warner Morse Tec, Inc.; CBS Corp.; Certainteed Corporation; Eaton Electrical, Inc.; Ford Motor Company; Genuine Auto Parts; Georgia-Pacific Corporation; Honeywell International, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Kelsey-Hayes Company; Maremont Corporation; Metropolitan Life Insurance Company; Ohio Valley Insulating Company, Inc.; Pneumo-Abex Corporation; Rockwell Automations, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Thomas Built Buses, Inc.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Vimasco Corporation; and West Virginia Electric Supply Company. (wvrecord.com)

Asbestos Settlements

Los Angeles, CA: A retired auto mechanic who developed asbestos mesothelioma as a result of his exposure to asbestos from Ford vehicle parts such as brakes, clutches and gaskets, has been awarded $6,825,000 as settlement of his asbestos mesothelioma lawsuit.

Sixty-nine year old Patrick Scott had to give up his auto repair business when he was diagnosed with mesothelioma in the fall of 2011 and has been unable to work since. After serving in the U.S. Air Force and working for nine months at Hunters Point Naval Shipyard, he opened his first auto repair shop in 1966 in Sausalito. Later that year, he moved his shop to San Francisco. Then, in 1978, Scott opened a one-bay auto shop in St. Helena, California, which he ran until his diagnosis.

In his asbestos lawsuit, Scott alleged Ford’s products were defectively designed to include the use of asbestos; that Ford failed to warn of such defects, and that Ford was negligent. Further, that Ford had been aware that asbestos causes mesothelioma since 1960, yet continued to sell asbestos parts until 2001.

Throughout his career, plaintiff worked primarily on American-made vehicles, including many Ford cars and trucks. The Ford cars and trucks had asbestos brakes, clutches, gaskets, and other parts. Evidence at trial showed that Ford was a member of the National Safety Council in 1948, when that organization published a paper on the harmful effects of asbestos in brakes. (juryverdictalert.com)

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