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.
Jefferson County, TX: The widow and children of a man who recently died after developing pulmonary asbestosis, have filed an asbestos lawsuit alleging that John Dixon Sr., developed the illness and died as a result of spending a career working around products that contained asbestos.
Agnes Dixon, Jane Lampman, Molly Abshier and John Dixon Jr. filed a lawsuit against E.I. Dupont De Nemours and Company, Tin Inc. formerly known as Temple Inland Forest Products, Tin Inc. formerly known as Temple-Eastex, Inland Paper Board and Packaging, Temple Inland, Inland Container, Inland Orange and Owens Illinois.
They allege John Dixon Sr., was exposed to asbestos dust and fibers throughout his career at DuPont and Owens Illinois. As a result, he developed pulmonary asbestosis and died on Sept. 20, 2010. Dixon’s widow and children also allege that the defendants negligently failed to warn workers of the dangers of asbestos exposure. In their complaint, the plaintiffs seek exemplary and punitive damages, plus damages and court costs. (SETexasrecord.com)
Libby, MT: People suffering from asbestos-related illnesses including asbestosis and mesothelioma have been awarded a $43 million settlement by a judge in Montana. The people were made ill as a result of their exposure to asbestos from the infamous W.R. Grace asbestos mine in Libby, Montana. Reports indicate that a large part of the settlement will be paid by Warren Buffett’s Berkshire Hathaway.
The settlement resolves a lawsuit filed against the state and the mine by former miners and their families who accused the state of failing to properly oversee the mine or warn workers of dangers there. Miners had originally sued W.R. Grace but after the company filed for Chapter 11 bankruptcy in 2001, they sued the state for failing to adequately protect them, court documents state.
Some 1,400 people are expected to receive payouts from the settlement, which was approved September 8, by Montana District Court Judge Jeffrey M. Sherlock, ending ten years of legal wrangling. However, while the settlement ends numerous cases and claims against Montana it “expressly reserves their claims against all other responsible parties,” according to the agreement.
Many of the victims of asbestos exposure from the Libby mine are now over 65, and others have since died of asbestos-related diseases such as asbestosis and cancers such as mesothelioma, records show. (Insurancejournal.com)
Los Angeles, CA: The family of Merlin Olsen, a Hall of Fame football player and actor, has reached a settlement in their asbestos lawsuit. Olsen’s family alleged in their suit that Olsen was exposed to asbestos-containing products throughout the course of his career working on construction sites, which he did in his youth. The lawsuit was filed against several asbestos companies that the family say caused the rare form of cancer Olsen developed late in life. The settlement includes 10 companies that made or used the asbestos-containing products.
A notice of settlement was filed by the attorneys for Olsen’s wife and children in Los Angeles. No further details were provided. Olsen, who was a member of the Los Angeles Rams “Fearsome Foursome” in the 1960s, died in March 2010 after losing his fight against asbestos mesothelioma. (Forbes.com)
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.
St. Clair County, IL: A man from Illinois has filed an asbestos lawsuit naming 58 defendant companies that he alleges, caused his father, Joseph Paskauskas, to develop asbestos mesothelioma, resulting in his recent death.
Raymond Paskauskas alleges that his father was exposed to asbestos-containing products throughout his career as a machine repairman at Pullman Standard from 1947 until 1954, as a machine repairman at Continental Foundry in Chicago from 1951 until 1953, as a machine repairman at General Motors Fisher Body from 1950 until 1951 and from 1954 until 1956, as a machine repairman at Ford Motor Company from 1956 until 1986 and as a shade tree mechanic from the 1950s until 1980.
As a result of his asbestos-related illness, Joseph Paskauskas became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, as a result of his asbestos-related disease, Joseph was prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued to them, Raymond Paskauskas Jr. claims.
Because of Joseph Paskauskas’s death, Raymond Paskauskas has been deprived of his family member’s love, services, companionship, comfort, instruction, guidance, counsel, training and support, according to the complaints.
Raymond Paskauskas is seeking economic damages of more than $200,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants and a judgment of more than $50,000. (madisonrecord.com)
St. Clair County, IL: Raymond R. Ridley filed an asbestos complaint against 28 defendant companies Read the rest of this entry »
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.
Jefferson County, TX: An asbestos lawsuit has been filed by the family of the late Augustine Aranda Sr, naming the man’s former employer, Atlantic Richfield, and two other companies, Beazer East Inc, and BP Products North America, as defendants.
The lawsuit, filed by Aranda’s widow Patsy Aranda and her children, allege Aranda was exposed to asbestos dust and fibers through his work at Atlantic Richfield, where he was an employee. The lawsuit does not give dates of employment.
“As a result of such exposure, Aranda developed … asbestosis and lung cancer, for which he died a painful and terrible death on November 13, 2010,” the lawsuit states.
The lawsuit also alleges the defendants knew of the health issues related to asbestos exposure for decades, but still allowed their employees to work with asbestos products. (SETexasrecord.com)
Yuba County, CA: An ex-employee of Yuba County has filed a lawsuit alleging he discovered asbestos problems in the county courthouse and told state regulators about them only to be laid-off in retaliation for whistle-blowing.
According to the lawsuit, filed by former county maintenance worker Billy Wilden Sr, the presence of asbestos in the courthouse’s boiler room was mentioned by a contractor working with the county in June 2009. The contractor told the county’s Administrative Services Office about asbestos insulation around pipes in the boiler room. However, it wasn’t until after another employee was asked to remove the asbestos without proper training, and subsequently mentioned that request to Wilden, that Wilden raised the issue with other administrative services staff. The lawsuit alleges that when the official who had ordered the asbestos removal discovered questions were being asked, he began a pattern of harassment against Wilden.
In September 2009, Wilden informed the California division of Occupational Safety and Health about the asbestos problems, leading to a series of Cal-OSHA fines in January 2010 against the county totaling $11,500.
The lawsuit states Wilden was laid off as of July 1, 2010, as a result of budget cuts. Just a month before, Yuba County issued 22 layoff notices. The county, the Administrative Services Office and several officials in the office are listed as defendants in the lawsuit.
“As a proximate result of Defendants’ conduct, Plaintiff has sustained and continues to sustain substantial losses in his earnings and other employment benefits and continues to suffer humiliation, emotional distress, and mental and physical pain and anguish, all to his damage in a sum according to proof,” the lawsuit states. (appeal-democrat.com)
Cinnaminson, NJ: A new international study is shedding light on the health risks associated with asbestos and home renovation projects. The study, published in the Medical Journal of Australia, has shown an alarming rate of asbestos-related diseases that can be correlated to exposure to asbestos from home renovation projects.
The research found that 35.7% of females and 8.4% of males with mesothelioma in Western Australia between 2005 and 2008 were attributable to asbestos exposure from home renovation projects. Although this study took place in Australia, which banned asbestos in 2003, the significance of the study to people in the United States is clear. The U.S. Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) have been able to ban some asbestos containing products in recent years, but countless older homes still have many materials that contain asbestos.
According to the EPA, “Today, asbestos is most commonly found in older homes, in pipe and furnace insulation materials, asbestos shingles, millboard, textured paints and other coating materials, and floor tiles. Elevated concentrations of airborne asbestos can occur after asbestos-containing materials are disturbed by cutting, sanding or other remodeling activities. Improper attempts to remove these materials can release asbestos fibers into the air in homes, increasing asbestos levels and endangering people living in those homes.”
“This new research into asbestos related illness and its direct link to home renovations should open people’s eyes to the dangers associated with asbestos containing materials in our homes,” reported Joe Frasca, Senior Vice President, Marketing at EMSL Analytical, a leading asbestos testing laboratory. “Fortunately, testing suspect materials before beginning home renovation projects has never been quicker and easier,” he said. (webwire.com)
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.
Beaumont, TX: Florence Woodard, the widow of Andrew Woodard, has filed an asbestos lawsuit naming her husband’s former employer, ExxonMobil, as the defendant. Mrs. Woodward alleges that Exxon Mobile and Mobile Oil exposed her husband to asbestos, which resulted in his death.
The lawsuit states that Mr. Woodard was exposed to asbestos dust and fibers while in the employment of ExxonMobil. No dates of employment or occupation are given in the lawsuit. Nevertheless, the lawsuit claims that as a result of his exposure to lethal asbestos fibers and dust, Mr. Woodward developed asbestos mesothelioma and subsequently died on August 10, 2009.
Mrs. Woodward alleges in her lawsuit that ExxonMobil knew asbestos exposure can cause cancer but still allowed employees, such as her late husband, to work with asbestos products. She further claims ExxonMobil acted with malice and is seeking to recover exemplary damages from the company. (SETexasrecord.com)
Charleston, WV: A man from Grayson, Kentucky is suing 57 companies in his asbestos lawsuit, alleging they are responsible for a family member’s lung cancer and subsequent death. On May 26, 2010, James Thomas Martin was diagnosed with lung cancer. He died of the disease on August 2, 2010, according to the lawsuit.
James Franklin Martin claims James Thomas Martin was exposed to asbestos and asbestos-containing material during his employment as an electrician from 1951 until 2006.
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 57 companies named as defendants are: 4520 Corporation; A.K. Steel Corporation; American Electric Power Company, Inc.; American Electric Power Service Corporation; Appalachian Power Company; Brand Insulations, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Goodrich Corporation; Goulds Pumps, Inc.; Graybar Electric Company, Inc.; Grinnell, LLC; Hercules, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Lockheed Martin Corporation; McJunkin Red Man Corporation; Nagle Pumps; Nitro Electric Company, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Power Company; Ohio Valley Insulating Company, Inc.; Premier Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; State Electric Company; Sterling Fluid Systems (US), LLC; Tasco Insulations, Inc.; the F.D. Lawrence Electric Company; the Goodyear Tire & Rubber Co.; UB West Virginia, Inc.; United Conveyer Corporation; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; WT/HRC Corporation; Yarway Corporation; and Zurn Industries, Inc. (WVRecord.com)
Charleston, WV: A couple from Liverpool, Ohio, has filed an asbestos lawsuit naming 10 companies as responsible for Charles H. Long’s lung cancer diagnosis.
Mr. Long worked as a boilermaker and ironworker at various power plants, steel mills and other industrial sites throughout western Pennsylvania, Ohio, and West Virginia, for over 20 years—1958 until 1979. During that time, Mr. Long claims, he was exposed to asbestos and asbestos-containing products that were manufactured and/or supplied by the defendants.
The lawsuit claims that the defendants are responsible for Mr. Long’s lung cancer, asbestosis and pleural plaques, and that the defendants failed to exercise reasonable care to warn him of the danger to which he was exposed by use of asbestos-containing products.
Further, the lawsuit states that the defendants also failed to inform Mr. Long of what would be safe and sufficient apparel for a person who was exposed to or used asbestos-containing products.
Mr. Long and his wife, Ruth Long, are seeking compensatory and punitive damages with pre- and post-judgment interest.
The 10 defendants named in the suit are: AK Steel Corporation; AmChem Products, Inc.; Bechtel Corporation; Brand Insulations, Inc.; Dravo Corporation; FMC Corporation; Goulds Pumps, Inc.; ITT Corporation; J. H. France Refractories Company; and Yarway Corporation.(WVRecord.com)
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.
Washington, DC: Structural damage to schools in Prince George County, caused by Tuesday’s 5.8 magnitude earthquake in Virginia, has kept 32 schools closed this week, affecting more than 23,000 students. Structural engineers are currently assessing the damage to the school buildings affected by the quake, and risk of asbestos exposure. The quake struck nine miles south of Mineral, VA, on August 23 at 1:51 pm, according to the US Geological Survey.
Officials cannot say when the schools will re-open, saying they are taking the situation day-by-day. “The safety of our students, teachers and staff is our number one priority,” said Superintendent William R. Hite Jr. said in a statement. “We are working as quickly as possible to get the necessary building inspections completed so that school can resume for all students.”
The schools affected vary in terms of size and age, with some schools, like Surrattsville High School, having stood for over four decades. Ernest E. Just Middle School, by contrast, has been open for less than 10 years.
According to a report in the Washington Post, Tuesday’s earthquake has only served to cement the concerns of parents with children in older school buildings. The president of the parents association at John Hanson Montessori School in Oxon Hill, Nicole Nelson, noted cracks in the ceiling and falling tiles in their 55-year-old building. The group has been lobbying for the school system to renovate Hanson since 2006, citing concerns about rat infestations and pipes made with asbestos. (WashingtonPost.com)
St. Johns, NFL: Canadian physicians voted this week, almost unanimously, in support of a motion that opposes the federal government’s vote against the international designation of chrysotile asbestos as a hazardous substance.
During their annual conference, delegates to the Canadian Medical Association’s general assembly voted 99 percent in favor of condemning Stephen Harper’s government for its “shameful” decision that effectively blocks the listing of asbestos as a hazardous product.
“This is an important health care issue and a product that causes significant illness — even death,” Dr. Jeff Turnbull, outgoing president of the CMA, told reporters. “Canada should not be in the business of exporting such a dangerous product.”
In June, delegates at a United Nations summit held in Geneva voted on labeling asbestos as a known carcinogen. The head of the Canadian delegation, fearing a consensus vote in favor of the carcinogen labeling, made the statement against the ruling, effectively stopping the labeling in its tracks: a consensus among countries is needed to list the substance as a hazardous material under the United Nations’ Rotterdam Convention.
“The time for the CMA is now to go beyond calling on the federal government and begging it to take action, as it clearly has no intention of doing so,” Dr. Barry Turchen of Abbotsford, BC told Canada.com.
The CMA motion “sends a strong message to the federal government that their unethical and shameful behaviour will not be tolerated by the physicians of Canada,” Turchen said, to applause. (Canada.com)