Asbestos Mesothelioma Archive

Asbestos News Roundup: 8.19.11

August 19th, 2011. 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 Lawsuits

Jefferson County, TX: The family of the late James Lee Purks has filed a second asbestos lawsuit, this time naming 18 companies as defendants. While the first lawsuit focused solely on Texaco for allegedly exposing Purks to asbestos, the second lawsuit focuses on the distributors of the asbestos products James Purks worked with. The lawsuit states “As a result of his exposure, James Purks developed an asbestos-related disease, lung cancer, and died on April 20, 2011”

Patricia, Robert, Gary and Bryan Purks filed two lawsuits on behalf of the deceased Mr. James Lee Purks, who worked as a pipefitter at Texaco for 27 years.

Named defendants in the suit are: Amtek, Bechtel, Crown Cork & Seal, D&F Distributing, Dana Companies, Flour Enterprises, Flour Maintenance, Foster Wheeler Constructors, Foster Wheeler Corp., Foster Wheeler Energy, General Electric, Goulds Pumps, Henry Vogt Machine, Ingersoll Rand, Owens Illinois, Riley Power, Union Carbide and Zurn Industries.

The lawsuit alleges the defendants conspired to mine, manufacture and distribute asbestos products without warning workers, such as James Purks, of the dangers. The Purks family is suing for exemplary and punitive damages. (SETexasRecord)

Jefferson County, TX: The children of the late Thaddeus Alpough have filed suit against their father’s former employer, Chevron USA, alleging the company exposed him to asbestos.

Mary Alpough and her siblings filed the lawsuit August. 16 alleging that the late Alpough worked at Chevron’s Port Arthur refinery as a boilermaker helper and pipefitter—occupations that exposed him to asbestos dust and fibers. The lawsuit states “As a result of such exposure, Thaddeus Alpough developed asbestos-related pleural disease, lung cancer and then gastric cancer, for which he died a painful and terrible death on May 7, 2010.”

The Aplough family asbestos lawsuit accuses Chevron of knowing that asbestos products could cause cancer but still chose to expose workers, such as their father.

The Alpough family is suing for punitive and exemplary damages. (SETexasRecord)

Asbestos Settlements

New York, NY: Separate verdicts totaling $32 million and more than $19 million were awarded on August 17 in cases involving individuals who contracted asbestos mesothelimoa after being exposed to asbestos.

In the case of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al., a jury found Crane Co. and Elliott Turbomachinery Co., responsible for the asbestos exposure that led to a U.S. Navy boiler tender’s diagnosis of pleural mesothelioma, an incurable form of cancer.

In returning its verdict, the jury determined that Crane and Elliott acted with a reckless disregard for the safety of others in failing to warn. The jury apportioned 99 percent responsibility to Crane and 1 percent responsibility to Elliott. The award included $16 million in past pain and suffering and $16 million in future pain and suffering to Mr. Dummitt.

In the case of David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al., the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Mr. Konstantin developing mesothelioma of the tunica vaginalis, one of the rarest forms of cancer in the world. Like all cases of mesothelioma, this form of the disease is not curable.

The jury found Tishman 76 percent liable and to have acted with reckless disregard for the safety of others. The jury awarded Mr. Konstantin $7 million for past pain and suffering, and $12 million for future pain and suffering. The verdict amount also included $64,832 for past lost wages, and $485,325 for future lost wages.

Both trials lasted nine weeks and were presided over by the Honorable Joan Madden. (digitaljournal.com)

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Asbestos: Safe Enough to Sell, So Long as it Goes to India

August 15th, 2011. By Hunter West

The Canadian government was talking out of both sides of its mouth recently when it decided to reject a recommendation from Health Canada, the Canadian answer to the US Food and Drug Administration (FDA), to add asbestos to the so-called Rotterdam list of dangerous substances.

That’s partly because Canada still mines and exports the stuff. It’s worth about $90 million dollars a year to the economy of Quebec alone. And the Prime Minster said that as long as there are people willing to buy it, Canada would export it.

Well, Stephen Harper has a point. There are countries around the globe—especially India—that consider asbestos to be a cheap and handy commodity for the building trade. If the rest of the world is taking it out of their buildings, they don’t seem to care.

And Canada is not prepared to take a moral stand, as some countries have done, by either placing asbestos on a blacklist, or banning its use altogether. The US hasn’t banned it, either. 

It does serve to illustrate that in the shadow of big business, health often takes a back seat.

Drug companies have for years been doing an end run around safety in the quest for profits and revenue, to the point where they have the FDA—described by some as largely a political entity—largely in their back pocket. The FDA, for its part, has never required a drug or medical device to be completely safe before it is allowed on the market. So long as the benefits outweigh the risks for those to whom the drugs are directed and intended, then all is well.

So long as a drug, or medical device company makes more revenue from a drug than the money they lose defending it, then…well…that’s just good business, isn’t it?

In Canada’s case given the asbestos issue, the reasons why the feds rejected the recommendation from their health regulator are both economic and political.

First, the sudden ending of a $90 million dollar-per-year industry would have a huge impact on the Quebec economy, as well as the country as a whole. Canada, while geographically larger than the US, is sparely populated in comparison.

From the political side, the largely French-speaking Quebec has been waffling over its wish to disenfranchise with Canada and go it alone as an independent, sovereign state since the beginning of time. At the moment, the separation flame has cooled and the government wishes to avoid doing anything that may turn up the heat.

And—the governing Conservative Party is hoping to take Quebec seats away form the New Democratic Party in the next election, which is five years away. The NDP took a whack of seats away from the Bloc Quebecois—a separatist party—this past May, and the governing Conservatives see that as an opportunity.

So let’s do nothing to upset Quebec. So what if Heath Canada urges a ban on asbestos? It comes from Quebec. So asbestos mining stays, and asbestos continues to be exported.

Besides, Health Canada notes that while it can’t say asbestos is safe (nobody can), it does admit to the fact that in its view chrysotile asbestos—which is the stuff that comes from Quebec—is not quite as destructive as other forms of asbestos. Of course, the feds have seized on that point, too.

Here’s the thing. If asbestos is so bad, why has that same Canadian government been removing asbestos from Canada’s Parliament buildings, and from the official residence of the Prime Minister?

The Prime Minister was asked about that very contrast. His response? As long as people are willing to buy it, the government won’t stand in its way.

“This government will not put Canadian industry in a position where it is discriminated against in a market where sale is permitted,” Harper said.

And yet three years ago, the stated in an editorial “Canada is the only Western democracy to have consistently opposed international efforts to regulate the global trade in asbestos. And the government of Canada has done so with shameful political manipulation of science.”

It should be noted that all countries participating in the Rotterdam Convention met June 20^th. Canada has yet to formulate a position on asbestos, and presumably will continue to waffle for at least the next five years.

If someone came up with a way to replace that $90 million dollar windfall every year with something safe and clean, then watch it happen.

If drug companies could make just as much, if not more from drugs that are completely safe, then watch it happen.

But as long as there are lobbyists making sure that drug and medical device manufacturers in their districts are happy and healthy—and as long as there are emerging countries ready and willing to buy a product that carries both health risks for the customer, but also political and economic risks for a government with an eye towards re-election, nothing will happen.

Asbestos will continue to be mined, and exported. Drugs and medical devices will continue to be marketed with risks both known and unknown.

It’s just business. It’s a democracy. It’s civilization. And we’re all so very, very civilized.

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Asbestos News Roundup: 8.12.11

August 12th, 2011. 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 Lawsuits

Charleston, WV: Charles W. Davis Jr., is suing 79 companies alleging that they are responsible for his father’s lung cancer and resulting death in July 2009.

On July 24, 2009, Charles W. Davis Sr., was diagnosed with lung cancer on July 24, 2009 and died just four days later, according to the lawsuit.

Charles W. Davis Jr., alleges that the defendant companies exposed his father to asbestos and asbestos-containing products which resulted in his developing lung cancer. Davis Sr., worked at Allied Chemical as an operator and foreman for 34 years, from 1945 to 1979, and it was during this time that he was exposed to asbestos-containing products and fibers.

The 79 defendants are being sued upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, misrepresentation and post-sale duty to warn, according to the suit.

The 79 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; AmChem Products; Armstrong International; Ashland, Inc.; Aurora Pump Company; BW IP, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; General Refractories Company; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; Honeywell International, Inc. as successor-in-interest to Semet Solvay; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; Invensys Systems, Inc.; ITT Corporation; J.H. France Refractories; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Rhone-Poulenc, Inc.; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Spirax Sarco, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sundyne Corporation; SVI Corporation; Swindell Dressier International Company; Tasco Insulations, Inc.; The William Powell Company; Tyco Flow Controls Inc.; Union Boiler Company; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pump; West Virginia Electric Supply Company; Yarway Corporation; Zenith Pumps; and Zurn Industries, LLC.

Asbestos Law

Buffalo, NY: Two companies and nine people have been indicted by a federal grand jury for violations of the Clean Air Act that took place during the alleged asbestos removal project at the vacant Kensington towers housing project. Three of the nine people indicted were government inspectors during the time the violations took place.

A press release from the United States Attorney’s Office for Western New York states ” The U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 23-count Indictment charging two companies and nine individuals with various federal felony charges relating to the asbestos abatement project conducted at the Kensington Towers apartment complex, 1827 Fillmore Avenue, Buffalo, New York. The companies charged with criminal violations are identified as Johnson Contracting of WNY, Inc. (Johnson Contracting) and JMD Environmental, Inc. (JMD). The individual defendants include Ernest Johnson, 39, and Rai Johnson, 32, both from Buffalo, NY and the President and Supervisor of Johnson Contracting (respectively); Evan Harnden, 42, a supervisor of JMD and Brian Scott, 31, JMD project monitor, both from North Tonawanda; and Henry Hawkins, 41, of Buffalo, NY and Chris Coseglia, 25, of Niagara Falls, NY; also project monitors of JMD.”

Reportedly, the 23 indictments allege the defendants conspired to violate the Clean Air Act and to defraud the United States by (among other things) by failing to conduct proper air sampling, and by creating false visual inspection reports certifying that all asbestos had been removed from the buildings. The companies and individual defendants are also charged with violations of the Clean Air Act based on their roles as project monitors during the final visual inspection process at the buildings and making and using false documents during the course of the asbestos abatement activities including generating false inspection reports stating that all asbestos had been removed from the six towers, when they knew that in fact some asbestos remained on site. (WGRZ.com)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma
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Asbestos News Roundup: 8.5.11

August 5th, 2011. 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 Lawsuits

Charleston, WV: The widow of Thomas F. Turek Sr., who was diagnosed with lung cancer and on May 3, 2010, he subsequently died due to his lung cancer on June 17, 2010, has filed an asbestos lawsuit naming 60 companies as defendants. Carol Sue Turek claims the companies are responsible for her husband’s death and is alleging negligence; contaminated buildings; breach of expressed/implied warranty; strict liability; intentional tort; conspiracy; misrepresentations; and post-sale duty to warn, according to the lawsuit.

The lawsuit claims that Mr Turek Sr. was employed by the defendants from 1965 until 1986 and was exposed to asbestos during the employment. The lawsuit also states that he had previously smoked cigarettes from 1960 until 2000, but then quit. Mrs. Turek claims the defendants failed to keep her husband protected from the asbestos he was exposed to through the course of his work.

The 60 companies named as the defendants in the lawsuit are: A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allegheny Energy Service Corporation; Beazer East, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Erie City Iron Works; FB Wright Company; Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps; Honeywell international, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; J.H. France Refractories, Inc.; Joy Technologies, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Monongahela Power Company; NACCO Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Ownes-Illinois, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Saint-Gobain Abrasives, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell-Dressier International Corporation; Tasco Insulations, Inc.; the Gage Company; the Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Yale Materials Handling Corporation; and Zurn Industries, Inc. (wvrecord.com) 

Charleston, WV: The daughter of Frederick Lee Dotson, who died from lung cancer two days following his diagnosis on July 8, 2009, is suing 81 companies in her asbestos lawsuit, claiming they are responsible for her father’s lung cancer and death.

In her lawsuit Gina M. Pastors, Dotson’s daughter, alleges that while her father was employed by the defendants as a laborer, from 1955 until 1977, he was exposed to asbestos. The defendants are being sued upon theories of negligence; contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.

The 81 defendants named in the lawsuit are: A.O. Smith Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; Aurora Pump Company; Baltimore Aircoil Company; Beazer East, Inc.; Bechtel Corporation; Brand Insulations, Inc.; BW IP, Inc.; Catalytic Construction Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Consolidated Aluminum Corporation; Crane Co.; Crown Cork & Seal USA, Inc.; Dravo Corporation; Eaton Electrical, Inc.; EI DuPont de Nemours & Co.; F.B. Wright Company; Flour Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; Fluor Enterprises, Inc.; FMC Corporation; Fosceo, Inc.; Foster Wheeler Energy Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell International; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nagle Pumps; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company, and its division Ferro Engineering; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corp.; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power Inc.; Rockwell Automations, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA) LLC; Sunbeam Corporation; Surface Combustion Industries, Inc.; Tasco Insulations, Inc.; The Alliance Machine Company; The Dow Chemical Company; The Manitowoc Company, Inc.; The William Powell Company; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; WT/HRC Corporation/Whiting Corporation; Yarway Corporation; and Zurn Industries, LLC. (Wvrecord.com)

Asbestos Settlements

Beloit, WI: According to the City Manager for Beloit, a $270,000 settlement has been unanimously approved by the Common council, ending a lawsuit brought by a man who purchased a former Beloit public works facility from the city only to find that it contained asbestos.

According to a report on WTAQ, Dan Langone’s company bought the building in 1998, having been assured by the city that the building had been cleared of asbestos. But Langone said he found asbestos in the structure a decade later, so in 2009 he sued the city, claiming that city officials had not adequately addressed the problems with the building.

City manager Larry Arft said the Common Council unanimously approved a settlement of the lawsuit this week. (WTAQ.com)

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Asbestos News Roundup: 7.28.11

July 28th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

St. Clair County, IL: Marcie Armstrong has filed an asbestos lawsuit naming 16 defendant companies as being responsible for her developing lung cancer.

Armstrong, who lives in South Carolina, alleges that throughout her career as a laborer at Presto Manufacturing Company in Jackson, Mississippi, she was exposed to products that contained asbestos. And, she also claims she was exposed to asbestos fibers by way of her father, who worked as a laborer and molder at Presto from 1953 through the early 1980s.

Armstrong alleges that 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 her asbestos-related diseases, Armstrong says she became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. In addition, she claims she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her. (madisonrecord.com)

Asbestos Settlements

Los Angeles, CA: A painter who was recently diagnosed with terminal asbestos mesothelioma caused by his exposure to asbestos-laiden products, has been awarded $8.5 million in settlement of his asbestos lawsuit.

Bernard Steffen alleged that while working as a commercial painter and handyman he was exposed to products including stucco, molding and construction materials that contain Read the rest of this entry »

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