Asbestos Mesothelioma Archive
Asbestos News Roundup: 7.18.13 – Asbestos in Schools
July 18th, 2013. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos In Schools
Building materials and insulation such as drywall, floor/ceiling tile, applied fireproofing spray, and piping/boiler insulation used in the construction of schools prior to 1980, frequently contained asbestos.
While undisturbed asbestos materials generally do not pose a health risk to students and teachers, over time they can become hazardous due to deterioration or damage.
If asbestos containing materials are disturbed, (e.g. during the installation, maintenance, or removal process), asbestos fibers may become airborne and pose a health threat to students, teachers and other employees within the schools. Once asbestos fibers are inhaled or swallowed, the risk of getting an asbestos related disease, such as asbestosis or mesothelioma, also increases. Student exposure to asbestos in schools is particularly concerning because once the fibers accumulate in the lungs, the latency period between asbestos exposure and the onset of symptoms can take as long as 20 to 50 years.
The federal government has been regulating the use of asbestos in schools since the 1980′s. Schools now have regulatory requirements and management plans to reduce the risk of potential asbestos exposure for students and teachers. However, until the presence of asbestos in schools is eliminated entirely, many believe it will continue to pose a health risk.
Asbestos Lawsuits
St. Clair, IL: An asbestos lawsuit has been filed by Ronald and Linda Ogletree against 29 defendant corporations which, they allege, caused Ronald Ogletree to develop lung cancer.
Ronald Ogletree worked in the US Army from 1963 until 1967, as a mail sorter in the civil service from 1967 until 1970, as a laborer and control room operator at Honeywell from 1970 until 2001 and performed occasional home remodeling repairs. During his work for these organizations, Mr. Ogletree was exposed to asbestos-containing products, which caused his asbestos mesothelioma, the lawsuit states.
The Ogletrees claim the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety. Consequently, and as a result of his asbestos-related diseases, Ronald Ogletree became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.
In their 10-count complaint, the Ogletrees are seeking a judgment of more than $100,000, 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, plus costs and other relief the court deems just.
Portland, OR: Five construction workers from Lane County have filed an asbestos lawsuit against McKenzie-Willamette Medical Center and a Utah construction contractor, alleging the defendants’ deceitful and irresponsible oversight of a demolition and remodeling job at the Springfield hospital exposed workers to airborne asbestos fibers.
According to the lawsuit, the plaintiffs are seeking up to $10 million as compensation for McKenzie-Willamette’s and Layton Construction’s violations of the federal Employer Liability Law and the Oregon Safe Employment Act.
The contractors allege that in 2012 they were contracted to do demotion and renovation work to the hospital’s second floor and basement. During that time there was improper handling of asbestos. Layton, the general contractor, was hired by McKenzie-Willamette for the project.
Following an in depth investigation, state occupational safety and health regulators earlier this year fined McKenzie-Willamette and Layton to the tune of $25,000 each. The asbestos was in the sealant and tape used in old duct work of the hospital’s HVAC system, the state said.
In their lawsuit, the five workers allege they were exposed to asbestos-contaminated dust generated by the demolition. Because they were unaware of the asbestos, the five “handled the demolition material as if it did not contain asbestos—allowing dust to be freely spread through the work area as well as throughout public areas of the hospital,” the lawsuit states.
Regulators fined McKenzie-Willamette $26,960 for seven violations, including failure to inform custodians, housekeepers, operating staff and other employees working near the construction zone about the presence of asbestos.
Regulators fined Layton—a large national contractor with projects in 17 states—$25,200 for five violations, including failing to inform subcontractors about the asbestos in the second-floor work area and failing to inform subcontractors of asbestos in the basement within 24 hours of discovering it there. According to the state, both firms paid the fines and did not contest them. (registergaurd.com)
Asbestos Settlements
New York, NY: Pfizer Inc, has been ordered by the US Supreme Court to pay more than $960 million in a bankruptcy plan for Quigley, a subsidiary company the drug manufacturer bought in 1968. Quigley has been at the center of numerous asbestos lawsuits over several years.
Quigley made asbestos-containing products from the 1940s until the 1970s, and stopped most of its operations by 1992, according to Bloomberg. It filed for bankruptcy in 2004, at which point it was named as a defendant in approximately 160,000 asbestos lawsuits.
One of the products made by Quigley was an asbestos-containing powdered insulation called Insulag and the packaging contained the Pfizer logo. As a result, many of the asbestos lawsuits naming the drug company as a defendant. Yet, despite the presence of its logo, Pfizer has strenuously maintined that it ever made or sold the products in question.
In addition to the bankruptcy plan payment, Pfizer has paid more than $1 billion in asbestos. (Bloomberg.com)
Asbestos News Roundup: 7.11.13 – WWII Navy Vet Asbestos Exposure
July 11th, 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 and WWII Veterans
Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbestos-related diseases.
Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos-related cancers.
Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.
Asbestos Lawsuits
Bangkok, Thailand: Johannes Weber, a US veteran based in Thailand, has filed a $5-million lawsuit in federal court against the US Department of Veterans Affairs and the US Navy for his asbestos-related lung disease. Weber alleges he developed the asbestos disease as a result of being exposed to asbestos fibers when he served in a US Navy vessel in 1972 and 1973.
Weber is suing the U.S. Navy for negligence. He alleges he was under orders from his then military superiors to perform work in the engineering spaces of a US Navy vessel which contained asbestos, and he was not supplied with appropriate safety equipment.
In his complaint, Weber has asked that the US Department of Veterans Affairs pay him for his medical costs associated with treatment of a service-related disability. He has also asked that the court award damages to his common-law wife, Khawannuedee Boonjan, who is in Thailand, should he die before the court can rule on the asbestos lawsuit.
According to his lawsuit, Weber’s lung disease has caused him to be 100 percent disabled. He alleges he was discharged under honorable conditions.
Weber further claims that he needs regular aid and can no longer travel on commercial airlines because of the pressure it exerts on his lungs.
He alleged that the Department of Veterans Affairs is not paying for his medical costs in Thailand for his service-related asbestos injury. (saipantribune.com)
Charleston, WV: Richard P. Wade has filed an asbestos lawsuit naming 154 companies he claims are responsible for his asbestos-related lung cancer.
Wade, who was diagnosed with lung cancer in June 2012, claims the 154 defendants exposed him to asbestos and/or asbestos-containing products during his employment.
Wade further claims the defendants failed to advise him of the health risks of their asbestos and asbestos-containing products; failed or omitted to provide Wade with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliance; and failed or omitted to place any warnings or sufficient warnings on their containers.
As a direct result of his lung cancer, Wade alleges he suffered severe conscious physical pain and suffering and lost earnings and net accumulations. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
The 154 defendants in the suit include: 84 Lumber Company; A.O. Smith Corporation; A.R. Wilfley & Sons Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Electric Power Company Inc.; American-Marsh Pumps; American Optical Corporation; and Anderson Greenwood & Co.
Charleston, WV: The widow of the late Arthur William Bautista has filed an asbestos lawsuit naming 49 defendants, which, she alleges are responsible for his asbestos lung injury and resulting death.
According to the asbestos lawsuit, Arthur William Bautista was diagnosed with lung cancer on Aug. 25, 2011, from which he died on November 7, 2011.
Gloria Bautista claims in her lawsuit, that her late husband was exposed to asbestos and/or asbestos-containing products during his employment at various work sites in West Virginia from 1971 until 2011.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
The 49 defendants include: 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Brand Insulations Inc.; BW/IP Inc.; CBS Corporation; Certainteed Corporation; Cleaver-Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulvan Inc.
How Much Asbestos is Safe?
July 10th, 2013. By LucyC
Is There a Safe Level of Asbestos Exposure?
On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure—and urging Americans to learn about the dangers of asbestos exposure. In short, the message is that there is no safe level of asbestos exposure.
In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”
Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.
Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.
The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:
Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.
Asbestos News Roundup: 7.4.13 – First Responders & Asbestos
July 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.
First Responders & Asbestos
In June, a Salvation Army Thrift Store in Philadelphia collapsed, killing six people. The building was in the process of being demolished, but hadn’t been checked for asbestos. First responders are now asking if there was asbestos in the building—they are worried for their health and possible risk for asbestos-related diseases such as mesothelioma and asbestosis.
The building, located at 22nd and Market Streets, collapsed on June 5. Firefighters were called to the scene as first responders, but were not wearing gear that would protect them from asbestos. In fact, reports indicate there were 125 emergency crews at the site, some of whom were there for hours. The rescue and recovery efforts ran from 10:45 am on Tuesday until late in the day on Wednesday.
First responders are just some of the people who may be at risk for asbestos exposure from work in old buildings. 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
The ATSDR also 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
New Orleans, LA: Elizabeth Gailyne Sutherland has filed an asbestos lawsuit against numerous defendant companies, which, she alleges, contributed to her asbestos exposure and resulting asbestos mesothelioma.
Mrs. Sutherland suffered secondhand or ‘take home’ asbestos exposure. In her lawsuit, she asserts her husband’s work for the defendants resulted in her inhalation of asbestos containing material and contraction of mesothelioma.
The defendant companies are: Alma Plantation LLC, Anco Insulation Inc., Arrowood Indemnity Company, Eagle Inc., Liberty Mutual Insurance Company, Metropolitan Life Insurance Company, Taylor-Seidenbach Inc. and the McCarty Corporation in the Orleans Parish Central District Court on March 11.
The asbestos lawsuit accuses the defendants of knowing the hazard their material contained but failing to warn petitioner, her husband and others of the potential danger of contact with the material, failing to provide safety equipment, failing to provide general ventilation in work areas, failing to warn that asbestos dust could be carried on the employee’s clothing and expose members of their households and selling, distributing and manufacturing asbestos containing products.
Mrs. Sutherland is seeking an unspecified amount for physical pain and suffering, medical expenses and rehabilitation, loss of earning and disability. (louisianarecord.com)
St. Clair County, IL: a Federal Employers’ Liability Act suit has been filed by Howard Sturgeon in alleging he was exposed to asbestos during his 28 years as a communications technician at CSX Transportation.
Specifically, Sturgeon claims through the course of his work, which involved wiring buildings and working in buildings that contained asbestos, he was exposed and inhaled asbestos.
According to the complaint, CSX: negligently and carelessly failed to provide a safe place to work; failed to warn of the presence and hazards of asbestos; failed to provide proper safety equipment; failed to provide safe buildings and equipment; and failed to provide safe methods of work.
As a result of his asbestos exposure, Sturgeon claims he has developed severe and permanent injuries to his lungs, respiratory system and body, all of which cause him to suffer great pain and mental anguish, lose money and earnings he otherwise would have earned and caused him to spend money for medical expenses.
Sturgeon is seeking damages in excess of $50,000. (madisonrecord.com)
Asbestos Settlements
Bloomington, IL: The family of Jake Lilienthal, who died in 2009 from asbestos lung disease, has been awarded $1.4 million in damages, by a McLean County jury.
According to the attorneys for the Lilienthals, Jake Lilienthal developed from his work for the GM&O Railroad from 1957 to 1972 at rail yards on Bloomington’s west side. His asbestos exposure continued after he transferred to the company’s shops in Paducah, KY, the lawsuit alleged.
After just two weeks, the jury found the railroad had knowledge of the hazards of asbestos and failed to warn Lilienthal, who is survived by his wife. (pantagraph.com)
Asbestos News Roundup: 6.20.13 – Are You at Risk for Asbestos Exposure?
June 20th, 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?
A $7.5 million asbestos lawsuit settlement was recently awarded to construction worker who developed a highly aggressive cancer after his exposure to asbestos. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.
But construction workers aren’t the only people at high 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
The ATSDR also 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
Gretna, LA: Julie Lavigne, the ex-wife of the late Michael Kenneth Lavigne, has filed an asbestos lawsuit against Shell Oil Company, Shell Chemical, Shell Chemical Company, Kellogg Brown & Root Inc., Brown & Root Inc., Lenny’s Plumbing Inc. and American Do All Corporation. The lawsuit contends that the companies exposed her ex-husband to asbestos through the course of his work for them, and as a result, she was secondarily exposed to asbestos, which resulted in her diagnosis of lung cancer. On August 6, 2012, Julie Lavigne was diagnosed with mesothelioma, a type of lung cancer caused by asbestos exposure.
According to the lawsuit, Lavigne shared a home with Michael Kenneth Lavigne from 1990 until 2008. During that time he worked for Kellog Brown & Root Inc., Shell Oil Company and Shell Chemical that included removing pipes and insulation, repairing old pipes that were insulated with asbestos and the handling and removal of the asbestos insulation itself.
The defendants are accused of failing to warn employees regarding the health hazards associated with asbestos exposure, failing to warn their employees against bringing asbestos-contaminated clothes home for laundering, failing to provide special work clothes which could be removed at the end of the work day, and not require home laundering, failing to provide showers at the workplace to enable employees to clean off asbestos dust and fibers before returning home, failing to advise employees that asbestos was an extremely dangerous substance, failing to implement adequate engineering controls to eliminate or substantially reduce their employee’s exposure to asbestos, failing to use asbestos-free insulation and other building products and failing to totally isolate and work activity to prevent asbestos exposure.
An unspecified amount in damages is sought for physical pain and suffering, mental pain and suffering, emotional distress, fear of dying, loss of enjoyment of life, medical expenses, disfigurement, embarrassment, physical impairment, loss of wage compensation, loss of fringe benefits, lost earning capacity, physical disability, mental disability, emotional and psychological anguish and distress, expert expenses, litigation costs, medical costs, loss of society, wrongful death and survival. (louisianarecord.com)
Charleston, WV: The Newsomes, from Jackson, Ohio, are suing 42 companies they allege responsible for a lung injury diagnosis. Ronald Newsome was diagnosed with asbestosis and pleural plaques on September 10, 2012.
According to their lawsuit, Mr. Newsome was exposed to asbestos and/or asbestos-containing products during his employment as a mixer, laborer and other various trades from 1958 until 1992.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
Certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 42 defendants include 3M Company; A.W. Chesterton Company; Brand Insulations Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; Copes-Vulcan Inc.; Crane Company; and Crown, Cork & Seal USA Inc.(wvrecord.com)
Asbestos Settlements
Jefferson County, TX: The children of the late Barney Tarver have settled their suit against Chevron USA and Union Oil of California, which alleged the companies negligently exposed their father to asbestos throughout his career. No details of the settlement have been made public.
The lawsuit, filed on behalf of Mr. Tarver’s estate on March 6, 2012, alleged that Barney Tarver was employed at the Gulf Oil Refinery in Jefferson County, where he was exposed to asbestos dust and fibers. As a result of his asbestos exposure, Tarver developed mesothelioma and died on January 27, 2012.
The lawsuit accused the defendants of negligently failing to warn workers of the dangers of asbestos. The plaintiffs were suing for punitive and exemplary damages. (setexasrecord.com)
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