lawsuits 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 »

Surgical Mesh Implant Infographic Sums Up TVM Problems

December 24th, 2012. By AbiK

2013 will prove to be the “Year of the Transvaginal Mesh Lawsuit”, if a quick look at the upcoming court dates is indicative of anything. The first TVM lawsuit to go to trial will be the multi-district litigation (MDL) In re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2187), which heads to court in February.

Three more transvaginal mesh (also referred to as “transvaginal sling”) MDL’s start heading to court in 2013 as well–though later in the year, with the first slotted for December 3, 2013. Those cases are: In re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2325); In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2327); and In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (MDL No. 2326).

This transvaginal mesh infographic shows the history of the medical implant and also the problems the mesh has faced (or, allegedly created) along the way. The depiction was created for the Rottenstein Law Group in NYC.

Tags: Transvaginal Mesh, transvaginal sling, TVM, TVM lawsuit
Posted in Drugs/Medical, Emerging Issues, lawsuits | 3 Comments »

Asbestos News Roundup: 12.20.12 – Auto Mechanic Asbestos Exposure

December 20th, 2012. By LucyC

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
Posted in Asbestos Mesothelioma, lawsuits | No Comments »

Restaurant, Phone Book Settle After Carcass Removal Screw Up

December 17th, 2012. By AbiK

How well do you think your restaurant business would be doing if your phone book listing was tucked under the “Animal Carcass Removal” section in the local yellow pages?

Well, that’s just what this negligence lawsuit in Montana was about.

According to an AP report, a restaurant—Bar 3 Bar-B-Q—which has locations in Bozeman and Belgrade MT (and its own BBQ sauce, see left), was listed under “Animal Carcass Removal” in the yellow pages there. Now, forget about the simple fact that anyone looking under “Restaurants” would simply not see Bar 3 Bar-B-Q listed—that’s only half the issue. What about the people who actually notice the restaurant listed right along with other dead animal removal services?

That raises a whole bunch of questions not the least of which is…what exactly would a restaurant do with those dead animals? Re-purposed roadkill could, imaginably, help defray increasing food costs and give new meaning to “local beef”—though one can only think it would be a matter of time before something else that’s local—the health department—would have something to say about it.

Clearly, someone messed up and Hunter Lacey, who owns Bar 3 Bar-B-Q, was none too pleased. A late-night Jay Leno crack about it didn’t exactly help either—what was a local beef (pun intended) suddenly became a nationally known joke. It also didn’t help that the listing was not only originally printed in the 2009 phone book (when all this began) but that it was subsequently picked up in other phone directories in 2010 and 2011. Ouch.

So Lacey filed a negligence, defamation and slander lawsuit against the phone book company, Dex Media, Inc. And the two (Dex and Bar 3’s parent company, Big Sky Beverage) have finally settled.

According to AP, Dex had said that the listing was erroneous and that they removed the listed upon its discovery. Terms of the settlement have not been disclosed, but reports indicate that it would include a payment to the restaurant owner.

Tags: Bar 3 Bar-B-Q, Defamation, Negligence, Restaurant Lawsuit, Settlement, slander, yellow pages
Posted in Emerging Issues, lawsuits | 1 Comment »

Best Dating Advice for Online Dating: Mum’s the Word re: Murder!

November 26th, 2012. By johnnyspade

If you’re reading this, you’re about to get the best “how-to” tip for creating a successful dating profile on the top dating websites. You ready? Here it is: don’t tell prospective dates that you killed your husband. That kind of info probably won’t land Mr. Dreamboat. But you should probably have a little more background on this one, so read on…

See there’s this woman from Vermont—Christine Billis—who, back in 2009, was in an awful car accident. She was driving and her husband, Charles Billis, was in the front passenger seat. Christine apparently had her seat belt on; Charles did not.

The accident occurred on Route 5A in Charleston, VT. Christine, at the wheel of the car, drove the car into a tree. She survived, her husband did not.

At first, it appeared to be just an awful accident. After all, what else could it have been?

Life went on and Christine must’ve felt it was time to get back into the game of love, so, she joined the online dating website, OKCupid. (Note for those who care, About.com calls it the ‘best free dating site on the web’…fwiw). Hey, Christine knows how to pick ’em.

Ahh, but she did not know how to pick her guy. Heck, who does when just about anyone can create a glowing, attractive profile online, right? Everyone’s so beaauutiful and successful there…

Well, Christine fell—hook, line and sinker apparently as she felt super-comfortable letting it rip with one particular suitor. That would be Kevin Leland. She trusted Kevin for sure—otherwise she wouldn’t have told him (in Leland’s words, according to a report on NECN.com), “I killed him. I drove him into the tree on purpose. I did it on purpose.”

Christine, Christine, what were you thinking? Didn’t you know that Rule #1 in dating—especially online dating—is don’t reveal everything? You know, a little mystery is sexy—that sort of thing?

Well, reveal she did. And then Kevin did a little revealing himself. To the local police!

Sidenote: Kevin, our seemingly angelic tattletale, was caught at a later date at the border with a gun and drugs, according to a report by WCAX.com. Earth to Christine…

Oh, should mention, too that Kevin started blogging about his new ‘police informant’ role as well—the pic of Christine Billis above is from his blog.

Long story short—and fast-forward—Christine was charged with first-degree murder. The charges were ultimately reduced after a plea bargain deal for manslaughter, for which Billis has now been sentenced to 7 – 15 years in prison. Moral of story: if you’re going to commit murder, don’t share that little tidbit with your online dating connections.

Aside from the fact that Christine is living proof of the dangers of feeling too comfortable online with people you don’t know, and aside from the fact that a man was killed, reports indicate that the reason Christine Billis took her husband’s life was because she suffered from his mental and verbal abuse.

Abuse of any kind is serious—but killing someone is not usually the way to go unless, one could imagine, it’s truly in self-defense. Any woman (or man) who is suffering from abuse by a spouse or partner should contact the National Domestic Violence Hotline at 800-799-SAFE (7233) or visit www.thehotline.org. You can also visit www.safehorizon.org.

Posted in Criminal Law, lawsuits | 17 Comments »