lawsuits Archive

Asbestos News Roundup: 5.30.13 – Asbestos in Schools

May 31st, 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—Did You Know?

Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.

Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html

Asbestos Lawsuits

Pittsburgh, PA: Frank Kozlowski and his wife, Marie, of Melbourne Beach, Fl, have filed a short-form complaint in the master asbestos litigation docket in Philadelphia on April 26 against 17 companies that they allege are responsible for exposing Frank to asbestos dust and fibers. This exposure, they plaintiffs claim, is responsible for Frank’s recent lung cancer diagnosis.

According to the lawsuit, Frank Kozlowski was a pack-a-day smoker from 1957 to 2006, and was diagnosed as having lung cancer by his Florida physician on Januray 21, 2013.

Mr. Kozlowski worked as a laborer from 1959 to 1962, at the Portsmouth Naval Yard in New Hampshire from 1963 to 1967, and as an auto worker at Ed Roth & Sons in Glassboro, NJ, in 1968, the complaint states. The suit also states Frank did additional automobile work throughout the 1970s, and spent time working at both the Bremerton Naval Yard and Naval Station Norfolk during the early-to-mid 1960s.

The following defendants are named in the complaint: Air & Liquid Systems Corp., Aurora Pump Co., Borg-Warner Corp., Byron Jackson Pumps, CertainTeed Corp., Dana Companies LLC, Foster Wheeler LLC, General Electric Co., Georgia Pacific LLC, Honeywell International Inc., IMO Industries Inc., Maremont Corp., Metropolitan Life Insurance Co., Owens-Illinois Inc., Pneumo Abex LLC, and Warren Pumps LLC.

The Kozlowskis are seeking damages as set forth in the master asbestos litigation at Philadelphia’s Common Pleas Court. The case ID number is 130404113. (pennsylvaniarecord.com)

Charleston, WV: 48 companies have been named as defendants by a couple who allege they are responsible for the husband’s diagnoses of lung cancer and asbestosis. On September 12, 2011, Kenneth Joseph Morris was diagnosed with lung cancer and asbestosis on April 30, according to their asbestos lawsuit. The Morrises claim the 48 defendants exposed Kenneth Morris to asbestos-containing products during his employment as an electrician from 1964 until 2001. According to the lawsuit, Morris smoked cigarettes for 30 years, but quit in 2001.

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, and certain defendants are also being sued as premises owners and as Kenneth Morris’ employers for deliberate intent/intentional tort.

The 48 defendants in the suit include: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations Inc.; Buffalo Pumps Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulcan Inc. Kanawha Circuit Court case number: 13-C-924 (wvrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues, lawsuits | No Comments »

SRSLY? ABA Rep Tries to Defend High Caffeine Energy Drinks #EpicFail

May 30th, 2013. By AbiK

Love it when a reader comments on one of our articles and her comment tries to defend something absurd. Like energy drinks with a sh*tload of caffeine in them. That young kids are drinking. And potentially even dying from.

This reader, who left her message with the screen name “MaureenatABA” (note, a quick gander over at the ABA site shows a Maureen Beach as their Director, Communications. Coincidence?) —and for those of you thinking that’s the American Bar Association, no, that would be the American Beverage Association—commented on a recent article we posted, “Monster Energy Drinks Attorney Weighs In“, in which attorney Kevin Goldberg with Goldberg, Finnegan & Mester provided insight on what’s wrong with how energy drinks are classified (or not) by the FDA. It’s a dubious system at best.

Needless to say, as one of the attorneys representing the family of Anais Fournier, the 14-year-old girl who drank two bottles of Monster Energy drinks and went into cardiac arrest and died six days later—Goldberg has some unique insight into energy drinks (and I imagine a hell of a lot of discovery). The Monster drink lawsuit, btw, is a wrongful death one that alleges not only dangerous levels of caffeine in the drink, but inappropriate marketing of the energy drink to children.

I should share MaureenatABA’s comment:

“Most energy drinks contain significantly less caffeine than a similarly-sized cup of coffeehouse coffee.  In fact, many contain about half (http://bit.ly/11FcrFN).  In addition, a Harvard study revealed that there is not enough caffeine in a standard energy drink to trigger an arrhythmia, even in a person with a pre-existing heart condition (http://1.usa.gov/16gzKXN).  Energy drinks have been enjoyed safely by millions of people around the world for more than 25 years and in the U.S. for more than 15.- Maureen at ABA“

Well, Maureen, posting a link to the ABA’s chart depicting caffeine levels in a soft drink, an energy drink, and a cup of coffee is a bit lame. It’s a pretty picture, of course, though the scale of the 16-oz. soft drink icon is a bit off and the blatant green circle on the coffee clearly (and shamelessly, c’mon) targets Starbuck’s—but that’s all it is: a picture. It doesn’t cite independent sources that have tested for caffeine levels, and oddly, it shows a different story than what Consumer Reports reported back in December when it—independently—provided a different chart that listed caffeine levels in specific brand name drinks. If you missed that chart, it’s shown at right.

Oh MaureenatABA—I forgot—you’re probably then saying that there’s that Harvard study you referenced! You are so right. And here’s some interesting things about that:

1. It’s from 1989.

2. The mean age of the study participants was 61 years.

3. The drinks the study participants received had 200 mg caffeine in them.

Forgive me, but what Goldberg is dealing with is…

1. Something that happened recently. Note that you mention that these energy drinks have been in the U.S. for the last 15 years. According to my math, 2013 minus 15 years brings us to 1998—which is almost a DECADE after the Harvard study was done. The authors of the study surely did not have a supply of today’s energy drinks to test.

2. A younger population. Rather than a population reaching retirement, the lawsuit focuses on a 14-year old child (and, as a class, all children).

3. Caffeine levels that go beyond 200 mg “modest dose” administered in the Harvard study.

For those of you who want a less skewed perspective on the Monster Energy Drink lawsuit, I’d suggest reading Jane Mundy’s interview with attorney Kevin Goldberg. And stay tuned.

 

Tags: American Beverage Association, Caffeinated Drinks, Goldberg Finnegan & Mester, Kevin Goldberg, Monster Energy Drink, Wrongful Death
Posted in Class Action, Consumer Fraud, lawsuits | 2 Comments »

Asbestos News Roundup: 5.23.13 – Oklahoma Tornado Asbestos Risk

May 23rd, 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 Debris After F5 Tornado in Moore, OK

Photographs of the devastation wreaked by the F5 tornado that tore through the town or Moore, OK earlier this week, cannot accurately convey the full risk residents face as they begin cleaning up. Apart from sharp metal and electrical debris, contaminated water, lead paint and broken glass, there is the very real risk exposure to asbestos.

As was done following the tornado that flattened Joplin, MO, nearly two years ago to the day, the experts are warning that many of the homes in Moore were built with asbestos. In Joplin, 2,600 tons of asbestos debris were removed following the 2011 tornado. A similar scenario could be facing residents of Moore.

There was a building boom in Moore in the 1960s and 1970s, at least a decade before the dangers of asbestos became publicly known, and a time when asbestos was widely used in the construction industry. Many houses and other buildings in Moore likely contain asbestos—in roofing tiles, electrical insulation, toilet gaskets, furnaces, and dry wall mud, for example.

Because the chronic health effects of asbestos exposure may not become apparent for up to 30 years, the experts are recommending caution when cleaning up—wearing gloves and masks at a minimum.

You can find comprehensive recommendations for cleanup can be found at the Oklahoma Department of Environmental Quality’s website: http://www.deq.state.ok.us/tornado/tornado.html

Asbestos Lawsuits

New York, NY: An asbestos lawsuit has been filed on behalf of Moriah Center, NY, resident, Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.

According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper Mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.

International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry in the late 19th century. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.

As per the lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)

Jefferson County, TX: Chevron USA is facing an asbestos lawsuit filed by the children of the late Nathan Guillory. In their lawsuit, Randall Guillory, Lindall Guillory and Beth Harper allege the company exposed their father, Nathan Guillory, to asbestos dust and fibers. As a result, he developed asbestos related diseases and died on May 23, 2011.

The suit alleges Chevron knew for decades that asbestos could cause cancer and yet still allowed employees to work around the mineral without warning them of the dangers.The plaintiffs are suing to recover exemplary damages. (setexasrecord.com)

Asbestos Lawsuits and Bankruptcy

In a recent ruling, US Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware has determined that Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), may owe current and future victims of asbestos poisoning $1.17 billion.

Bloomberg USA is reporting that “the judge sided with lawyers representing asbestos claims and rejected the method Bondex and Specialty Products Holding Corp. used to estimate they owed no more than $575 million.”

“We decline to accept debtors’ novel approach in this case,” Fitzgerald wrote in her opinion.

In May, 2010, Bondex and Specialty Products filed for bankruptcy in May 2010. (Bloomberg.com)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues, lawsuits | No Comments »

Asbestos News Roundup: 5.9.13 – Second-Hand Asbestos Risk

May 9th, 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.

Family Members at Risk for Asbestos Disease

The recent case of John Mays, below, who died from mesothelioma, highlights how asbestos dust represents a danger not just to those who worked in heavy industry, but also to their family members who were in daily contact with them.

The lawsuit filed on behalf of the estate of the late John Mays, claims he suffered secondary asbestos exposure through his father who was a laborer. Recently, we also reported on the case of a 78-year old women succumbed to asbestos mesothelioma which she developed as a result of having breathed in second-hand asbestos fibers as she shook out the work clothes of her husband and son, who worked at a power station.

There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure—secondary exposure caused, for example, by wives beating their husband’s dusty overalls as they hung on a washing line, or shaking them off in a doorway before putting them in a washing machine. Their husbands worked in industries such as mining, ship-building, construction, plumbing and electrical.

Children and even grandchildren have also been put at risk, running up to a returning parent to give them a hug as they return from work, or sitting on their knee as they wear their dusty work clothes. The risk of loved ones being accidentally exposed is unfortunate and just adds to the tragic legacy of asbestos. But as this latest case shows, it is something that family members need to be made aware of.

Asbestos Lawsuits

Schenectady, NY: An asbestos lawsuit has been filed on behalf of Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.

According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.

International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.

As per the asbestos lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)

St. Clair, IL: An asbestos lawsuit has been filed on behalf of Neda Flake-Mays, who is special administrator of the estate of John Mays, alleging 60 defendant companies caused Mays to develop lung cancer after his exposure to asbestos-containing products throughout his career.

According to the lawsuit, Mays worked as a bulldozer driver at Job Corps Cooking from 1963 until 1965, as flooring maker at E.L. Bruce from 1965 until 1967, as a wood paneling maker at Evans Products from 1967 until 1969 and as a chemical mixer and operator at Humko Chemical from 1969 until 1991. The complaint also claims Mays suffered secondary asbestos exposure through his father who was a laborer at Nikki Brothers.

Flake-Mays lawsuit claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ or their deceased relative’s safety.

As a result of his asbestos-related diseases, the lawsuit states Mays became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, Mays became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.

In her 10-count complaint, Flake-Mays is seeking a judgment of more than $150,000, economic damages of more than $200,000, punitive and exemplary damages of more than $50,000, 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.

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, lawsuits | 1 Comment »

Asbestos News Roundup: 4.11.13 – Surgeon General’s Asbestos Statement

April 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.

No Safe Level of Asbestos Exposure – Surgeon General Issues Statement

On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning 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 Lawsuits

Charleston, WV: Wayne Junior Rider, who was diagnosed with an asbestos related lung injury on January 28, 2012, has filed an asbestos lawsuit naming 55 companies he alleges are responsible for his illness.

In his lawsuit, Rider claims the defendants exposed him to asbestos and/or asbestos-containing products during his employment at various work sites in and around West Virginia from 1944 until 1980.

Rider is suing the defendants based upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Rider’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 55 defendants in the suit include: 3M Company; A.C.F. Industries; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; CBS Corporation; Certainteed Corporation; and Cleaver-Brooks Company, Inc. (wvrecord.com)

Jefferson County, TX: Ann Skelton, the recent widow of Robert Skelton, has filed an asbestos lawsuit naming E.I. DuPont De Nemours as the defendant. In her lawsuit, Skelton claims the company exposed her late husband to asbestos throughout the course of his career, and that exposure subsequently led to the illness which caused his death.

According to the lawsuit, DuPont employed Robert at its Beaumont Works facility, where he was exposed to asbestos containing products.

The lawsuit alleges that as a result, he developed lung cancer, “from which he died a painful and terrible death on February 6, 2013.”

The defendant is accused of using benzene products without warning workers of the health risks and failing to take proper safety precautions. Skelton alleges the defendant acted with malice, entitling her to exemplary damages. (setexasrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma
Posted in Asbestos Mesothelioma, lawsuits, Settlement | No Comments »