Personal Injury Archive
Asbestos News Roundup: 3.29.12 (Spotlight: Asbestos and Railway Workers)
March 30th, 2012. 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 Workers at Risk
Railway workers…. Every week new asbestos lawsuits are filed, many of them by retired railway workers or their widows. Case-in-point—the lawsuit below filed by the widow of a retired BNSF railway man, who died from asbestos-related lung disease.
Asbestos exposure was a constant danger for people working on or around the railways in the US. Because of its insulating properties, asbestos was used to insulate steam and diesel locomotives, boxcars and cabooses, refrigeration units, pipes, and pipes, steam and hot water lines. Asbestos was also widely used in railroad brakes and clutch linings, gaskets, and in heavy-wearing floor tiles for passenger cars. And, during locomotive inspections it was not uncommon to have asbestos insulation stripped off the boilers, which would send asbestos fibers into the air and onto people’s clothing, affecting everyone in the vicinity—as well as family members at home.
Railway Worker’s Widow Sues BNSF
St. Clair County, IL: The wife of a recently deceased railroad worker, Anthony Ianno, filed an asbestos lawsuit recently against her husband’s former employer, BNSF Railway Company. In her lawsuit, Norina M. Ianno claims the railway company contributed to her husband’s death by exposing him to asbestos fibers throughout his employment with them.
Mrs. Ianno claims her husband developed asbestosis, lung cancer and another unspecified lung disease after he was exposed to asbestos fibers through his employment as a dock foreman and clerk from 1954 until 1986 for BNSF Railway Company. In addition to asbestos fibers, Mrs Ianno alleges her husand was also exposed to diesel exhaust, tobacco smoke, silica and other toxic gases, which also contributed to his disease.
Norina blames BNSF for causing her husband’s disease because, she says, the railroad negligently failed to provide Anthony Ianno with safe work, failed to provide him with equipment to protect him from asbestos fibers, exposed him to asbestos, failed to warn him of the hazards associated with asbestos and agreed to conceal the hazards of asbestos exposure.
Because of Anthony Ianno’s respiratory illness, he endured great pain, suffering, disability, disfigurement and mental anguish and lost his enjoyment of life, the suit states. He also incurred medical costs, the lawsuit states.
And, Mrs. Ianno claims that following her husband’s death on March 6, 2009, she lost his financial support. Consequently, she is seeking a judgment of more than $100,000, plus costs. (Madisonrecord.com)
Asbestos Settlements
St. Clair, IL: The Illinois Supreme Court has ruled against CSX Transportation and in favor of the family of Annette Simpkins of Granite City, IL, who died of asbestos-related cancer after her husband brought the toxic dust home on his clothing from the railroad. The ruling yesterday returns the case to Madison County, IL, for trial after a majority of Supreme Court justices found that an employer has an obligation to warn workers and their families about the dangers linked to take-home asbestos exposure.
According to the complaint in Simpkins, et al. v. CSX Transportation, Mr. Simpkins brought asbestos dust home on his clothes in the 1960s while working for CSX Transportation, formerly B&O Railroad. Mrs. Simpkins was exposed while Read the rest of this entry »
GAO: IRS Taxpayer Data not Secure Enough
March 22nd, 2012. By AbiK
Your taxpayer info may be at risk. That’s comforting news as millions of Americans are gearing up to submit those 1040’s, eh?
Yes, the GAO—that would be the US Government Accountability Office—released a report this month titled: “Report to the Commissioner of Internal Revenue; Information Security: IRS Needs to Further Enhance Internal Control over Financial Reporting and Taxpayer Data”. It gives new meaning to the phrase “IRS Audit”…
So here’s the deal: your taxpayer information may not be safe over at the IRS, which sounds like a security breach waiting to happen.
Hearing this is reminiscent of that AA 12-step adage: ‘admission is the first step to recovery’; i.e., it’s one thing when others point the finger about a problem—it’s another when you point the finger at yourself. Hell, then the problem must really exist—and that’s what’s a bit disturbing here—this is a government report pointing the finger at…the government. Time to raise an eyebrow, folks.
According to the GAO Report (GAO-12-393, 3/16/12), while the IRS did implement security controls and procedures for its financial and tax-processing systems, there are weaknesses in those controls and procedures. Weaknesses the GAO point-blank states “continue to jeopardize the confidentiality, integrity, and availability of the financial and sensitive taxpayer information processed by IRS’systems.”
Here’s another gem from the report: “…IRS’s security testing and monitoring continued to not detect many of the vulnerabilities GAO identified during this audit.”
Remember that viral TSA video last week—the one where Jonathan Corbett makes a mockery of TSA full-body scanners? The scanner in that instance ‘continued to not detect vulnerabilities’, too. That video has gotten roughly 1.9M views on YouTube to date and caused outrage on social networks. But, ok, not everyone flies or is online keeping abreast of viral videos—everyone, however, pays taxes. Everyone should be outraged by this.
Specifically, the GAO points to the following as examples in which the IRS systems fail to control access to information:
- IRS had not always implemented controls for identifying and authenticating users–such as having users create new passwords after set time intervals;
- IRS hadn’t appropriately restricted access to certain servers;
- IRS had not always ensured that sensitive data were encrypted as the data were being transmitted;
- IRS didn’t always audit and monitor systems to ensure that unauthorized activities would be detected;
- IRS had not always ensured management validation of access to restricted areas;
- IRS had not always patched or updated software leaving the agency exposed to known vulnerabilities;
- IRS had not enforced backup procedures for a ‘key system’;
Anyone for storming the Bastille after reading that?
You’ve Heard of Thalidomide Babies, what about DES Babies?
February 21st, 2012. By AbiK
It’s a startling reality that DES Mothers, DES Daughters and DES Sons live with—that not many people know about or have heard about the pregnancy drug DES—diethylstilbestrol—or the harmful effects its had on both mothers who took the drug, and children who were exposed to the drug in utero.
DES was prescribed during the 1940’s to the 1970’s to expectant mothers who were at risk for miscarriage or pre-term delivery. The drug, however, was found to potentially cause clear cell adenocarcinoma (CCA), a rare form of vaginal and cervical cancer; reproductive tract structural changes such as a T-shaped uterus; complications in pregnancy such as ectopic (tubal) pregnancy and pre-term delivery; and infertility.
DES finally had its FDA approval revoked in 2000 (it had been recommended that doctors not prescibe it in 1971)—but not until potentially millions of mothers and children had been negatively affected by it. And those children are now between forty and seventy years of age or so—some of whom have lived through infertility or miscarriages of their own with out knowing that the reason could be connected to exposure to DES.
And that begs the question: why do so few people know about DES and the damage its caused? DES seems to be in the shadows of thalidomide—so much so that it’s been referred to as the ‘silent thalidomide’ in the press.
There are some possible reasons why, of course.
First, thalidomide was never approved for use in the US. DES was approved which perhaps made it appear less pernicious—after all, ‘my doctor prescribed it’.
Second, thalidomide babies could not help but evoke the collective sympathy and outrage of all who had seen a picture of an innocent newborn with severe birth defects such as missing or shortened arms or other severe disfigurement. There are no alarming pictures of DES victims—only faces; and those faces look just like you or me.
And finally, thalidomide, by its horrific nature, wove its way into popular culture—probably the most familiar evidence of this for many is the Billy Joel lyric from “We Didn’t Start the Fire”.
Diethylstilbestrol (DES), however, has potentially affected many more women in the US—and their children and perhaps their children’s children (aptly called ‘DES Third Generation’)—than thalidomide and is in some ways a much more heinous drug in that DES is the one that slipped through the proverbial cracks—the one that the FDA didn’t put the brakes on—soon enough.
Perhaps you now know about DES. But more importantly, do you know if you were on DES or exposed to it?
Propecia Isn’t Supposed to Make Things Disappear, is it?
February 15th, 2012. By AbiK
Funny thing happened on the way to the Propecia website—it wasn’t there! LawyersandSettlements.com recently posted an article about the disappearing act that Merck did with its Propecia site (see image) but one can’t help but appreciate the irony of something that’s supposed to be marketed to make hair appear now, well, disappearing. Stay tuned. And meanwhile, if you or someone you know has used Propecia and lost more than you gained (i.e., lost sexual desire or the ability to perform sexually), read more about Propecia lawsuits here.
Asbestos News Roundup: 2.10.12
February 10th, 2012. 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
St. Louis, MO: Four new asbestos lawsuits were filed in St. Louis recently. Specifically, Louise Della-Croce is suing 16 defendant corporations; Kathleen A. Kelly filed an asbestos lawsuit against 39 defendant corporations; Khachick Khodadadi filed a lawsuit against 15 defendant corporations; and Raymond Pitrucha Jr. and Rhonda Marsh of Missouri filed an asbestos lawsuit against 18 companies.
In her asbestos lawsuit, Louise Della-Croce accuses the 16 defendant corporations of causing the asbestos illness and related death of her late husband, Albert Della-Croce. In her lawsuit she claims that Albert developed asbestos mesothelioma following his exposure to asbestos-containing products throughout his career.
While the lawsuit does not indicate where Della-Croce resides, it does state that that he worked as a farmhand, driver, refrigeration pipefitter and laborer in Colorado and California. The lawsuit also claims that as a result of his asbestos-related disease he became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, he has been prevented from pursuing his normal course of employment and, as a result, has lost large sums of money that would have accrued to him.
In her four-count complaint, Louise Della-Croce is seeking actual and compensatory damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus other relief the court deems just.
In the second of the four asbestos lawsuits recently brought, Kathleen Kelly alleges her mother, Anna Marie Kelly, developed mesothelioma after she worked as a receptionist, ranch worker, laborer and clerical worker at various locations from 1976 until 1992. Kathleen also claims her mother was secondarily exposed to asbestos fibers through her ex-husband, Thomas Tegro, who worked as a laborer from 1976 until 1983.
Ms. Kelly states in her lawsuit that as a result of her mother’s asbestos-related disease her mother became disabled and disfigured, which in turn caused medical costs, great physical pain and mental anguish. Further, Mrs. Kelly was prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her.
In her four-count complaint, Kathleen Kelly is seeking punitive and exemplary damages of more than $50,000 and actual and compensatory damages of more than $50,000.
The third lawsuit, filed by Khachick Khodadadi, alleges she personally developed asbestos mesothelioma after she worked as an accounting and financial analysis advisor from 1969 until now. Khodadadi alleges the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her safety. The lawsuit also claims that as a result of her asbestos-related disease Khodadadi became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, she has been prevented from pursuing her normal course of employment and, as a result, has lost large sums of money that would have accrued to her.
In her four-count complaint, Khodadadi is seeking actual and compensatory damages of more than $50,000 and punitive and exemplary damages of more than $50,000.
In the fourth lawsuit, Pitrucha and Marsh allege their recently deceased father, Raymond Pitrucha Sr., developed lung cancer after his exposure to asbestos products throughout his career as a laborer, drywaller and sheetrocker from 1960 until the 1990s throughout several midwestern states.
The lawsuit claims 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 his asbestos-related diseases, Raymond Pitrucha Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. 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, the lawsuit states.
Because of Raymond Pitrucha Sr.’s death, his family has incurred funeral costs and been deprived of his support and society.
In their four-count complaint, Raymond Pitrucha Jr. and Marsh are seeking actual and compensatory damages of more than $125,000 and punitive and exemplary damages of more than $50,000 and punitive damages in an amount sufficient to deter Ferris Kimball from performing similar acts in the future, plus costs and other relief the court deems just. (madisonrecord.com)
Find us on
Archive by Category
- Accidents (24)
- Airlines (9)
- Asbestos Mesothelioma (262)
- Automotive (25)
- Celebrity (14)
- Class Action (84)
- Complaints/Comments (15)
- Consumer Fraud (84)
- Contest (2)
- Court of Public Opinion (5)
- Crazy Sh*t Lawyers See (61)
- Criminal Law (4)
- Defective Products (111)
- DePuy ASR Hip Recall (2)
- Discrimination (22)
- Drugs/Medical (248)
- Elder Care Abuse (4)
- Emerging Issues (462)
- Employment (54)
- Environment (52)
- Financial (28)
- Food Illness (15)
- Human/Civil Rights (4)
- Insecurities (5)
- Insurance (16)
- Intellectual Property (16)
- Internet/E-commerce (19)
- lawsuits (161)
- Lawyers (20)
- Lawyers Giving Back (43)
- Lex Levity (10)
- Personal Injury (106)
- Pleading Ignorance (53)
- Real Estate (2)
- Recall (6)
- Scam (3)
- Securities (13)
- Settlement (81)
- Tort Reform (2)
- Totally Tortelicious (81)
- Veterans (11)
- Whistleblower (9)