Settlement Archive

Asbestos News Roundup: 1.3.13 – Hurricane Sandy Cleanup & Asbestos

January 3rd, 2013. 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.

Hurricane Sandy Clean Up & Asbestos Risk

Hurricane Sandy left a path of destruction across many parts of heavily populated areas along the coasts of New Jersey and New York. Some estimates have put the total property destruction due to Hurricane Sandy at $20 billion.

Many of these damaged areas are currently in the process of demolition and rebuilding. Health expert have been warning people to be on the lookout for asbestos containing materials during this process. Many of the buildings damaged by Hurricane Sandy were constructed before the use of asbestos in building materials was banned, so they may contain asbestos in a wide variety of building materials that can be found both inside and outside of the property.

Even the process of drying out one of these damaged buildings can release asbestos fibers into the air. If not conducted properly, the drying process can result in airborne contaminants being spread throughout a property, even into areas not damaged by the storm.

According to the U.S. Environmental Protection Agency (EPA), “Exposure to airborne friable asbestos may result in a potential health risk because persons breathing the air may breathe in asbestos fibers. Continued exposure can increase the amount of fibers that remain in the lung. Fibers embedded in lung tissue over time may cause serious lung diseases including asbestosis, lung cancer, or mesothelioma.”

Consequently, people need to be aware of possible asbestos hazards in their properties. This is especially true for homeowners who are taking on the task of fixing their properties themselves, who may not realize that they may be exposing themselves, their family, or others to dangerous asbestos fibers.

Asbestos Lawsuit

Jefferson County, TX: The executrix of the estate of the late Arlis Hall has filed an asbestos lawsuit naming AMF and 16 other companies as defendants. In her lawsuit, Sherri Hall alleges the defendants negligently exposed her benefactor to asbestos. In addition to punitive damages, the plaintiffs are suing for their mental anguish and loss of companionship.

Specifically, the asbestos lawsuit claims that Arlis Hall was exposed to asbestos products throughout his career working at a refinery. The lawsuit alleges the defendants negligently manufactured, sold and used asbestos containing products despite having actual knowledge of the health hazards associated with the carcinogen.

The other defendants named in the suit include: B&B Engineering & Supply, Bridgestone Americas Tire Operations, Certainteed, Chevron U.S.A., E.I. DuPont De Nemours, Entergy Texas, ExxonMobil, Foster Wheeler Energy, Foster Wheeler USA, Goodyear Tire & Rubber, Guard-Line, Gulf Oil, Huntsman Petrochemical, Texaco, Wyeth Holdings and 4520 Corp. (setexasrecord.com)

Jefferson County, TX: Nelda Humble, the widow of Keltus Humble, has filed an asbestos suit naming Goodrich Corp. and Michelin North America as defendants.

In her complaint, Mrs. Humble claims that Keltus Humble was exposed to asbestos dust and fibers while employed by B.F. Goodrich in Jefferson County. “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 Sept. 9, 2012,” the asbestos lawsuit states.

The lawsuit claims the defendants were negligent in their failure to warn employees of the health dangers known to be associated with asbestos. (setexasrecrord.com)

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

Southwest Learns Not to Screw a Lawyer out of a Drink (ever) & Gets a Hefty Bar Tab

December 28th, 2012. By AbiK

Important tip: If you’re going to screw someone out of a drink, make sure he’s not a lawyer.

Southwest Airlines learned that the hard way last week when a judge approved the settlement for the recent class action lawsuit in which Southwest screwed its Business Select ticket purchasers out of some drinks.

Apparently, the way things were (where’s Barbra Streisand when you need her?) at Southwest, if a passenger purchased tickets through their premium Business Select program, the passenger would receive drink vouchers—valued at $5 each and with no expiration date—that they could then use in-flight.

Well, all fine and dandy until the fateful date of August 1, 2010. That’s when Southwest changed the rules of the game and decided that those drink vouchers could only be used on the day of travel that was printed on the ticket. Hmm…thinking of stockpiling vouchers for that red-eye flight? Not anymore you aren’t (and you may want to hold off on popping the Ambien…)

So someone raised an eyebrow at the switcheroo in policy and that someone was an attorney: Adam Levitt (of Wolf Haldenstein Adler Freeman & Herz in Chicago).

Levitt, clearly being an ‘e pluribus unum’ kind of guy, figured he wasn’t the only one affected by the disappearing drinks act and, therefore, from the many affected one class was formed and a Southwest Airlines drink voucher class action lawsuit was filed (November 16, 2011). Levitt, it goes without saying, was the initial plaintiff in the case.

According to Business Insider, the breach of contract lawsuit settlement affects those Southwest Airlines passengers who purchased tickets prior to August 1, 2012 through the Business Select program and received drink vouchers but did not redeem them–note, the settlement does not affect passengers who earned drink vouchers via the frequent flier program Rapid Rewards.

Further, BI reports that the drink voucher settlement entitles eligible fliers to new drink vouchers—even if they no longer have the original unused vouchers—for each voucher the passenger claims they had earned but not redeemed. The settlement drink vouchers will be good for one year.

Drink voucher lawsuit class members will reportedly be notified of the settlement and how to submit a claim over the next few weeks.

Chicago attorney Joseph Siprut, who represented the ‘took the drink right out of my hands’ victims, is quoted in BI as saying, “This settlement is a grand-slam result for the class, as consumers are recovering 100 cents on the dollar.” (not a shabby recovery, btw).

It’s estimated the Southwest drink voucher settlement could cost the airline in the area of $29 million, given that there are potentially 5.8 million fliers who are part of the class, having purchased and flown Southwest via the Business Select program between October 2007 and August 2010.

 

Tags: Attorney Adam Levitt, Class Action Lawsuit, Drink Voucher Lawsuit, Joseph Siprut, Settlement, Southwest Airlines, Southwest Business Select
Posted in Airlines, Class Action, Emerging Issues, lawsuits, Settlement | 9 Comments »

Asbestos News Roundup: 12.13.12 – Home Renovation Asbestos Risk

December 13th, 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.

Do-It-Yourself Home Renovation and Asbestos Exposure Risk

With Christmas just around the corner, many people may be considering the gift of a home renovation—large or small— and putting those brand new power tools that arrived as Christmas presents, to good use.

But before you go smashing through walls and ripping out old insulation, piping and wiring—do your homework. Dangers may lurk within the walls, ceilings or floors of your home is older, chances are it contains asbestos.

For example, asbestos siding was commonly used in construction years ago, making older homes a danger zone for asbestos mesothelioma. Like flooring, siding material was covered by asbestos to make it more durable and fire retardant. When these materials are disturbed—ripped off or torn out for example, they release asbestos fibers into the air, which people in immediate proximity then breathe in.

Equally important, when considering renovations, is hiring a reputable contractor who has the appropriate qualifications and licensing to remove asbestos.

Asbestos Settlements

Erie, PA: The family of a former employee at the GM Powertrain facility in the town of Tonawanda, who subsequently died of asbestos disease, has been awarded $3 million by the jury hearing the case.

Gerald Suttner, formerly of Tonawanda, worked at the GM facility repairing vales manufactured by Crane Co. The job involved removing asbestos gaskets, which created asbestos dust Suttner would have inhaled. He did this for 36 years, from 1964 to 1979, when he retired.

Diagnosed in October 2010, Mr. Suttner died just one year later, from pleural mesothelioma, a form of cancer that is caused by asbestos. He was 77.

During the trial, lawyers for the Suttner family called expert witnesses who testified that there is no such thing as safe asbestos exposure and assured the jury that Suttner’s exposure is what led to his diagnosis. The dangers of asbestos have been known since the early 1900s, and they lawyers made the case that Crane was aware of these dangers since the 1930s. “But the company continued to use asbestos well into the late 1980s without placing warnings on its products,” the law firm’s statement reads.

During his retirement, Suttner helped his wife, Joann, care for their disabled daughter, and served as a volunteer for the Shriners Hospital in Erie, PA, driving children to and from the hospital. (tonawandanews.com)

New York, NY: A $4,401,000 verdict has been rendered in an asbestos lawsuit against Ford and Sud Chemie (Southern Talc) in favor of a deceased asbestos mesothelioma victim.

According to media reports, Southern Talc sold talc to Johns Manville for use in Mansville’s asphalt roofing plant. In his lawsuit, the plaintiff alleged that the talc contained asbestos, and it was his exposure to this product that caused him to develop asbestos mesothelioma.(mesotheliomalegalblog.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Settlement | No Comments »

Anheuser-Busch Scion Settles Wrongful Death Lawsuit

October 31st, 2012. By AbiK

Remember Ted Kennedy and the Chappaquiddick mess? And the more recent one about polo club founder John Goodman—who after being charged with DUI was trying to adopt his girlfriend? The rich and famous just seem to have a way of getting into trouble with the law—and not just in a misdemeanor kind of way. This time, it was August Busch IV—Busch as in Anheuser-Busch, as in Budweiser, as in St. Louis, as in Clydesdales. That Busch.

August Busch IV, great-great-grandson of Adolphus Busch, founder of A-B, has settled a wrongful death lawsuit over the accidental death of his former girlfriend, Adrienne Martin. Martin died at Busch’s mansion in 2010 after an accidental drug overdose involving both cocaine and the the prescription painkiller oxycodone.

The wrongful death lawsuit had been filed by Martin’s ex-husband, Dr. Kevin Martin, on behalf of their son Blake, who is a minor. Later, Adrienne Martin’s parents, Larry Eby and Christine Trampler, were able to join the lawsuit after an appeal.

According to the St. Louis Post-Dispatch, the settlement, which was signed on Tuesday by Circuit Judge William Syler, calls for Blake Martin to receive $1.35 million. Adrienne Martin’s mother, Christine Trampler agreed to accept $200,000; her father, Larry Eby agreed to a $200,000 out-of-court settlement to be put into an annuity for his grandson.

After Martin died, an autopsy revealed cocaine use and evidence of an overdose of the prescription painkiller oxycodone. Police investigated the incident, and prosecutors said there was no evidence to indicate Martin’s death was anything other than accidental.

August Busch IV was CEO of Anheuser-Busch up until the sale of the company to Belgian company InBev in 2008. Since that time, the Post-Dispatch reports, Busch has continued as a paid consultant at Anheuser-Busch InBev, receiving $120,000 a month.

Tags: Adrienne Martin, Anheuser Busch, August Busch IV, Budweiser, Oxycodone, Settlement, Wrongful Death Lawsuit
Posted in Emerging Issues, lawsuits, Settlement | No Comments »

After Alcohol Wipe Screw-Ups, Triad Decides to Play with Makeup

October 18th, 2012. By AbiK

Ok, could be makeup. Could be some anti-aging wonder. Could be your run-of-the-mill hand soap. Who knows? The initial reports regarding Triad Group’s foray into cosmetics have been a bit lacking in detail as to what exactly will be coming of the manufacturing lines at Triad’s Hartland, WI production plant.

Triad, if you recall, was at the heart of the alcohol prep pad, alcohol swab and alcohol swabstick, aka alcohol wipe recall of last year—the one connected to the death of 2-year old Harrison Kothari in Texas who contracted acute bacterial meningitis caused by Bacillus cereus bacteria. The Kotharis have settled with Triad—as have a dozen others who filed contamination lawsuits (details of the settlements have not been disclosed).

Fast-forward a year. The Milwaukee Journal Sentinel reported that Triad, which filed for bankruptcy protection on the heels of its $5 million insurance policy being drained on the lawsuits just mentioned, has indicated it would like to re-establish itself as a cosmetics company.

Every cat has nine lives, right?

The Journal Sentinel quoted Triad’s COO, Eric Haertle, as saying at the company’s first meeting with creditors in bankruptcy court, “We are in the infancy stage of these opportunities. We have talked to industry vendors. I am encouraged and optimistic about the support we are receiving if we can put a plan together and resume operations.”

What’s interesting here is not so much that Triad even wants to emerge like a phoenix from the ashes—hey, it’s a business wanting to cut its losses and get on with things—no, the interesting thing is their costume change; they’ll now wear the i.d. of “cosmetics company” rather than that of “medical device” company—and that has benefit for a company whose odds of reincarnation under their former classification are next to nothing.

See, in order for Triad to go back to being a medical device company and manufacturing as it had before, it faces some intense scrutiny by the FDA. According to the Journal Sentinel, both the FDA and Triad would need to agree to the FDA’s consent decree which would impose a $15,000 per day fine—per violation—should Triad fail to comply with FDA policies. Additionally, the decree would subject Triad to FDA inspections without prior notice–and those inspections could cover everything from equipment to raw materials to finished products to packaging. The decree also calls for the company to post a $4 million bond.

No small undertaking to set up shop again.

But, there’s an escape hatch: re-establishing itself as a cosmetics company means less rigorous regulation and oversight by the FDA. And given that the consent decree to operate as a medical device company again could cost Triad millions—with no guarantee they’ll even pass with flying colors—well, the land of lipstick bullets, lotions and potions suddenly has tremendous appeal.

On second thought, maybe there is a clue as to what cosmetics will be coming off Triad’s production line—those Triad alcohol swabsticks look a lot like those cotton swabs used to smudge eyeliner (for that smoky eye look) or to clean up little makeup mistakes…hmm…just wondering…

Tags: Alcohol Prep Pad, Alcohol Swab, bankruptcy, Cosmetics, FDA, Lawsuit, Recall, Settlement, Triad
Posted in Defective Products, Drugs/Medical, lawsuits, Settlement | No Comments »