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.
Many of the materials used in the construction industry contained, or in some cases still contain asbestos. In fact, 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.
In the 1960-70s the general public was not aware of the dangers of asbestos, and so millions of men and women likely worked on or around construction asbestos without any protection.
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. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos construction lawsuits we are seeing now.
Jefferson County, TX: On July 17, Julie Verret, daughter of the late John Verret, who died of lung cancer on July 27, 2011, filed an asbestos lawsuit against her father’s long-time employer, Texaco. The lawsuit claims the oil company negligently exposed Verret to asbestos which led to his cancer diagnosis.
Verret worked at a Texaco facility in Port Arthur as bricklayer and operator from 1968 to 1992, the lawsuit claims. It was during his employment that was allegedly exposed to asbestos dust and fibers. The lawsuit claims Texaco negligently exposed Verret to asbestos and as a result, he contracted asbestos-related lung cancer. The lawsuit includes a medical report stating that Verret was a smoker. Julie Verret is seeking wrongful death damages. (setexasrecord.com)
New Orleans, LA: Donald Thomas has filed an asbestos lawsuit against American Standard and 40 other defendants alleging they are responsible for his exposure to large amounts of asbestos through manufacturing, selling, designing, supplying, distributing, mining, milling, re-labeling, reselling, processing, applying and installing asbestos and asbestos containing materials.
In his lawsuit, Thomas claims his occupational exposure has resulted in his lung cancer and asbestosis. He asserts he did not know of the dangers of asbestos until one year before his diagnosis. The defendants are accused of creating hazardous and deadly conditions in which the plaintiff was exposed to large amounts of asbestos fibers. (louisianarecord.com)
Sunriver, OR: A lawsuit filed by Sunriver Owners Association (SROA) against the United States has been settled with the government’s payment of almost $500,000 to cover the cost of investigation and remediation of asbestos-containing material discovered in the soil near the association’s former amphitheater and sledding hill.
The July 2010 lawsuit filed by SROA alleged that asbestos contamination existed on six acres of a 22-acre parcel that, in the 1940s, was part of Camp Abbot, a U.S. Army Corps of Engineers training camp. According to SROA, beginning in 1944, the United States demolished most of the Camp Abbot buildings; many had floor tiles, siding, insulation and other construction materials that contained asbestos. These materials were abandoned on site when the United States left the property. The community of Sunriver was developed on the former Camp Abbot grounds beginning in 1968.
SROA first discovered the asbestos debris in 2002 and worked with the Oregon Department of Environmental Quality (DEQ) to investigate the extent of contamination and develop a remedy to prevent any contact with the contaminated soil. In 2010, SROA’s members approved construction of the Sunriver Homeowners Aquatic & Recreation Center (SHARC) on the 22-acre site. The center functions as a cap over the contaminated soil. SHARC opened earlier this summer to great success. Had it not been constructed, SROA would have been required to spend an estimated $3.2 million to remove all of the asbestos-contaminated soil.
Attorneys David Blount and Jennifer Gates at Landye Bennett Blumstein LLP in Portland represented SROA in the lawsuit against the United States. According to Gates, “While it appeared from the beginning that the United States might be the source of the asbestos, with assistance from a military architectural historian, archaeologist and aerial photo expert, we were able to convince the United States that it bore most, if not all responsibility.”
SHARC received an Oregon Brownfields Award earlier this year. The awards recognize individuals and groups who worked together to transform contaminated sites into productive uses.
According to DEQ, a brownfield is “a real property where expansion or redevelopment is complicated by actual or perceived environmental contamination.” Hugh Palcic, SROA’s assistant general manager also won the 2012 Oregon Brownfields Unsung Hero Award for his work guiding the project from investigation to completion.
“We are pleased this dispute has been resolved fairly and that the United States accepted responsibility,” said SROA General Manager Bill Peck. “Our homeowners were able to recoup almost all of the costs of dealing with the asbestos contamination. Sunriver developed a beautiful new recreation facility, the environmental hazards of the site were remediated, and the cleanup cost was reduced by more than $2.5 million.” (businesswire.com)
Washington, DC: Hubert J. Bell, a project manager who was overseeing removal of asbestos from a former Chrysler factory in Detroit, has been charged by The U.S. attorney’s office with a felony for failing to remove the material safely.
Bell, worked at One Accord Environmental Services Inc. in Detroit, was charged in a criminal complaint with failing to properly remove asbestos, a hazardous material, from a shuttered plant in late 2010 that was part of the Chrysler’s American Motors Corp. subsidiary at 14250 Plymouth Road.
According to an affidavit filed by Environmental Protection Agency Special Agent Michael Pemberton, Bell directed employees to push potentially contaminated water down drains and didn’t use proper procedures to remove asbestos. A cooperating witness told the EPA that asbestos wasn’t being removed properly.
In early 2010, the property and three other properties in Michigan and New York were sold for $2.3 million. The price was a fraction of what Chrysler once sought for the Detroit property that produced helicopters in World War II and turned out millions of appliances. The properties were sold to Mount Clemens-based Manchester Plymouth LLC. (detnews.com)
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.
Many retired railway men are finding that the years they spent working in railway yards and on trains has caused them to become ill with asbestos-related illnesses. And their illnesses could have been prevented if they had been made aware of the dangers and provided with proper protective gear.
Asbestos was used to insulate steam and diesel locomotives, boxcars, cabooses and pipes. It was also used in brakes and floor tiles of passenger cars. When workers were tasked with removing the asbestos, and were not wearing protective clothing, the airborne asbestos fibers became lodged in their clothes and worse, in their lungs. As this practice went on over time—years in many cases—the accumulation of the asbestos fibers in their lungs led to fatal asbestos mesothelioma. Such is the case of the four former BNSF railway workers who are now suing the company.
Lincoln, NE: BNSF Railway is being sued by four former employees and their relatives over allegations of potentially fatal asbestos exposure. The men, who all worked as carmen for BNSF, allege they developed asbestos-related lung disease as a result of exposure through their work.
One of the carmen, Bernard Richter of Lincoln, died in November 2010 of colon cancer caused by exposure to asbestos on the job, according to the lawsuit, which was filed on behalf of his widow, Virginia Richter.
The three other former BNSF carmen are represented in a separate lawsuit. They are Philip Custard of Omaha, who began working for BNSF in 1950; Donal Hansen of Lincoln, who started with the railway 1952, and Steve Hegener, also of Lincoln, who worked for BNSF from 1969.
Their suit alleges the plaintiffs suffered from lung disease caused by exposure to asbestos, “which cannot be effectively cured by conservative medical procedures or medications.”
All of the retirees on passenger and freight cars in the Lincoln shops and in Omaha, their lawyer said. (journalstar.com)
Charleston, WV: On July 7, 2010, Franklin Delno Hensley was diagnosed with asbestos-related lung cancer and subsequently died on May 13, 2011. Tammy Horn, a family member, is suing 64 companies she claims are responsible for her Mr. Hensley’s lung cancer and death.
Ms. Horn claims that while Mr.Hensley was employed as a plumber, carpenter and laborer, from 1956 to 2002, he was exposed to asbestos.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.
Horn is seeking a jury trial to resolve all issues involved. The companies named as defendants are 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Armstrong International, Inc.; Aurora Pump Company; Borg-Warner Corporation; CBS Corporation; Certainteed Corporation; Chromium Corporation; Cleaver Brooks, Inc.; Crane Co.; Dravo Corporation; Eaton Corporation; Flowserve Corporation; Flowserve f/k/a The Duriron Company Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Georgia Pacific Corporation; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Metropolitan Life Insurance Company; Mobil Corporation; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Robin Industries, Inc.; Rockwell Automation, Inc.; Schneider Electric; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Superior Container, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; Trane U.S. Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; Weil-McLain Company; Yarway Corporation; YRC, Inc.; and Zurn Industries, Inc. (wvrecord.com)
Charleston, WV: Lawrence Edward Miller, who was diagnosed with lung cancer on July 20, 2011, has filed an asbestos lawsuit with his wife, naming 42 companies they claim are responsible for his lung cancer diagnosis.
Miller and his wife, Clara Faye Miller, allege the defendants exposed him to asbestos during his employment as a laborer and shipper from 1947 until 1993.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warrant, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.
The companies named as defendants in the suit are A.K. Steel Corporation; A.W. Chesterton Company; CBS Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Corporation; Elliott Company; Flowserve Corporation; Flowserve f/k/a The Duriron Company, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; McJunkin Red Man Corporation; Morgan Engineering, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Premier Refractories, Inc.; Riley Power, Inc.; Rockwell Automations, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; and West Virginia Electric Supply A Houston attorney is representing three more former employees of BNSF Railway and the widow of a fourth in lawsuits alleging they suffered damages — and in one case, death — from exposure to asbestos because of the railroad’s negligence in and around its Lincoln operations. (wvrecord)
New Orleans, LA: A former shipbuilder who had brought a mesothelioma lawsuit against Westinghouse Electric Corp. and Mundet Cork Co. has been awarded $12 million for his illness.
According to Law360, Frederick Schulte worked as a ship-fitter and iron-fitter for McDermott In. Shipyard where he regularly dealt with old piping, valves, and gaskets on quarter boats used in World War II. Court documents would later confirm that the piping he handled contained asbestos and was manufactured by Mundet Cork.
Schulte went on to also work at Avondale Shipyards where he was exposed to partitions, furniture, walls, and bulkheads on Coast Guard cutters as radar technician.
In October, 2011 Schulte was diagnosed with mesothelioma. His mesothelioma lawsuit that followed he claimed that the airborne asbestos he inhaled while regularly handling asbestos at his former jobs was the reason for his mesothelioma diagnosis.
In addition to Crown Cork & Seal and Westinghouse, Crane Co., Reilly Benton, International Paper Co., and Crosby Valve, McDermott, and Avondale were also named in the mesothelioma lawsuit for withholding information about the dangers of asbestos.
It only took 10 months following Schulte’s mesothelioma diagnosis for him to receive his lawsuit ruling and $12 million award. (cisionwire.com)
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.
Drilling mud is widely used in the oil industry, both onshore and offshore, to help cool the drill bit and flush debris from the well hole during drilling. Many oilfield workers may have been exposed to toxic asbestos products without knowing its harmful, and often lethal, effects.
Drilling mud composition contained asbestos, which led to mud engineers being
exposed to asbestos drilling mud, and the potential to develop asbestos-related disease such as asbestos mesothelioma.
The two drilling mud brands that were mainly used were Flosal and Visbestos: both products were packaged in 50 lb. bags and were used for sweeping the hole as a viscosifier.
Hyde, TX: Chevron USA is facing a wrongful death lawsuit brought by the widow of Louis Esbry, who recently died from asbestos-related disease.
Camelia Esbry and her children filed the suit June 29, blaming Chevron USA for her husband’s death, alleging the company exposed him to asbestos.
While employed with Chevron, Louis Esbry was exposed to asbestos dust and fibers, the lawsuit states, which resulted in his developing asbestosis. He died on December 18, 2011, the lawsuit states.
According to the lawsuit, Chevron knew for decades that asbestos could cause cancer, yet the company allowed employees and contractors to work around the mineral, exposing them to potentially lethal health effects, without warning them of the dangers.
The plaintiffs are suing to recover exemplary damages. (SETexasrecord.com)
Jefferson County, TX: A second-hand asbestos exposure lawsuit has been filed by Ginger Hall naming suit 11 companies as defendants. In her lawsuit, Mrs. Hall claims she was exposed to asbestos through her husband’s work clothes.
Chevron USA, Citgo, DuPont, ExxonMobil, Huntsman Petrochemical, Mobil Chemical, Mobil Oil, Oxy USA, Texaco, Union Oil and Unocal Corp, are the named defendants in the lawsuit.
Mrs. Hall alleges she was exposed to asbestos through her husband’s employment at several of the defendants’ refineries.
Specifically, the lawsuit alleges the asbestos dust on Mr. Hall’s work clothes has caused Mrs. Hall to suffer breathing difficulties and develop cancer. The defendants are accused of failing to protect workers and their family members from inhalation of asbestos fibers.
In addition to exemplary damages, Mrs. Hall is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and lost wages, plus all court costs. (SETexasrecord.com)
New Orleans, LA: Jacqueline Carron Lowe and the children of George Lowe have filed an asbestos lawsuit against Marathon Oil Co. and others, claiming the defendants exposed the late Mr. Hall to asbestos and are therefore responsible for his death. Mr. Lowe was diagnosed with mesothelioma in November 2011 and died in December 2011 from complications from the disease.
Mrs. Lowe claims her husband was exposed to dangerously high levels of asbestos during his employment for Marathon Oil from 1957 until 1995 in various positions and at various sites including Detroit, MI, Robinson, IL, and Garyville, LA.
The defendants are accused of exposing George Lowe to asbestos which caused him to develop asbestos mesothelioma.
Lowe’s family is seeking an unspecified amount in damages for physical pain and suffering, loss of income, mental anguish, fear of death, loss of enjoyment of life, medical expenses, loss of personal assistance, loss of support to wife and children, loss of consortium, loss of services and loss of companionship.(louisianarecord.com)
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.
Many people decide to renovate their homes, not knowing fully, the dangers that may lurk within the walls, ceilings or floors of their homes. Those dangers can include asbestos in older homes. 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.
An asbestos lawsuit brought by an 85-year old construction contractor who developed asbestos mesothelioma as a result of exposure to the carcinogen during his work and renovating his own investment properties, recently resulted in a $48 million settlement. His story is below.
New Orleans, LA: Jereiana H. Relf has filed an asbestos exposure suit naming multiple defendants for allegedly contributing to her secondhand exposure to asbestos.
The lawsuit was filed against Asbestos Corporation Limited et al in the New Orleans Civil District Court alleging at least 13 miners, manufacturers, sellers or handlers of asbestos products should be held responsible for Relf’s exposure to injurious levels of asbestos.
The lawsuit claims that asbestos fibers were introduced to Relf’s household from her uncles, father and husband who all worked with asbestos materials. In addition, Relf claims that her neighborhood as a whole was exposed to asbestos materials via asbestos-containing scrap material in close proximity.
The defendants are accused of knowingly exposing her to carcinogenic materials that resulted in her diagnosis of mesothelioma in March 2012.
An unspecified amount in damages is sought for medical costs, pain and suffering, mental anguish, loss of quality of life and disability.
Los Angeles, CA: Bobbie Izell, who worked in construction in the 1960s and 1970s, and his wife have been awarded $48 million by a California court in settlement of their asbestos lawsuit. The lawsuit named Union Carbide and a number of other defendants including Riverside Cement and California Portland Cement Company as defendants.
Izell developed mesothelioma during his 30 year career as a cement contractor in the construction industry. He built thousands of homes, commercial buildings, and churches, many of which contained asbestos. Izell also bought and renovated properties and many of the products he used for the renovation contained asbestos. Consequently, between 1947 and 1980, Izell suffered consistent exposure to the carcinogen.
The asbestos lawsuit was filed by Izell and his wife shortly after Izell was diagnosed with asbestos mesothelioma. According to media reports, during the trial Union Carbide argued that Calidria, which is the type of asbestos the manufacture, does or did not cause cancer. However, evidence was produced in the form of corporate memos which revealed that Union Carbide staff and physicians were aware the material was making works ill. However, this information was not made public. (Pol.com)
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.
Many retired railway men are finding that the years they spent working in railway yards and on trains has caused them to become ill with asbestos-related illnesses. And their illnesses could have been prevented if they had been made aware of the dangers and provided with proper protective gear.
Asbestos was used to insulate steam and diesel locomotives, boxcars, cabooses and pipes. It was also used in brakes and floor tiles of passenger cars. When workers were tasked with removing the asbestos, and were not wearing protective clothing, the airborne asbestos fibers became lodged in their clothes and worse, in their lungs. As this practice went on over time – years in many cases– the accumulation of the asbestos fibers in their lungs led to fatal asbestos mesothelioma. Such is the case of the five former BNSF railway workers who are now suing the company.
Fort Worth, TX: Five railway workers have filed an asbestos lawsuit against their former employer, BNSF Railway, alleging their diagnoses of lung diseases was caused by exposure to asbestos and other hazardous materials while working for the railway.
Donald Polson, Harvey Bass, Robert Brabbin, Joe Gilliam and William King, who live in Fort Worth, Arlington and Cleburne respectively, claim BNSF managers knew that prolonged exposure to asbestos could cause illness, but that they failed to warn the employees of those dangers.
According to the lawsuit, some of the plaintiffs worked for the railroad for more than 30 years; Polson worked there 44 years, until 2001.
According to the lawsuit, the plaintiffs worked in and around engines, boilers, railroad tracks and other areas where they were exposed to asbestos and other substances without protection. As a result of their exposure to dust, fumes and vapors, the men contracted lung diseases that diminished their quality of life and reduced their life expectancy – they have been diagnosed with asbestosis and silicosis, according to their lawyer.
“At all times relevant, the plaintiffs were unaware of the dangerous propensities of the harmful/hazardous materials with which they were required to work with and around,” the lawsuit states. They were not aware of the hazards associated with exposure to asbestos and other substances until less than three years before filing the suit, it states. The lawsuit also states that although the Occupational Safety and Health Administration banned asbestos in construction in the 1970s, railroads continued using it although the companies were aware of the health risks.
The lawsuit also accuses BNSF of violating the Federal Employment Liability Act and the Locomotive Boiler Inspection Act. (star-telegram.com)
Charleston, WV: James M. Lawrentz and his wife, Sandra Lawrentz claim have filed an asbesto lawsuit naming 54 companies they allege are responsible for Mr. Lawrentz’s lung cancer diagnosis.
On April 5 Mr. Lawrentz was diagnosed with lung cancer, which, the couple claims resulted from his exposure to asbestos during his career as a millwright and laborer.
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 lawsuit.
The 54 companies named as defendants in the suit are: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Buffalo Pumps, Inc.; Caterpillar, Inc.; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Duavo Corporation; Eaton Electrical, Inc.; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell Corporation; Hercules, Inc.; Honeywell International; Howden Buffalo, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; McJunkin Corporation; Morgan Engineering Systems; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Reading Crane and Engineering Company; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sunbeam Products, Inc.; Surface Combustion, Inc.; Swindell Dressler International Company; Tasco Insulations, Inc.; The Alliance Machine Company; The Gage Company; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply; and Yarway Corporation. (wvrecord.com)
Riverside, NJ: Frank J. Rizzo, 53; Michael Kouvaras, 59; and Deuteron Capital LLC, have been indicted by a state grand jury on a dozen charges related to the removal of asbestos from the former Zurbrugg Memorial Hospital.
Deuteron Capital LLC, which was doing business as South Street Fill-it Recycling of Riverside, removed asbestos from the site in an unlawful manner, without a license, and employed workers who were not trained or equipped to properly do the job, according to New Jersey Attorney General Jeffrey S. Chiesa.
Filed and announced Wednesday, the four-count indictment includes second-degree charges of conspiracy, unlawfully causing the release of a toxic pollutant, and abandonment of toxic pollutants, and a third-degree charge of violation of the Asbestos Control and Licensing Act, for all three defendants. The violation stems from the allegation that the men and their company knowingly had asbestos removal work performed without a license from the state.
The second-degree crimes carry sentences of five to 10 years in state prison and a fine of up to $150,000. The third-degree offense carries a sentence of three to five years in prison and a fine of up to $25,000. (phillyburbs.com)