Asbestos News Roundup: 2.11.11

February 11th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

St. Clair County, IL: Anita Palmieri of Ohio has filed an asbestos lawsuit alleging that her husband’s death from asbestos-related disease was due to exposure to asbestos-containing products throughout his career.

In her suit, Mrs. Palmieri names 32 defendant companies, and alleges that these companies caused Carmine Palmieri Sr., to develop lung cancer. According to the lawsuit, Mr. Palmieri worked as a tile setter and brick layer from 1952 until 1980. Mrs. Palmieri claims that those defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety.

As a result of his asbestos-related disease, Carmine Palmieri Sr. incurred medical costs and suffered great physical pain and mental anguish, the complaints says. 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, his wife claims.

Because of Carmine Palmieri Sr.’s death, Anita Palmieri has been deprived of his society and support and incurred substantial funeral and burial costs, according to the complaint.

Mrs. Palmieri is seeking a judgment economic damages of more than $50,000, punitive and exemplary damages of more than $50,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants, plus a judgment of more than $50,000 and other relief the court deems just. (Madison Record)

Charleston, WV:  Mary C. Ross has filed an asbestos lawsuit naming 11 companies as defendants, and alleging that those companies are responsible for her late husband’s mesothelioma and subsequent death.

On October 18, 2010, Fred Ross, who was employed at DuPont Washington Works during his working career, died as a result of mesothelioma, according to a complaint.

Mrs. Ross alleges that the defendants caused her late husband to be continuously exposed to Read the rest of this entry »

Perfect Valentine’s Day Gift? Go for Glee with Phthalate Free

February 11th, 2011. By Hunter West

Can we talk? 

Okay, Valentine’s Day is coming up on Monday and much as we like to think that the Big Red Day is all about flowers and chocolates, gushy Hallmark cards and little else, sex toy and adult novelty shops do a booming business leading up to Valentine’s Day. 

No, you don’t have to close your eyes. It’s not like we have samples. But face it, for some people nothing says ‘I love you’ like a big piece of rubber…even better if it glows in the dark. 

Which brings us to health issues. In January the National Post up in Canada carried a story about the Canadian sex toy retail industry crying foul over the fact that Health Canada does not regulate phthalates in adult sex toys in the same fashion as children’s toys. 

(We believe the same is true in this country, but of course Canadians are much more randy this time of year than we are—what else is there to do up there when the snow banks are higher than your Honda and it’s ten below zero outside? Ya know why they won all those medals in the Olympics last year, don’t you? All those indoor sports…). 

Health Canada, the Canadian health regulator akin to the US Food and Drug Administration (FDA) in this country, announced last month that it was putting new restrictions in place that would lower concentrations of six phthalates by June of this year. Lest you think ‘phthalate’ is a new position you haven’t tried yet, in reality it’s a chemical that is used to make rubber compounds soft and squishy—which is the last thing you want to have happen in the real experience but quite acceptable in sex toys. 

All kidding aside, the gurus at Health Canada have a point. Phthalates have been voluntarily removed from pacifiers and baby bottle nipples for some time due to personal injury concerns about the risks associated with phthalates and reproduction and development of children less than four years of age. 

To that end, it has been determined, according to the National Post, that objects do not release phthalates merely through touch. However, they can release the vilified chemical into saliva when a child sucks on a pacifier. 

Or, for that matter, anything the child is playing with. To that end, a rubber duckie is not designed to go into a child’s mouth. However, putting things in their mouths is what children do—including rubber duckies and anything made of soft rubber into which phthalates are injected to make then soft. (By the way, according to Big Teaze Toys (tagline, “Toys that Play with You”), I Rub My Duckie (shown) is not only phthalate free, but has appeared on The View. And no, this isn’t an endorsement).

Manufacturers thought they were doing the kids a favor by taking out the rigidity of rubber, so Read the rest of this entry »

Attorney Deborah LaBelle: “We Owe Juvenile Offenders a Second Chance”

February 9th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with attorney Deborah LaBelle…

Attorney Deborah LaBelle: “There is no discretion. You take a 14 year old and they are automatically treated as an adult.”

Clearly injustice moves attorney Deborah LaBelle somewhere down deep. Since she graduated from Wayne State law school in 1979, she has waded into some dark waters, investing hundreds of pro bono hours, simply because she believes she’s doing the right thing.  In 2008, after a 14 year battle, she and a group of other lawyers won a multi-million dollar verdict and landmark case on behalf of women who had been abused in Michigan prisons.

Labelle now has set her sites on getting a second chance for the thousands of juvenile offenders who languish in American prisons convicted of murder or felony murder committed prior to their 18^th birthday.  “It is just mandatory,” says LaBelle, whose gentle voice belies the tiger within. “There is no discretion. You take a 14 year old and they are automatically treated as an adult. It is pretty stunning.”

Stunning indeed it is. The United States is the only country in the world where juveniles charged and convicted of murder (even if they were not principally responsible for the murder) are automatically given life with no chance of parole. There are 307 ‘juvenile lifers’ now in Michigan prisons ranging in age from 14 to 65.

One man, now in sixties, who LaBelle knows well, went to prison when he was 15 for murdering his abusive stepfather.

“He is not the boy he was,” says LaBelle. “He told me once he sometimes sees that boy in his minds eye and he just wants to shake him and say ‘why don’t you just leave, just go’.”

But that’s not what happened and he now has spent more than 50 years languishing in prison. “He was just filled with rage and anger and everything seemed hopeless,” says LaBelle. “Kids just don’t have experience or the ability to chart things out very well.”

“The heart of this issue is sentencing people who commit their crimes when they are 14, 15 or 16 years old to the harshest sentence you can give to anyone, which is life without parole,” says LaBelle. “We believe this is cruel and unusual punishment.“

LaBelle has filed a complaint for declaratory and injunctive relief in the state of Michigan on behalf of 9 class representatives. All are juvenile lifers currently being held with no chance of parole for the rest of their lives in Michigan prisons.

This is the first civil rights suit of its kind in the United States and aimed at what she describes as a simple goal. “We are just asking that the parole board just take a look at them. Have they matured, was this a youthful impetuous crime, did it involve peer pressure, or was it one of those stupid horrible things that youths sometimes do in a moment. Have they matured and should they come home at some point?” asks LaBelle.

A recent report authored by LaBelle and others was funded by the American Civil Liberties Union (ACLU) and other donors. And also, when LaBelle has received attorney fees for cases she was involved in, much of it goes right back into funding other lawsuits aimed at righting systemic wrongs.

What kind of a lawyer does so much for so little?

“Well, I just like the work,” says LaBelle.

Deborah LaBelle is a graduate of Wayne State Law School. She mentors undergraduate and graduate students and has supervised at least six interns a year for the past ten years. Her practice, the Law Offices of Deborah LaBelle is located in Ann Arbor, Michigan.

From Medical Misdiagnosis to Sexual Assault of a Minor – the Story of Michelle Francoeur

February 8th, 2011. By LucyC

Have you heard of Michelle Francoeur? A teacher in small-town Canada recently found not criminally responsible for sexual assault of a minor due to mental illness—mental illness that was misdiagnosed and mistreated, as it turned out. Francoeur’s story may not have been front and center in main stream media—but it reads like a best-seller.

In 2008, the then 37-year old teacher of kindergarten through grade nine and mother of two young children began experiencing health problems. So she went to her doctor, and was subsequently diagnosed with depression. She was prescribed an antidepressant medication known as Effexor or venlafaxine. And this is when her problems began.

During the next few months Francoeur’s behaviour underwent a ‘radical change’. For example, she began drinking alcohol excessively, spent money carelessly, went days without sleeping, failed to eat regularly, and consequently suffered significant weight loss, and talked excessively. Worse, the jury that recently heard her case was told by Francoeur’s defense lawyer, she began taking shortcuts in caring for her two daughters aged five and seven.

And at some point over the next few months she began a series of sexual encounters with a 15-year old ex-student. This marked lack in judgement resulted in her being charged with sexual assault. And presumably, the loss of her job, and income.

As it turned out, the boy initiated the relationship with Francoeur—if you can call it that—by sending her a ‘flirtatious’ text message. That led to several ‘sexual encounters,’ between them before the boy’s parents cottoned on.

During this period, Francoeur’s family members had become very concerned about her behavior, and contacted Francoeur’s doctor, by letter. Somewhere, somehow, this must have led to a revisitation of the original diagnosis, because Michelle was re-assessed and subsequently diagnosed with bipolar disorder. And this is key, because the medication she was prescribed—Effexor—is known to escalate the “manic” phase experienced by people with bipolar disorder. The manic phase is characterized by extreme feelings of elation, euphoria, racing thoughts, inability to sleep and difficulty appreciating consequences.

Francoeur’s lawyer, Aaron Fox, summed up the situation pretty well, when he told the Canadian Broadcasting Corporation “It was a “very tragic circumstance…It was a lady who has an underlying condition which was misdiagnosed and received medication that really had a catastrophic effect on her.”

Problem is, even though Francoeur’s been acquitted, damage has been done, to her reputation, her self esteem, and very possibly her career as a teacher. Certainly, going back to teaching in the town of Shell Lake, Saskatchewan, with a reported population of less than 200, could pose some problems.

All this from a misdiagnosis which led to a disastrous choice of medication in her circumstance.

Needless to say, Francoeur’s story raises a number of concerns, such as how many others may have been misdiagnosed like Michelle, and suffering as a consequence? Was Francoeur warned of the possible adverse effects of the drug?

And what about the physician—does his misdiagnosis constitute medical malpractice? Just how much responsibility does he or she bear in all this? After all, this entire situation may have been avoided had she not been prescribed an incorrect medication.

Answers may be forthcoming—or not. It all depends on what, if anything, Francoeur decides to do. For now, she must be quite relieved to have her name cleared, to be out of the spotlight—and most importantly—know she has been correctly diagnosed and appropriately treated, so she can get on with her life and redefining ‘normal’.

911, Oh 911, How Should my Pot Garden Grow?

February 7th, 2011. By LucyC

Question: Who do you turn to for horticultural advice on marijuana? Answer: Not 911. But hey, you learn through your mistakes, right? Like 21-year old Robert Michelson, who, confused about the legal implications of growing his own happy grass, decided to go straight to the source—well—straight to the source via 911 (?). He asked the emergency services dispatcher how much trouble he could get into if he grew one marijuana plant. OMG did he ever get an answer.

Michelson was arrested shortly after making the phone call—not the brightest move of his life admittedly. But the police response was so heavy—I’m left wondering why it didn’t include a SWAT team.

The police showed up at the boy’s house and seized a small amount of pot and some drug paraphernalia. For his part, Michelson admitted that he’d bought seeds and equipment for growing marijuana. This cost him—or more likely his parents—$5,000—in bail. He was released but not before he was charged with marijuana possession and other crimes. Other crimes? Must have been a slow day at the station.

First thing to do when getting out of jail? Go to Disney World? Uh, no. Maybe this guy was trying to add to his resume—sorry—rap sheet. He was not a day out of jail—where he was awaiting trial on charges of assaulting his girlfriend—when he decided to steal a car and rob a bank.

Upper Yoder police say 29-year-old Richard Brandon Johnson robbed the First Commonwealth Bank in Bens Creek, Western Pennsylvania, on Wednesday February 2. But his Jessie James moment was short lived, as he was arrested a couple of hours later. And, as he left the clothes he wore during the robbery in the stolen Jeep—the police had no problem charging him with the robbery, as well as theft.

Apparently, he was unable to post the $500,000 bond, which one can safely assume was a good thing.

Would this make a good Polident commercial? The scene opens with a speeding car crashing into two other vehicles, then going through a fence and ending up in some landscaping where it finally comes to a stop. Boom! The airbags go off, dislodging the driver’s teeth, which fall the floorboard of the vehicle—clearly he wasn’t using Polident. But he doesn’t have time to stop—and heads out on foot—dentureless—in an effort to escape capture. Fleeing the scene of the accident. And the caption reads…well—I’ll leave that up to you.

In fact, it was the false teeth that enabled California police to identify 53-year old James Brown and arrest him for fleeing the scene of an accident and possession of a stolen car. Oh yes—did I mention the car he was driving was stolen? Might want to leave that out of the commercial—not good branding. One other minor detail—Brown, who also identified himself as James Hackett, had an outstanding escape warrant in Washington, D.C. 

Where did I leave that damn cell phone? Police in Maryland arrested 25-year-old Cody Wilkins after finding his cell phone charging at the scene of a burglary. Yes—true.

The story goes that Wilkins was in the process of robbing a house when the homeowner’s son came home. Needless to say this surprised Wilkins and he jumped out a window and took off. But without his cell phone.

The homeowner’s son called the police, as one does in this type of situation, and when they searched the house they found Wilkins’ phone plugged in and charging. It doesn’t take a MENSA member to figure the rest out.

Apparently, the Montgomery County police say Wilkins’ home was among those that lost power last week as a result of a snow storm. And, it turns out, Wilkins has a track record—arrest records show he’s been linked to other break-ins, so his bail was set at $1 million. That’s one expensive cell phone.