Asbestos News Roundup: 7.16.14 – Occupations with High Asbestos Risk

July 16th, 2014. 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.

High Risk Asbestos Disease Occupations

Many workplaces in the US are now considered to have put workers at high-risk for asbestos exposure—decades ago. These include: US Navy, oil refineries, shipyards, chemical manufacturing facilities, aerospace manufacturing facilities, mines, smelters, coal fired power plants, construction work sites, auto repair shops, plumbers, welders, electricians, and most manufacturing, or industrial plants that were operating in the 1950s, 1960s, 1970s, or 1980s.

Sadly, many individuals who served in the US Navy, worked at a power plant, an oil refinery, or a shipyard decades ago are now being diagnosed with asbestos disease—the average age of diagnosis of asbestos mesothelioma is 72 years, according to the Centers for Disease Control, (CDC).

Although strict regulations about the use of asbestos have been put in place, the potential for asbestos exposure remains. In 2009, the CDC reported:

“Although asbestos has been eliminated in the manufacture of many products, it is still being imported (approximately 1,730 metric tons in 2007) and used in the United States in various construction and transportation products. Ensuring a future decrease in mesothelioma mortality requires meticulous control of exposures to asbestos and other materials that might cause mesothelioma. Recent studies suggest that carbon nanotubes (fiber-shaped nanoparticles), which are increasingly being used in manufacturing, might share the carcinogenic mechanism postulated for asbestos and induce mesothelioma, underscoring the need for documentation of occupational history in future cases.” The full report can be accessed at the CDC’s webpage:  http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm

Asbestos Lawsuits

St. Clair County, IL: A former railroad engineer has filed an asbestos lawsuit alleging he developed lung cancer as a result of career-related asbestos exposure.

Gary W. Davis filed the lawsuit against Union Pacific Railroad Company stating that during his 38-year career as a hostler, fireman and engineer for Union Pacific he was exposed to various toxic substances, including asbestos, diesel exhaust, environmental tobacco smoke, silica and creosote, which led to his diagnosis of lung cancer.

As a result of his cancer, Davis suffered great pain and disability, lost his enjoyment of life and suffered mental anguish, the lawsuit states. Further, Davis claims he has suffered extreme nervousness, incurred great costs and lost income as a result of the illness.

He claims the defendant is responsible for causing his injuries, saying it failed to monitor the system to determine whether employees’ exposure to asbestos was below prescribed limits, failed to provide special clothing, failed to collect work environment samples and failed to implement proper engineering controls, among other negligent actions.

Davis is seeking a judgment of more than $100,000, plus costs. (madisonrecord.com)

Boston, MA: An Oxford environmental company has been sued for allegedly failing to follow proper procedures and safety precautions while removing asbestos-containing materials from a home in Sturbridge, Attorney General Martha Coakley announced today.

The lawsuit against Patriots Environmental Corporation, filed Monday in Suffolk Superior Court, also alleges that the company failed to pay permit fees to the Commonwealth for at least 24 separate projects, as well as a $50,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for asbestos and hazardous waste violations at other sites.

According to the complaint, in July 2013, Patriots was hired to remove asbestos shingles from the exterior walls of a single-family home in Sturbridge. During the renovation, Patriots allegedly caused the asbestos shingles to break apart, dropping debris onto on the ground and into unsealed plastic bags exposed to the air. Patriots also allegedly failed to wet, cover, or keep in sealed containers the transite asbestos shingles that it removed during the renovation.

Further, the complaint also alleges that Patriots, for at least 25 asbestos removal or construction and demolition projects between November 2012 and December 2013, failed to pay required permit application fees when notifying the Commonwealth of the intended operations. Additionally, Patriots failed to pay a civil administrative penalty of approximately $50,000 assessed by MassDEP against Patriots for its illegal handling of asbestos and hazardous waste at various sites in the Commonwealth in 2008.

The lawsuit seeks civil penalties for Massachusetts Clean Air Act violations, as well as payment of the outstanding fees and penalties.(mass.gov)

Asbestos Settlements

Boston, MA: A $9.3 million settlement has been awarded by a Massachusetts jury hearing an asbestos trial in which the plaintiffs alleged a former pipefitter union business manager was exposed to Limpet spray insulation made by Turner & Newall Ltd.

The U.S. District Court for the District of Massachusetts jury reached the verdict on June 20 after a two-week trial. T&N Ltd, was the lone remaining defendant at the time of the verdict. The plaintiff was exposed to the product in the 1960s. (harrismartin.com)

Boise, ID: The Idaho Transportation Department (ITD) has agreed to settle with the U.S. Environmental Protection Agency for alleged violations of asbestos regulations.

In April 2013, ITD hired inmates at the St. Anthony Idaho Work Camp, a division of the Idaho Department of Correction, to remove approximately 460 feet of flooring tiles at an ITD maintenance station in Rigby using mechanical chippers and buffers. Waste from this project had been contaminated with asbestos, which was placed in a trash dumpster—a violation of asbestos disposal protocols. The material was then removed from the site to a landfill unapproved to handle asbestos waste. The EPA was notified of the incident by a worker and supervisor on the job site.

The workers had not been trained in asbestos handling or disposal, and accepted methods of waste disposal were not used.

The last asbestos test performed on the site took place in July 1989, and a single sample taken during that examination tested negative for the noxious material. However, industry standards indicate that such exams include multiple tests. After learning of the EPA’s allegations seven months after the alleged incident, the ITD hired a consultant to perform an independent test, during which two-thirds of samples taken by the consultant tested positive for asbestos.

In the settlement, released July 9, ITD has agreed to pay a $55,800 penalty. As part of that settlement, ITD neither admits nor denies allegations made by the EPA. (boiseweekly.com)

Asbestos Law

Denver, CO: Colorado Attorney General John Suthers announced that Tri State Environmental Group and Aftermath Cleanup & Remediation Services, LLC, will pay fines totaling $1 million for failing to properly dispose of asbestos containing waste material (ACWM). The fine will be split evenly between the two asbestos abatement disposal companies. The owner of the companies, James Joseph Duran (D.O.B. 04/01/66), and the companies themselves were sentenced after all three plead guilty to the crime of Causing and Contributing to a Hazardous Substance Incident which is a felony under Colorado law.

An Arapahoe District Court judge sentenced Duran and his companies for criminal behavior that also violated Colorado Department of Public Health and Environment’s regulations regarding illegal storage of ACWM. The Environmental Crimes Unit of the Attorney General’s Office partnered with the Environmental Protection Agency, Criminal Investigation Division and the CDPHE to investigate and prosecute the case.

Beginning in 2009, Duran began abandoning ACWM without following the proper safety procedures which caused a series of hazardous substance incidents. Duran and his companies also knowingly violated emissions regulations of the Colorado Air Quality Control Commission. Finally, Duran, Aftermath and Tri State knowingly concealed violations from law enforcement and CDPHE officials.

James Duran pleaded guilty and was sentenced to 500 hours of community service and six years of probation. He was also ordered to pay $2,538 in restitution. Both Aftermath Cleanup & Remediation Services and Tri State Environmental Group pleaded guilty and were each sentenced to a $500,000 fine.

The Environmental Crimes Unit of the Colorado Attorney General’s Office, EPA’s Criminal Investigation Division and the CDPHE, all members of the Colorado Environmental Task Force, investigated a series of crimes that brought Duran and his companies to justice. (coloradoattorneygeneral.gov/)

Asbestos News Roundup: 6.20.14 – School’s out but maybe not Asbestos…

June 20th, 2014. 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 Risk at School and at Home

This month, a school building in Tennessee was found to have asbestos. The finding came after several employees became ill. Several months ago a junior high school in Rhode Island was closed for several days so that workers could safely remove asbestos from the building. The asbestos was discovered when a ceiling that was being taken down revealed a second concealed ceiling. The hidden ceiling was found to contain asbestos.

Because of its strength and heat resistance, asbestos was used in a wide variety of building construction materials. As the Rhode Island case demonstrates, many times asbestos containing materials may be out of sight.

According to the Environmental Protection Agency (EPA), asbestos can be found in many products and materials. Some of the many suspect materials include:

• Attic and wall insulation produced containing vermiculite

• Vinyl floor tiles and the backing on vinyl sheet flooring and adhesives

• Roofing and siding shingles

• Textured paint and patching compounds used on wall and ceilings

• Walls and floors around wood-burning stoves protected with asbestos paper, millboard, or cement sheets

• Hot water and steam pipes coated with asbestos material or covered with an asbestos blanket or tape

• Oil and coal furnaces and door gaskets with asbestos insulation

• Heat-resistant fabrics

• Automobile clutches and brakes

You can find out more about asbestos dangers in the home by watching this video: 

Asbestos Hot Spots

Springfield, TN: Engineers have found asbestos in the Robertson County School central office, after several school employees have come down with respiratory illness.

The finding is a surprise, as the school was built about 90 years ago. “This came as somewhat of a surprise because a building of that age doesn’t usually have asbestos,” Robertson County Mayor Howard Bradley told WSMV Nashville. The building reportedly failed an air quality test in March.

The director of schools has informed county officials that  five of his employees are ill, all of whom work in the central office. They have been diagnosed with environmentally-caused illnesses.

“I think there are five people who have been treated for respiratory issues over the past few months, not to say they are directly connected to the environment of that building,” said Bradley. “I’m not privy to say that. Hopefully we’ll find that out in time, but we need to take care of our people and put them in a safe environment.”  (WSMV, Nashville) 

Asbestos Lawsuits

Charleston WV: 74 companies have been named as defendants in an asbestos lawsuit alleging they are responsible for William A. Williams diagnosis of lung cancer.

Williams was diagnosed with lung cancer on December 4, 2012, according to the complaint. He alleges that he was exposed to asbestos dust at various work sites during the course of his lifetime. Specifically, he claims the defendants knew or should have known that exposure to the asbestos-containing products would cause disease and injury. However, the defendants failed to warm him of those dangers.

Williams claims the defendants’ actions were  malicious, willful and wanton misconduct and were done with a complete disregard for the safety and rights of others.

The 74 defendants named in the suit include Air & Liquid Systems Corporation, American Optical Corporation, Atlas Industries Inc., Aurora Pump Company, Bayer Cropscience Inc., Beazer East Inc., Brand Insulations Inc., CBS Corporation, Catalytic Construction Company, and Certainteed Corporation. (wvrecord.com)

Jefferson County, TX: Port Arthur residents are suing Texaco after their family member died from asbestos-related disease.

Wanda Wallace, surviving spouse of Herman Wallace, and Dana Bodden and Damon Wallace, surviving children of Herman Wallace, filed a lawsuit May 28 in the Jefferson County District Court against Texaco Inc. and Chevron USA Inc., citing asbestos exposure.

The plaintiffs claim Herman Wallace used and was exposed to asbestos while he worked for the defendants.

According to the suit, Herman was diagnosed as having asbestosis, an asbestos-related disease, which resulted in Herman dying a painful and terrible death Oct. 9, 2012.

The plaintiffs are seeking damages and court costs. (setexasrecord.com)

New Orleans, LA:  An asbestos lawsuit has been filed by the widow of a former shipyard employee who died of mesothelioma. Janet Wusthoff, who filed the complaint on behalf of Charles W. Wusthoff, naming Huntington Ingalls Inc., Northrop Grumman Ship Systems Inc., Avondale Industries Inc., Reilly Benton Co Inc., Taylor-Seidenbach Inc., Mccarty Corporation, Eagle Inc., Eagle Asbestos And Packing Co Inc., Onebeacon America Insurance Company, Onebeacon Insurance Company and Commercial Union Insurance Company as defendants.

According to the complaint, following the death of Charles Wusthoff on July 24, 2013, it was determined that his cause of death resulted from asbestos exposure. The plaintiff asserts that her husband was employed as a boiler-room painter by the shipyard at Avondale Industries Inc. located at 5100 River Road in Avondale in the early 1970s where he was allegedly exposed to asbestos and asbestos containing products in poorly ventilated quarters without being provided respiratory or other safety equipment.

Wusthoff further alleges that the asbestos exposure during her husband’s employment resulted in his contraction of lung cancer and subsequent death.

The defendants are accused of wrongful death, general negligence and strict liability.

An unspecified amount in damages is sought for physical pain and suffering, medical expenses, funeral and burial expenses, loss of quality of life, disfigurement, financial loss, mental anguish, emotional distress, loss of love, loss of affection and loss of society. (louisianrecord.com)

Crazy Sh*t Lawyers See: Model Mobster?

June 18th, 2014. By LucyC

You never know what you’ll hear in court when it comes to trying to finagle a defendant’s way out of jail…so here we go…

Defend This:  A reputed/alleged New York mobster, Thomas Gelardo, has filed a civil suit claiming that a Manhattan criminal judge is holding him in jail unfairly. Gelardo is awaiting trial on charges of assaulting his ex-girlfriend, porn star Trista Geyer.

According to attorney Bruno Gioffre Jr., Gelardo should not be in jail, telling Justice Charles H. Solomon that “despite having a prior criminal record” his client was basically a model citizen who has “lifelong ties to the community” and “always returned to court” for past offenses. (Huh?) Ties to the community—believable—always returned to court—believable—a model citizen—uhhh….

In addition to violating the restraining order brought by Geyer, whom Gelardo reportedly called 60 times in one day (jeez—that could get tiring), Gelardo’s list of offenses include an arrest for ”roughing up” (what does that mean?) Geyer in November 2013, and charges for burglary, assault, strangulation (is that “roughing up”?), aggravated criminal contempt and tampering with a witness. Model citizen indeed. Oh yeah baby—that’s the kind of neighbor I want.

So lawyer Gioffre, trying to put a warm and fuzzy lustre on his less than stellar client, asked Justice Solomon that Gelardo be released on $250,000 bail, supported by a piece of property co-owned by the 31-year old “model citizen” and his sister. No surprise, Justice Solomon wasn’t having any of it—ordering Gelardo to stay in jail because he repeatedly violated a restraining order by obsessively contacting his former girlfriend, as we’ve heard. (Thank you Justice Solomon—this is why we pay you the big bucks.)

Gelardo’s attorney filed the civil suit against the Department of Correction claiming Solomon’s decision to keep his client in jail instead of setting bail is “arbitrary and capricious.” Gioffre, in his client’s defense, gave the court a tape of the ex-girlfriend (whose resume includes photo-spreads in Hustler and Playboy) giving “conflicting statements as to how she was injured.”

He also told Justice Solomon that Geyer “was uncooperative, living in Florida” and “had sent a letter to the court indicating that she did not want to pursue this matter.” Living in Florida could be many things–but uncooperative? That’s a new one.

Hey—you have to give Gioffre his due—Gelardo is reportedly connected to the Luchese “crime family.”

So far, the Manhattan District Attorney’s Office is keeping quiet on this one.

Crazy Sh*t Lawyers See: Mr. Misunderstood’s a ‘Peacemaker’, not a Terrorist

May 16th, 2014. By LucyC

Ever wonder what a prosecuting attorney must be thinking when his opponent’s defense against alleged involvement in terrorist behavior boils down to…but I’m a ‘peacemaker’? Only thing that would’ve been better is if he said it Michael Jackson-style: ‘I’m a lover, not a fighter’. Can we get some eye-rolls please? #SRSLY

So, a jury in Manhattan currently hearing a case involving Abu Hamza al-Masri, a Muslim cleric on trial for inciting terrorist crimes in the US, has been warned by the prosecutor not to be “fooled” by the man (feel free to break out into “Won’t get Fooled Again!” at any time…)

If convicted, 56-year old Abu Hamza al-Masri is facing life imprisonment. But he claims he was just a “peacemaker” or “mouthpiece” for followers of his and that he was unaware of plans they had to commit terror crimes.

Not so, according to Assistant US Attorney Ian McGinley, who was not taking prisoners (pardon the pun) when he ripped into the imam for trying to distance himself from the charges. While McGinely had him on the witness stand, al-Masri claimed he did not conspire with top lieutenants whose crimes include traveling to Bly, Oregon to establish a terrorist training camp, undertaking a 1998 kidnapping of tourists in Yemen that left four people dead, and other terror crimes.

“Oregon, Afghanistan, Yemen—these were the defendant’s choices,” McGinley said. “Yet when he testified in this courtroom, he ran from all those choices and decisions that were at the core of his devotion to jihad. He ran, saying he was just misunderstood.”

“These people are his followers,” he added. “He’s the one common denominator in this criminal conduct spanning the globe.

Defense lawyer Jeremy Schneider, wasn’t having it, claiming that the prosecutors have, during the five-week trial, been taking al-Masri’s words of hate against the West out of context in an attempt to sway jurors. (Question—how do you take words of hate out of context? Do you need context?) During closing arguments Schneider told jurors  “A lot, if not the majority, of their evidence was his words, not his deeds.” Ah, so there is no power in the pulpit—so to speak—where do you start with that one?

Jurors began their deliberating Thursday.

Asbestos News Roundup: 5.15.14 – New Study Highlights Industrial Worker Asbestos Risk

May 15th, 2014. 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.

Industrial Worker Asbestos Disease—Even Low Asbestos Exposure is Dangerous

New research published recently in the Journal of Occupational and Environmental Medicine, suggests that industrial workers at the lowest levels of the asbestos exposure spectrum may still be at risk for deadly mesothelioma, lung cancer, and laryngeal cancer.

The study used data from the long-running Netherlands Cohort Study of 58,279 Norwegian men between 55 and 69 years old. To determine the association between asbestos risk and cancer, researchers compared each man’s job history to asbestos-exposure matrices of various occupations. They then compared likely levels of asbestos exposure to the incidence of mesothelioma and several other cancers.

After 17.3 years of follow-up, there were 132 cases of mesothelioma, 2,324 cases of lung cancer, and 166 cases of laryngeal cancer. Although very rare, mesothelioma is considered the most deadly of the asbestos-linked cancers because of its fast progression and resistance to standard treatments. Of the three types of cancer studied, only two subtypes—lung adenocarcinoma (a form of non-small cell lung cancer) and glottis cancer (a subtype of laryngeal cancer affecting the vocal chords)—were associated with higher levels of prolonged asbestos exposure.

For mesothelioma and all other categories of lung and laryngeal cancer, even lower levels of asbestos exposure were enough to trigger disease. “Asbestos levels encountered at the lower end of the exposure distribution may be associated with an increased risk of pleural mesothelioma, lung cancer, and laryngeal cancer,” the researchers conclude.

The U.S. EPA has stated that all levels of asbestos exposure are potentially risky. They have strict guidelines governing the handling and disposal of asbestos and recommend that do-it-yourself home renovators hire asbestos abatement professionals in order to minimize their mesothelioma risk.

The original study appears in the Journal of Occupational and Environmental Medicine, the journal of the American College of Occupational and Environmental Medicine. (Offermans, NS, et al, “Occupational Asbestos Exposure and Risk of Pleural Mesothelioma, Lung Cancer, and Laryngeal Cancer in the Prospective Netherlands Cohort Study”, December 17, 2013, Journal of Occupational and Environmental Medicine, Epub ahead of print. http://www.ncbi.nlm.nih.gov/pubmed/24351898). 

Asbestos Lawsuits

Charleston, WV:  The executor of the estate of the late Glen Campbell has filed an asbestos lawsuit alleging Campbell, of Hitchins, KY, died November 8, of asbestos mesothelioma. He was diagnosed July 3.

The named defendants are:  3M Company, 4520 Corp. Inc., A.W. Chesterton Company Inc., Air & Liquid Systems Corp., Ajax Magnethermic Corp., AK Steel Corp., formerly known as ARMCO Steel Corp., Allied Corp., Allied Glove Corp., Allied Mineral Products Inc., American Electric Power Service Corp., Appalachian Power Co., Armstrong International Inc., Ashland, Inc., Aristech Chemical Corp., now known as Sunoco Chemicals Inc., Aurora Pump Coompany, Beazer East Inc., formerly known as Koppers Co. Inc., Bechtel Corp., Borg-Warner Corp., Catalytie Construction Company, Cleaver Brooks Co. Inc., Columbus McKinnon Corp., Crane Co., Dravo Corp., Eaton Electrical Inc., as successor-in-interest to Cutler-Hammer Inc., F.B. Wright Company of Pittsburgh, Flowserve FSD Corp., individually and as successor-in-interest to Durametallic Corp., Flowserve US, Inc., formerly known as Durco International Inc., FMC Corp., Ford Motor Co., Foster Wheeler Energy Corp., Gardner Denver Inc., Genuine Parts Co., Geo. V. Hamilton, Inc., Goulds Pumps Inc., Grinnell L.L.C., Hercules Inc., Honeywell International, formerly known as Allied Signal Inc., formerly known as Allied Corp. as successor-m-interest to Bendix Corp., Honeywell Inc., Howden North America Inc., formerly known as Howden Buffalo Inc., I.U. North America Inc., as successor by merger to the Garp Co., formerly known as the Gage Co., formerly known as Pittsburg Gage and Supply Company, IMO Industries Inc., formerly known as IMO Delaval Inc., formerly known as DeLave, Turbine Inc., DeValco Corp., Inductotherm Industries Inc., Industrial Holdings Corp., formerly known as Carborundum Co., Ingersoll-Rand Co., Insul Co. Inc., ITT Corp, doing business as Bell & Gossett Pumps and doing business as Kennedy Valves, J.H. France Refractories, Kentucky Power Co., Lockheed Martin Corp., McJunkin Corp, also known as McJunkin Redman Corp., Morgan Engineering Systems Inc., Nagle Pumps Inc., Nitro Industrial Coverings Inc., Oglebay Norton Company and its division Ferro Engineering, Ohio Power Co., Ohio Valley Insulating Co. Inc., Owens-Illinois Inc., P&H Mining Equipment Inc., Premier Refractories Inc., formerly known as Adience Inc., successor-in-interest to Adience Co. L.P., as successor to BMI Inc., Reading Crane, Riley Power Inc., formerly known as Rileystoker Corp., Rockwell Automation Inc., Rust Constructors Inc., formerly known as The Rust Engineering Co., Rust Engineering & Construction Inc., Schneider Electric U.S.A. Inc., formerly known as Square D Co., State Electric Supply Co., Sterling Fluid Systems L.L.C., Sunbeam Corp., SVI Corp., formerly known as Stockham Valves & Fittings, formerly known as Marlin Valve, Swindell Dressler International Corp., Tasco Insulations Inc., the Alliance Machine Co., the Rust Engineering Co., Thiem Corp., and its division, Universal Refractories, U.B. West Virginia Inc., formerly known as Union Boiler Co., Uniroyal Inc., United Engineers & Constructors and Washington Group International, formerly known as Raytheon Engineers & Constructors Inc. and all its domestic subsidiaries, including the Badger Co., Inc., now known as URS Energy & Construction Inc., United States Steel L.L.C., Viking Pump Inc., Vimasco Corp., Warren Pumps Inc., West Virginia Electric Supply Co. and Zurn Industries L.L.C., citing negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations, post sale duty to warn and deliberate intent/intentional tort. (wvrecord.com)

Asbestos Law

Worcester, MA: A $16,137.50 penalty has been levied against a Worcester company by the Massachusetts Department of Environmental Protection for violations of asbestos removal regulations during the replacement of windows at a Southbridge Street condominium tower.

“Companies conducting renovation projects must first determine if any asbestos-containing materials will be involved,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester, in a press release.

The asbestos removal violations were discovered during a 2013 inspection, when MassDEP employees found that window caulking and glazing containing asbestos was being improperly removed at the residential building, according to MassDEP. While the company was replacing windows at the site, it had not notified MassDEP and was not properly handling and storing the asbestos-containing material.

“Asbestos is a known carcinogen, and following prescribed regulatory work practices is imperative to protect workers as well as the general public. Failure to do so will result in penalties, as well as escalated cleanup, decontamination and monitoring costs,” said Adams.

The company will pay $10,000 of the penalty and have the remaining $6,137.50 be suspended as long as the company does not have another violation within one year, according to the terms of the settlement. (masslive.com)