Asbestos News Roundup: 3.6.14 – Asbestos Risk in Remodeling

March 6th, 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 in Remodeling

Recently, Bayshore Broadcasting published a report about new developments with the demolition of the former Hillcrest Public School in Orillia, Canada. According to the article, asbestos has been discovered and additional funds have been approved to have it safely removed. The structure is being demolished to make way for the construction of a new playground and park.

For many years, asbestos was added to a number of common building materials to increase their strength and durability, and to provide insulating and fireproofing properties. Many older buildings across Canada still have materials that contain asbestos in them. Some of the many materials that may contain asbestos in older structures include:

• Attic and wall insulation containing vermiculite

• Vinyl floor tiles and the backing on vinyl sheet flooring

• Adhesives

• Roofing and siding shingles

• Textured paint and patching compounds used on walls 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 furnace insulation and door gaskets

• Heat-resistant fabrics

When asbestos-containing materials age or are disturbed, they can become friable and asbestos fibers can become airborne. During remodeling and demolition activities, such as at the former Hillcrest Public School, these materials can be easily disturbed and become airborne. If not properly handled, these fibers can pose a threat to workers and other building occupants and in this situation could have created a hazard in the soil of the new playground and park if the asbestos had not been identified and properly managed.

Asbestos Lawsuits

New York, NY: Larry H. Speer has named CBS Corp., Ford Motor Co., General Electric Co., Union Carbide Corp., Ingersoll-Rand Co., and Honeywell International Inc., among several others, in his recently filed asbestos lawsuit. Spear alleges his developing asbestos mesothelioma is directly linked to his asbestos exposure in a variety of products from packing materials to automotive parts to turbines. Spear was diagnosed with terminal, malignant asbestos mesothelioma in December 2013.

In his lawsuit, Speer alleges he was exposed to asbestos in products including but not limited to boilers, compressors, cement pipes, brakes and gaskets, and that he was unaware of the serious health hazards associated with asbestos at that time. Further, he claims the defendants failed to warn him of those hazards.

“In their release of respirable asbestos fibers into the air during foreseeable use or manipulation of these products, the products failed to perform as safely as an ordinary consumer would have expected them to perform,” the lawsuit states.

Mr. Speer is claiming strict liability over the allegedly defective products, as well as general negligence. His wife, Donna Speer, has made claims for loss of consortium.

New Orleans, LA: Frank G. DeSalvo has filed an asbestos lawsuit naming dozens of defendants that he alleges, caused him to develop asbestos-related lung cancer. DeSalvo claims the companies named failed to protect him from exposure to the lethal carcinogen, during the course of his work-related duties. DeSalvo states he was diagnosed with asbestos-related lung cancer in December 2012.

The defendants are: Huntington Ingalls Inc. also known as Avondale Industries, Inc. (f/k/a Avondale Shipyards, inc), Avondale executive officers Albert Bossier, Jr., J. Melton Garrett, Onebeacon America Insurance Company (as successor to Commercial Union Insurance Company), American Employers Insurance Company, American Motorists Insurance Company, Bayer Cropscience, inc. (As successor of liability to Rhone Poulenc AG company), Amchem Products Inc., Benjamin Foster Company, Eagle Inc. (formerly Eagle Asbetos & Packing Company, Inc.), Foster-Wheeler, LLC (formerly Foster-Wheeler Corporation), General Electric Company, Hopeman Brothers Inc., The McCarty Corporation (successor to McCarty Branton Inc. and predecessor and successor to McCarty Insulation sales, inc.), Reilly-Benton Company Inc., Riley Power Inc. (Babcock Borsig Power Inc., DB Riely Inc., Riley Stoker Corporation), Taylor-Seidenbach Inc., CBS Corporation (Westinghouse Electric Corporation), Maryland Casualty Company, Shell Oil Company, Shell Chemical LP, Entergy Louisiana LLC, Chevron Oronite Company LLC, Wyeth Holdings Corporation (American Cynamid Company), Lou-Con Inc. and its executive officer Bernard Lyons and Union Carbide Corporation.

From 1962-1966 DeSalvo worked as a welder for Avondale, during which time he claims he was exposed to dangerous levels of toxic substances containing asbestos. He accuses the defendants of failing to reveal, and knowingly concealing inherent dangers in the use of asbestos, including the ability to expose family members through clothing. Additionally, defendant Avondale is accused of reckless storage, handling and transport of asbestos, and failing to provide safe equipment, proper ventilation and medical monitoring.

In his lawsuit, DeSalvo is seeking unspecified damages for past, present, and future hospital, medical, pharmaceutical and nursing expenses due to his lung-cancer and other asbestos-related conditions he could likely incur, such as mesothelioma. Additionally, he is seeking compensation for his loss of earning capacity and permanent partial disability which will progress to full disability.(Louisianarecord.com)

Asbestos News Roundup: 2.27.14 – Fire Fighter Asbestos Risk

February 27th, 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.

Fire Fighters and Asbestos Disease

According to a study done by The National Fire Administration/NIOSH, published in the October 2013 issue of Occupational and Environmental Medicine, the rate of mesothelioma among firefighters studied was twice that of the general US population.

The study is one the largest of its kind done to date, and looked at mortality patterns and cancer incidence among career firefighters. The researchers evaluated a pool of approximately 30,000 firefighters employed in San Francisco, Chicago and Philadelphia between 1950 and 2009.

They found, as have previous studies, that firefighters, through the course of their work, are exposed to known and suspected carcinogens like formaldehyde and benzene. The study shows that such exposure is linked to an increased risk of developing certain cancers. Additionally, the results were consistent with previous studies which show that firefighters experience higher rates of respiratory, digestive and urinary cancers, compared to the general population.

What was new, however, was the nearly doubling of the incidence rate for asbestos mesothelioma among firefighters, compared with the general US population. This had not been previously reported. The study not only strengthens previous evidence for the health risks firefighters are exposed to, but also suggests an association between firefighters’ occupational exposure to asbestos and increased mesothelioma rates, as asbestos is “the only known causal agent of mesothelioma.”

Asbestos Lawsuits

Edwardsville, IL: Video deposition from a man who died from asbestos illness before his asbestos lawsuit was concluded will now be heard by jurors in Madison County, Ill. He filed his lawsuit in Madison County in 2013, just months before he died from asbestos mesothelioma on May 23, 2013. His attorneys recorded Tom King’s video deposition prior to his death. His sons, Tom King Jr and Brian King, now represent their deceased father in the lawsuit.

Tom King, Sr., worked for the US Navy as a machinist mate for the U.S. Navy from 1959-1962 and again from 1965-1969, serving on the USS Forrestal, USS Tallahatchie County and the USS Hollister. He worked primarily in the engine room on each ship, but occasionally helped in other areas of the ship when needed.

Originally, there were 119 named defendants, of which Crane Co., a company that allegedly supplied the Navy with mechanical gaskets and valves, and John Crane, a designer and manufacturer of mechanical seals remain.

King Sr., testified that crew members were required to refer to a manual every time they worked on a piece of equipment regardless of their expertise in the department, and noted that he never saw any warning signs or indications in the manual that respiratory protection was necessary. He testified that for the replacement of old worn-out parts, the manual instructed him to use specific asbestos parts, which he was already supplied with by the Navy. He never deviated from the instructions in the manuals, calling the required specifications the “Navy way.” “We had a chain of command,” he said. “Remember the Navy way? That’s what we were required to do.” He testified regarding his work on pumps, valves and insulation, all containing asbestos.

King Sr., testified that in order to replace gaskets, it was necessary to clean the excess asbestos off the valves with a wire brush. The cleaning process created a lot of dust, he said. The case is ongoing. (legalnewsline.com)

Pittsburgh, PA: Milton M. Schuster Sr. filed an asbestos lawsuit alleging exposure to the lethal carcinogen through his work as a machinist. In his complaint, Schuster claims he was exposed to asbestos-containing products manufactured and distributed by the defendants from 1954 through 1985. The lawsuit states Schuster was diagnosed with asbestos-related lung cancer, on December 12, 2013. The illness is a direct result of his exposure to asbestos.

The defendants are: CBS Corporation, Crane Company, Foster-Wheeler Corporation, General Electric Company, General Electric Co. Switchgear Department, General Electric Capital Corporation, General Electric Capital Corporation, Goulds Pumps Inc., Honeywell International, also known as Allied Signal, Ingersoll-Rand Company, John Crane, Houdaille Inc., John Crane Inc., Owens-Illinois Inc., Union Carbide Corporation and Warren Pumps Inc., citing asbestos exposure. (philadelphiarecord.com)

Jefferson County, TX: An asbestos lawsuit has been filed by Virginia Furlong, wife, and Helen Furlong Moity, daughter of recently deceased William Ray Furlong. They name E.I. Dupont De Nemours and Co. as the defendant.

Specifically, the asbestos complaint alleges Dupont knowingly exposed William Furlong to toxic and carcinogenic dusts including asbestos during the course of his work at Dupont’s Works Facility in Beaumont.

According to the asbestos lawsuit, William Furlong developed mesothelioma from which he died in 2012. His widow and daughter seek to hold Dupont liable for William Furlong’s death. The Furlongs are seeking more than $100,000 in damages. (setexasrecord.com)

Attorney Kip Scott: Disaster Relief and Personal Injury Work quite Similar

February 25th, 2014. By BrendaC

Over the last 15 years, Kip Scott has set aside his law practice on three separate occasions, packed up and gone to work as a disaster relief volunteer. His latest sojourn was to an area around the city of Tacloban in the Philippines where thousands of people were left homeless and in desperate need after Typhoon Haiyan ravaged part of Southeast Asia last November.

“Some people ask ‘why don’t you just send the money’?” says Scott. “The answer is you don’t know how much those people appreciate seeing an American face there. It tells them ‘we have not forgotten about you’.”

“Our team had to drive and take the ferry many hours to Cebu to purchase building materials because there were no materials available near Tacloban”

Scott has trained as a volunteer disaster relief worker with the Salvation Army and had real-life on-the-job experience in New York during 9-11 and in New Orleans after Hurricane Katrina.

“I actually had never been to New York before 9-11,” says Scott who heard the news and within days was on his way to the site of the Twin Towers attack in Manhattan. “I was attached to the New York Medical Examiner’s Office and my job was to be a driver and deliver supplies to different locations around ground zero.”

“It was very difficult,” says Scott. “They considered the area to be an open grave and people were very angry that their friends and family had been murdered basically. Hurricane Katrina and Typhoon Haiyan were natural disasters but there was still a lot of hurt and sorrow and loss.”

Kip Scott specializes in personal injury law. Although the situations are profoundly different, his clients are often being tossed about in a firestorm of devastating personal circumstances. “Many of the people I see in my practice in Irvine, California are going through the worst time in their lives. Many of them can’t work, they have huge medical bills, and they are in emotional pain or physical pain. We try to find them a way out and help them rebuild their lives.”

In the Philippines, three months after Typhoon Haiyan, search and rescue teams continue to look for bodies of the missing and dead. Typhoon Haiyan (which translates to Typhoon Yolanda) killed more 6,000 people and hundreds of thousands are still without running water and electricity. It was the strongest typhoon ever recorded with sustained one-minute wind speeds of 195 mph.

On the ground for several weeks last November, Kip Scott and others from his church group at home in California hooked up with the Philippine Red Cross, Unicef, local community groups, and hundreds of other relief workers from around the world.

“We just said, ‘what do you need’?” says Scott.

The community they arrived in had water—but shelter was in short supply. Scott and his group got a hold of hundreds of sheets of roofing material, provided a truck, a driver and two haulers and began distributing the building materials to 73 families in a small out of the way place called Barangay San Jose.

“It was very inspirational to see people from countries around the world coming together to help,” says Scott. “In other ways it was difficult to hear the stories of the survivors and the stories about those who didn’t survive.”

Scott’s group helped hundreds of people recover from a devastating storm by providing food, clothing and shelter.

“Handing out Life Straws to survivors so they could drink water from the dirty river near a trash dump site.”

“Family members posted missing signs throughout the city and airport. Many survivors walked the beaches looking for their loved ones among the dead.”

 

“These people have gone through a tremendous ordeal and you want to be respectful. In our disaster recovery training we were taught to never say ‘I understand what you are going through’, because you really don’t,” says Scott.

All in all, Scott and his team were able to serve 870 individuals including providing new roofing for 73 families. Reflecting on his experience Scott says, “There are just overwhelming needs. We worked every day we were there from 8 a.m., getting back to our place about 8-9 pm. We all wish we could give more and do more but our time was up.”

Kip Scott is a senior partner with the Personal Injury Law Center in Irvine, California. The firm serves southern California from Santa Barbara down to San Diego. The firm has recovered millions of dollars for persons injured through no fault of their own. Scott has been recognized for his volunteer work with homeless children, Hurricane Katrina, and the Ground Zero Recovery Team.

 

Asbestos News Roundup: 2.20.14 – High Risk Asbestos Disease Jobs

February 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.

High Risk Asbestos Disease Jobs

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

Madison County, IL: An asbestos lawsuit has been filed by Ruth Curl, individually and as special administrator of the estate of her late husband, John Curl. The lawsuit alleges the defendants, Ameron International Corp. and more than two dozen other companies, were negligent and either knew or should have known of the dangers of asbestos, specifically that it can cause injury and death.

John Curl served in the US Army from 1958 until 1962. He then worked as a laborer from 1962 until 1963 at Zeller Corp. and was employed by General Motors Central Foundry as an electrician from 1964 until 1999.

According to the lawsuit, during the course of his various employments, John Curl was exposed to asbestos containing products which eventually resulted in his developing terminal lung cancer.

In her complaint, Ruth Curl is seeking more than $50,000 in damages. (madisonrecord.com)

Houston, TX: Roy L. Jones, and his wife, Patricia, have filed an asbestos lawsuit against numerous defendants alleging the defendants’ negligence lead to Roy Jones diagnosis of asbestos lung cancer.

In their complaint, the Texas couple names the following defendants: Avocet Enterprises Inc., Bird Inc., Carrier Corp., Certainteed Corp., General Electric Co., Georgia-Pacific LLC, Ingersoll-Rand Co., Kelly-Moore Paint Co., Riley Power Inc., Sears Roebuck and Co., Trane U.S. Inc., Union Carbide Corp., Viacom Inc., The Goodyear Tire & Rubber Co. and Shell Chemical LP.

According to the complaint, the defendants failed in safety standards and failed to warn employees of the risks associated with asbestos exposure. Consequently, Roy Jones has been diagnosed with lung cancer.

The couple is seeking an amount in damages in excess of the minimal jurisdictional amounts, plus court costs and any other relief. (setexasrecord.com)

Asbestos Accidents

Billings, MT: PPL Montana took preventative measures against asbestos exposure this week, shutting down its J.E. Corette power plant in Billings. Workers were sent home after a steam tube failed on the boiler, damaging asbestos-containing insulation. A subsequent windstorm sent the asbestos materials airborne.

Dave Hoffman, a PPL Montana spokesman told the media that the 154-megawatt coal plant will be off-line until environmental contractors on site complete remediation and the company can evaluate necessary repairs.

The incident occurred on February 3, when a steam tube on top of the boiler failed and a steam leak damaged some siding and insulation on the rear wall of the boiler, Hoffman said. Some of the insulation contained asbestos.

All the workers, approximately 26 to 30 employees, were either sent home or to PPL Montana’s office in Billings. Workers returned when the contractors declared areas clean, Hoffman said. However, on February 12, a strong wind blew around insulation and metal sheeting that had been on the side of building, Hoffman said. When the wind kicked up, the clean areas were not as easy to identify, so the company again sent workers home as a precaution for health and safety, he said. (missoulian.com)

Asbestos News Roundup: 2.13.14 – Low Asbestos Exposure Still Risky

February 13th, 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 Lawsuit

Houston, TX: Roy L. Jones, and his wife, Patricia, have filed an asbestos lawsuit against several defendants alleging the companies contributed to Mr. Jones lung cancer. According to the lawsuit, Jones has been diagnosed with lung cancer resulting from exposure from asbestos. The plaintiffs are claiming negligence and gross negligence.

The defendants are: Avocet Enterprises Inc., Bird Inc., Carrier Corp., Certainteed Corp., General Electric Co., Georgia-Pacific LLC, Ingersoll-Rand Co., Kelly-Moore Paint Co., Riley Power Inc., Sears Roebuck and Co., Trane U.S. Inc., Union Carbide Corp., Viacom Inc., The Goodyear Tire & Rubber Co. and Shell Chemical LP.

The couple claim the defendants created dangerous conditions, failed in safety standards and did not warn employees of the risks. The Joneses are seeking an amount in damages in excess of the minimal jurisdictional amounts, plus court costs and any other relief. (setexasrecord.com)

Asbestos Settlement

Boston, MA: the state Attorney General’s (AG) Office has ordered an Essex-based demolition company to pay civil penalties possibly totaling up to $125,000 to resolve allegations of improper handling and disposal of asbestos during the demolition of a building in Worcester.

According to the complaint, McConnell Enterprises Inc., a state-licensed asbestos removal contractor, was working on the demolition of Worcester’s former Crompton and Knowles building in 2011 when workers uncovered piping wrapped with asbestos insulation. The asbestos-containing material was left hanging three stories above the ground, putting workers and others in the area at “risk of contact with harmful fibers” for an extended period of time, the AG’s office claims.

State Attorney General Martha Coakley, in a prepared statement, said the case is one she is taking seriously. “Our office takes the mishandling of asbestos very seriously because of the health effects,” Coakley said. “Companies working with asbestos-containing materials must be held to the highest standards of care as ordered under our state air laws and regulations.”

According to the complaint, McConnell also failed to follow proper notification procedures, preventing the state Department of Environmental Protection from conducting appropriate oversight of the company’s asbestos removal activities.

“Licensed asbestos contractors are fully aware of the removal, handling, packaging and storage requirements that must be followed when dealing with asbestos-containing materials and of the requirement to provide notification to MassDEP in advance of this work,” said MassDEP Commissioner Kenneth Kimmell. “Asbestos is a known carcinogen, and following the rules is imperative to protect workers as well as the general public and environment. Failure to do so will result in significant penalty exposure, as well as escalated cleanup, decontamination and monitoring costs.”

The AG’s office alleges that McConnell falsely certified that it had complied with the applicable laws and regulations, in order to receive payment from the City of Worcester, violating the Massachusetts False Claims Act. The complaint also alleges various violations of the commonwealth’s air pollution prevention statute, its asbestos regulations, and its solid waste management statute and regulations.

The statement from the AG’s office stipulates that, McConnell must pay $82,500 in civil penalties to the commonwealth and another $42,500 in civil penalties if it fails to conform to waste regulations over the next 18 months. (Gloucestertimes.com)