Asbestos News Roundup: 1.16.14 – Study on Asbestos in Ovens

January 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.

Bakers and Asbestos Risk

The Institute of Asbestos Victims (IAS), in the Netherlands, reported this week that they are aware of 38 cases of bakers contracting asbestos-related cancer from exposure to asbestos contained in old ovens. The reports of asbestos-related cancer are from 2000 to 2012. In one case, the IAS said they were aware of asbestos fibers making it into the bread. Asbestos was or possibly is still used as an insulation material in and around older bread ovens, and may be released over time, as part of wear and tear.

According to the report by Racers Republic out of the Hague, Gert van der Laan, clinical specialist at the Netherlands centre for industrial sickness, said, “It is clear that bakers may inhale asbestos at work with outdated furnaces.” He went on to explain that if visible asbestos contamination occurs on the bread, then many invisible fibers may also be released into the air.

[dead link] http://racers-republic.com/health/dozens-of-cases-of-asbestos-cancer-in-bakers-6711/

Asbestos Lawsuits

Madison, IL: Irene Rooneo, the widow of Walter Benedict Rooneo, is suing dozens of defendant companies she alleges are responsible for her late husband’s asbestos mesothelioma and subsequent death on December, 29, 2011.

In her lawsuit, Mrs. Rooneo states Walter Benedict Rooneo was exposed to asbestos during his employment as a laborer in the related companies. He worked at various locations in Illinois, most recently as a laborer at Joy Manufacturing in Mount Vernon from 1984 to 2005.

Rooneo further claims the defendants were negligent and conspired against Metropolitan Life Insurance Co. and Pneumo Abex Corp., as successor in interest to Abex Corp.

Irene Rooneo is seeking damages in excess of $50,000.

Named defendants include: A.O. Smith Corporation; Air & Liquid Systems Corporation; Arvin Meritor; Bemis Company, formerly known as Bemis Bag Company; Borg-Warner Corporation, by its successor in interest to Borg-Warner Morse Tec Inc.; CBS Corporation, formerly known as Westinghouse Electric Corporation; Carboline Company; Certainteed Corporation; Cleaver Brooks, a division of Aqua Chem Inc.; Crane Co.; Crown Cork and Seal USA Inc.; Dravo Corporation; Ford Motor Company; Foster Wheel Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps; Honeywell Inc.; Honeywell International Inc., formerly known as Allied Signal Inc., successor in interest to Bendix Corporation; Industrial Holding Corporation, formerly known as Carborundum Company; Ingersoll-Rand Company; John Crane Inc.; Joy Global Underground, formerly known as Joy Technologies LLC; Maremont Corp.; Motion Control Industries Inc.; Nibco Inc.; Nooter Corporation; Oakfabco, formerly known as Kewanee Boiler; Pneumo Abex Corporation, as successor in interest to Abex Corporation; Reichhold Inc.; The Ric-Wil Company; Saint Gobain Abrasives Inc.; Spirax Sarco Inc.; Square D, a brand of Schneider Electric; Sterling Fluid Systems USA Inc.; Trane US Inc., formerly known as American Standard Inc.; Triangle Enterprises Inc.; Union Carbide Corporation; Weil McLain; Young Insulation Group of St. Louis; Young Group Ltd., formerly known as Young Sales Corp. and Metropolitan Life Insurance Co. (madisonrecord.com)

 

Asbestos News Roundup: 1.10.14 – Get Your Furance Checked for Asbestos

January 10th, 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.

Hot Air Furnace Asbestos Risk

Just a reminder, as almost all of North America is in a deep freeze—or under several feet of snow right now that if you have an old furnace that has just gone—or you’re thinking or replacing—beware—it could contain asbestos!

While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.

As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it. If you suspect your furnace could contain asbestos, get a professional in to take a look at it.

Asbestos Lawsuits

Madison, IL: Georgia-Pacific and John Crane Inc, have been named as defendants by Robert Cowger, personal representative for the heirs and estate of Barbara Cowger, deceased, and her husband Bill Cowger.

According to the lawsuit, Bill Cowger worked as a drywaller from 1963 to 2008 for various contractors. During the course of this employment, his wife was exposed to and inhaled, ingested or otherwise absorbed large amounts of asbestos fibers emanating from certain products he worked with and around which were manufactured, sold, distributed or installed by the defendants.

The lawsuit contends that the defendants either knew or should have known the products had a toxic, poisonous and highly damaging effect upon persons inhaling, ingesting or otherwise absorbing them. Barbara Cowger developed lung cancer that ultimately led to her death as a direct and proximate result of one or more of the acts of negligence on the part of the defendants.

The defendants are also accused of several acts of omission amounting to willful and wanton misconduct.

Additionally, the lawsuit claims that conspirator defendants (both named and not named) as agents of one another and as co-conspirators, agreed and conspired among themselves and with other asbestos manufacturers, distributors and trade organizations to injure the deceased by willfully conspiring to publish false and misleading reports of the health hazards of asbestos.

Judgments in excess of $50,000 for each of the charges have been entered against the defendants. (madisonrecord.com)

 

Top 10 Legal News Stories of 2013

January 7th, 2014. By AbiK

Bet you can’t guess what the top legal news story on LawyersandSettlements.com was for 2013 (and no, none of them featured former NYC mayoral hopeful Anthony Weiner…).

I’ll take that bet even further—I bet most attorneys, who you’d think would be in the know on these things, couldn’t even guess.

That’s because 2013 turned out to be a pretty interesting year in terms of the top legal news stories our journalists covered. While employment lawsuits—typically involving issues such as unpaid overtime and misclassification, on-the-job discrimination, workers’ comp, and wrongful termination—are always reader faves, in 2013 something strange happened: employment issues did not show up in our top ten news stories. At all.

Go figure, eh?

To be fair, when it came to content posted other than legal news articles (i.e., emerging issues, settlements, lawsuits filed), employment settlements drew the most readers. But it was health-related issues that drove readers’ interest when it came to articles and interviews. Here’s how the year’s top ten legal news stories played out (as measured by number of clicks the articles published in 2013 received):

1. Denied Disability: Social Security Recognizes Fibromyalgia

2. Health Canada Documents Link Yasmin and Yaz to Deaths

3. Are Fen-Phen Pills Back? You Would be Half-Right…

4. New York State Cracks Down on Illegal Internet Payday Loans

5. Mirena User Suffers Miscarriage, Now Filing Mirena Lawsuit

6. Mirena Side Effects Lead to Early Hysterectomy for Young Plaintiff

7. Monster Caffeine Levels: When Too Much Energy Isn’t Good for You

8. Junior Hockey League Player Filing Ulcerative Colitis Accutane Lawsuit

9. Yasmin Birth Control Suspected in Deaths of Canadian Teens

10. Mesothelioma Victim Awarded $8 Million

And if you’re wondering what the number one legal news story was for 2012…here’s that one (and, you guessed it, it was about a wage and hour lawsuit, the ‘Lunch Break Lawsuit‘ (Brinker Restaurant Corp. v. Superior Court))

Asbestos News Roundup: 1.2.14 – Asbestos Fire Damage

January 2nd, 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 Fire Damage

During the holiday season, there are always news stories of fires caused by unattended candles, tree decorations, and faulty electronics. If asbestos-containing products are involved, there is a risk for inhaling asbestos fibers, and consequently asbestos disease.

Exposure to extremely high temperatures, around 1000°C, can cause asbestos fire damage, such as charring, spalling and loss of structural strength. (Spall are flakes of a material that are broken off a larger solid body). Asbestos fire damage can also be seen in asbestos containing materials where thermal expansion has occurred even though no direct exposure to fire has taken place.

The major issue with asbestos fires is the debris left behind, which can spread to a large area as a result of spalling. Asbestos contamination can be found within ash and dust during and after an asbestos fire.

In the event of asbestos fire damage, the following steps should be taken:

• Avoid entering the asbestos fire contaminated area to reduce the risk of disruption, exposure or cross contamination.

• Seek professional opinion from an asbestos remediation expert.

• Use appropriately licensed asbestos removal contractors to remove asbestos fire debris and dispose of in a safe and controlled manner.

• Use independent asbestos analysts to conduct asbestos atmospheric testing before/ during/ after the removal of asbestos fire debris.

Asbestos Lawsuits

St. Clair County, IL: James L. Hays and Carol Hays have filed an asbestos lawsuit naming 113 defendant corporations, which, they allege, caused Mr. Hayes to develop lung cancer as a result of exposure to asbestos-containing products throughout his career.

Mr. Hays worked as a laborer at a pipeline company in Texas, as an apprentice at Ross School and Tool Company from 1961 until 1966 and as a tool inspector at Abco Corp. from 1966 until 1968, according to the Hays complaint. They allege the defendants should have known of the harmful effects of asbestos, and failed to exercise reasonable care and caution for the plaintiff’s safety.

The Hays allege that as a result of his asbestos-related diseases, James L. Hays became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. further, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.

The Hays are seeking a judgment of more than $100,000, economic damages of more than $150,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $150,000 and other relief the court deems just.(madisonrecord.com)

New Orleans, LA: Following the death of his father, Lance Vincent Ford has filed an asbestos lawsuit naming numerous defendants as being responsible for his father’s asbestos disease and subsequent death. Carl Ford allegedly contracted malignant mesothelioma from repeated environmental and occupational asbestos exposure, the lawsuit claims.

The lawsuit states that Carl Ford, who was born in 1938, was exposed to injurious levels of asbestos, both through environmental exposure while living on the West Bank since birth, near residences and areas contaminated with asbestos-containing scrap metal, as well as occupational exposure while working for National Gypsum at its Westwego facility.

The lawsuit alleges that prior to and during Carl Ford’s exposure period, each of the defendants designed, tested, evaluated, manufactured, packaged, furnished, stored, handled, transported, installed, supplied and sold asbestos-containing products.

The defendants include the Asbestos Corporation Limited, Taylor-Seidenbach Inc., Eagle Inc., Union Carbide Corporation, Burmaster Land and Development Co LLC, Zurich American Insurance Company, Owens Illinois Inc., Uniroyal Inc., The United States Rubber Company Inc. and Metropolitan Life Insurance Company in the Orleans Parish Civil District Court.

The defendants are accused of the mining, manufacture, sale, supply, distribution and use of products that are unreasonably dangerous and that have high potential for causing serious injury such as respiratory disease, cancer and other health problems.

Additionally, Ford alleges the defendants failed to warn, failed to provide safety instructions, failed to adequately test the products for defects, failed to truthfully report or adequately report the results of product testing, failed to recall the products and being otherwise negligent. The International Hygiene Foundation and its members are also accused of fraud and conspiracy.

The plaintiff requests a trial by jury, and seeks an unspecified amount in damages for the conscious physical pain and suffering sustained by the plaintiff and his now deceased father, the physical impairment and disfigurement suffered by the plaintiff’s father, reasonable and necessary medical expenses, funeral and burial expenses, lost earnings, loss of quality of life, and loss of consortium, love, affection, services and society and other damages. (louisianarecord.com)

Retna, LA: The husband and son of a woman who died from asbestos mesothelioma on May 19, have filed an asbestos lawsuit, naming several defendant corporations as being responsible for her death.

Mark Hennessey and Jude Gattuso name Burmaster Land & Development Company LLC, Zurich Insurance Company, Asbestos Corporation and Southern Talc as defendants, alleging Betty Hennessey contracted mesothelioma due to direct exposure to asbestos groundfill material mined and milled by Asbestos Corp. and delivered by Burmaster Land and Development LLC in areas near the home in Gretna from 1950 to 1961.

They further claim that during the period that Betty Hennessey was a resident in the area, Burmaster Land and Development LLC crushed concrete pipe containing asbestos to make ground fill material that was used in area driveways and that asbestos-laden dust inside was spread throughout the neighborhood and into her home. Hennessey and Gattuso claim that Betty Hennessey’s exposure to asbestos directly related to her death. The defendants are accused of failing to warn, product liability and selling unreasonably dangerous materials.

An unspecified amount in damages is sought for physical pain and suffering, physical disability, mental pain and suffering, loss of benefits and loss of enjoyment of life. (louisianarecord.com)

Asbestos News Roundup 12.26.13 – Study: Small Exposure Still Deadly Risk

December 27th, 2013. 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.

Lowest Asbestos Levels Linked to Asbestos Disease in Industrial Workers

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: 55 companies have been named as defendants in an asbestos lawsuit, alleging workplace-related asbestos related lung disease.

Filed by James L. Prince and his wife, Julia Fay Prince, the lawsuit claims Mr. Prince was diagnosed with lung cancer on November10, 2011. The couple allege Mr. Price was exposed to asbestos and/or asbestos-containing products during his employment as a carpenter from 1947 until 1975.

The defendant companies 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 complaint.

The Princes are seeking a jury trial to resolve all issues involved. The named defendants include:

A.W. Chesterton Company; Air & Liquid Systems Corporation; American Electric Power Company; American Electric Power Service Corporation; Appalachian Power Company; Aristech Chemical Corporation; Brand Insulations; Certainteed Corporation; Cleaver-Brooks; and Copes-Vulcan. (wvrecord.com)

Asbestos Settlements

Cleveland, OH: A jury in Ohio has awarded $27.5 Million to an English professor and his wife who alleged he developed asbestos disease through second hand or take home asbestos exposure.

The jury assessed 60 percent liability to against Kelsey-Hayes Company, successor to National Friction Products Corp, the defendant.

Mr. Panza was diagnosed with terminal asbestos mesothelioma in 2012. The only known cause of mesothelioma in the United States is asbestos exposure. Mr. Panza has received several rounds of chemotherapy and radiation as well as radical surgery which resulted in the removal of one of his lungs and part of his diaphragm in an effort to prolong his life. There is no cure for mesothelioma. Mr. Panza is only 40 years old.

The Panza’s contended that John Panza Jr.’s take-home exposure occurred from exposure to asbestos dust that his father, John Panza, Sr., an employee of the brake company Eaton Airflex, brought home, unknowingly, on his work clothing.

Mr. Panza’s father worked at Eaton from 1963 to 1993 in the shipping and receiving department. As part of his job, he was required to deliver materials all over the plant and was a frequent bystander to other employees who drilled and abraded National Friction products, which released asbestos. Mr. Panza and his father were very close and were known to spend a lot of time together. Mr. Panza, Sr. coached his son’s baseball league and Mr. Panza also helped sort and wash his father’s dusty laundry.

Mr. Panza married his high school sweetheart, and they now have a young daughter. While they had hoped for more children, Mr. Panza’s cancer medication prevents that from happening.

The jury awarded Mr. Panza $515,000 in economic damages and $12 million in non-economic damages. His wife, Jane Panza, was awarded $15 million for loss of consortium for a total award of $27,515,000. (harrismartin.com + waterskraus.com)