Asbestos News Roundup: 11.14.13 – US Representative Files Asbestos Lawsuit

November 14th, 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.

Family Members at Risk for Asbestos Disease

The recent case of John Mays, below, who died from mesothelioma, highlights how asbestos dust represents a danger not just to those who worked in heavy industry, but also to their family members who were in daily contact with them.

Most recently, congresswoman Carolyn McCarthy (D-NY) has filed an asbestos lawsuit alleging second hand asbestos exposure has resulted in her developing asbestos disease. McCarthy believes that she was exposed to asbestos fibers on the clothing of her brothers and father. The details are given below.

While it’s been reported that Representative McCarthy has been a lifelong smoker, which some argue may put her case in question, it was only a couple of weeks ago that cigarettes were in the news for their possible contribution to asbestos disease.

Sadly, there are many cases of family members developing asbestos disease as a result of secondary asbestos exposure—secondary exposure caused, for example, by wives beating their husband’s dusty overalls as they hung on a washing line, or shaking them off in a doorway before putting them in a washing machine. Their husbands worked in industries such as mining, ship-building, construction, plumbing and electrical.

Children and even grandchildren have also been put at risk, running up to a returning parent to give them a hug as they return from work, or sitting on their knee as they wear their dusty work clothes. The risk of loved ones being accidentally exposed is unfortunate and just adds to the tragic legacy of asbestos. But as this latest case shows, it is something that family members need to be made aware of.

Asbestos Lawsuits

Madison County, IL: Jurors for an asbestos lawsuit currently underway in Madison County, heard testimony this week which alleged the amount of asbestos fibers contained in a can of Georgia Pacific joint compound manufactured several decades ago, if laid end to end, would stretch past Mars.

The testimony was made on behalf of Plaintiff James Reef of Kansas, who filed an asbestos lawsuit in December 2012. In his lawsuit, Reef has named dozens of companies as defendants, which, he alleges, are responsible for his diagnosis of asbestos mesothelioma.

Just 69 years old, Reef began his career as a carpenter at the age of 19, in 1965. In his lawsuit, he alleges he spent 50 percent of his time working on drywall using an asbestos-containing joint compound made by Georgia Pacific. Reef was diagnosed with incurable asbestos mesothelioma in October 2012.

According to witness Anne Ksionzyk, a Georgia Pacific employee since 1982, the company made joint compound with asbestos beginning in 1965. She testified that a 3.2 pound can of ready mix compound contained roughly 1.2 pounds of asbestos, which the plaintiff’s lawyer calculated, would stretch 451million miles if the fibers were placed end to end.

Ksionzyk confirmed that, at the time, there were no reports of carpenters who had worked or were working with dry wall becoming ill. At the time, there were no non-asbestos containing joint compounds manufactured. Ksionzyk also said no one indicated that asbestos was highly hazardous to human health at that time. Georgia Pacific ceased production of asbestos containing products in May 1977, more than a year before it was banned.

Another witness for the plaintiff, Dr. Thomas Selders, an industrial hygienist from Austin, Texas, gave testimony regarding a report he had written on Reef’s asbestos exposure. In his report, Selders focused on overall asbestos exposure, rather than exposure just from one source, such as joint compound, so for example, background exposure, asbestos fibers traveling on Reef’s clothing, as well as from joint compound, insulation and more.

“Don’t look for asbestos in one location,” Selders told the court. “It was used in a variety of items.” Selders said asbestos fibers can travel hundreds of meters, and when Reef wasn’t directly involved in dry wall work, he was around those who were. He also said that Reef’s clothing would have carried asbestos fibers, and clothing is a source of asbestos exposure that is frequently overlooked.

“’You’d be dusty head to toe and all over your face,’” Selders recalled Reef saying about carrying those fibers with him back home and in his car. “Whether it’s in a factory or somewhere else,” Selders said, “asbestos is asbestos.” (madisonrecord.com)

Mineola, NY: 69-year old New York congresswoman, Rep. Carolyn McCarthy, has filed an asbestos lawsuit on behalf of herself: she is currently being treated for asbestos-related lung cancer. In her lawsuit, she alleges she suffered asbestos exposure as a young woman, and this may have contributed to her asbestos disease.The lawsuit names 70 companies that may have made or contained products that contained asbestos.

Although McCarthy admits she has smoked cigarettes for most of her life, tobacco companies are not named as defendants because cigarettes have carried health warning labels for several decades.

The attorney representing McCarthy will use data from scientific studies which show a link asbestos exposure to smoking, claiming there is an increased likelihood of developing lung cancer when both tobacco smoke and asbestos exposure are found in patients.

According to media reports, McCarthy claims that as a young woman, she suffered secondary or take-home asbestos exposure when she did laundry for her brothers and father, who worked as boilermakers in navy yards and powerhouses, areas where asbestos was widely used. The asbestos fibers would become airborne and attach to the men’s clothing. (kentucky.com)

Madison County, IL: Lisa Michelle Lippold filed an asbestos lawsuit on behalf of her recently deceased husband, Thomas W. Lippold. In her lawsuit, Lippold names 50 defendant corporations, which, she alleges, caused her husband to develop lung cancer as a result of his exposure to their asbestos-containing products throughout his career.

From 1948 to 1996, Thomas Lippold worked as a welder and car man at Railcar Nebraska, and from 1997 to 1999 he worked as an audio and technical engineer at Grand Country 76 Music Hall. From 2000 to 2009 he worked as an audio and technical engineer at Pierce Arrow Theatre finally, he worked as a welder at Chatsworth Products in 2012, according to Lippold’s complaint.

Lippold lost her husband on November 15, 2012, as a result of his asbestos-related diseases. In her lawsuit, Lippold states that prior to his death, the asbestos illnesses caused him to become disabled and disfigured, incur medical costs and suffer great physical pain and mental anguish. Additionally, 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, she alleges.

The lawsuit states that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

Mrs. Lippold is seeking a judgment of more than $150,000, economic damages of more than $200,000, compensatory damages of more than $150,000, punitive and exemplary damages of more than $50,000 and other relief the court deems just. (madisonrecord.com)

Asbestos News Roundup: 11.7.13 – Remembering Veterans’ Asbestos Risk

November 7th, 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.

Remembrance: Our Veterans at Risk for Asbestos

Given that on Monday, November 11, the US and Canada will be marking the contributions of their war veterans, it seems a fitting time to remember that many of our veterans are also suffering from terminal, asbestos related illnesses, as a result of asbestos exposure during their service.

US Navy Veterans are at a particularly high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits. But because asbestos-related disease can take up to 30 years or more to manifest, it is often detected long after men have left the Navy.

The states with the most US Navy Veterans include California, Florida, New York, Texas, Ohio, Michigan, Arizona, Massachusetts, Washington, Maine, Oregon, Arizona, Illinois, Wisconsin, Iowa, Pennsylvania, Montana, Kansas, North Dakota, Hawaii, Nebraska, and Mississippi.

US Navy Veterans are not the only group of workers at high risk for asbestos exposure. Men and women who worked in power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops may also have been exposed to high levels of asbestos

Asbestos Lawsuits

Charleston, WV: CSX Transportation is facing an asbestos class action lawsuit filed by Harold Newton Davis, an ex-employee who alleges the company is responsible for his asbestos-related lung cancer.

Davis was employed by CSX as a laborer and track layer in Huntington from 1945 until 1946, according to his lawsuit. He alleges that during that time he was exposed to toxic substances, including asbestos, which caused him to develop asbestos lung disease, with which he was diagnosed on December 18, 2012.

During his employment, Davis was he was unaware of the health dangers associated with asbestos exposure. In his lawsuit, Davis claims CSX Transportation failed to provide him with a reasonably safe place within which to work and failed to furnish safe and suitable tools and equipment.

As a result of his asbestos exposure and subsequent asbestos disease, Davis has suffered great pain, mental anguish and severe injuries, and his enjoyment of life has been greatly reduced, the lawsuit states. (wvrecord.com)

Madison County, IL: Steve and Marsha Bostick, have recently amended their original asbestos lawsuit to add more defendants. The complaint had named 65 corporations as defendants. However, they now name approximately 70 companies as being responsible for Steve Bostick’s asbestos-related lung disease.

Bostick worked as a mechanic with the Army from 1965 until 1968, as a deckhand on the Mississippi River and a mechanic at MTA City Bus Line from 1968 until 1971, as a power plant operator at TVA from 1971 until 1985 and as a power plant shift operator for the Army Corps of Engineers from 1985 until 2002, according to the asbestos lawsuit.

The Bosticks filed the motion to amend their complaint on October 7 to add secondary exposure history and additional defendants based on information they recently obtained, the document states. Approved on October 17, the amended complaint now names Alcatel-Lucent USA Int, formerly known as Lucent Technologies, Inc, Occidental Chemical Corporation, formerly known as Hookers Chemical Co, Reichhold, Rogers Corporation, and VF Corporation as defendants.

The couple is seeking a judgement in excess of $100,000, economic damages of more than $50,000, punitive damages of more than $100,000 and compensatory damages of more than $50,000 in their 10-count complaint. (madisonrecord.com)

Madison County, IL: James Reef, who filed his asbestos lawsuit in 2012, will now see his day in court. Reef, who worked as a carpenter, filed his lawsuit in December naming Georgia Pacific as the defendant.

According to the lawsuit, Reef’s asbestos exposure resulted from inhalation of asbestos fibers “emanating from certain products he was working with and around” caused him to develop mesothelioma. He blames Georgia Pacific for manufacturing, marketing, supplying and distributing asbestos-containing products, including joint compound and joint treatment systems.

The lawsuit claims that Reef was exposed to drywall, sheetrock, ready mix and joint compound containing asbestos, which he regularly purchased from Georgia Pacific. Reef estimates he’s used several thousand sheets of drywall from the defendant over the course of his career, picking up the products from Georgia Pacific’s facility in Wichita, KS, over 50 times.(madisonrecord.com)

Asbestos Settlements

Madison County, IL: Plaintiff William Costello, who filed an asbestos lawsuit naming over 50 companies as defendants, has had his lawsuit settled before going to trial. The lawsuit was settled after the plaintiff filed a notice to compel the CEOs and CFOs all the defendant companies to testify at trial.

According to the asbestos lawsuit, filed in November, 2012, Costello developed mesothelioma as a result of his exposure to and inhalation of asbestos fibers between the years 1996 and 1999 while he worked as a maintenance man at various locations.

Costello alleged in his complaint that the defendants manufactured, sold, distributed or installed the products containing asbestos fibers,and that they should have anticipated the dangers of working with such products. Additionally, the lawsuit claims the defendants included asbestos in their building products regardless of the known health hazards, and that they failed to use adequate substitutes for the asbestos products, failing to provide proper warnings about the asbestos dangers and failing to instruct employees on how to safely work around the products.

Costello claims he did not know the extent of the health dangers associated with working around asbestos. “Plaintiff remained ignorant and uninformed of the hazards of asbestos, failed to take precautions and was thereby exposed to, inhaled, ingested or otherwise absorbed asbestos fibers, causing him to develop the asbestos disease specified herein,” the lawsuit stated.

Costello accused the defendants of willful and wanton conduct for having a reckless disregard for the safety of the plaintiff. He also claimed the defendants conducted in negligent spoliation of evidence, arguing that documents identifying the asbestos-containing products and the work the plaintiff did, among others, were reasonably considered evidence.

He argued that defendants “breached their duty to preserve said material evidence by destroying and otherwise disposing of said documents and information, at a time when they and each of them knew or should have known that the same constituted material evidence in potential civil litigation,” the lawsuit stated. (madisonrecord.com)

 

Foster Farms Apologizes for Salmonella, but why wasn’t there a Recall?

November 6th, 2013. By AbiK

Foster Farms CEO Ron Foster sent out this full-page ad apology regarding the recent salmonella outbreak brought on by his company’s chicken. However, while there was a health alert issued by the CDC, reports of over 360 salmonella cases in 21 states, Costco’s been pulling the chicken off their shelves, and now the salmonella lawsuits are starting to roll in, Foster Farms did not issue a voluntary recall for the chicken. So the question remains: why?

 

Asbestos News Roundup: 11.1.13 – Cigarette Asbestos?

November 1st, 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.

Cigarettes & Asbestos Risk

It is hard to think of anything that could make cigarettes more dangerous, but back in the 1950s, certain cigarettes actually contained asbestos in their filters. Those asbestos-containing cigarettes have led to lawsuits alleging mesothelioma and asbestosis disease, either on the part of people who smoked the cigarettes or those who worked in the factory that supplied the filters. Other lawsuits alleging exposure to asbestos fibers resulting in asbestosis lung disease are still pending.

According to Daily Business Review (9/19/13), Richard Delisle was diagnosed with mesothelioma, a fatal condition linked to asbestos exposure, in 2012. He alleges that his smoking of Kent cigarettes, which reportedly used a filter that contained asbestos, contributed to his developing mesothelioma. Also included as defendants in the trial were a paper mill company where Delisle was employed and the manufacturer of the filters used in the Kent cigarettes.

A jury found the cigarette maker, Lorillard, and the maker of the filters each 22 percent responsible for Delisle’s condition, with another 16 percent fault given to the paper company. The final 40 percent was against other defendants. In all, the jury awarded Delisle $8 million, with Lorillard paying $3.52 million as a result of an indemnity agreement between Lorillard and the maker of the filter manufacturer.

Asbestos Lawsuits

St. Clair County, IL: Arlon J. Hobbs has filed an asbestos lawsuit naming 63 defendant corporations which, he claims caused him to develop asbestos lung cancer.

Hobbs alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

From 1950-1956 and again from 1960-1961 Hobbs worked as a die maintenance worker at General Motors. He then worked as a furnace builder at Tip Welch Die Casting from 1957 until 1961, as a maintenance worker at Acme Brick from 1962 until 1964, as a maintenance worker at Curtis Mathes from 1964 until 1965, as a maintenance worker and furnace builder at Glenvale Die Casting from 1965 until 1972 and as a self-employed general maintenance worker from 1972 until 2012, according to the lawsuit.

Hobbs asserts that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety.

Suffering from asbestos disease, Hobbs has become disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. 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, as a result of his potentially terminal illness.

Hobbs is seeking a judgment of more than $150,000.(madisonrecord.com)

New Orleans, LA: A Louisiana man who has been diagnosed with asbestos mesothelioma has filed an asbestos lawsuit naming scores of defendants he alleges are responsible for his occupational exposure to asbestos.

Templeton Evans, a former shipyard worker and pipe-filler, alleges that from 1967 to 1977, during his employment at Avondale Shipyard’s main dock, the Harvey Quick Repair Yard and the Westwego Yard, he used and handled asbestos and asbestos-containing products. He further claims he was exposed to asbestos during his work as a pipefiller for Local 60, Murphy Oil, Union Carbide, Shell Oil, Monsanto, Hooker Chemical, Entergy Waterford III and Chevron, at various sites around the state of Louisiana. Evans alleges he contracted malignant lung cancer as a result of his many years of asbestos exposure.

The defendants, who include: Avondale Industries Inc., Northrop Grumman Ship Systems Inc., Huntington Ingalls Inc., Eagle Inc., Hopeman Brothers Inc., International Paper Company, Liberty Mutual Insurance Company, McCarty Corporation, Maryland Casualty Company, Metropolitan Life Insurance, Reilly-Benton Company, Taylor-Seidenback Inc., Uniroyal Inc., Viacom Inc., Asbestos Corporation Ltd., Albert Bossier, Certain Underwriter’s at Lloyd’s, London, One Beacon Insurance Company, Entergy Gulf States, Louisiana LLC, Union Carbide Corporation, Murphy Oil USA, Chevron USA Inc., Occidental Chemical Corporation, Shell Oil Company and Monsanto, are accused of intentional misconduct, fraud and concealment or conspiracy to defraud or conceal the dangers of asbestos-containing products.

Evans is seeking an unspecified amount in damages for medical costs, lost earnings, mental sufferings and reduced quality of life.(louisianarecord.com)

New Orleans, LA: Lones James Gagnard Jr., recently diagnosed with asbestos-related lung cancer, has filed suit against several companies he alleges are responsible for his exposure to asbestos from the early 1970s.

Gagnard Jr., alleges that he was exposed to injurious levels of asbestos and asbestos-containing products from his occupational exposure from 1972 to 1974 and subsequently contracted lung cancer.

Specifically, Gagnard Jr., accuses the defendants of mining, manufacturing, selling, supplying, distributing, and using products unreasonably dangerous and known to possess inherent dangerous properties with high potential for injury, failing to warn the plaintiff as to the hazards of their products in their foreseeable use, failing to provide safety instructions to eliminate or reduce risks associated with the products, failure to inspect truthfully or adequately report product testing and medical studies, failure to properly design, producing defective products, and failure to properly package their products.

Gagnard further claims that his employers failed to provide him with a safe place to work, adequate engineering or industrial hygiene measures to control the level of exposure to asbestos and failure to warn of associated hazards.

He is seeking an undisclosed amount for all medical costs or expenses, lost earnings, mental suffering, anguish, pain, and suffering, physical pain and suffering, loss of quality of life and disability.

Gagnard Jr. filed suit against Avondale Industries, Inc., Northrop Grumman Ship Systems Inc., Huntington Ingalls Incorporated, Eagle, Inc., Hopeman Brothers Inc., International Paper Company, Champion International, US Plywood, Liberty Mutual Insurance Company as insurer of Wayne Manufacturing Company, McCarty Corporation, Maryland Casualty Company as insurer of Marquette Insulation Inc., Metropolitan Life Insurance Company, Reilly-Benton Company, Taylor-Seidenbach Inc., Uniroyal Inc., Viacom Inc. as successor to CBS Corporation, Wayne Manufacturing, Albert Bossier, Certain Underwriters at Lloyd’s London, OneBeacon Insurance Company, J.D. Roberts, and James Melton Garrett. (louisianarecord.com)

 

Asbestos News Roundup: 10.24.13 – Shipyard Asbestos Risk

October 24th, 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.

Asbestos Risk and Shipyard Workers

Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbestos-related diseases.

Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos-related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.

Asbestos Lawsuits

Jefferson County, TX: An asbestos lawsuit has been filed by the estate of the late Gloria Harris alleging her lung cancer was caused by her husband’s asbestos exposure at Texaco.

The lawsuit was filed by Joe Harris filed suit against Texaco, and other defendants including TRMI Holdings, Huntsman Petrochemical, Triplex, Santa Fe Braun, Resco Holdings, Bechtel Corp., Sequoia Ventures, Chicago Bridge & Iron and LGS Technologies.

According to the lawsuit, Joe’s late wife inadvertently breathed the asbestos dust from his clothes and riding his vehicle, which he had been exposed to during his employment at Texaco. This allegedly caused her to develop asbestos-related lung cancer, from which she died on February 24, 2012.

The suit accuses the defendants of manufacturing and using asbestos products without warning workers, such as Joe, of the health hazards associated with the carcinogenic mineral. (setexasrecord.com)

New Orleans, LA: Rosemary Rodosta has filed an asbestos lawsuit alleging she developed asbestos-related cancer as a direct result of both direct and secondary asbestos exposure. In her lawsuit Rodosta asserts she has been diagnosed with pleural mesothelioma, which she alleges is a result of both household asbestos exposure from when she was child living in her parents’ residence in Louisiana, and from direct exposure as a result of smoking Kent Cigarettes from 1947 to 1967.

Named defendants in the lawsuit are: Lorillard Tobacco Company, Hollingsworth and Vose Company Inc., Eagle Inc., One Beacon American Insurance Company, McCarty Corporation, Reilly Benton Company Inc., Falstaff Brewing Corporation, Taylor-Seidenbach Inc. and their insurers.

Rodosta alleges that her father worked at Falstaff Brewery, where he was frequently exposed to asbestos, and would come home covered in asbestos dust, which would “emanate from his person.” As a child living in this environment she claims she suffered secondary asbestos exposure.

She further alleges her direct exposure to asbestos came later, as a result of smoking Kent Cigarettes from 1947 to 1967, because the micronite filters of these cigarettes contained crocidolite or blue asbestos at least from the period of March 1952 through May 1956.

The defendants are accused of intentional misconduct, fraud, and concealment or conspiracy to defraud or conceal the dangers of asbestos-containing products.

Rodosta is seeking an unspecified amount in damages is sought for medical costs, lost earnings, mental sufferings and reduced quality of life. (louisianarecord.com)

New Orleans, LA: Robert Dixon, a retired shipyard worker recently diagnosed with terminal asbestos-related cancer, has filed an asbestos lawsuit naming his former employers as well as asbestos miners and distributors as defendants. Dixon was diagnosed with malignant asbestos mesothelioma on October 9, 2012.

In his asbestos complaint, Dixon alleges he was exposed to asbestos several times throughout his career. Specifically, from 1970 to 1973, while he worked as a tacker and shipfitter at Northrop Grumman Ship System’s Inc, formerly known as Avondale Shipyard’s “Main Yard.” Then, from 1976 to 1982 he claims he suffered asbestos exposure from performing daily maintenance for George Engine Company in Harvey, and subsequently for Leson Chevrolet from 1982 to 1987, and from 1987 to date.

Dixon filed his asbestos suit against the 3M Company (The Minnesota Mining and Manufacturing Company), Albert Bossier, the executive officer of Avondale Industries, Anco Insulations Inc., CBS Corporation, Dana Companies LLC, Eagle Inc., Ford Motor Company, Hennessy Industries Inc., Honeywell International Inc., Hopeman Brothers Inc., International Paper Company, The McCarty Corporation, Northrop Gruman Ship Systems Inc., Reilly-Benton Company Inc. and Taylor-Seidenbach Inc.

Dixon accuses the defendants of mining, manufacturing, selling, supplying, distributing and using products unreasonably dangerous and known to possess inherent dangerous properties with high potential for injury, failing to warn the plaintiff as to the hazards of their products in their foreseeable use, failing to provide safety instructions to eliminate or reduce risks associated with the products, failure to inspect truthfully or adequately report product testing and medical studies, failure to properly design, producing defective products, and failure to properly package their products. In addition, employers allegedly failed to provide Dixon with a safe place to work, adequate engineering or industrial hygiene measures to control the level of exposure to asbestos and failure to warn of associated hazards.

He is seeking an unspecified amount in damages for medical costs, lost earnings, mental sufferings and reduced quality of life.(louisianarecord.com)