Asbestos News Roundup: 4.18.13 – Asbestos in Schools, Libby Delays

April 18th, 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.

School Kids at Risk for Asbestos Exposure?

Building materials and insulation such as drywall, floor/ceiling tile, applied fireproofing spray, and piping/boiler insulation used in the construction of schools prior to 1980, frequently contained asbestos.

While undisturbed asbestos materials generally do not pose a health risk to students and teachers, over time they can become hazardous due to deterioration or damage.

If asbestos containing materials are disturbed, (e.g. during the installation, maintenance, or removal process), asbestos fibers may become airborne and pose a health threat to students, teachers and other employees within the schools. Once asbestos fibers are inhaled or swallowed, the risk of getting an asbestos related disease, such as asbestosis or mesothelioma, also increases. Student exposure to asbestos in schools is particularly concerning because once the fibers accumulate in the lungs, the latency period between asbestos exposure and the onset of symptoms can take as long as 20 to 50 years.

The federal government has been regulating the use of asbestos in schools since the 1980′s. Schools now have regulatory requirements and management plans to reduce the risk of potential asbestos exposure for students and teachers. However, until the presence of asbestos in schools is eliminated entirely, many believe it will continue to pose a health risk.

Asbestos Lawsuits

Charleston, WV: William Eugene Miller, from Wheelersburg, Ohio, is suing 60 companies he alleges caused his lung cancer.

Miller was diagnosed with the asbestos-related illness on April 21, 2011. According to his asbestos lawsuit, the defendants exposed Miller to asbestos and/or asbestos-containing products during his employment as a laborer from 1947 until 1995, according to a suit. The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.

Chicago, IL: A developer renovating a nursing home in uptown Chicago is facing an asbestos lawsuit brought by Attorney General Lisa Madigan. The eight-count lawsuit cites environmental violations related to the faulty removal of asbestos from the nursing home by Somerset Place Realty, the new owner of the property at 5009 N. Sheridan Rd.

Developer Zidan Management Group and general contractor Dubai, Inc., were also named in the lawsuit, which seeks $400,000 in damages ABC7Chicago reported.

“Unfortunately, careless mishandling of this dangerous substance posed a health threat,” Madigan said in a release Wednesday. “This legal action will ensure the workers take appropriate precautions and the contractors effectively clean up the location.”

Both city health inspectors and inspectors with the Illinois Environmental Protection Agency) allegedly saw workers “wearing only paper respirators,” and indicated they “were not dressed properly for asbestos removal,” according to Madigan’s office.

The workers were also “removing pipe insulation, tile and mastic containing asbestos without enclosures and without following the proper wetting procedures,” Madigan’s office said.

Madigan’s complaint against Zidan, Somerset and Dubai alleged “substantial danger to the environment, air pollution, violation of asbestos inspection, emission control and disposal procedures, and violations regarding state and local notification of asbestos removal.” (ABC7chicago.com)

EPA Comes Under Fire for Libby, Montana Cleanup

Billings, MT: The Environmental Protection Agency (EPA) is coming under fire by internal investigators for “years of delays” in completing health studies that are necessary to inform the ongoing cleanup at the infamous asbestos mining town of Libby.

Hundreds of people living in and around Libby have died from asbestos exposure resulting directly from the mining activities of WR Grace, which mined vermiculite asbestos and made insulation from it, for years.

In 2009, the area where Libby is, some 50 miles from the US-Canada border, was declared a public health emergency, but that was 10 years after federal regulators initially responded to concerns over asbestos dust that came from a WR Grace vermiculite mine. The insulation was used in millions of US homes.

To date, the cleanup has cost at least $447 million, and it will continue, with between 80 and 100 properties remaining to be remediated this year and several hundred still waiting for remediation dates.

Meanwhile, Libby remains under a public health emergency declaration issued by then-EPA administrator Lisa Jackson in 2009. Deaths resulting from the WR Grace asbestos exposure will likely continue for decades due to the long latency of asbestos-related diseases. As for the mine itself, cleanup work has only just begun. WR Grace closed the mine in 1990 and filed bankruptcy, but the mine remains its responsibility. (Associated Press)

Hey Airbus, Fat People in Aisle Seats is No Solution

April 18th, 2013. By AbiK

 

Did you hear the latest? Airbus announced recently that they’ll offer the option of installing wider aisle seats on their A320’s to accommodate heavier, aka fat, fliers. This, in response to all the hullabaloo lately over the notion of charging super-size passengers a premium for airline tickets (The Independent has coined a new moniker for this class: “McPassengers“.)

The plan, which Airbus states is in response to “trends in demographics”, is to offer the Airbus A320 with aisle seats that are two inches wider. Where’s the extra width coming from—as let’s face it, there is finite space to work with in the cabin? Apparently from the center and window seats!

That’ll go over like a fart in church, guaranteed.

Can’t help but recall the image of Steve Martin sitting next to John Candy in “Planes, Trains and Automobiles” (see clip above). Granted, Candy gives new meaning to ‘passenger from hell’—but still.

At any rate, let’s play this out. Assume an airplane with wider aisle seats—to be sold to wider passengers at a premium. A “normal” sized person purchases the center or window seat, sans premium. All I need to say to exemplify that this will not be an ideal scenario is one word: bathroom.

Forget about your seating comfort during 95% of the flight when you’re sitting there, still undoubtedly scrunched or your personal space infringed upon—and it will be, as adding two inches—go ahead right now and look at a ruler—will not accommodate a mass amount of additional girth. Forget all about that. Think about the 5% of in-flight time that center- and window-seat passengers will have to get up to either relieve themselves or relieve their aching backs, thereby making the aisle-seat passenger get up—or necessitating an ungraceful attempt to maneuver around him or her. This will not make for good “how was your flight?” customer satisfaction scores.

It’s just sheet common sense.

Of course, there are other angles to this. Is it discrimination to steal from the thin and give to the fat without discounting the thin’s ticket price? Initial reports on this don’t indicate that there would be such discounts. Only that the wider seats would be sold at a higher price.

Then, will there be weigh-ins? Or something that measures body dimensions in such a way as to ensure that only heavier people will have access to those wider aisle seats? Or, could thinner people purchase those seats at a premium to ensure they aren’t going to be squished in-flight? And, if so, what if all the aisle seats are taken up and a fat person wants that seat—does the thinner person get bumped? or moved to first-class for the inconvenience?

Wider aisle seats at the expense of thinner individuals’ seat width is not the market segmentation solution here. It disregards the classic “don’t make your issue my issue” maxim of harmonious human coexistence. And that’s never a good thing at a cruising altitude of 30,000 feet.

Asbestos News Roundup: 4.11.13 – Surgeon General’s Asbestos Statement

April 11th, 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.

No Safe Level of Asbestos Exposure – Surgeon General Issues Statement

On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure. In short, the message is that there is no safe level of asbestos exposure.

In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”

Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.

Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.

The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:

Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).

Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.

Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.

Asbestos Lawsuits

Charleston, WV: Wayne Junior Rider, who was diagnosed with an asbestos related lung injury on January 28, 2012, has filed an asbestos lawsuit naming 55 companies he alleges are responsible for his illness.

In his lawsuit, Rider claims the defendants exposed him to asbestos and/or asbestos-containing products during his employment at various work sites in and around West Virginia from 1944 until 1980.

Rider is suing the defendants based upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Rider’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 55 defendants in the suit include: 3M Company; A.C.F. Industries; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; CBS Corporation; Certainteed Corporation; and Cleaver-Brooks Company, Inc. (wvrecord.com)

Jefferson County, TX: Ann Skelton, the recent widow of Robert Skelton, has filed an asbestos lawsuit naming E.I. DuPont De Nemours as the defendant. In her lawsuit, Skelton claims the company exposed her late husband to asbestos throughout the course of his career, and that exposure subsequently led to the illness which caused his death.

According to the lawsuit, DuPont employed Robert at its Beaumont Works facility, where he was exposed to asbestos containing products.

The lawsuit alleges that as a result, he developed lung cancer, “from which he died a painful and terrible death on February 6, 2013.”

The defendant is accused of using benzene products without warning workers of the health risks and failing to take proper safety precautions. Skelton alleges the defendant acted with malice, entitling her to exemplary damages. (setexasrecord.com)

FitFlops Flop: Class Action Filed Over Flip Flops Gym

April 10th, 2013. By AbiK

Seriously. If a pair of flip flops has a “gym built in”, can a Jimmy Choo’s diet be far behind? (No, actually—as a quick glance at Jimmy Choo advertising makes it clear they know what business they’re in, and what a pair of stilettos can and cannot do.)

Rhetorical questions aside, first there was the Reebok Toning Shoes class action lawsuit. That one settled for $25M. Then there was Skechers Shape-Ups. That one settled for $45M. And THEN there was New Balance Toning Shoes, which settled for $2.3M.

They say three’s a charm, and I’m sure the lawyers representing FitFlop customer, Barbara Glaberson, 70, of Ventnor, NJ, are well aware that they’ve got footwear trends (at least legally speaking) on their side with three toning shoe defendants having to settle for millions.

According to an article at Philly.com, Glaberson purchased a pair of bronze Walkstar FitFlops sandals for $60 at Nordstrom’s in the spring of 2010. And guess what? After wearing the sandals, she found they didn’t make her fit.

Well, according to one of Glaberson’s lawyers, Timothy G. Blood, a partner in Blood, Hurst & O’Reardon L.L.P. in California, Glaberson “…thought it would be great to get more out of just walking around. They did nothing for her, and she felt like she had been ripped off.”

Gullible though she may have been, when you consider that FitFlops were advertised as “the flip flop with the gym built in” and that they retail at a higher price point, surely they sound like they must do more for you than your average pair of Havaianas, coming in at around $20 retail—and certainly more than the “2 for $5” Old Navy flip flops. Right? Granted, Havaianas and Old Navy flip flops make a better fashion statement, but fashion be damned where there’s calf toning to be had for $60.

So, fast-forward, Glaberson has filed a class action lawsuit, v. FitFlop USA L.L.C., claiming that the FitFlops Walkstar sandals did not, apparently, come with a gym built-in. Nor, I’m guessing, any Nautilus equipment. Nor a treadmill. And they didn’t make her more fit. (On the flip side—no pun—it’s important to note that Glaberson is not claiming physical injury, which had been an aspect of some of the other toning shoe lawsuits that preceded this; she is merely alleging consumer fraud.)

We’ll have to see where this one nets out, but it’s one to watch. As Philly.com points out, both sides have legal representation with some serious klout. On Glaberson’s side, there’s Blood and his partners who have worked with the FTC on the Reebok EasyTone Settlement for $25M. On FitFlops side, there’s William S. Ohlemeyer, a partner with Boies, Schiller & Flexner L.L.P.—the firm that represented Al Gore in the post-election debacle over the outcome of the 2000 presidential race. Stay tuned…

Keeping Your Private Parts Private Online

April 9th, 2013. By Hunter West

There is little doubt the evolution of communication towards electronic or social platforms such as email, Facebook, LinkedIn and Twitter has effectively taken over our lives. Social networking, while great for reconnecting with long-lost friends or career networking, can also carry substantial risk–and often the fallout is nothing short of devastating.

While figures are not yet available for 2012, The Wall Street Journal (WSJ 3/15/12) reported last year that incidents of identity theft increased 13 percent in 2011 over the same period the year before. That translates to 12 million Americans.

What’s worse, it can take, on average some 30 hours and about $500 to resolve online identity fraud, according to TransUnion, a credit-reporting firm.

Think of it. 30 hours represents almost an entire week’s worth of lost productivity – so the financial costs can be even higher. And beyond examples of simple identity theft, are cases that are far more complex and damaging, for which legal representation is often necessary.

As our use of smart communications technology and social media increases, it’s useful to be aware of who is at risk for identity theft: 7 percent of smartphone owners were victims of identity theft in 2011, and are considered one-third more likely to fall prey to identity theft than the general population.

The reason, is that smartphones are actually mini-computers–but users tend not to protect their smartphones with passwords and other security features, as they would their PCs or laptops. According to a recent survey, 62 percent of smartphone users fail to use a password to access their home screen.

You might be surprised to know that according to a survey conducted by Javelin Strategy & Research, the business social network LinkedIn had the highest identity-theft rate at ten percent, vs. five percent for the general population. The rate for Google+ users was 7 percent, 6.3 percent for Twitter and 5.7 percent amongst users Facebook. Note that these figures are all about a year old and are probably much higher today. Facebook, says Javelin, is probably the lowest due to the availability and awareness of those much-maligned but highly effective privacy settings.

On the other end of the scale, LinkedIn is probably high because users perceive LinkedIn as a business platform and take fewer precautions, given an assumption you are connecting with like-minded business people rather than spammers, or worse.

And here is another sobering thought–you will recall that large security breaches involving Sony, Epsilon and RSA together with several government entities in 2011 represented a whopping 67 percent increase over the same period in 2010.

Ways you can protect yourself include keeping your antivirus software updated on all devices, the consistent use of strong passwords (featuring a mix of letters, numbers and symbols), and the use of different passwords for each account. And avoid storing personal information on a mobile device. All it takes is the laying down of your Blackberry or iPhone for a split second in a crowded venue and suddenly, it’s gone – with all your personal information along for the ride.

Even emails can get you in trouble, by inadvertently hitting ‘Reply all’ instead of just ‘reply.’ In so doing you may have sent sensitive, hurtful or even libelous information out to the masses.

There is little doubt that electronic communication and social networking are here to stay, as is the growing e-commerce. Protecting your identity is of paramount importance.