Asbestos News Roundup: 8.2.12 – Welder, Pipefitter Asbestos Risk

August 3rd, 2012. 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.

Welders, Construction Workers and Millwrights Asbestos Risk

Many of the materials used in construction, including welding, pipefitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now.

Asbestos Lawsuits

 Charleston, WV: Lillian Reilly, the widow of the late James Reilly, is suing 53 companies she claims are responsible for her husband’s lung cancer and death. Mrs. Reilly claims her husband was exposed to asbestos during his employment as a welder and millwright from 1965 until 1997.

James Reilly was diagnosed with lung cancer on September 2, 2011. He died less than a year later on April 27, 2012 according to the lawsuit.

Mrs. Reilly claims the defendants failed to warn her husband about the dangers of asbestos, and that the defendants also failed to supply him with proper apparel to wear while handling asbestos.

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.

Lillian Reilly is seeking a jury trial to resolve all issues involved.  The 53 companies named as defendants are A.W. Chesterton Company; Air & Liquid Systems Corporation; Armstrong International, Inc.; Aurora Pump Company; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve U.S., Inc. f/k/a Durco International, Inc.; Flowserve U.S., Inc. f/k/a Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; Howden North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc. (WVRecord)

Charleston, WV: Daphene Y. Steele has filed an asbestos lawsuit against 41 companies she claims are responsible for her husband’s lung cancer and death.

On December 22, 2010, William Y. Steele was diagnosed with lung cancer. He died from the disease on November 21, 2011, according to the lawsuit.

Mrs. Steele claims he was exposed to asbestos during his employment as a laborer and coal miner from 1965 until 1991. She further claims that the defendants failed to warn her husband about the dangers of asbestos, and also failed to supply him with proper apparel to wear while handling asbestos.

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 asbestos lawsuit.

Daphene Steele is seeking a jury trial to resolve all issues involved. The 41 companies named as defendants are 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Maremont Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Pneumo Abex Corporation; Protective Treatments, Inc.; Rapid American Corporation; Riley Stoker Corporation; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; and Vimasco Corporation.

Charleston, WV: A couple from Kentucky has filed an asbestos lawsuit naming 54 companies they claim are responsible for Randy Carson Fields’ asbestos lung cancer diagnosis.

Mr. Fields was diagnosed with lung cancer, according to the lawsuit, on September 29, 2011. Fields claims he was exposed to asbestos during his employment at various mining and coal companies from 1963 until 1987.

The lawsuit alleges the defendants failed to warn Mr. Fields about the dangers of asbestos, and that they failed to supply him with proper apparel to wear while handling asbestos.

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.

Fields and his wife, Mabel Lou Fields, are seeking a jury trial to resolve all issues involved. The 54 companies named as defendants are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve U.S., Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; Goulds Pumps; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; Joy Technologies, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sears, Roebuck And Co.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc; The Goodyear Tire & Rubber, Co.; Uniroyal, Inc.; United Conveyor Corporation; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (WVRecord)

Asbestos Settlements

New Castle, DE:  A Delaware jury has awarded a $2.86 million verdict to the family of Michael Galliher, who died from asbestos mesothelioma. The lawsuit was filed against RT Vanderbilt In re Asbestos Litigation Michael Galliher, No. 10C-10-315 (Del. Super. Ct., New Castle City.). The settlement is the largest asbestos verdict against a single defendant in Delaware in over a decade.

Michael Galliher, of Mansfield, Ohio, was diagnosed with pleural mesothelioma in August 2010. He died months later on February 3, 2011 at the age of 62. While working at Crane Plumbing Fixtures Factory for nearly 40 years, Galliher used a talc powder contaminated with asbestos fibers to dust large molds of sinks, bathtubs and other ceramic fixtures. The asbestos fibers came from a mine in Gouverneur, NY, owned and operated by RT Vanderbilt Company, Inc.

Expert testimony during the trial linked Galliher’s exposure to talc dust containing asbestos fibers. RT Vanderbilt did not list the proper safety warning on the talc powder.

“The magnitude of Mr. Galliher’s exposure is immeasurable,” said the attorney representing Galliher. “Like many Americans, he worked hard his entire life so he could enjoy retirement with his grandchildren. Instead, it caused him to be exposed to asbestos and develop a deadly cancer.”

Six years before his death, Galliher retired to spend more time with his grandchildren, family members said. His three local grandchildren would visit him and his wife almost daily. He taught them how to garden and play baseball. He would also take them on regular trips to a local lake or mushroom hunting. He passed away just two weeks shy of his 33^rd wedding anniversary.

Founded in 1916, RT Vanderbilt is a mining and manufacturing company that sells more than sixty categories of minerals and chemicals used in over 800 products in industries including the rubber, plastic, petroleum, ceramic, cosmetic, and household products industries.

The verdict applies 100 percent liability to the company. (PR Newswire)

Sue Like A Lady: Skinnygirl Margarita Class Action Moves Forward

July 30th, 2012. By AbiK

That Skinnygirl class action lawsuit—the one about the much lusted-after ready-to-drink Skinnygirl Margarita—is moving ahead. The class action alleges false and misleading claims over the inclusion of sodium benzoate—a chemical preservative—as an ingredient while Skinnygirl manufacturer, Beam Inc. (which acquired Skinnygirl Cocktails from founder Bethenny Frankel) advertised the cocktail as “all natural”.

According to Skinnygirl class action (Case 1:11-cv-05149-NLH-KMW filed in U.S. District Court, District of NJ) court documents, plaintiffs Maureen Stewart and Kelly Lamicella took umbrage with Skinnygirl’s assertion that it’s a “healthy alternative to other commercial margarita products currently available”.

To some, there would seem to be a bit of incongruency—that someone concerned about “healthy alternatives” would have no issue slinging back what’s essentially a shot of tequila hiding out in some agave nectar, lime juice and triple sec. It does sort of beg the question of what’s worse on the system?—an onslaught of tequila or some sodium benzoate? Ask me in the morning, right?

To be fair, there have been reports indicating that sodium benzoate can become a carcinogen if mixed with some other substances, including vitamin C, which of course would be found in lime juice (and that necessary wedge of lime on the glass rim). And, Whole Foods did drop Skinnygirl Margarita from its stores after finding out sodium benzoate was present in the drink.

But the heart of the issue in the Skinnygirl class action—regardless of health or not—is: does the company falsely advertise its product? Does Skinnygirl Margarita contain all-natural ingredients as advertised, or not?

Beam sought to have the case dismissed based on the the plaintiffs’ allegation of unjust enrichment because the Skinnygirl Margaritas were purchased via a third party—i.e., a liquor store in NJ—not directly from Beam.

A claim of unjust enrichment is typically made when a company allegedly benefits (usually financially) from a false advertising claim. Alleged unjust enrichment is a claim in the current Hebrew National false advertising class action lawsuit—the plaintiffs claim Hebrew National benefitted unjustly by falsely calling their hot dogs “kosher” because the company could then charge a premium price over non-kosher hot dogs.

For the Skinnygirl lawsuit, District Judge Noel Hillman didn’t buy Beam’s motion to dismiss, so the class action’s moving ahead…

What’s Making You Fat? 2 Popular Drugs could be Packing on Pounds (or Worse)

July 29th, 2012. By AbiK

You’re wondering what’s going on, right? It’s not like you’re doing a solo flight with a pint of Häagen-Daz every night before bed or blowing through the Taco Bell drive-thru each day rattling off an order for a couple dozen 99¢ Beefy Nacho Burritos (in a large shopping bag, thanks). But something’s making you gain weight or keep it on…

Indeed, obesity has become what some would call an epidemic. Heck, all you need to do is turn to the media to find words like “diabesity” being used to realize how much obesity—or discussion about it—has infiltrated our lives. But could there must be something else going on?—something other than a big food orgy that most of us didn’t even know we were attending?

Perhaps. That something could be a vicious cycle you’re in—where, by treating a condition that’s potentially related to weight gain, the treatment you’re on can actually lead to more pounds. Unfortunately for some, the treatment can also lead to harmful drug side effects—which in turn can lead to a drug-related personal injury lawsuit. A vicious cycle, indeed. The following two conditions and treatments are examples of vicious cycles that could be causing weight gain and putting you at risk for some unwanted side effects:

1. Antidepressants are Making You Gain Weight

Somehow it’s easy to link depression to weight gain—it’s that “emotional eating” theory. But treating depression with antidepressants can also lead to weight gain. That’s right—the very drug you might be taking to help you avoid emotional eating might also be causing your weight gain. Paxil, Prozac and Zoloft each have possible weight gain as a side effect (in addition to other serious potential side effects like SSRI birth defects or suicidal thoughts). And it’s estimated that about 25% of those taking an antidepressant will experience some weight gain.

Additionally, atypical antipsychotic medications Zyprexa, Abilify, Risperdal and Seroquel have been linked to rapid (and dangerous) weight gain in children.

2.  Diabetes Medication is Making You Gain Weight

Remember that 70’s Billy Preston song, “Will It Go Round In Circles”? Well, diabetes and treating diabetes have that ‘going around in circles’ thing going on. Unfortunately, being overweight or obese can be a precursor to type 2 diabetes. Once diagnosed, some diabetes patients are put on a thiazolidinedione drug such as Actos. One of the more common side effects of Actos can be weight gain—the very thing that may have contributed to onset of type 2 diabetes in the first place (see it coming full circle?) The Actos labelling info also includes “rapid weight gain” as a possible serious side effect which requires immediate medical attention.

Weight gain may be the least of the worries for Actos side effects, though. Actos has also been associated with bladder cancer, heart failure and liver problems.

As always, before stopping any medication, or when noticing any concerning side effects, talk to your doctor.

Asbestos News Roundup: 7.26.12 – Bricklayer, Construction Worker Asbestos Risk

July 26th, 2012. 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.

Bricklayers and Construction Worker Asbestos Risk

Many of the materials used in the construction industry contained, or in some cases still contain asbestos. In fact, by the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

In the 1960-70s the general public was not aware of the dangers of asbestos, and so millions of men and women likely worked on or around construction asbestos without any protection.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos construction lawsuits we are seeing now.

Asbestos Lawsuits

Jefferson County, TX: On July 17, Julie Verret, daughter of the late John Verret, who died of lung cancer on July 27, 2011, filed an asbestos lawsuit against her father’s long-time employer, Texaco. The lawsuit claims the oil company negligently exposed Verret to asbestos which led to his cancer diagnosis.

Verret worked at a Texaco facility in Port Arthur as bricklayer and operator from 1968 to 1992, the lawsuit claims. It was during his employment that was allegedly exposed to asbestos dust and fibers. The lawsuit claims Texaco negligently exposed Verret to asbestos and as a result, he contracted asbestos-related lung cancer. The lawsuit includes a medical report stating that Verret was a smoker. Julie Verret is seeking wrongful death damages. (setexasrecord.com)

New Orleans, LA: Donald Thomas has filed an asbestos lawsuit against American Standard and 40 other defendants alleging they are responsible for his exposure to large amounts of asbestos through manufacturing, selling, designing, supplying, distributing, mining, milling, re-labeling, reselling, processing, applying and installing asbestos and asbestos containing materials.

In his lawsuit, Thomas claims his occupational exposure has resulted in his lung cancer and asbestosis. He asserts he did not know of the dangers of asbestos until one year before his diagnosis. The defendants are accused of creating hazardous and deadly conditions in which the plaintiff was exposed to large amounts of asbestos fibers. (louisianarecord.com)

Asbestos Settlements

Sunriver, OR: A lawsuit filed by Sunriver Owners Association (SROA) against the United States has been settled with the government’s payment of almost $500,000 to cover the cost of investigation and remediation of asbestos-containing material discovered in the soil near the association’s former amphitheater and sledding hill.

The July 2010 lawsuit filed by SROA alleged that asbestos contamination existed on six acres of a 22-acre parcel that, in the 1940s, was part of Camp Abbot, a U.S. Army Corps of Engineers training camp. According to SROA, beginning in 1944, the United States demolished most of the Camp Abbot buildings; many had floor tiles, siding, insulation and other construction materials that contained asbestos. These materials were abandoned on site when the United States left the property. The community of Sunriver was developed on the former Camp Abbot grounds beginning in 1968.

SROA first discovered the asbestos debris in 2002 and worked with the Oregon Department of Environmental Quality (DEQ) to investigate the extent of contamination and develop a remedy to prevent any contact with the contaminated soil. In 2010, SROA’s members approved construction of the Sunriver Homeowners Aquatic & Recreation Center (SHARC) on the 22-acre site. The center functions as a cap over the contaminated soil. SHARC opened earlier this summer to great success. Had it not been constructed, SROA would have been required to spend an estimated $3.2 million to remove all of the asbestos-contaminated soil.

Attorneys David Blount and Jennifer Gates at Landye Bennett Blumstein LLP in Portland represented SROA in the lawsuit against the United States. According to Gates, “While it appeared from the beginning that the United States might be the source of the asbestos, with assistance from a military architectural historian, archaeologist and aerial photo expert, we were able to convince the United States that it bore most, if not all responsibility.”

SHARC received an Oregon Brownfields Award earlier this year. The awards recognize individuals and groups who worked together to transform contaminated sites into productive uses.

According to DEQ, a brownfield is “a real property where expansion or redevelopment is complicated by actual or perceived environmental contamination.” Hugh Palcic, SROA’s assistant general manager also won the 2012 Oregon Brownfields Unsung Hero Award for his work guiding the project from investigation to completion.

“We are pleased this dispute has been resolved fairly and that the United States accepted responsibility,” said SROA General Manager Bill Peck. “Our homeowners were able to recoup almost all of the costs of dealing with the asbestos contamination. Sunriver developed a beautiful new recreation facility, the environmental hazards of the site were remediated, and the cleanup cost was reduced by more than $2.5 million.” (businesswire.com)

Asbestos Law

Washington, DC: Hubert J. Bell, a project manager who was overseeing removal of asbestos from a former Chrysler factory in Detroit, has been charged by The U.S. attorney’s office with a felony for failing to remove the material safely.

Bell, worked at One Accord Environmental Services Inc. in Detroit, was charged in a criminal complaint with failing to properly remove asbestos, a hazardous material, from a shuttered plant in late 2010 that was part of the Chrysler’s American Motors Corp. subsidiary at 14250 Plymouth Road.

According to an affidavit filed by Environmental Protection Agency Special Agent Michael Pemberton, Bell directed employees to push potentially contaminated water down drains and didn’t use proper procedures to remove asbestos. A cooperating witness told the EPA that asbestos wasn’t being removed properly.

In early 2010, the property and three other properties in Michigan and New York were sold for $2.3 million. The price was a fraction of what Chrysler once sought for the Detroit property that produced helicopters in World War II and turned out millions of appliances. The properties were sold to Mount Clemens-based Manchester Plymouth LLC. (detnews.com)

Got this Kind of Job? You May be Getting Screwed on Overtime Pay

July 24th, 2012. By AbiK

Overtime pay calculations are tricky. And, I’m guessing, most employers can appreciate that especially when those calculations translate to less money being shelled out each pay period. Unfortunately, many employees aren’t fully aware of some considerations that need to go into how overtime pay is based. The following types of work can throw a ringer into overtime pay calculations—and if you’re doing any of these kids of jobs, it may time to double-check how much overtime pay you’ve been taking home.

1. Shift Work. If you’re working various shifts, you may be doing a graveyard shift that pays a higher rate—or, depending on your industry, one shift may pay more than another due to work volumes or time of day. These are referred to as ‘shift premiums’. The basis for your overtime rate should take that into consideration—if it’s not, it could be an overtime pay violation.

2. Non-Discretionary Bonuses. These are bonuses that you might receive based on a quota or some other metric. For example, if you receive safety bonuses based on accident- or injury-free performance, production bonuses based on output or some other measure, attendance bonuses for zero unexcused absences, guaranteed/promised bonuses, profit-sharing bonuses, or bonuses paid as a percentage of earnings—and your overtime pay calculation does not take such into consideration, it may be an overtime pay violation.

3. Paid Commissions or SPIFFs. (SPIFFs are bonuses paid when a salesperson sells a specific product—kind of like when you’re asked if you’d “like some fries with your order”—the more fries an employee sells, the greater bonus he may be entitled to). Commissions can tend vary each month or pay period—but they should be a consideration in how overtime pay is calculated.

4. Piece-Rate Work. If you’re given a monetary incentive to produce over a certain number of units, and that incentive pay is not figured in as part of the basis for your overtime pay calculation, it may be an overtime pay violation.

If you think your overtime pay has been calculated incorrectly and has not taken into consideration any non-discretionary bonus pay, incentive pay or shift premiums, an employment attorney may be able to help.