Asbestos News Roundup: 6.14.12 – Local Asbestos Exposure in Town

June 14th, 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.

Community Asbestos Exposure – Asbestos Around Town

You don’t have to work with asbestos containing products to suffer its effects. It is also possible to suffer asbestos exposure by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.

Perhaps the most famous victims of community contamination in North America are the residents of Libby, Montana, an asbestos-mining town. Vermiculite, which naturally contains asbestos, was mined there between 1923 and 1991. Workers and families of workers who lived in the town sued W.R. Grace, the last company to own the mine. At one point the company reportedly faced 110,000 lawsuits for sickening hundreds of people and contributing to the deaths of 225—allegedly with full knowledge.

Other examples of community exposure include the World Trade Center site after the terrorist attacks of September 11, 2001, and areas prone to damage from natural disasters like Hurricane Katrina. But it doesn’t take a disaster for asbestos exposure to occur locally in your community—our Asbestos Hot Spot Map shows locations across the US in which asbestos has been an issue and, in many instances, asbestos abatement has been needed.

Asbestos Settlements

Los Angeles, CA: The California 2nd District Court of Appeal in Los Angeles has ruled in favor of the wife of a mesothelioma victim who says she is entitled to damages against a manufacturer of asbestos products based on the loss of consortium with her husband.

Frederick Kenney of Fort Jones, CA, sued Tennessee-based auto parts manufacturer Hennessy Industries Inc. and other companies for negligence and products liability based on their use of asbestos products.

Mr. Kenney was diagnosed with mesothelioma in 2011 after being exposed to asbestos during his service in the U.S. Navy in the 1950s and 1960s, and when he later worked as a mechanic. His wife, Sherrell Vanhooser, filed a loss of consortium claim against the same defendants. Mesothelioma is a debilitating, deadly form of cancer caused by asbestos exposure.

In the asbestos lawsuit, attorneys argued that Ms. Vanhooser’s loss of consortium claim should be allowed. However, a Los Angeles County Superior Court judge granted Hennessy’s motion for summary judgment based on the argument that Mr. Kenney and his wife were not married until after Mr. Kenney last was exposed to asbestos.

Earlier this month, a three-judge panel from the 2nd District Court of Appeal ordered the trial court to vacate its order granting summary judgment, after finding that “injury to the spouse in the latent disease context occurs when the illness or its symptoms are discovered or diagnosed, not at the time of the tortious act causing the harm.” The case is Vanhooser v. Hennessey, No. BC-468065, in Los Angeles County Superior Court.

“This is an important ruling that will have far-reaching impact in asbestos litigation, as trial courts across California have been all over the map on this issue,” says Trey Jones, lead counsel for Ms. Vanhooser. “Husbands and wives are greatly impacted when a spouse develops an asbestos-related disease, so this ruling certainly moves them one step closer to justice.”

New York, NY: The lawsuits of two men who alleged a lifetime of working with asbestos led to their developing mesothelioma, a rare cancer that attacks the lining of the lungs have been successfully settled.

The asbestos settlement, consisting of an undisclosed payment said by the firm to be “substantial,” will benefit the families of the men. In a statement issued by attorneys for the plaintiffs, the settlement has come some time after both plaintiffs had already succumbed to lung cancer, with one man showing signs of pleural mesothelioma, a form of cancer closely associated with occupational inhalation of asbestos.

The two men, both long time sheet metal workers, were also Navy veterans. The Navy veterans’ asbestos lawsuits were challenging because although the men served in the Navy and were exposed to asbestos on certain ships or bases, they had no fellow service people who could verify that.

“Our clients, however, also worked at construction sites, and we were eventually able to locate several coworkers who testified to our clients’ presence near people working with asbestos-insulated valves, boilers and gaskets, among other products. They would cut these products and scrape off debris with wire brushes, which, according to the coworkers’ testimony, would send clouds of asbestos into the air. A chain of exposure like this makes for a very strong case,” said lawyers for Weitz & Luxenberg, who represented the plaintiffs. The men’s cases settled in the final days of five-week trial. (marketwatch.com)

CVS Lawsuit: No Sitting Down on the Job!

June 8th, 2012. By AbiK

Well, if the Eagles were to write a lyric for the decision in the CVS cashier seat lawsuit it might be “you can check out anytime you like, but I can never sit.” Or something like that.

Yes, a judge in California has ruled that CVS cashiers don’t have a right to a seat while they’re working the cash register. If you recall, both Wal-Mart and Home Depot were recently hit with similar labor law class action lawsuits—only in those cases it was over chairs for greeters, not cashiers.

In the Home Depot case, the court ruled in favor of the employees who brought the lawsuit; not so with CVS as the job of cashier does not “reasonably permit the use of a seat”. CVS also argued in its defense that they could not maintain the company’s commitment excellent customer service if cashiers were to be sitting down on the job (gives a whole new meaning to that phrase, huh?). I’m not sure what defines “excellent” customer service, but I guess sitting down might make it harder for CVS cashiers to go grab a pack of smokes for a customer or perhaps quickly bag toiletries.

The ‘sit on the job’ CVS lawsuit alleged violations of California’s 2004 Labor Code Private Attorneys General Act (aka the “Sue your Boss” law). The lawsuit was brought by former CVS employee Nykeya Kilby—who, btw, was terminated after working at CVS for eight months. Cause of termination: missing work. But the interesting thing here is that Kilby apparently never requested a chair while employed. Go figure.

So if you’re keeping score, it’s Greeters: 1, Cashiers: 0 —for now.

 

Asbestos News Roundup: 6.7.12 – Auto Mechanic Asbestos Risk

June 7th, 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.

Auto Mechanics Asbestos Disease Risk

Unfortunately, asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. It is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and bevelling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, and this is what happened Gregory Hope, below, who recently filed an asbestos lawsuit.

Asbestos Lawsuits

St. Louis, MO: Gregory C. Hope worked in automotive maintenance, and as an electrician between 1961 and 1979. During that time he alleges in his recently filed asbestos lawsuit, that he was exposed to asbestos fibers, without his knowledge, without appropriate protective clothing and without an understanding of the serious health consequences of asbestos exposure. He has developed mesothelioma and has filed an asbestos lawsuit.

Martin L. Tune alleges he developed lung cancer after his work as a machinist and as an auto mechanic and home repairman from 1963 until 1979.

Kirkland Holcomb has filed an asbestos lawsuit alleging he developed mesothelioma after his work as a draftsman and salesman at various locations from 1965 through 2011.

Robert D. and Rosalina Cousineau have filed an asbestos lawsuit claiming that allege Robert Cousineau developed lung cancer as a result of working as a carpenter, drywaller and construction worker at various locations from 1963 until 2005. (madisonrecord.com)

Asbestos Exposure Now Linked to Heart Disease and Stroke

Manhattan Beach, CA: While the American Cancer Society has linked asbestos exposure to lung cancer as well as mesothelioma, it now appears that asbestos exposure is linked to other serious, life-threatening conditions. According to a new British study, recently published in the Journal of Occupational and Environmental Medicine, people exposed to asbestos had a higher death rate from ischemic heart disease.

The study reviewed records of workers who were exposed to asbestos between 1971 and 2005. Researchers found that those exposed were 63% more likely to die of a stroke, in addition to developing cardiovascular disease.

As a result, experts believe millions of workers and their families may have been exposed to the material. The Centers for Disease Control (CDC) estimate approximately 3,000 people each year are diagnosed with mesothelioma.

The companies that mined, manufactured and sold asbestos, or used it in their products, are liable for the damages caused to those who have developed serious illness like mesothelioma. (digitialjournal.com)

Asbestos Law

Beginning October 1, 2012, asbestos remediation workers in Maryland will be facing a fine five times larger than the maximum amount currently allowed by law for violating any environmental laws relating to asbestos in the state.

Leaders of the Laborers’ Health and Safety Fund of North America (LHSFNA) say this new fine, a maximum of $25,000, is setting a standard all states should follow.

Collected fines will be deposited into the Asbestos Worker Protection Fund, which was created by the new law. The proceeds will be used to increase asbestos outreach and stronger enforcement of asbestos-related environmental laws.

According to recent report published in the LHSFNA June 2012 e-newsletter, many asbestos contractors in Maryland have taken shortcuts with asbestos abatement projects in order to underbid their competition, who may be doing their job correctly.

According to the Centers for Disease Control and Prevention (CDC), “When handled, asbestos can separate into microscopic-size particles that remain in the air and are easily inhaled. Persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer, and mesothelioma.”

Despite laws against its use in construction in the United States, asbestos is still found in many buildings, especially those built from 1935 to the 1970s. (webwire.com)

Asbestos News Roundup: 5.31.12 – Carpenter, Electrician, Plumber Asbestos Risk

May 31st, 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.

Carpenter, Electrician & Plumber Asbestos Mesothelioma Risk

According to a 2009 report in the British Journal of Cancer, and reported by the BBC, carpenters, electricians and plumbers born in the 1940s and working in the UK are at increased risk for asbestos-related lung cancer mesothelioma. The stats are not good — 1 in 17 carpenters will die of the asbestos-related disease, the researchers predicted, and 1 in 50 plumbers and electricians, as well as 1 in 125 construction workers will also become fatally ill.

The researchers interviewed 1,400 healthy people and more than 600 patients with asbestos mesothelioma. The lifetime risk of asbestos-related disease was calculated among workers exposed to asbestos for more than a decade before the age of 30.

While these results do not reflect the incidence in the US, it nevertheless makes the point that men who work in trades such as carpenters, electricians and plumbers are at higher than normal risk for asbestos exposure, illness and related death, due to working with asbestos-containing building materials.

Asbestos Lawsuit

Charleston, WV: Eight separate asbestos lawsuits have been filed in West Virginia, by 14 individuals who all allege they were unknowingly exposed to asbestos through their work. All the plaintiffs have various asbestos-related lung injuries.

James W. Cronin and Margaret Ann Cronin; Paul E. Herstine; Joseph L. Kolakowski and Delores R. Kolakowski; Shirley I. Quinn and David L. Quinn; George P. Schmidt Jr. and Ann S. Schmidt; Tim Watts and Nita Watts; Aubrey L. Woodward and Lydia J. Woodward; and Lawrence C. Yeater, executor of the Estate of Robert R. Yeater, deceased, are the plaintiffs, according to eight lawsuits.

James Cronin, Joseph Kolakowski, Shirley Quinn, George Schmidt, Tim Watts, Aubrey Woodward and Lawrence Yeater were diagnosed with asbestosis and lung cancer and Herstine was diagnosed with asbestosis, all resulting from asbestos exposure.

The asbestos lawsuits claim the defendants caused negligent exposure to asbestos, and failed to warn of Read the rest of this entry »

Oscillo Flu Relief Settlement Preliminary Approval: Here’s What To Do

May 26th, 2012. By AbiK

Remember this one? The Oscillo Flu Relief false advertising class action? Or, for those of you who can pronounce it, the Oscillococcinum class action lawsuit…which basically alleged that a couple of homeopathic ingredients and sugar may not actually do a blessed thing (expect perhaps a placebo effect) on curing or diminishing your flu symptoms.

Well, the class action lawsuit was actually against Boiron and it covered more than Oscillo. Now, it’s got a preliminary approval on its settlement. So here we go with the settlement details…

Am I part of the Oscillo Flu Relief Class Action Settlement?

You are if you purchased Oscillococcinum, Children’s Oscillococcinum, Arnicare, Quietude, Camilia, Coldcalm and ‘other products manufactured by Boiron’ between Jan. 1, 2000 and the present. You’re NOT a part of the class for this settlement if you were a California resident whose only purchase of a Boiron product was of Children’s Coldcalm in California after August 31, 2006.

What do I get as part of the Oscillo Flu Relief Class Action Settlement?

As with all class action settlements, the amount each class member receives will be contingent on how many claimants (ie, class members) submit a claim form. However, class members who file timely and valid claims (see below) are eligible to receive up to $100.00 per household.

For this settlement, a settlement fund of $5 million is being set up to pay claims to eligible Class Members, attorneys’ fees and costs, and the notice and claims administration costs. Boiron (the company that makes Oscillo) is also agreeing to make certain changes to the manner in which it advertises the products involved in the class action lawsuit.

What do I have to do now?

Here are your options to…

Submit a Claim: Do not submit a claim here at LawyersandSettlements.com. You can submit your Oscillo claim form at the claims administrator’s website here: http://www.gilardi.com/boironsettlement/FileClaim.

Otherwise, you will need to send in a completed claim form and, if available, proof of purchase of the applicable Boiron products you’ve purchased to the Claims Administrator (address shown below). Your claim must be postmarked no later than 45 days after the date the Court enters the Judgment.

The Court will hold a hearing on August 13, 2012 at 2:30 p.m. at the federal courthouse at 940 Front Street, Courtroom 11, San Diego, CA 92101, to consider final approval of the Boiron settlement, including payment of reasonable attorneys’ fees and costs to Class Counsel related to obtaining the settlement relief, an incentive award to each of the named Plaintiffs, and related issues.

Object to the Settlement: If you want to object to the Oscillo settlement you have to file a written statement with the Court and serve a copy on Class Counsel, Counsel for Defendants and the Claims Administrator, postmarked by July 14, 2012. Instructions for how to object are explained in the detailed notice at www.gilardi.com/boironsettlement.

Exclude yourself from the Settlement: If you do not want to be bound by the settlement, you must send a letter to the Claims Administrator at the address below requesting to be excluded. The letter must be postmarked by July 14, 2012. If you exclude yourself, you cannot receive a benefit from this settlement, but you can sue the manufacturer of the Products for the claims alleged in this lawsuit. If you do not exclude yourself from the settlement or do nothing, you will be bound by the Court’s decisions.

For more information and to obtain a detailed notice, claim form, list of Products, or other documents, visit www.gilardi.com/boironsettlement or call, toll-free, 877-256-3879, or write to Boiron Claims Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.