Asbestos News Roundup: 4.19.12 (Asbestos & Oil Rig Workers, Asbestos Drilling Mud)

April 19th, 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.

Oil Rig Workers, Asbestos Drilling Mud and Asbestos Disease

Drilling mud is widely used in the oil industry, both onshore and offshore, to help cool the drill bit and flush debris from the well hole during drilling. Beginning in the mid-1960s, asbestos was regularly used as an additive for drilling mud in well-drilling operations by the oil industry.

Many oilfield workers may have been exposed to toxic asbestos products without knowing its harmful, and often lethal, effects. For some, their lives may be cut short due to asbestos mud products. Some oilfield workers remember using a flaky white additive that came in 50-pound bags; they mixed this asbestos into the drilling mud without any breathing or safety equipment.

Unknowingly, these workers could also expose their spouses and children to asbestos when they came home from work with asbestos fibers on their clothing. Next week we’ll take a look at second hand asbestos exposure—also known as “take home” asbestos exposure, which affected and continues to affect families of men employed in many different occupations.

Asbestos Lawsuits

Charleston, WV: On March 28, 2010, Glen Roy Jones was diagnosed with asbestosis bilateral, and now he and his wife, Florence Jones, are suing 95 companies they allege are responsible for his diagnosis.

The couple, from Chesapeake, OH, claim in their lawsuit that Mr. Jones was employed by A.C.F. Industries as a laborer, material inspector, fork lift operator, truck driver and storeroom attendant from 1963 until 1986. During that time, the defendants failed to inform Jones of the dangers of being exposed to asbestos, the lawsuit states.

Jones claims the defendants also failed to provide him with safety apparel to wear when working with asbestos and/or asbestos-containing products.

The Jones are suing the defendants based upon 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.

The 95 companies named as defendants in the suit are; 3M Company; A.C.F. Industries, LLC; A.W. Chesterton Company; Ajax Magnethermic Corporation; Amdura Corporation; Derrick Company; Aurora Pump Company; Borg-Warner Corporation; CBS Corporation; Catalytic Construction Company; Caterpiller, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crane Pumps & Systems, Inc.; Crown, Cork & Seal USA, Inc.; Dezurick; Dravo Corporation; Durabla Manufacturing Company; Eaton Corporation; Fairmont Supply Company; F.B. Wright Company; Flowserve Corporation f/k/a the Duriron Company; Flowserve Corporation as Successor-in-Interest to Durametallic Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; Genuine Parts Company; Georgia-Pacific LLC; Geo. V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell LLC; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; I.U. North America, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; FMC Corporation; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; John Crane, Inc.; Kelsey-Hayes Company; Lockheed Martin Corporation; Manitowoc Cranes, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Morgan Engineering, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Navistar, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Peerless Pumps; Pettibone/Traverse Lift, LLC; Pneumo Abex LLC; Premiere Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power, Inc.; Rockwell Automation, Inc.; Roper Pump Company; Ross Brothers Construction Co.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Saint-Gobain Abrasives, Inc.; Schneider Electric; Shell Oil Company; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Swindell Dressler International Corporation; SVI Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; Thiem Corp.; Toyota Material Handling, USA, Inc.; U.B. West Virginia, Inc.; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; Westinghouse Air Brake Division of Trane U.S., Inc.; West Virginia Electric Supply Company; Western Auto Supply Company; Wheelabrator Technologies, Inc.; Yarway Corporation; and Zurn Industries, LLC. (setexasrecord.com)

Jefferson County, TX: The estate of the late Ben Wilkerson has filed a second asbestos lawsuit on his behalf, for a different malignant asbestos-related disease he suffered as a result of his asbestos exposure during his career. Wilkerson worked as a pipefitter and was exposed to asbestos products and asbestos fibers and dust, which caused him to suffer from a non-malignant, asbestos-related disease, according the lawsuit.

Ben Wilkerson had already sued once and received a settlement for his non-malignant asbestos-related disease. The second lawsuit is filed pursuant to Putejovsky v. Rapid American.

In this second lawsuit, the defendants are accused of manufacturing, distributing and using asbestos products without warning workers of the dangers. Wilkinson alleges the defendants acted with malice, entitling her to exemplary damages.

The defendants named in the suit are: A.O. Smith, A.W. Chesterton, Ametek, Bechtel Corp., CBS Corp., Certainteed Corp., Cleaver Brooks, Crane Co., Crown Cork & Seal, D&F Distributing, Dana Companies, Flour Enterprises, Flour Maintenance, General Electric, General Refractories, Georgia Pacific, Gould Pumps, Henry Vogt Machine, Industrial Holdings, Ingersoll Rand, Metropolitan Life Insurance, Pneumo Abex, Riley Power, Sepco, Treco Construction, Union Carbide and Zurn Industries. (wvrecord.com)

Asbestos Law

Springfield, MA: Massachusetts Attorney General Martha Coakley has announced that a Hampden County Grand Jury has indicted 59-year-old Susan Nissenbaum, a Springfield rental owner, who is charged with illegally removing and disposing of asbestos. The indictment was handed down on April 12.

According to investigators, in April 2010 Nissenbaum paid two tenants to remove asbestos siding from her single-family rental property in Springfield, and then store that siding on the property.

The investigators allege that although Nissenbaum was aware that the siding contained asbestos she failed to inform the tenants working for her as to how asbestos needed to be handled and failed to ensure that they had the proper training and equipment to do so.

“We allege that this defendant put her tenants at risk by having them unsafely remove asbestos from the property and failing to warn them of the dangers involved,” says Coakley.

Nissenbaum has been charged with three counts of violating the Mass. Clean Air Act, for her alleged failure to file a notice of asbestos removal with the D.E.P., improper asbestos removal, and improper asbestos storage. (WGGB.com)

Occupy Movement Alive & Well beside Ben & The Boss in Philly

April 19th, 2012. By AbiK

It’s hard to put into words the feeling you get as you walk through Independence Mall in the heart of Philadelphia and reflect upon the fact that you’re not only walking past Ben Franklin’s grave, but also across the very ground that George Washington, Thomas Jefferson, John Adams, Alexander Hamilton and so many others once trod. All in the name of independence. It’s beyond breathtaking—no matter how many times you make the trek.

Right now, however, that hallowed ground holds even more meaning—particularly as 2012 marks the 225th anniversary of the US Constitution and celebratory exhibits fill the National Constitution Center, which sits just opposite Independence Hall where both the Declaration of Independence and the US Constitution were originally signed. Special exhibits in the Center currently include one with personal artifacts from The Boss, himself: “From Asbury Park to the Promised Land – The Life and Music of Bruce Springsteen”. Independence Mall, however, is also where Occupy Philly is stationed. Still. And the significance is surely not lost on anyone.

Most people probably think Occupy Philly, along with all the other Occupiers, simply rolled up their sleeping bags and headed for working toilets at home. Sure, there’d be the die-hards whipping out their MSR Reactor Stove Systems for yet another ramen noodle-based dinner, but the rest of them? Gone, right?

Well, yes—but no.

Turns out the Occupiers don’t like freezing their tails off. Valley Forge this is not, after all. And so after moving to remote locales and continuing to stoke the fires of discontent, they’re back.

As with the pre-winter Occupy movement, it’s hard to find the bullseye issue—sure, it’s about corporate greed, corporate involvement in politics, the mortgage crisis and foreclosures, predatory lending, racial inequality, the economy, unemployment, disproportionate tax burdens—collectively summed up by the symbolic moniker of the masses: the 99%.

But any one of those issues could stand on its own as a cause celebre. And that’s been the challenge for the Occupy movement from the get-go—which issue is so central, so quintessential, that it could serve as the key rallying cry? It’s more or less the philosophical version of “jack of all trades, master of none”. And yet, in its ambiguity, there is indeed clarity—that something is very wrong in this country right now.

On the day that I visited Independence Mall (and Hall), there were only a few Occupiers out on the lawn—that’s them in the picture above (see more pics on our Facebook page). Their main focus: Wells-Fargo, the bank that’s surely seen its name in print a few times on LawyersandSettlements.com. Their primary beef: Wells-Fargo outpaces any other Philadelphia bank when it comes to foreclosures—this, after getting bailed out by the government to the tune of $25 billion.

The group, PHARE (Philadelphians Allied for a Responsible Economy) —from #OccupyPhilly—has flyers circulating that invite you to “Join us in taking Wells Fargo to Trial”: June 13, 2012 at 9:00 a.m., Municipal Court, 1301 Filbert Street” in Philly. If you’re in town, you might want to stop by.

So Occupy Philly is indeed back—along with the peonies and clematis. And much like those perennials, the movement appears ready to keep coming back. But after all, when freedom is calling, don’t we all come back to it?

Monday Minute: Legal News, Lawsuits & Settlements You Might’ve Missed

April 16th, 2012. By AbiK

Kick off the week with Monday Minute—legal news headlines from the past week that you might’ve missed including our weekly Asbestos News column and Week Adjourned—the weekly wrap of top class action lawsuits and settlements.

Find these legal news highlights in the video clip below: Asbestos News Now; class action lawsuit updates for Groupon, Muscle Milk, GameStop and Lay’s Potato Chips as well as updates on Medtronic and J&J Risperdal litigation; what happened at PetSmart that left one dog dead; it’s deja vu: new McDonald’s hot coffee lawsuits; and, in honor of tax day, information on the latest tax scams.

Tribeca Film Festival Must-See: “Off Label” Looks at Big Pharma’s Human Guinea Pigs

April 15th, 2012. By AbiK

If you’re lucky enough to be in New York City later this month, try to make it over to the Tribeca Film Festival for a showing of “Off Label”. The movie, by Michael Palmieri and Donal Mosher, takes a look at America’s drug culture—how drugs are tested, marketed, sold and consumed. And it reveals an oft times less-than-pretty picture of big pharma’s ‘twilight zone’, where drugs are tested by human guinea pigs and the results can be shady at best, devastating at worst.

Just as LawyersandSettlements.com brings you the stories of victims who’ve had their lives irrevocably changed by harmful drug side effects, “Off Label” brings you up close and personal with its subjects’ narratives–and it’s definitely worth seeing. Here are the times & venues where you can catch the film:

4/19 – Thursday, 7:00pm, at AMC Village 7, located at 3rd Ave and 11th St.
4/20 – Friday, 7:30pm, at ClearCinemas Chelsea, located at W 23rd @ 7th and 8th Ave
4/23 – Monday, 10:00pm, at AMC Village 7, located at 3rd Ave and 11th St
4/24 – Tuesday, 3:30pm, at ClearCinemas Chelsea, located W 23rd @ 7th and 8th Ave

PetSmart Accused of Strangling Dog

April 13th, 2012. By AbiK

Suffice to say, something went wrong—very wrong—when Veronica Espinoza and John Benitez brought their English Bulldog to a PetSmart store in Downey, California back in May. It was to be the 4-month-old pup’s first grooming; instead it would be her last. And now there’s a negligence lawsuit in the works.

So what happened?

According to a report from KTLA in Los Angeles, while the dog was being groomed, PetSmart called the dog’s owner to inform him that the dog was spitting up blood and needed the care of a veterinarian. Upon arriving at the PetSmart, the owner found the dog—still being groomed—gasping for air and spitting up blood. The dog was taken to the doctor and shortly afterward died.

From here, things become a bit unclear. It seems that PetSmart had a necropsy done (that would be an autopsy of an animal) at Banfield Pet Hospital and found—or said they found—that the dog had died of natural causes. Not satisfied with that explanation, the dog’s owners chased down the actual report from the necropsy. And they had their veterinarian review it—his take? The dog had been strangled and had lost consciousness at one point—and to make matters worse, it appeared that CPR had been performed resulting in the dog’s trachea being pushed out of line by two inches.

As if that were not bad enough, the dog’s owners claim that when they went to pick up the dog’s remains from Banfield Pet Hospital so that they could make arrangements for the dog to be cremated, the hospital informed them that cremation had already taken place.

Needless to say, PetSmart claims the dog owners’ version of the story is not quite the way things happened. They have issued their condolences over the matter—and apparently offered to issue a check for $2,000 if the dog owners signed an agreement stating they would not take the case further. Instead, they’ve filed a lawsuit—seeking damages of over $25,000.