Asbestos News Roundup: 2.10.12

February 10th, 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.

Asbestos Lawsuits

St. Louis, MO: Four new asbestos lawsuits were filed in St. Louis recently. Specifically, Louise Della-Croce is suing 16 defendant corporations; Kathleen A. Kelly filed an asbestos lawsuit against 39 defendant corporations; Khachick Khodadadi filed a lawsuit against 15 defendant corporations; and Raymond Pitrucha Jr. and Rhonda Marsh of Missouri filed an asbestos lawsuit against 18 companies.

In her asbestos lawsuit, Louise Della-Croce accuses the 16 defendant corporations of causing the asbestos illness and related death of her late husband, Albert Della-Croce. In her lawsuit she claims that Albert developed asbestos mesothelioma following his exposure to asbestos-containing products throughout his career.

While the lawsuit does not indicate where Della-Croce resides, it does state that that he worked as a farmhand, driver, refrigeration pipefitter and laborer in Colorado and California. The lawsuit also claims that as a result of his asbestos-related disease he became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, he has been prevented from pursuing his normal course of employment and, as a result, has lost large sums of money that would have accrued to him.

In her four-count complaint, Louise Della-Croce is seeking actual and compensatory damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus other relief the court deems just.

In the second of the four asbestos lawsuits recently brought, Kathleen Kelly alleges her mother, Anna Marie Kelly, developed mesothelioma after she worked as a receptionist, ranch worker, laborer and clerical worker at various locations from 1976 until 1992. Kathleen also claims her mother was secondarily exposed to asbestos fibers through her ex-husband, Thomas Tegro, who worked as a laborer from 1976 until 1983.

Ms. Kelly states in her lawsuit that as a result of her mother’s asbestos-related disease her mother became disabled and disfigured, which in turn caused medical costs, great physical pain and mental anguish. Further, Mrs. Kelly was prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her.

In her four-count complaint, Kathleen Kelly is seeking punitive and exemplary damages of more than $50,000 and actual and compensatory damages of more than $50,000.

The third lawsuit, filed by Khachick Khodadadi, alleges she personally developed asbestos mesothelioma after she worked as an accounting and financial analysis advisor from 1969 until now. Khodadadi alleges the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her safety. The lawsuit also claims that as a result of her asbestos-related disease Khodadadi became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, she has been prevented from pursuing her normal course of employment and, as a result, has lost large sums of money that would have accrued to her.

In her four-count complaint, Khodadadi is seeking actual and compensatory damages of more than $50,000 and punitive and exemplary damages of more than $50,000.

In the fourth lawsuit, Pitrucha and Marsh allege their recently deceased father, Raymond Pitrucha Sr., developed lung cancer after his exposure to asbestos products throughout his career as a laborer, drywaller and sheetrocker from 1960 until the 1990s throughout several midwestern states.

The lawsuit claims 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. As a result of his asbestos-related diseases, Raymond Pitrucha Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Further, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

Because of Raymond Pitrucha Sr.’s death, his family has incurred funeral costs and been deprived of his support and society.

In their four-count complaint, Raymond Pitrucha Jr. and Marsh are seeking actual and compensatory damages of more than $125,000 and punitive and exemplary damages of more than $50,000 and punitive damages in an amount sufficient to deter Ferris Kimball from performing similar acts in the future, plus costs and other relief the court deems just. (madisonrecord.com)

Extended Warranty: Do you Need it? What if a Repair Claim is Denied?

February 7th, 2012. By AbiK

It’s become the all-familiar conversation as you pay for that washing machine, HDTV, smart phone or even a set of luggage— “Would you like to purchase the extended warranty on this? It covers blah blah blah blah just in case blah blah blah…” Chances are, as if by rote, you shake your head to indicate that, no, you don’t want whatever protection plan they’re offering up.

It makes sense, after all, as we’ve been trained for years now by consumer advocacy groups to “just say no” to most extended warranties. It’s become a Pavlovian response. But then why are these protection plans still around if no one is buying them? Clearly some folks must be buying—and the question is, are they the smart ones or are we really doing the smarter thing by passing up what might seem like some extended warranty scam?

The answer is, it depends.

So here are some extended warranty guidelines—things to consider before opting to pay for a protection plan that goes beyond the manufacturer’s initial coverage plan period (and what to do if after you’ve purchased a protection plan you run into a bad faith insurance situation.)

1. Do your homework—research what you’re buying before you buy it.

Reliability Ratings. Find out how reliable the appliance or tech gadget is—does it have a bad track record for repairs? How costly are repairs? Look at how the product is rated at Consumer Reports, for example. Check out reliability reviews on laptops, smart phones, tablets, HDTVs, cameras—all tech gadgets and gizmos–at PC World, CNet or PCMag. Reliability ratings will give you a sense of what kind of repairs, if any, you can typically expect the product needing over the time in which you’ll own it

New May Not Mean Reliable. Keep in mind as well that new generation products–that is, products with new technology or design features–may not have all their bugs and kinks worked out when they launch. In such an instance—if you’re the type who has to have the latest and greatest thing on the market regardless of how much reliability data may be available on it—then an extended warranty may be worth looking into. Or, hold your horses and wait for the next production run in which improvements have been made. And a final note on new tech—if you think you’ll upgrade or switch to a new model within a couple of years anyway, the extended warranty probably isn’t worth it.

2. Look in your wallet—your credit card may protect your purchase, too.

Paying with Plastic can Provide Extended Coverage. Cards such as American Express offer some extended warranty protection with even the basic Green Card. This is how the AMEX extended warranty coverage works:

When you charge the entire cost of a covered product with your American Express® Card, the Extended Warranty will extend the terms of the original manufacturer’s warranty for a period of time equal to the duration of the original manufacturer’s warranty, up to one additional year on warranties of five years or less that are eligible in the U.S.

If you’re not sure how or what might be covered with your credit card, call the customer service number on the back of your AMEX, VISA, MasterCard, Discover, etc. card and ask. You may find that you’ve got extended warranty protection already.

3. Find out what the extended warranty covers.

Read the Extended Warranty to Understand the Terms. Know what you’re paying for and what to expect should your 3-year-old drop your smart phone into the toilet. Some warranties don’t cover all “accidents”. Some only cover a specific set of parts. After reading about the product’s reliability and which parts are most likely to fail, compare that information with what’s covered by the extended warranty.

Understand the coverage period as well—typically, you’ll pay more for a longer coverage period, which at first makes sense. But if you’re not planning on keeping or using the product for a full five years, you probably don’t need a 5-year extended warranty, and you’re better off saving your cash.

4. Follow the 20% rule.

5. If something goes wrong…

Riddle: When is your Sugar Daddy your Daddy, too?

February 6th, 2012. By AbiK

“Sugar Daddy – noun; a well-to-do usually older man who supports or spends lavishly on a mistress, girlfriend, or boyfriend.”

As per Merriam-Webster. And as in, “She’s on the lookout for a new sugar daddy.” That’s the definition—so see if the shoe fits as you read on, then try to answer the riddle: When is your Sugar Daddy your Daddy, too?…

Aside from the natural questions that arise from such an arrangement (e.g., Is Goodman technically romantically involved with his child? Can he be charged with incest should he now have “sexual relations” with Hutchins? Would his biological children be aunts or uncles to any child he might have with Hutchins? If Carroll Goodman (John’s ex-wife) has a birthday party for her son or daughter—will she feel an odd obligation to invite their new sister?), one can’t help but raise a suspicious eyebrow as to the motive here. Why—WHY?—would a man of seemingly healthy mind—allegations of cocaine use aside—want to adopt his 42-year old girlfriend? And, of course, that leads us to the backstory…

In 2010, Goodman was in a car accident for which was he charged with DUI—or more specifically, DUI manslaughter, vehicular homicide and leaving the scene of an accident. The manslaughter and homicide parts come from the nature of the accident—Goodman  allegedly blew through a stop sign and ran into another car.  Scott Patrick Wilson was in that other car and he tragically lost his life as a result. (Wilson’s parents have filed a civil suit).

Goodman goes to trial on March 6 for those criminal charges—and he stands to get up to 30 years in prison if he’s convicted. The civil trial is set for March 27.

But a funny thing happened on the way to the trial: Goodman adopted a daughter!

Yes—Five…months…before…his…trial. Raise that eyebrow and turn your glance to the money trail.

It’s a little tricky, but Goodman had apparently set up a trust for his two minor children. If the Wilson’s were to win their civil suit, they would not be able to touch the money in the trust. But Goodman could lose a substantial amount of money he has that’s not in trust—and if so, he’d be unable to touch the money that’s in trust for his kids because that money is reportedly tied up until the kids are 35 years of age.

Ahh…but if he adopts a 42-year old—since she’s over 35—and she goes on the trust as well, then she can access one-third of that money which would mean HE can access that money, too! “Genius!” he must’ve thought. (Wonder if he thought about how much he might be pissing off his real kids once they get a drift of the situation…)

And that’s what has the legal world abuzz right now—is this a surefire move to ‘beat the system’? Will it work? Will the adoption hold up in court as legit?

And does it even matter given that the court of public opinion has basically already lambasted Goodman and his apparently integrity-lacking girlfriend? If it was a ‘genious’ legal move—which has yet to be seen—it was a disastrous PR move—a young man dead as a result of alleged DUI, two young children pulled into some weird financial and familial threesome…

It’s a riddle for sure. But the answer to “When is your Sugar Daddy your Daddy, too?” is…

Clearly, when it’s John Goodman.

Asbestos News Roundup: 2.2.12

February 2nd, 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.

Asbestos Lawsuits

Charleston, WV: A couple from Ohio has filed an asbestos lawsuit naming 62 companies as defendants. The Sheltons claim the companies are responsible for Mr. Larry E. Shelton’s mesothelioma diagnosis.

Larry E. Shelton was diagnosed with asbestos mesothelioma on November 18, 2011. In his lawsuit, Shelton alleges he was exposed to asbestos during his career as a bricklayer, laborer and roofer between 1964 and 1993.

Shelton claims the defendants knew or should have known of the dangers of associated with asbestos exposure and that the defendants failed to warn him of those dangers.

According to the lawsuit, the defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

The 62 companies named as defendants are: 3M Company; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; Amdura Corporation; Atlas Turner, Inc.; Bucyrus International, Inc.; Bechtel Corporation; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Elliott Company; Flowserve FSD Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps, Inc.; Hercules, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; NACCO Materials Handling Group, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pettibone/Traverse Lift, LLC; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Sunbeam Corporation; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; and Yale Materials Handling Corporation. (wvrecord.com)

Charleston, WV: George L. Rawson Sr, and his wife are suing 80 companies they claim are responsible for Mr. Rawson’s lung cancer diagnosis.

Rawson Sr. was diagnosed with asbestos-related lung cancer on January 15, 2010, according to the lawsuit. Rawson alleges that between 1964 and 1997 he was exposed to asbestos through his work as a laborer.

The defendant companies are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.

The 80 companies named as defendants are: A.W. Chesterton Company, Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Bridge Company; Armstrong International, Inc.; Aurora Pump Company; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Fairmont Supply Company; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Geo. V. Hamilton, Inc.; Gordon Gasket & Packing Co.; Goulds Pumps; Graybar Electric Company, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Honeywell, Inc.; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; Mallinckrodt; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; The Gage Company; The Rust Engineering Company; The Sager Corporation; The William Powell Company; Thiem Corp.; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: Sixty companies have been named as defendants in an asbestos lawsuit filed by the widow of the late Jimmy Dale Phillips. In her lawsuit, Barbara Phillips claims the defendants are responsible for Read the rest of this entry »

Top 10 Drugs with Heart Side Effects on LawyersandSettlements.com

January 31st, 2012. By AbiK

In recognition of American Heart Month, which kicks off tomorrow (Feb. 1st), and National Wear Red Day (Feb. 3rd), LawyersandSettlements.com takes a look at our most-viewed drug lawsuit topics for 2011 in which heart attack or heart side effects were the alleged primary injuries.

Unfortunately, while a lot of focus this month will be on the positive measures we all can take to improve heart health—and that’s certainly important—it can be easy to overlook the negative heart side effects some drugs can have—and attention should be given to those as well.

As the chart at left depicts, Actos, Paxil and Zoloft accounted for the majority of 2011 traffic related to heart side effects, with Actos receiving the most at 25 percent. The Type 2 diabetes drug was released as an alternative to Avandia, which as you’ll recall came off pharmacy shelves as a result of the new FDA REMS program that became effective in November, 2011. Still, Avandia came in as the fourth most popular heart lawsuit topic. 

Paxil, the popular antidepressant, has been linked to heart birth defects in infants and the drug drove in 18 percent of traffic last year. Ditto Zoloft, which accounted for 10 percent of the pageviews among readers concerned over the potential for heart birth defects. 

The ten prescription drugs on the list fall into four distinct classes: Actos and Avandia are prescribed for the treatment of Type 2 Diabetes; Vytorin helps to control cholesterol, which has a direct impact on heart health; Trasylol is used during surgery to mitigate blood loss; the remaining drugs address depression and anxiety. 

Reader interest in Prozac, Lexapro, Effexor, Celexa, Zoloft and Paxil shows continued concern surrounding pregnant women using selective serotonin reuptake inhibitors (SSRI) drugs and potential heart birth defects.

Here’s the full list: 

Top 10 Drug Lawsuit Topics for Heart Side Effects in 2011 

1. Actos (Pioglitazone HCl)
2. Paxil (Paroxetine)*
3. Zoloft (Sertraline)*
4. Avandia (Rosiglitazone)
5. Celexa (Citalopram)*
6. Effexor (Venlafaxine)*
7. Lexapro (Escitalopram)*
8. Prozac (Fluoxetine)
9. Trasylol (Aprotinin)
10. Vytorin (Ezetimibe/Simvastatin)

*SNRI (serotonin-norephinephrine reuptake inhibitor) or SSRI (selective serotonin reuptake inhibitors) drugs associated with heart birth defects when taken during pregnancy