Asbestos News Roundup: 8.19.11

August 19th, 2011. 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

Jefferson County, TX: The family of the late James Lee Purks has filed a second asbestos lawsuit, this time naming 18 companies as defendants. While the first lawsuit focused solely on Texaco for allegedly exposing Purks to asbestos, the second lawsuit focuses on the distributors of the asbestos products James Purks worked with. The lawsuit states “As a result of his exposure, James Purks developed an asbestos-related disease, lung cancer, and died on April 20, 2011”

Patricia, Robert, Gary and Bryan Purks filed two lawsuits on behalf of the deceased Mr. James Lee Purks, who worked as a pipefitter at Texaco for 27 years.

Named defendants in the suit are: Amtek, Bechtel, Crown Cork & Seal, D&F Distributing, Dana Companies, Flour Enterprises, Flour Maintenance, Foster Wheeler Constructors, Foster Wheeler Corp., Foster Wheeler Energy, General Electric, Goulds Pumps, Henry Vogt Machine, Ingersoll Rand, Owens Illinois, Riley Power, Union Carbide and Zurn Industries.

The lawsuit alleges the defendants conspired to mine, manufacture and distribute asbestos products without warning workers, such as James Purks, of the dangers. The Purks family is suing for exemplary and punitive damages. (SETexasRecord)

Jefferson County, TX: The children of the late Thaddeus Alpough have filed suit against their father’s former employer, Chevron USA, alleging the company exposed him to asbestos.

Mary Alpough and her siblings filed the lawsuit August. 16 alleging that the late Alpough worked at Chevron’s Port Arthur refinery as a boilermaker helper and pipefitter—occupations that exposed him to asbestos dust and fibers. The lawsuit states “As a result of such exposure, Thaddeus Alpough developed asbestos-related pleural disease, lung cancer and then gastric cancer, for which he died a painful and terrible death on May 7, 2010.”

The Aplough family asbestos lawsuit accuses Chevron of knowing that asbestos products could cause cancer but still chose to expose workers, such as their father.

The Alpough family is suing for punitive and exemplary damages. (SETexasRecord)

Asbestos Settlements

New York, NY: Separate verdicts totaling $32 million and more than $19 million were awarded on August 17 in cases involving individuals who contracted asbestos mesothelimoa after being exposed to asbestos.

In the case of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al., a jury found Crane Co. and Elliott Turbomachinery Co., responsible for the asbestos exposure that led to a U.S. Navy boiler tender’s diagnosis of pleural mesothelioma, an incurable form of cancer.

In returning its verdict, the jury determined that Crane and Elliott acted with a reckless disregard for the safety of others in failing to warn. The jury apportioned 99 percent responsibility to Crane and 1 percent responsibility to Elliott. The award included $16 million in past pain and suffering and $16 million in future pain and suffering to Mr. Dummitt.

In the case of David Konstantin and Ruby Konstantin v. 630 Third Avenue Associates, et al., the jury found Tishman Liquidating Corporation, formerly known as Tishman Realty & Construction, Co., Inc., responsible for Mr. Konstantin developing mesothelioma of the tunica vaginalis, one of the rarest forms of cancer in the world. Like all cases of mesothelioma, this form of the disease is not curable.

The jury found Tishman 76 percent liable and to have acted with reckless disregard for the safety of others. The jury awarded Mr. Konstantin $7 million for past pain and suffering, and $12 million for future pain and suffering. The verdict amount also included $64,832 for past lost wages, and $485,325 for future lost wages.

Both trials lasted nine weeks and were presided over by the Honorable Joan Madden. (digitaljournal.com)

King and Spalding Pro Bono Work Saves Man from Death Row

August 16th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Attorney Alan Dial of King and Spalding in Washington DC…

Attorney Alan Dial: “We believe in Justin’s innocence and…that there was more to it than what was presented at trial.”

An intense six year effort and 9000 hours of pro bono work by the firm of King and Spalding has overturned the capital murder conviction and death sentence for 29-year-old Justin Wolfe, a man whose trial the court ruled was rife with prosecutorial misconduct.

“We were thrilled about that and very excited to have Judge Jackson conduct such a thorough and careful review of the facts and find that the prosecution failed to turn over a lot of information that would have been extremely helpful in presenting a defense in the murder charge presented against Justin at trial,” says trial attorney Alan Dial from King and Spalding in Washington D.C.

Wolfe, who was involved in marijuana distribution ring, was found guilty of killing his supplier in a murder hire plot based on the testimony of a man who later recanted the story he told to police and confessed to committing the murder himself.

A hearing last November found that the state had withheld information that might have precluded Wolfe’s conviction. The arguments put forward at that hearing, says Dial, were the result of long hours and a collaborative effort with University of Virginia law students working on the Innocence Project and the efforts of the Virginia Capital Representation Resource Center.

“As a lawyer, you want to make sure that the rules of engagement are set up so that the process is fair,” says Dial who previously worked as an assistant state prosecutor in Atlanta and San Diego, “particularly when you have someone who has been convicted of capital murder.”

“We believe in Justin’s innocence and wanted to dig into the facts of the case and show the court that there was more to it than what was presented at trial,” he adds.

Wolfe, who has been on death row in Virginia since 2002, was also convicted on charges of drug dealing and will remain in prison.

An appeal by the Commonwealth is possible however, and Dial says King and Spalding will remain on the case. The firm has a long history doing pro bono work and as many as 50 members of the firm were involved in the Wolfe case.

For Dial, apart from overturning Wolfe’s murder conviction, one of the highlights of the case was working with the 12 UVA students involved in the Innocence Project.

“The experience was outstanding” says Dial. “I think this experience gave the students incredible experience. They assisted us in reviewing documents and interviewing witnesses, helping us with some of the research that went into this so it was a real collaborative effort.”

Alan Dial is a partner in the international law firm of King and Spalding. He earned his J.D. at Howard University and focuses his practice on complex civil litigation, white collar criminal litigation and internal investigations. He has experience in pharmaceutical, medical device, healthcare, criminal and civil investigations.

 

 

Asbestos: Safe Enough to Sell, So Long as it Goes to India

August 15th, 2011. By Hunter West

The Canadian government was talking out of both sides of its mouth recently when it decided to reject a recommendation from Health Canada, the Canadian answer to the US Food and Drug Administration (FDA), to add asbestos to the so-called Rotterdam list of dangerous substances.

That’s partly because Canada still mines and exports the stuff. It’s worth about $90 million dollars a year to the economy of Quebec alone. And the Prime Minster said that as long as there are people willing to buy it, Canada would export it.

Well, Stephen Harper has a point. There are countries around the globe—especially India—that consider asbestos to be a cheap and handy commodity for the building trade. If the rest of the world is taking it out of their buildings, they don’t seem to care.

And Canada is not prepared to take a moral stand, as some countries have done, by either placing asbestos on a blacklist, or banning its use altogether. The US hasn’t banned it, either. 

It does serve to illustrate that in the shadow of big business, health often takes a back seat.

Drug companies have for years been doing an end run around safety in the quest for profits and revenue, to the point where they have the FDA—described by some as largely a political entity—largely in their back pocket. The FDA, for its part, has never required a drug or medical device to be completely safe before it is allowed on the market. So long as the benefits outweigh the risks for those to whom the drugs are directed and intended, then all is well.

So long as a drug, or medical device company makes more revenue from a drug than the money they lose defending it, then…well…that’s just good business, isn’t it?

In Canada’s case given the asbestos issue, the reasons why the feds rejected the recommendation from their health regulator are both economic and political.

First, the sudden ending of a $90 million dollar-per-year industry would have a huge impact on the Quebec economy, as well as the country as a whole. Canada, while geographically larger than the US, is sparely populated in comparison.

From the political side, the largely French-speaking Quebec has been waffling over its wish to disenfranchise with Canada and go it alone as an independent, sovereign state since the beginning of time. At the moment, the separation flame has cooled and the government wishes to avoid doing anything that may turn up the heat.

And—the governing Conservative Party is hoping to take Quebec seats away form the New Democratic Party in the next election, which is five years away. The NDP took a whack of seats away from the Bloc Quebecois—a separatist party—this past May, and the governing Conservatives see that as an opportunity.

So let’s do nothing to upset Quebec. So what if Heath Canada urges a ban on asbestos? It comes from Quebec. So asbestos mining stays, and asbestos continues to be exported.

Besides, Health Canada notes that while it can’t say asbestos is safe (nobody can), it does admit to the fact that in its view chrysotile asbestos—which is the stuff that comes from Quebec—is not quite as destructive as other forms of asbestos. Of course, the feds have seized on that point, too.

Here’s the thing. If asbestos is so bad, why has that same Canadian government been removing asbestos from Canada’s Parliament buildings, and from the official residence of the Prime Minister?

The Prime Minister was asked about that very contrast. His response? As long as people are willing to buy it, the government won’t stand in its way.

“This government will not put Canadian industry in a position where it is discriminated against in a market where sale is permitted,” Harper said.

And yet three years ago, the stated in an editorial “Canada is the only Western democracy to have consistently opposed international efforts to regulate the global trade in asbestos. And the government of Canada has done so with shameful political manipulation of science.”

It should be noted that all countries participating in the Rotterdam Convention met June 20^th. Canada has yet to formulate a position on asbestos, and presumably will continue to waffle for at least the next five years.

If someone came up with a way to replace that $90 million dollar windfall every year with something safe and clean, then watch it happen.

If drug companies could make just as much, if not more from drugs that are completely safe, then watch it happen.

But as long as there are lobbyists making sure that drug and medical device manufacturers in their districts are happy and healthy—and as long as there are emerging countries ready and willing to buy a product that carries both health risks for the customer, but also political and economic risks for a government with an eye towards re-election, nothing will happen.

Asbestos will continue to be mined, and exported. Drugs and medical devices will continue to be marketed with risks both known and unknown.

It’s just business. It’s a democracy. It’s civilization. And we’re all so very, very civilized.

Asbestos News Roundup: 8.12.11

August 12th, 2011. 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: Charles W. Davis Jr., is suing 79 companies alleging that they are responsible for his father’s lung cancer and resulting death in July 2009.

On July 24, 2009, Charles W. Davis Sr., was diagnosed with lung cancer on July 24, 2009 and died just four days later, according to the lawsuit.

Charles W. Davis Jr., alleges that the defendant companies exposed his father to asbestos and asbestos-containing products which resulted in his developing lung cancer. Davis Sr., worked at Allied Chemical as an operator and foreman for 34 years, from 1945 to 1979, and it was during this time that he was exposed to asbestos-containing products and fibers.

The 79 defendants are being sued upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, misrepresentation and post-sale duty to warn, according to the suit.

The 79 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; AmChem Products; Armstrong International; Ashland, Inc.; Aurora Pump Company; BW IP, Inc.; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; General Refractories Company; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; Honeywell International, Inc. as successor-in-interest to Semet Solvay; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; Invensys Systems, Inc.; ITT Corporation; J.H. France Refractories; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Rhone-Poulenc, Inc.; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Spirax Sarco, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sundyne Corporation; SVI Corporation; Swindell Dressier International Company; Tasco Insulations, Inc.; The William Powell Company; Tyco Flow Controls Inc.; Union Boiler Company; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pump; West Virginia Electric Supply Company; Yarway Corporation; Zenith Pumps; and Zurn Industries, LLC.

Asbestos Law

Buffalo, NY: Two companies and nine people have been indicted by a federal grand jury for violations of the Clean Air Act that took place during the alleged asbestos removal project at the vacant Kensington towers housing project. Three of the nine people indicted were government inspectors during the time the violations took place.

A press release from the United States Attorney’s Office for Western New York states ” The U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned a 23-count Indictment charging two companies and nine individuals with various federal felony charges relating to the asbestos abatement project conducted at the Kensington Towers apartment complex, 1827 Fillmore Avenue, Buffalo, New York. The companies charged with criminal violations are identified as Johnson Contracting of WNY, Inc. (Johnson Contracting) and JMD Environmental, Inc. (JMD). The individual defendants include Ernest Johnson, 39, and Rai Johnson, 32, both from Buffalo, NY and the President and Supervisor of Johnson Contracting (respectively); Evan Harnden, 42, a supervisor of JMD and Brian Scott, 31, JMD project monitor, both from North Tonawanda; and Henry Hawkins, 41, of Buffalo, NY and Chris Coseglia, 25, of Niagara Falls, NY; also project monitors of JMD.”

Reportedly, the 23 indictments allege the defendants conspired to violate the Clean Air Act and to defraud the United States by (among other things) by failing to conduct proper air sampling, and by creating false visual inspection reports certifying that all asbestos had been removed from the buildings. The companies and individual defendants are also charged with violations of the Clean Air Act based on their roles as project monitors during the final visual inspection process at the buildings and making and using false documents during the course of the asbestos abatement activities including generating false inspection reports stating that all asbestos had been removed from the six towers, when they knew that in fact some asbestos remained on site. (WGRZ.com)

Study Showing Arsenic, Lead in Lip Gloss has us asking: Is your Makeup Safe?

August 8th, 2011. By Hunter West

Insomuch as we are conditioned, in this day and age, to being picky about what we put IN our bodies, we may be falling down in the area of what we put ON our bodies.

Specifically, makeup.

Some women use makeup sparingly. Others don’t use it at all. Then there’s the gal who paints it on so thick, marauding mosquitoes would ultimately fail to find skin to penetrate.

Beauty has as many definitions, as there are individuals. However, beyond the vanity—or lack thereof—that serves as the foundation for makeup use, are the questions about what’s in the stuff.

A Canadian advocacy group known as Environmental Defense (ED) wondered just that. ED tested 49 common items used as makeup in search for the presence and levels of eight heavy metals, including lead and arsenic.

The result? All 49 products tested contained an average of four of the eight metals they were looking for. That’s the average: some had more, others less. But all products were found to contain at least two.

It’s not that manufacturers are deliberately putting heavy metals into makeup. What appears to be happening, however, is that impurities naturally occurring in the basic ingredients used in producing various forms of makeup are finding their way into the finished product.

The tested products were found, overall, to contain trace amounts of heavy metals that fell well below the impurity limits proposed by Health Canada.

But not all…

One of the lip glosses tested contained 110 parts-per-million (ppm) of lead, well above the 10 ppm limit proposed by Health Canada. The same lip gloss also was found to contain 70 ppm of arsenic, compared with a proposed limit of 3 ppm deemed safe for use.

Doctors and health care advocates claim that such high levels of heavy metals could be vastly reduced if manufacturers were motivated.

So, what would motivate them? Defective product lawsuits? What’s the long-term impact of makeup use? And what about those who habitually apply their foundation with a trowel? What is such exposure doing to them?

Does anyone look at the labels, to see what’s in this stuff? Are the labels even up-to-date?

Where is your makeup made? China? The latter republic has a reputation for putting lead into your kid’s toys. Is it in your makeup, too?

Those who never give their makeup a passing thought, need to hear the story of actor Buddy Ebsen, who was the original Tin Man in The Wizard of Oz (shown above in picture).

Ebsen, a young song-and-dance man at the time, assumed the role of the Tin Man after switching places with Ray Bolger—who had originally been cast as the Tin Man but was moved to the role of the Scarecrow instead.

Ebsen recorded the soundtrack and rehearsed all the scenes before filming started in full costume. Strangely, the young and energetic Ebsen began experiencing cramps and shortness of breath, and he was hospitalized.

It was determined that the cause of his illness was the aluminum dust used in his silver make-up. Inhaling the dust into his lungs caused the problem, and he was never able to go back to the role. His replacement, Jack Haley, went on to fame as the beloved Tin Man in the iconic movie—but only after producers switched to a paste makeup so the actor  wouldn’t inhale the aluminum dust, as Ebsen had done.

Ebsen would later say that he suffered from lung issues the rest of his life, following his allergic reaction to inhaling aluminum dust when he was in his twenties.

So…what’s in your makeup? Is it safe? Or is it harming you over the long-term? What are the manufacturers doing about it? What’s their responsibility?

Food for thought, the next time you’re putting on your face…