Asbestos News Roundup: 8.5.11

August 5th, 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: The widow of Thomas F. Turek Sr., who was diagnosed with lung cancer and on May 3, 2010, he subsequently died due to his lung cancer on June 17, 2010, has filed an asbestos lawsuit naming 60 companies as defendants. Carol Sue Turek claims the companies are responsible for her husband’s death and is alleging 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 lawsuit claims that Mr Turek Sr. was employed by the defendants from 1965 until 1986 and was exposed to asbestos during the employment. The lawsuit also states that he had previously smoked cigarettes from 1960 until 2000, but then quit. Mrs. Turek claims the defendants failed to keep her husband protected from the asbestos he was exposed to through the course of his work.

The 60 companies named as the defendants in the lawsuit are: A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allegheny Energy Service Corporation; Beazer East, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Erie City Iron Works; FB Wright Company; Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps; Honeywell international, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; J.H. France Refractories, Inc.; Joy Technologies, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Monongahela Power Company; NACCO Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Ownes-Illinois, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Saint-Gobain Abrasives, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell-Dressier International Corporation; Tasco Insulations, Inc.; the Gage Company; the Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Yale Materials Handling Corporation; and Zurn Industries, Inc. (wvrecord.com) 

Charleston, WV: The daughter of Frederick Lee Dotson, who died from lung cancer two days following his diagnosis on July 8, 2009, is suing 81 companies in her asbestos lawsuit, claiming they are responsible for her father’s lung cancer and death.

In her lawsuit Gina M. Pastors, Dotson’s daughter, alleges that while her father was employed by the defendants as a laborer, from 1955 until 1977, he was exposed to asbestos. The defendants are being sued upon 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 81 defendants named in the lawsuit are: A.O. Smith Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; Aurora Pump Company; Baltimore Aircoil Company; Beazer East, Inc.; Bechtel Corporation; Brand Insulations, Inc.; BW IP, Inc.; Catalytic Construction Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Consolidated Aluminum Corporation; Crane Co.; Crown Cork & Seal USA, Inc.; Dravo Corporation; Eaton Electrical, Inc.; EI DuPont de Nemours & Co.; F.B. Wright Company; Flour Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; Fluor Enterprises, Inc.; FMC Corporation; Fosceo, Inc.; Foster Wheeler Energy Corporation; General Electric Company; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell International; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nagle Pumps; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company, and its division Ferro Engineering; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corp.; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power Inc.; Rockwell Automations, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA) LLC; Sunbeam Corporation; Surface Combustion Industries, Inc.; Tasco Insulations, Inc.; The Alliance Machine Company; The Dow Chemical Company; The Manitowoc Company, Inc.; The William Powell Company; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; WT/HRC Corporation/Whiting Corporation; Yarway Corporation; and Zurn Industries, LLC. (Wvrecord.com)

Asbestos Settlements

Beloit, WI: According to the City Manager for Beloit, a $270,000 settlement has been unanimously approved by the Common council, ending a lawsuit brought by a man who purchased a former Beloit public works facility from the city only to find that it contained asbestos.

According to a report on WTAQ, Dan Langone’s company bought the building in 1998, having been assured by the city that the building had been cleared of asbestos. But Langone said he found asbestos in the structure a decade later, so in 2009 he sued the city, claiming that city officials had not adequately addressed the problems with the building.

City manager Larry Arft said the Common Council unanimously approved a settlement of the lawsuit this week. (WTAQ.com)

Prescription Hell: When Curing Your Ill Causes More Ills

August 4th, 2011. By AbiK

True Story: I saw a comment from a reader here at LawyersandSettlements.com who had gone to the doctor to get some help for his acne. While there, the doctor noticed that this guy’s hair was starting to thin. Long story short, the guy walked out of the doctor’s office with a prescription for Propecia. He now claims he suffers sexual side effects (like erectile dysfunction and impotence). Oh, and btw, he still had his acne.

It got me thinking…

I’m not a glass-half-empty type, but it’s easy to see how, with prescription drugs, one can envision a worst-case-scenario downward spiral of things—especially given the potential side effects with some drugs that are on the market.

So then I started thinking, what if…

What if a guy goes to the doctor for acne. What could happen based on which drugs he’s been prescribed and what the side effects of those drugs could be? The graphic above depicts “The Snake Pit” (classic movie if you haven’t seen it) version of taking prescription upon prescription. A modern day Dante’s “Inferno”. Only in this little vignette, no one emerges from hell in their attempt to mitigate (via new prescriptions) the snowball effect of increasingly negative side effects.

Here’s how this plays out.

(Note, yes, it’s hypothetical, assumes various doctors/specialists involved, and yes, assumes worst case and/or rare scenarios…but still, it could happen. And before you get on me for Accutane being off the market, the drug isotretinoin is still alive and kicking…)

A guy goes to the doctor for acne. He’s given Accutane (isotretinoin). A possible side effect of Accutane is Inflammatory Bowel Disease (IBD). To treat the IBD, he’s given Cipro (antibiotic) and Prednisone (corticosteroid). Cipro has been linked to tendon rupture. Reported, though rare, side effects of Prednisone can include high blood pressure and osteoporosis. Assuming his luck is nil, he experiences these side effects and is given Lisinopril (ACE inhibitor) to combat the high blood pressure, and Fosamax to help combat the osteoporosis.

As we know, Lisinopril has been linked to liver damage (or worse, liver failure). And Fosamax has been under fire for femur fractures. Which, outside of pain meds—which have their own set of side effects—requires another form of medical intervention (surgery). So we come to a “STOP” on that path.

But between the Accutane and the Lisinopril, he begins to experience some hair loss as well—a rare side effect of both drugs, and he’s Mr. Unlucky. So next up, Propecia. Propecia side effects include sexual dyfunction. And he finds himself having some “issues” on the love-making front. Well, there’s a drug for that—Viagra! But let’s face it, between hair loss, sexual dysfunction, a broken thigh bone, a ruptured tendon, high blood pressure and some bowel problems, is it any wonder this guy’s now depressed? So, it’s time for some SSRI’s—like Prozac. And Prozac’s been linked to suicidal behavior.

And, with that, I guess it’s another “STOP”.

Poll Results: Should States Legalize Marijuana?

August 2nd, 2011. By AbiK

We’ve just closed our poll asking whether states should legalize marijuana for medical use. And the results are interesting, as they seem to indicate that public opinion may be shifting a bit in favor of legalization.

Now, admittedly, you could argue that LawyersandSettlements.com readers might somehow inherently represent a group that’s more open to the idea of legal pot. But as of the close of our poll, the results based on 301 respondents are as follows:

Yes, Legalize Medical Marijuana:                    75%  (N=226)

No, Do Not Legalize Medical Marijuana          25%  (N=75)

The reason for saying that public opinion might be shifting a bit is that when we took a look at the same question asked over at Urtak.com a while back, the results were not as clear cut as they appear to be here. At the time, only 55% of respondents at Urtak.com felt that medical marijuana should be legalized.

For those who are keeping track, there are currently 16 states (and Washington DC) in which medical marijuana is legal: Alaska, Arizona, California, Colorado, Washington DC, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

Additionally, according to MedicalMarijuana.ProCon.org, there are 10 states that have pending medical marijuana legislation: Alabama, Connecticut, Idaho, Illinois, Massachusetts, New Hampshire, New York, North Carolina, Ohio and Pennsylvania.

Cholesterol Drug and Cardiomyopathy – Why didn’t Anyone Tell me?

August 1st, 2011. By Hunter West

I have just been put on a statin because my cholesterol is too high. Apparently my doctor says, at 54, I am at a high risk for heart attack and stroke.

Nice. This, in spite of the fact I have no history of heart disease in my family, I have never smoked, I have exercised semi-regularly and have always watched my weight.

Okay, maybe I haven’t been watching what I eat. I like my steaks and prime rib like everybody else. Butter on popcorn, if you please. And perhaps, on occasion, a beer or two, too many.

And okay, while never an exercise demon I was always a fairly active guy. Rode my bike to work. In the late 90’s I took up walking for health, and to lose a few pounds. Then in 2002 I took up running. I ran a half-marathon in under two hours. And I trained for a full marathon (although I never completed the actual race). I got myself down to my high school weight of 129.

But for the past five years I haven’t done a lot, due to work commitments. Is that the reason for my current troubles? Can five years of inactivity cancel out 40 years of fairly active living?

I guess…

So now I’m on low-dose Aspirin once a day, to thin the blood out. And now, as of last night, I’m on a statin to reduce my bad cholesterol.

Overall, statins are considered good things. And not all statins are created equal. Thankfully, I’m not on Zocor, or Vytorin. I’m on another one. But at 10mg, I’m on the highest dose Read the rest of this entry »

Wells Fargo Mortgage Fine: Largest Ever & No Wrongdoing

July 29th, 2011. By Hunter West

Well, it’s a big one.

Wells Fargo—the fourth largest bank in the country in terms of assets—was assessed the largest fine ever issued by the US Federal Reserve (The Fed) for allegedly pushing borrowers into more expensive mortgages, and in so doing helping to foster the sub-prime mortgage mess.

These were borrowers with good credit and cash flow, and could have easily qualified for conventional mortgages at prime, according to a report yesterday in CNN Money.

Instead, they were allegedly nudged into mortgage products that would have proved more expensive in the end. Wells Fargo Financial, a subsidiary that closed last year, was also accused of pushing through loan applications that would otherwise not have qualified due to income restrictions. It is alleged that the income information was ‘doctored.’

We say ‘alleged,’ because even though Wells Fargo agreed to pay the largest fine ever handed out by The Fed—$85 million—the banking juggernaut was not required to admit to any wrongdoing.

In fact, Wells Fargo explained in a statement that the alleged wrongdoing occurred at the hands of a few ne’er do well former employees, and that such conduct is not within the mandate or policy of Wells Fargo.

That’s like parents claiming they are not responsible for the actions of their children.

Come on…

And what does that say about ethics in the banking industry?

I was doing a story on personal finance some years ago and a banking executive was very frank in her assessment of the lengths some banks will go to get loans on the books—in other words, generate business for the bank.

To paraphrase:

“If you come in looking to borrow, say, $15,000 to buy a new truck and the loans officer realizes that you have the cash flow that would accommodate $25,000—you’re going to be pushed to borrow that $25,000. It will be a polite push. But it will be a firm push, and a push just the same. All you want is fifteen grand.

“But the bank seems to know what’s better for you, than you do.”

That interview took place around 1991 or so—20 years ago.

So look what that policy got us into (and I’m not picking on Wells Fargo here, this applies to everyone…)

It was the banks that helped fuel the sub-prime mortgage meltdown by pushing people into more expensive mortgages beyond their comfort zones (or their financial contingencies). It was the banks or their agents that allegedly doctored income statements. The stories of individuals who qualified for a mortgage without the capacity to confirm their income at all are legend, and the stuff of modern financial folklore.

The bank is supposed to say, ‘whoa…wait a minute…you may not be in a position to afford that truck, or that big house. C’mon now, take a good hard look at your finances. You have to dial your expectations back a notch.’

But no. The opposite proved true. Or, at least in one case, the opposite is alleged to have proven true. Wells Fargo will pay $85 million in fines, plus compensate up to 10,000 borrowers to the tune of between $1,000 and $20,000 apiece.

They can afford it. Earlier this week Wells Fargo reported $3.9 billion in net income for Q2 from revenues totaling in excess of $20 billion.

An $85 million fine? Millions more to compensate victims?

That’s nuthin’…

What’s something, is that they didn’t have to admit they (allegedly) screwed up…