Posts Tagged ‘ asbestos law ’
Asbestos News Roundup: 5.2.13 – Navy Vets and Asbestos Risk
May 2nd, 2013. 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.
US Navy Veterans at Risk for Asbestos
US Navy Veterans are at high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits, for example. But because asbestos-related disease can take up to 30 years or more to manifest, it is often detected long after men have left the Navy.
The states with the most US Navy Veterans include California, Florida, New York, Texas, Ohio, Michigan, Arizona, Massachusetts, Washington, Maine, Oregon, Arizona, Illinois, Wisconsin, Iowa, Pennsylvania, Montana, Kansas, North Dakota, Hawaii, Nebraska, and Mississippi.
US Navy Veterans are not the only group of workers at high risk for asbestos exposure. Men and women who worked in power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops may also have been exposed to high levels of asbestos.
Asbestos Lawsuits
New Orleans, LA: several corporations are facing an asbestos mesothelioma lawsuit filed by a woman from St. Tammany Parish who alleges each company contributed to her contraction of the asbestos-related disease.
Sharon Laurent filed her asbestos lawsuit against CRS Limited, Eagle Inc., Georgia-Pacific LLC and Taylor Seidenbach in the Orleans Parish Central District Court.
Laurent alleges that due to her household exposure to asbestos containing products manufactured by the defendants she contracted mesothelioma.
The defendants are accused of lack of warning or sufficient and timely warning of the hazards of their products would present on the course of the normal and intended use, lack of safety instructions to eliminate or reduce the health risk associated with the use of their products and failing to inspect products to assure sufficiency and adequacy of warnings and safety precautions.
An unspecified amount is sought for all medical expenses, loss earnings, mental suffering, physical pain and suffering and loss of quality of life. (LAreceord.com)
Asbestos Clean Up
Columbia, MO: Residents of an apartment building in Columbia, who lost everything in a fire that all but consumed the building, have now learned that the fire, clean-up and subsequent rains have triggered a safe level of asbestos in the building to become toxic, said Melissa DeCicco, the marketing manager for Mills Apartments, the St. Louis-based company that owns the complex.
DeCicco said the asbestos has made it dangerous for residents to take back most of their possessions. “Anything of sentimental value, the contractor will try and get back in and have them cleaned for free, but those are the only things that we can really get out,” she said.
None of the residents of the 66 apartments will be able to move back in for a long time, DeCicco said, though how long is unknown. She couldn’t say exactly how many residents were displaced. (columbiamissourian.com)
Asbestos News Roundup: 4.26.13 – Top Risk Jobs for Asbestos Exposure
April 26th, 2013. 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 Exposure—Who’s at Risk?
A $7.5 million asbestos lawsuit settlement was recently awarded to construction worker who developed a highly aggressive cancer after his exposure to asbestos. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.
But construction workers aren’t the only people at high risk for asbestos disease. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:
• Brake repair mechanic
• Carpenter
• Demolition worker
• Dry wall finisher
• Electrician
• Insulation installer
• Miner
• Pipe or steam fitter
• Plumber
• Roofer
• Shipyard worker
• Vermiculite processing plant worker
• Welder
The ATSDR also states that outdoor workers, such as construction workers, landscapers, and excavators might be exposed to naturally occurring asbestos found above the ground through activities that crush asbestos-containing rock or stir up dust in soils that contain asbestos.
Asbestos Lawsuits
New Orleans, LA: Carol Phillips and the Estate of Robert Lee Phillips have filed an asbestos lawsuit against ABB Combustion Engineering Inc., Centerpoint Energy Inc., Associated Electric Cooperative Inc., Nebraska Public Power District, and City of Grand Island in St. John the Baptist District Court.
Mrs. Phillips alleges her husband died from asbestos exposure. He worked for the defendants for various times from 1956 until 1980, and, the lawsuit contends she was exposed, on numerous occasions, to asbestos or asbestos-containing products and inhaled great quantities of asbestos fibers. Phillips developed mesothelioma and subsequently died as a result of his alleged exposure, the lawsuit claims.
The asbestos lawsuit claims negligence and premises liability for failing to provide a safe place to work, failing to inspect, approve, and supervise the work of Philips and his co-workers, failing to provide adequate warnings, physical examinations, safety equipment, ventilation, and breathing apparatus to prevent Phillips from being harmed by exposure to asbestos, failing to comply with the applicable regulations regarding workplace exposure to asbestos, failing to provide adequate safety equipment, and failing to protect Phillips from any asbestos exposure, on the part of the defendants.
Mrs. Phillips is seeking an award of wrongful death and survival damages for physical pain and mental anguish, pain, medical expenses, physical impairment, total disability, loss of earning capacity and wages, expenses for domestic help and nursing care, loss of love and affection, loss of services, medical expenses, funeral expenses, attorney’s fees, interest, and court costs.
Los Angeles, CA: A construction worker who developed a highly aggressive cancer after his exposure to asbestos, has settled pre-trial for $7.5 million. The plaintiff brought his asbestos lawsuit against several of the companies that manufactured the asbestos-containing materials.
The plaintiff was a construction worker in the 1970s and ‘80s, helping install underground water and sewer lines beneath the Sacramento Valley city of Chico. His job involved working with pipes made from a concrete-asbestos compound, which he would cut with a gasoline-powered saw. The cutting generated an enormous amount of cement-asbestos dust, which left the plaintiff covered head to toe by the end of the day. The plaintiff was later diagnosed with pleural mesothelioma, an aggressive form of cancer, also rare except where attributable to asbestos exposure.
The plaintiff filed the lawsuit in the Superior Court of Los Angeles County, seeking damages on a defective product liability action. The plaintiff sought recovery of medical expenses, lost wages, and non-economic recovery. The defendants named were several companies who manufactured, sold or delivered the asbestos-containing pipes the plaintiff worked with, including Parex USA, Westburne Supply, John K. Bice Co., Los Angeles Rubber, Hajoca Corp., Hanson Permanente Cement, Keenan, Properties, J-M Manufacturing, Certainteed Corp., Ferguson Enterprises, Grinnell Corp., Amcord, Ameron International and Calportland.
Asbestos Manufacturer Files for Bankruptcy
On Monday, April 22, 2013, Yarway Corporation filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to papers filed by Yarway with the Bankruptcy Court, the company’s origins go back to 1908 when it started manufacturing pipe clamps, steam traps and valves. The company was privately owned until 1986, when it was sold to Keystone International, Inc. Keystone was purchased by Tyco International Ltd. in 1997.
According to its Declaration, Yarway “allegedly manufactured, distributed and/or sold asbestos-containing products, which ceased entirely by 1988.” The company stopped its manufacturing operations entirely in 2003 when it sold its manufacturing facility to an unrelated third party. Id. Even after the company sold off its manufacturing assets, it remained in existence in order to “defend, process and satisfy asbestos-related claims asserted against it.” These asbestos related claims are the basis for Yarway filing for bankruptcy.
Yarway contends that its bankruptcy filing is the result of the continued flow of asbestos-related claims due to human exposure to the company’s asbestos-containing products. The company places the asbestos claims in two primary categories: (1) claims stemming from exposure to Yarway’s gaskets and packing that was manufactured between the 1920s to the 1970; and (2) claims relating to the manufacture of joint packing consisting of Teflon and asbestos from the 1940s to the 1970s.
Yarway is faced with an enormous amount of asbestos-related litigation. The company contends that it was first named as a defendant in a lawsuit in 1991. In the last five years over 10,000 new asbestos-related claims have been asserted against the company. Since the beginning of Yarway’s fiscal year (October 1, 2012), Yarway has received over 1,000 new asbestos claims. In the past five years, Yarway has paid over $128 million in settlement costs for asbestos claims. That number reached $18 million for this fiscal year alone.
Yarway contends that in 2012 it settled the last of its insurance policies known to provide coverage for asbestos-related claims. The company believes it has no additional insurance coverage for future claims. By filing for bankruptcy, Yarway hopes to “negotiate, obtain approval of, and consummate a plan for reorganization that establishes an appropriately funded trust to provide for the fair and equitable payment of legitimate current and future Yarway asbestos claims …” (MondaqNews.com)
Asbestos News Roundup: 4.18.13 – Asbestos in Schools, Libby Delays
April 18th, 2013. 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.
School Kids at Risk for Asbestos Exposure?
Building materials and insulation such as drywall, floor/ceiling tile, applied fireproofing spray, and piping/boiler insulation used in the construction of schools prior to 1980, frequently contained asbestos.
While undisturbed asbestos materials generally do not pose a health risk to students and teachers, over time they can become hazardous due to deterioration or damage.
If asbestos containing materials are disturbed, (e.g. during the installation, maintenance, or removal process), asbestos fibers may become airborne and pose a health threat to students, teachers and other employees within the schools. Once asbestos fibers are inhaled or swallowed, the risk of getting an asbestos related disease, such as asbestosis or mesothelioma, also increases. Student exposure to asbestos in schools is particularly concerning because once the fibers accumulate in the lungs, the latency period between asbestos exposure and the onset of symptoms can take as long as 20 to 50 years.
The federal government has been regulating the use of asbestos in schools since the 1980′s. Schools now have regulatory requirements and management plans to reduce the risk of potential asbestos exposure for students and teachers. However, until the presence of asbestos in schools is eliminated entirely, many believe it will continue to pose a health risk.
Asbestos Lawsuits
Charleston, WV: William Eugene Miller, from Wheelersburg, Ohio, is suing 60 companies he alleges caused his lung cancer.
Miller was diagnosed with the asbestos-related illness on April 21, 2011. According to his asbestos lawsuit, the defendants exposed Miller to asbestos and/or asbestos-containing products during his employment as a laborer from 1947 until 1995, according to a suit. The defendants are being sued based on 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.
Chicago, IL: A developer renovating a nursing home in uptown Chicago is facing an asbestos lawsuit brought by Attorney General Lisa Madigan. The eight-count lawsuit cites environmental violations related to the faulty removal of asbestos from the nursing home by Somerset Place Realty, the new owner of the property at 5009 N. Sheridan Rd.
Developer Zidan Management Group and general contractor Dubai, Inc., were also named in the lawsuit, which seeks $400,000 in damages ABC7Chicago reported.
“Unfortunately, careless mishandling of this dangerous substance posed a health threat,” Madigan said in a release Wednesday. “This legal action will ensure the workers take appropriate precautions and the contractors effectively clean up the location.”
Both city health inspectors and inspectors with the Illinois Environmental Protection Agency) allegedly saw workers “wearing only paper respirators,” and indicated they “were not dressed properly for asbestos removal,” according to Madigan’s office.
The workers were also “removing pipe insulation, tile and mastic containing asbestos without enclosures and without following the proper wetting procedures,” Madigan’s office said.
Madigan’s complaint against Zidan, Somerset and Dubai alleged “substantial danger to the environment, air pollution, violation of asbestos inspection, emission control and disposal procedures, and violations regarding state and local notification of asbestos removal.” (ABC7chicago.com)
EPA Comes Under Fire for Libby, Montana Cleanup
Billings, MT: The Environmental Protection Agency (EPA) is coming under fire by internal investigators for “years of delays” in completing health studies that are necessary to inform the ongoing cleanup at the infamous asbestos mining town of Libby.
Hundreds of people living in and around Libby have died from asbestos exposure resulting directly from the mining activities of WR Grace, which mined vermiculite asbestos and made insulation from it, for years.
In 2009, the area where Libby is, some 50 miles from the US-Canada border, was declared a public health emergency, but that was 10 years after federal regulators initially responded to concerns over asbestos dust that came from a WR Grace vermiculite mine. The insulation was used in millions of US homes.
To date, the cleanup has cost at least $447 million, and it will continue, with between 80 and 100 properties remaining to be remediated this year and several hundred still waiting for remediation dates.
Meanwhile, Libby remains under a public health emergency declaration issued by then-EPA administrator Lisa Jackson in 2009. Deaths resulting from the WR Grace asbestos exposure will likely continue for decades due to the long latency of asbestos-related diseases. As for the mine itself, cleanup work has only just begun. WR Grace closed the mine in 1990 and filed bankruptcy, but the mine remains its responsibility. (Associated Press)
Asbestos News Roundup: 3.28.13 – Check your Furnace
March 28th, 2013. 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.
Hot Air Furnaces & Asbestos Risk
Hot-air furnaces are a popular way to heat a house. In Canada alone, millions have been sold over the years. However, as one man discovered recently, the older models of these furnaces contain asbestos. While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then, could well still be in operation—they have a lifespan of some 50 years or more. As the gaskets disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it.
Colinet, NewFoundland: A Canadian man who began renovating his house in Colinet, has had a nasty shock. He discovered that a gasket that acts as a heat shield inside his furnace contains asbestos.
Keith Tremblett, who worked as a mechanic for more than 20 years, could easily have replaced the worn-out part, but thankfully, he thought twice about it.
“In the process of taking it apart and doing the repairs, I was looking at the gasket and I was saying, ‘Jeez, I wonder what material that’s made out of, and should I be concerned here with what I’m dealing with?’ ” he recalled.
Instead of taking unnecessary risks, he contacted the furnace manufacturer, Newmac Furnaces. Sure enough, a company representative told Tremblett that given the age of the unit, the gasket likely contained asbestos and should be replaced.
But the fact that the gasket had virtually disintegrated, and likely did contain asbestos, caused Tremblett deep concern. “All I found was remnants of it,” he said. “It’s not even a full sheet anymore. It’s just remnants of the gasket and most of the material, I would have to assume, is either within the duct work or throughout the house.”
If asbestos fibers are released into the air, they can be inhaled and become lodged in the lungs. Over time, that can lead to asbestosis—which impairs lung function, and is incurable—or a number of deadly cancers including asbestos-related lung cancer.
Tremblett was not happy with the way the manufacturer handled his concern–they simply told him to remove the gasket. “I think they handled it truly unprofessionally,” he said. “Their recommendation to me was to wet it down and remove it.”
According to a report by CBCNews, Health Canada banned asbestos use in furnaces in the early 1980s. But they did not issue a recall or even a public warning about the potential danger. For their part, Health Canada says it has regulated the use of asbestos in Canada since the late 1970s, but that no warnings or alerts have been issued on this specific issue (CBCNews.com).
Instead, the agency says the effects of asbestos exposure are well known and available on its website, and urges anyone who suspects their furnace contains asbestos to have it inspected by a qualified technician.
For Keith Tremblett, this response is sorely lacking. He believes Health Canada should take some responsibility.
Three decades later, asbestos is still posing a clear and present danger, and in this incidence, as the lifespan of a furnace is about 50 years, any number of people could have been lethally exposed to asbestos. (CBC.ca)
Uniondale, NY: Over 100 current and former workers at the Nassau Coliseum in Uniondale are alleging they have suffered long-term exposure to the lethal carcinogen which has made them gravely ill. The plaintiffs in the pending asbestos litigation worked in the arena as carpenters and electricians.
According to a report by Newsday, about 140 people have filed notices of claim, the first step towards filing asbestos lawsuits. CBSNews reports that the lawsuits could be consolidated into an asbestos class action, which would seek between $500 million and $1 billion in compensation. The state will inspect the property to establish whether or not asbestos is present and therefore poses a health threat. However, attorneys for the prospective plaintiffs have not waited for the state inspectors to make their pronouncements. An asbestos lawyer representing a collection of the plaintiffs told CBS 2 that bulk samples have been sent to three separate laboratories, all coming back with dangerous levels of asbestos.
The 41-year old stadium has a rich history, having hosted, among others, Elvis, David Bowie and Queen in concert, as well as being used by the National Hockey League. (CBSNewYork/AP)
Asbestos News Roundup: 3.21.13 – California Asbestos Dust
March 21st, 2013. 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 Dust in California Buildings
Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.
According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”
In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.
Asbestos Lawsuits
Charleston, WV: Denise Tate has filed an asbestos lawsuit on behalf of Ervin Dallas Mayes, who was diagnosed with asbestos-related lung cancer in April 2010, and subsequently died on May 5, 2011.
In her asbestos lawsuit, Tate alleges 68 defendants are responsible for her family member’s lung cancer and death.
Tate’s asbestos lawsuit contends that the defendants exposed Mayes to asbestos and/or asbestos-containing products during his employment as a laborer and carpenter from 1955 until 1995, 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.
Certain defendants are also being sued as premise owners and as Mayes’ employers for deliberate intent/intentional tort, according to the lawsuit.
The 68 companies named as defendants include 3M Company; A.W. Chesterton Company; Allied Chemical Corporation; Ashland, Inc.; Aurora Chemical Corporation; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; BW/IP, Inc.; and CBS Corporation.(wvrecord.com)
St. Clair, IL: Leonard and Monica Freed have filed an asbestos lawsuit naming 69 companies as being responsible for Leonard Freed’s diagnosis of asbestos-related lung cancer.
In their lawsuit, the Freeds allege that Mr. Frees was exposed to asbestos-containing products throughout his career. He worked as an apprentice and electrician’s helper for electrical contractor Dan House from 1965 until 1966; for Florida Power and Light from 1967 until 1996; as a helper at the Fort Myers plant from 1967 until 1968; at the Turkey Point Plant in Homestead, FL, from 1968 until 1971; and as an apprentice mechanic, instructor for control specs and senior plant technician from 1971 until 1992.
The Freeds claim that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff. Consequently, Mr. Freed’s resulting asbestos-related disease caused him to become disabled and disfigured, incurred medical costs and suffer great physical pain and mental anguish. Further, the lawsuit states Mr. Freed 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 Freeds are seeking punitive and exemplary damages of more than $150,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish and a judgment of more than $100,000, plus costs and other relief. (madisonrecord.com)
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