Posts Tagged ‘ asbestos law ’

Asbestos News Roundup: 1.10.13 – Second Hand Asbestos

January 10th, 2013. By LucyC

This week’s asbestos news roundup includes all the 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.

Second-Hand or Take Home Asbestos Exposure

Recently, it has become apparent that people can be affected by asbestos-caused diseases through secondary or passive exposure.

Also known as second-hand asbestos exposure or “take home” asbestos exposure, passive asbestos exposure refers to exposure to asbestos fibers that become embedded on a person’s clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.

For example, cases of second-hand asbestos exposure were recently reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.

And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.

Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.

Asbestos Lawsuit

Jefferson County, TX: Roger Young, representing the estate of Melissa Young, has filed an asbestos lawsuit alleging Ms. Young was routinely exposed to asbestos due to her father’s employment at area facilities. The lawsuit names Chevron USA and Owens-Illinois as defendants.

According to the lawsuit, Melissa’s father worked as welder at the Chevron refinery, where he was exposed to asbestos. He then brought the asbestos home on his work clothes, exposing his daughter.

The lawsuit alleges Chevron was negligent in exposing workers to asbestos and failing to warn them of the health dangers. Young also claims Owens-Illinois was negligently manufacturing and selling asbestos products, and therefore alleges the defendants acted with malice, entitling him to exemplary damages.

St. Clair County, IL: Michael Dithmart has filed an asbestos lawsuit against 64 defendant corporations which, he alleges caused his recently deceased mother, Pauline Dithmart, to develop lung cancer after her exposure to asbestos-containing products throughout her career. Mrs. Dithmart died September 17, 2011, according the lawsuit states.

According to the lawsuit, Pauline Dithmart worked as a presser at The Garment Company from 1962 until 1970, as a laborer at Northwest Fabric Store in the late 1960s, as a bender at Collis Company from the late 1960s until the early 1970s and as a seed counter at Burpee’s Seed Company from the late 1970s until the early 1980.

The lawsuit also states that Dithmart was also secondarily exposed to asbestos fibers through her husband, Dale Dithmart, who worked as an engineer and fireman in the US Navy from 1944 until 1946, as a farm hand at Tom Anderson’s farm in 1944, as an apprentice machinist and a lathe operator at Climax Engineering company from in 1946, as an apprentice brick mason at Don Herring Construction Company from 1946 until 1950, as a member of the Bricklayers, Masons and Plasters International Union of America from 1946 until 1985, as a brick mason and foreman for Clinton Corn from 1955 until 1982 and as a security officer at Wells Fargo from 1983 until 1989.

According to the lawsuit, 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 her asbestos-related disease, Pauline Dithmart incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her, her son claims.

In his complaint, Michael Dithmart is seeking a judgment of more than $100,000, economic damages of more than $200,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish various defendants for their wrongdoing.

Asbestos Hot Spots

Berea, OH: A criminal investigation has been launched against a small religious school following reports that several dozen teenage students and others volunteered over several weekends to gut a building containing asbestos.

Some of the students involved were as young as 13. They reportedly removed asbestos-filled materials without any protective gear at the former YWCA on Smith Road in Middleburg Heights, said Cleveland Commissioner of Air Quality George Baker, who also works with the Ohio Environmental Protection Agency.

According to Baker, state regulations require that asbestos be removed from a building owner by certified asbestos removal contractors.

Darren Clink, who lives next door to the former YWCA, shot video footage of the illegal removal. The video shows a large cloud of dust dispersing in the air after debris was dropped into a dumpster.

“The entire site was contaminated with asbestos and the people who were doing it were all children,” said Clink. “The kids were loaded with it.”

Sterling Education, the company that oversees the school, runs 35 schools nationwide.

The Ohio EPA began investigating after receiving a complaint in early December, said Ron Fodo, an Ohio EPA criminal investigator who declined further comment because the case was in its early stages.

When regulators visited the site on Dec. 13, they found three dumpsters filled with debris believed to contain asbestos, as well as potentially contaminated material strewn about the property, according to Ohio EPA inspection reports. (wkyc.com)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, lawsuits, Settlement | 3 Comments »

Asbestos News Roundup: 1.3.13 – Hurricane Sandy Cleanup & Asbestos

January 3rd, 2013. By LucyC

This week’s asbestos news roundup includes all the 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.

Hurricane Sandy Clean Up & Asbestos Risk

Hurricane Sandy left a path of destruction across many parts of heavily populated areas along the coasts of New Jersey and New York. Some estimates have put the total property destruction due to Hurricane Sandy at $20 billion.

Many of these damaged areas are currently in the process of demolition and rebuilding. Health expert have been warning people to be on the lookout for asbestos containing materials during this process. Many of the buildings damaged by Hurricane Sandy were constructed before the use of asbestos in building materials was banned, so they may contain asbestos in a wide variety of building materials that can be found both inside and outside of the property.

Even the process of drying out one of these damaged buildings can release asbestos fibers into the air. If not conducted properly, the drying process can result in airborne contaminants being spread throughout a property, even into areas not damaged by the storm.

According to the U.S. Environmental Protection Agency (EPA), “Exposure to airborne friable asbestos may result in a potential health risk because persons breathing the air may breathe in asbestos fibers. Continued exposure can increase the amount of fibers that remain in the lung. Fibers embedded in lung tissue over time may cause serious lung diseases including asbestosis, lung cancer, or mesothelioma.”

Consequently, people need to be aware of possible asbestos hazards in their properties. This is especially true for homeowners who are taking on the task of fixing their properties themselves, who may not realize that they may be exposing themselves, their family, or others to dangerous asbestos fibers.

Asbestos Lawsuit

Jefferson County, TX: The executrix of the estate of the late Arlis Hall has filed an asbestos lawsuit naming AMF and 16 other companies as defendants. In her lawsuit, Sherri Hall alleges the defendants negligently exposed her benefactor to asbestos. In addition to punitive damages, the plaintiffs are suing for their mental anguish and loss of companionship.

Specifically, the asbestos lawsuit claims that Arlis Hall was exposed to asbestos products throughout his career working at a refinery. The lawsuit alleges the defendants negligently manufactured, sold and used asbestos containing products despite having actual knowledge of the health hazards associated with the carcinogen.

The other defendants named in the suit include: B&B Engineering & Supply, Bridgestone Americas Tire Operations, Certainteed, Chevron U.S.A., E.I. DuPont De Nemours, Entergy Texas, ExxonMobil, Foster Wheeler Energy, Foster Wheeler USA, Goodyear Tire & Rubber, Guard-Line, Gulf Oil, Huntsman Petrochemical, Texaco, Wyeth Holdings and 4520 Corp. (setexasrecord.com)

Jefferson County, TX: Nelda Humble, the widow of Keltus Humble, has filed an asbestos suit naming Goodrich Corp. and Michelin North America as defendants.

In her complaint, Mrs. Humble claims that Keltus Humble was exposed to asbestos dust and fibers while employed by B.F. Goodrich in Jefferson County. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on Sept. 9, 2012,” the asbestos lawsuit states.

The lawsuit claims the defendants were negligent in their failure to warn employees of the health dangers known to be associated with asbestos. (setexasrecrord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, mesothelioma
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Asbestos News Roundup: 12.27.12 – Welder, Pipefitter Asbestos Risk

December 27th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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 Risk for Welders, Construction Workers and Millwrights

Many of the materials used in construction, including welding, pipefitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now. Just such a situation is currently being reviewed by the Workers’ Compensation Board of West Virginia, as we detail below.

Asbestos Lawsuit

St. Clair County, IL: An asbestos lawsuit naming B.F. Goodrich and Michelin North America as defendants has been filed by the widow of the recently deceased Herbert Carmon.

According to the asbestos lawsuit, Carmon was employed by B.F. Goodrich in Jefferson County, where he was exposed to asbestos dust and fibers. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on July 24, 2011,” the lawsuit states.

The lawsuit accuses the defendants of negligently failing to warn employees of the dangerous of asbestos. Carmon’s widow is suing for exemplary damages. (setexasrecord.com)

Asbestos Workers’ Compensation

Charleston, WV: A decision by the West Virginia Workers’ Compensation Board (WCB) has been overruled by the state Supreme Court, in a case of occupational pneumoconiosis.

In his Workers’ Compensation claim, Jeffrey Murray alleges that as a result of his exposure to dust during his employment with Alcan Rolled Products he now suffers from occupational pneumoconiosis.

A Mr. Merrifield, an industrial hygienist for Alcan, acknowledged the presence of “asbestos, refractory ceramic fibers, and fiberglass” that had the potential of becoming airborne at the plant during the time of Murray’s employment. However, Merrifield claimed the levels of airborne fibers were not at such a level so as to be harmful to Murray after February 13, 1994.

The judges hearing Murray’s case found the data used to back up Merrifield’s assertions did not fully meet the criteria demanded by the applicable state statute. Specifically the judges wrote “there was no sampling data covering the area where Mr. Murray worked when he was employed in the finishing department from February 14, 1994, to March 7, 1994, or when he was employed in the plate department from November 21, 2002, to January 19, 2003.”

The panel of WBC judges also found a “lack of consistency in the time period between sampling conducted in each department” and that these failures triggered a statutory presumption that Murray’s respiratory issues were due to occupational hazards at Alcan.

However, the Board of Review has overruled the Board of Judges, asserting that Alcan was in compliance with OSHA’s dust limits during the times in question and Murray was therefore not entitled to the statutory presumption that his illness was caused by his employment hazards. Specifically, the Supreme Court found fault with both the Board of Judges and the Board of Review. At issue was the amount of time Murray was allegedly exposed to asbestos. They have remanded the case back to the board for proceedings consistent with its opinion. (wvrecord.com)

Asbestos Law

Anchorage, AK: An Alaska company has been fined $70,000 and placed on three years of probation for releasing asbestos into the air in Anchorage.

Chief US District Court Judge Ralph R. Beistline (BISTE’-line) last week also ordered Copper River Campus to hire an environmental consultant to make sure it commits no more violations. Copper River Campus owns and manages buildings used by Copper River Seafoods on East 5th Avenue.

The US Attorney’s Office says the company knew buildings contained dangerous asbestos but ordered them to be demolished or renovated in March 2010.

Inspectors from the Environmental Protection Agency halted the work. Prosecutors say the work put friable chrysotile asbestos, the most common variety, into the air. (insurancejournal.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, lawsuits | 2 Comments »

Asbestos News Roundup: 12.20.12 – Auto Mechanic Asbestos Exposure

December 20th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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.

Auto Mechanics & Asbestos Disease

Auto mechanics are at risk for asbestos-related disease, without being aware of it. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

St. Clair County, IL: 31 companies have been named as defendants in an asbestos lawsuit filed by George Norris. In his complaint, Norris alleges the defendants caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career as a welder at Federal Paper Mill. He worked there from 1956 until 1988.

Norris alleges 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 disease, Norris alleges he has incurred medical costs and suffered great physical pain and mental anguish. 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.

Norris is seeking a judgment of more than $50,000, economic damages of more than $150,000, compensatory damages of more than $150,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish various defendants for their wrongdoing. (madisonrecord.com)

Charleston, WV: Elmer Lee Workman and his wife, Dorsey Workman, have filed an asbestos lawsuit naming 46 companies they claim are responsible for his asbestosis diagnosis.

On November 21, 2010, Mr. Workman was diagnosed with asbestosis. According to his lawsuit Workman was exposed to asbestos between 1939 and 1999, during which time he worked as a laborer and carpenter. From 1943 until 1945, Workman was in the U.S. Navy.

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

The 46 companies named as defendants in the suit are 3M Company; A.C.F. Industries, LLC, successor-in-interest to ACF Industries, Inc.; A.W. Chesterton Company; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as successor-in-interest to Durametallic Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company, Inc.; Geo. V. Hamilton, Inc.; Georgia-Pacific, LLC; Grinnell Corporation; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; John Crane, Inc.; Kenova Box Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Mobile Corporation; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Schneider Electric; Tasco Insulations, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Vimasco Corporation; Weil-McLain Company; and Yarway Corporation. (wvrecord.com)

Charleston, WV: Camden David Hudkins and his wife are suing 67 companies they claim are responsible for Mr. Hudkins’ diagnosis of asbestos mesothelioma.

Mr. Hudkins was an automotive mechanic at Cantrell Motors Ford in Weirton. He also performed residential construction work while employed at Yeonas Development Company in Fairfax, VA, according to his asbestos lawsuit. Hudkins claims he also worked as a laborer/helper at Weirton Steel Mill and performed maintenance and repair work on trucks and equipment for Hudkins’ Timber in Sutton.

Hudkins alleges that while employed in his various occupations, he was exposed to and did inhale asbestos dust and other dust from products of the defendants, which caused his mesothelioma. It was his exposure to asbestos during his working life that resulted in his diagnosis of asbestos-related mesothelioma, he claims in his lawsuit.

The defendants failed to warn Hudkins of the dangers of asbestos when they knew or should have known that exposure would cause disease and injury, according to the suit, and the defendants failed to exercise reasonable care to warn him of the dangers of being exposed to the products.

Hudkins claims the defendant also failed to inform him of what would be safe and sufficient apparel for a person who was exposed to or used asbestos products and failed to inform him of what would be safe, sufficient and proper protective equipment and appliances when using or being exposed to asbestos-containing products.

As a direct and proximate result of the defendants’ negligence, Hudkins suffered and will continue to suffer damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of his life expectancy, according to the lawsuit.

The 67 companies named as defendants in the suit are A.O. Smith Corporation; Agco Corporation; Ajax Magnethermic Corp.; Allied Glove Corp.; American Optical Corporation; Aurora Pump Co.; Beazer East, Inc.; Borg-Warner Morse Tec, Inc.; Cameron International Corporation; CBS Corporation; Cleaver-Brooks, Inc.; Copes Vulcan, Inc.; Crown Cork & Seal Company, Inc.; Dana Companies, LLC; Deere & Company; Dravo Corp.; Eichleay Corp.; F.B. Wright Co.; Fairmont Supply Company; Federal-Mogul Asbestos Personal Injury Trust; FMC Corporation; Ford Motor Company; Foseco, Inc.; the Gage Company; Gardner Denver, Inc.; General Refractories Company; Georgia-Pacific, LLC; Goulds Pumps, Inc.; Grinnell, LLC; Hinchliffe & Keener, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; ITT Corporation; I.U. North America, Inc.; M.S. Jacobs & Associates, Inc.; Mallinckrodt, LLC; McCarls, Inc.; McJunkin Redman Corp.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Minnotte Contracting Corp.; Navistar, Inc.; Oglebay Norton Company; Pfizer, Inc.; Power Piping Co.; Premier Refractories, Inc.; Reading Crane; Riley Power, Inc.; RT Vanderbilt Company, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; the Sager Corp.; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Taco, Inc.; Tasco Insulation, Inc.; Trane US, Inc.; Union Carbide Corporation; Vimasco Corporation; Warren Pumps, LLC; Washington Group International; the William Powell Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 12.13.12 – Home Renovation Asbestos Risk

December 13th, 2012. By LucyC

This week’s asbestos news roundup includes all the 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.

Do-It-Yourself Home Renovation and Asbestos Exposure Risk

With Christmas just around the corner, many people may be considering the gift of a home renovation—large or small— and putting those brand new power tools that arrived as Christmas presents, to good use.

But before you go smashing through walls and ripping out old insulation, piping and wiring—do your homework. Dangers may lurk within the walls, ceilings or floors of your home is older, chances are it contains asbestos.

For example, asbestos siding was commonly used in construction years ago, making older homes a danger zone for asbestos mesothelioma. Like flooring, siding material was covered by asbestos to make it more durable and fire retardant. When these materials are disturbed—ripped off or torn out for example, they release asbestos fibers into the air, which people in immediate proximity then breathe in.

Equally important, when considering renovations, is hiring a reputable contractor who has the appropriate qualifications and licensing to remove asbestos.

Asbestos Settlements

Erie, PA: The family of a former employee at the GM Powertrain facility in the town of Tonawanda, who subsequently died of asbestos disease, has been awarded $3 million by the jury hearing the case.

Gerald Suttner, formerly of Tonawanda, worked at the GM facility repairing vales manufactured by Crane Co. The job involved removing asbestos gaskets, which created asbestos dust Suttner would have inhaled. He did this for 36 years, from 1964 to 1979, when he retired.

Diagnosed in October 2010, Mr. Suttner died just one year later, from pleural mesothelioma, a form of cancer that is caused by asbestos. He was 77.

During the trial, lawyers for the Suttner family called expert witnesses who testified that there is no such thing as safe asbestos exposure and assured the jury that Suttner’s exposure is what led to his diagnosis. The dangers of asbestos have been known since the early 1900s, and they lawyers made the case that Crane was aware of these dangers since the 1930s. “But the company continued to use asbestos well into the late 1980s without placing warnings on its products,” the law firm’s statement reads.

During his retirement, Suttner helped his wife, Joann, care for their disabled daughter, and served as a volunteer for the Shriners Hospital in Erie, PA, driving children to and from the hospital. (tonawandanews.com)

New York, NY: A $4,401,000 verdict has been rendered in an asbestos lawsuit against Ford and Sud Chemie (Southern Talc) in favor of a deceased asbestos mesothelioma victim.

According to media reports, Southern Talc sold talc to Johns Manville for use in Mansville’s asphalt roofing plant. In his lawsuit, the plaintiff alleged that the talc contained asbestos, and it was his exposure to this product that caused him to develop asbestos mesothelioma.(mesotheliomalegalblog.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
Posted in Asbestos Mesothelioma, Settlement | No Comments »