Posts Tagged ‘ asbestos lawsuit ’

Asbestos News Roundup: 2.21.13 – Asbestos in Schools

February 21st, 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.

Asbestos in Schools—Did You Know?

Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.

Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html

Asbestos Lawsuits

Charleston, WV: Thelma Absten has filed an asbestos lawsuit naming 44 companies as defendants responsible for her late husband’s lung cancer and resulting death.

Diagnosed with lung cancer on Jan. 10, 2011, Delmer Absten subsequently died on April 15, according to the lawsuit.

Mrs. Absten alleges her late husband worked as a laborer and carpenter from 1964 to 2003, and it was as a result of this work that he was exposed to asbestos and/or asbestos-containing products. She claims the defendants failed to warn husband of the dangers of asbestos.

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 suit.

The 44 companies named as defendants include 3M Company; A.W. Chesterton Company; Beazer East, Inc.; Certainteed Corporation; Cleaver-Brooks, Inc.; Dravo Corporation; FB Wright Company; FMC Corporation; Foster Wheeler Energy Corporation; and General Electric Company.

Charleston, WV: 55 companies have been named as defendants responsible for the asbestos-related death of Virginia Sue Thompson’s late husband, Lonnie Jay Thompson.

In her lawsuit Mrs. Thompson alleges Mr. Thompson was diagnosed with lung cancer on February 17, 2011, from which he died on October 14, 2011. She further alleges that it was during her late husband’s career as a drywall installer, carpenter and pipefitter (1963 – 1999) that he was exposed to asbestos and/or asbestos-containing products.

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.

The 55 companies named as defendants include: 3M Company; A.C.F. Industries, LLC; Borg-Warner Corporation; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; and Crane Company.

Asbestos Law

San Francisco, CA: The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 schools not in compliance with the federal AHERA in these districts.

During inspections conducted in 2011, EPA inspectors discovered numerous violations, from failing to inspect facilities for asbestos containing materials, failing to re-inspect campuses with known asbestos containing materials, and failing to have an Asbestos Management Plan. All of the school districts have since taken necessary actions to comply with the law, with the cost of compliance reducing the penalties in most cases to zero.

“Asbestos in schools has the potential to harm the health of students, teachers, and maintenance workers,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA takes these violations seriously, and we are satisfied the schools have now conducted inspections and put their asbestos plans in place.”

Each school district is allowed to subtract properly documented costs of complying with the regulations from the penalty amount. The six school districts are:

• Apache Junction Unified School District (Pinal County): fined $21,675, but this was reduced to $7,933 because of the school district’s cost of achieving compliance.

• St. John’s Unified School District (Apache County): fined $14,195, reduced to $824 by the school district’s cost of achieving compliance.

• Florence Unified School District (Pinal County): fined $31,705, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• Vernon Elementary School District (Apache County): fined $2,700, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• McNary Elementary School District (Fort Apache Indian Reservation): fined $14,200, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• Round Valley Unified School District (Apache County): fined $10,100, but no cash payment was due because the documented costs of compliance exceeded the penalty.

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 2/14/13 – How to Prepare for an Asbestos Lawsuit

February 14th, 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.

7 Steps to Prepare to Meet with an Asbestos Lawyer

Were you or someone you loved exposed to asbestos? Do you think you could have an asbestos mesothelioma or asbestos disease claim?

Here are the first things you need to do:

1. Get a clear diagnosis which ideally includes a tissue biopsy; or get a copy of the medical records and diagnostic documents from your loved one’s physicians.

2. Prepare a will. If you, yourself, are a victim of asbestos mesothelioma, it’s best to prepare a will that stipulates which law firm is to represent your case. While no one likes to think of these things, the executor of your will may ultimately need to work with this law firm. Better to identify your law firm rather than risk having multiple lawyers getting involved in the case as a result of various family members seeking to find counsel on your behalf.

3. Write down when and where you believe you or your loved one was exposed to asbestos

4. Write down the name of the company or companies you or your loved one worked for, even if you or your loved one worked as a contractor.

5. Write down the names of fellow workers that knew there may have been asbestos on the job site(s).

6. Contact a lawyer. If you have not already done so, you should meet with an asbestos lawyer and bring all supporting documentation with you.

7. Have the lawyer prepare an affidavit of critical facts for preserving your case.

If you have been diagnosed with asbestos disease, there’s a good chance that your colleagues will also have been exposed. They may even have contacted a lawyer already, and be familiar with the process. If possible, reach out to your former colleagues to find out how they are and what, if anything they may have done or be doing, and if they will support you in your claim.

If you are a spouse of a mesothelioma victim who has recently died from the illness, you and your heirs could have between one to three years from the date of death to file a wrongful death action, which may result in the recovery of substantial monetary damages.

Filing an asbestos claim and recovering damages can help with costs such as medical and funeral expenses. Damages can include:

• Lost income

• Medical expenses

• Pain or suffering

• Loss of love, services and sexual relations from a spouse (also called consortium)

Asbestos News

Billings MT: A panel of scientists have endorsed draft results that find that exposure to even a minute amount of asbestos can lead to lung illnesses such as asbestos mesothelioma and asbestosis. On the heels of this announcement, Federal officials have stated that they expect to have finished a risk study to guide the cleanup of the infamous asbestos mining town called Libby, Montana, by 2014. The document will establish when cleanup work will end at the WR Grace & Co vermiculite mine outside Libby. Hundreds of residents of Libby, and people living nearby the infamous mine, have died from asbestos exposure directly related to the mine. Dozens more people have become ill with asbestos-related disease.

So far, the cleanup, which began in 1999, has cost over $447 million. According to the Associated Press (AP), between 80 and 100 properties in Libby are lined up for cleanup to begin. Cleanup also remains to be done in several hundred properties and that list could grow significantly depending on the outcome of the risk study.

Cleanup work began in Libby after the WR Grace mine closed in 1990. The benchmark used by the Environmental Protection Agency (EPA) in establishing risk for lung illness from asbestos exposure at the site was lung scarring. And importantly, in the report just released, the scientists confirm that the EPA made the right call. That finding could have far reaching implications, possibly affecting dozens of sites across the country that received vermiculite asbestos from the WR Grace mine for processing into home insulation products.

EPA toxicologist Deborah McKean said she did not expect a significant change to the agency’s determination that exceeding extremely low levels of airborne asbestos—0.00002 fibers of the mineral per cubic centimeter—raises the risk of lung-scarring, the AP reported. “She added that final exposure standards won’t be established until additional work is done.

Meanwhile, Libby remains under a novel public health emergency declaration issued in 2009 by EPA administrator Lisa Jackson. Because asbestos disease can take up to 50 years to manifest, the deaths from asbestos exposure at and around the town are expected to continue for decades. (thewesternnews.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma, Libby MT
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Asbestos News Roundup: 2.7.13 – Storm Damage Asbestos Problems

February 7th, 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.

Storm Damage and Asbestos Risk

This week, the US House completed a $60.2 billion aid plan to rebuild communities damaged by Hurricane Sandy. The measure includes $17 billion to meet the immediate needs of Sandy victims in New York, New Jersey and Connecticut, and $33.5 billion for long-term reconstruction.

Hurricane Sandy destroyed or damaged tens of thousands of homes and businesses on the Eastern seaboard when it struck on October 29, 2012. Many of those structures were old enough to contain asbestos, and this poses a significant danger to clean-up and remediation crews, as well as homeowners who may attempt repairs on their own.

The US Environmental Protection Agency (EPA) warns that asbestos may be found in a wide variety of construction items, and states that cleanup at homes and businesses after a natural disaster can cause people to be exposed to asbestos containing materials found in:

• Boiler/pipe insulation

• Fireproofing

• Floor tiles

• Roofing shingles and tiles

• Transite boards used in laboratory tabletops and in acoustic panels in auditoriums, music rooms and phone booths.

Asbestos Settlements

Seattle, WA: An 89-year-old woman has been awarded $1.1 million settlement after a jury agreed that exposure to asbestos from her husband’s work clothes caused her to contract a rare form of cancer that will likely lead to her death.

Phyllis Granville brought the case against 13 defendants, claiming they negligently manufactured and sold floor tiles that were unsafe because they contained asbestos. According to court documents, her husband, Donald Granville, a floor tile installer, was exposed to asbestos from the defendants’ products while at work, which he in turn brought home on his clothes and exposed his wife of 70 years to.

“This was an extraordinarily difficult case to bring to trial, and we are very pleased we were able to provide the Granvilles some measure of financial security while they fight the effects of this horrible disease,” Matthew Bergman, the Granvilles’ attorney, said. “In most cases, mesothelioma victims had direct exposure to asbestos. While the science is clear that people like Donald can bring it home on clothes and transmit it through hugging his wife, or having her wash his clothes, these concepts are much more difficult to illustrate to a jury.”

According to Bergman, the asbestos-related mesothelioma has had a devastating effect on Phyllis, rendering her unable to breathe without oxygen, leaving her homebound. Her physicians expect that the disease, which surrounds and ultimately obliterates the lung, will be fatal.

“I never imagined Donald’s work would ever end up giving me cancer,” said Phyllis. “The manufacturers didn’t warn him about the risk of bringing asbestos home with him. It’s hard enough for us to start battling my mesothelioma, but now Donald is afraid he’s going to contract it too. We’re so thankful Bergman Draper Ladenburg helped us to get the verdict.”

The case was filed with the Seattle King County Court in September 2012, where the case spent four weeks at trial throughout January 2013. After careful deliberation, the jury reached a final verdict of $1.1 million to be paid to Granville and her husband.

According to Bergman, the verdict represents a crucial development in asbestos litigation. “The jury recognized that demonstrable harm has been done to asbestos victims,” said Bergman. “But more importantly, the verdict shows that asbestos exposure has significantly impacted people who were not present at contaminated work sites at all. We believe that the sites had a present imperative to warn their employees about the risk of asbestos contact and also subsequent dispersion.” (fortmilltimes.com)

Asbestos Hot Spots

Redondo Beach, CA: A landmark on the Redondo beach waterfront, instantly recognizable by its octagon shape, is slated for demolition because it contains asbestos. Built on the beach waterfront 34 years ago, the City Council voted to tear it down recently, citing storm damage and corrosive ocean air rendering the building unusable.

The council acted Tuesday night on a recommendation by Public Works Director Michael Witzansky, who reported that the city-owned building, which has been boarded up for years, was in imminent danger of falling down.

The building’s condition worsened significantly after recent wind storms, Witzansky reported. “The wind storms tore off some wood paneling that we had put it place a few years ago and that gave us a look at what was going on inside and it was not good,” he said.

City building inspectors determined that the condition of the building posed significant danger to the public and surrounding structures, he said. The demolition will include disposal of a small amount of asbestos, Witzansky said. “The building will come down quickly, but the removal of the debris will take some time,” he said. The building has been empty for at least eight years. (dailybreeze.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 1.31.13 – Construction Materials & Asbestos Risk

January 31st, 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.

Construction Materials and Asbestos Risk

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.

Asbestos Lawsuits

Jefferson County, TX: Union Pacific Railroad Co, is facing an asbestos lawsuit filed by employees who allege they developed asbestos-related lung disease due to decades’ worth of work-related exposure.

The plaintiffs, Henry J. Buckley, Gilbert A. Curtis, Ronald Morale, Jesse Sasser Jr. and Walter Williams III were employed as track laborers by Union Pacific from various times starting from 1969 to approximately 2012. In their lawsuit, the men claim that during their employment they were exposed to asbestos and asbestos-containing materials and have been diagnosed with an asbestos-related lung disease.

The defendant is accused of negligence for using asbestos-containing materials for decades after Union Pacific became aware of the harmful and/or hazardous nature of these materials; failing to inspect and remove its cars and equipment for the presence of asbestos; failing to warn the plaintiffs regarding the presence of asbestos or of the synergistic effect between smoking and asbestos exposure; failing to properly train the plaintiffs, failing to provide proper respirators or to conduct air monitoring to determine the levels of asbestos; failing to provide comprehensive medical examinations; and failing to medically monitor plaintiffs for asbestos-related conditions.

The plaintiffs are seeking an award of damages for medical expenses, mental anguish, physical pain and suffering, fear of cancer, physical impairment, interest and court costs. (setexasrecord.com)

Baton Rouge, LA: Melvin Toups has filed an asbestos lawsuit against his former employer, Ethyl Corporation, as well as manufacturers Anco Insulations, Inc., Eagle, Inc., Georgia Pacific Corporation, The McCarty Corporation, Reilly-Benton Co., Inc., Taylor-Seindenbach, Inc. and Union Carbide Corporation. Toups alleges he was exposed to the asbestos between the 1950s-70s while he worked as a boiler tender, operator and construction contractor, and it was this asbestos exposure that caused his lung cancer.

According to the lawsuit, each defendant named has allegedly engaged in the mining, processing, manufacturing, installation, maintenance, sale, use and/or distribution of asbestos and asbestos-containing products or machinery requiring or calling for the use of asbestos.

Toups alleges he was exposed to asbestos on numerous occasions and inhaled great quantities of asbestos fibers.

The defendants allegedly failed to warn Toups in a timely and adequate fashion about the dangerous health hazards associated with asbestos exposure. Further, the lawsuit claims the defendants failed to provide Toups with adequate information and reasonably safe and sufficient wearing apparel and proper protective equipment and appliances.

Additionally, the lawsuit states the defendants failed to take reasonable precautions or exercise reasonable care to publish, adopt or enforce a safety plan of handling and installing asbestos; failed to develop and utilize a substance material to eliminate asbestos fibers in the asbestos-containing products; failed to properly design and manufacture asbestos; failed to properly test products; and failed to recall and/remove asbestos-containing products from the stream of commerce.

The plaintiff’s employers and employers’ executive officers and directors are accused of failing to provide and ensure a safe workplace for their employees, failing to inspect, approve and supervise the work of the plaintiff, failing to make health and hygiene decision on any questions regarding the use of respiratory protection devices, failing to provide adequate warnings, physical examinations, safety equipment, ventilation and breathing apparatus, failing to properly hire and train their employees and failing to comply with applicable state and federal regulations regarding workplace asbestos exposure.

Toups alleges Ethyl Corporation specifically negligently failed to disclose, warn or reveal critical medical and safety information regarding asbestos to the plaintiff; failed to remove asbestos hazards from the work place; failed to properly supervise or monitor work areas for compliance with safety regulation; and failed to provide a safe and suitable means of eliminating the amount of asbestos dust in the air.

Toups is alleging negligence, fault, strict liability and willful misconduct of the defendants has resulted in his asbestos-related disease.

Toups is seeking an unspecified amount in damages for physical pain, mental anguish, medical expenses, pharmaceutical expenses, asbestos-related lung cancer, loss of earning capacity, lost earnings, loss of consortium, love affection, services and society and loss of quality of life. (louisianarecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 1.24.13 – Asbestos in Schools

January 24th, 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.

Asbestos Risk in Schools

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 Lawsuit

Charleston, WV: 50 companies have been named as defendants in an asbestos lawsuit filed by Ray Earl Wamsley II who was diagnosed with asbestosis on April 11, 2012. In his lawsuit, Wamsley claims the defendants are responsible for his asbestosis disease.

Specifically, Wamsley alleges the defendants exposed him to asbestos during his employment as a head artist, decorator, pipefitter, painter and electrician’s helper from 1969 until 1993. Wamsley further claims the defendants failed to warn him of the dangers of asbestos.

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, according to the suit. (wvrecord.com)

Charleston, WV: John E. Huxley and his wife, Lucille A. Huxley, have named 134 companies as defendants in their asbestos lawsuit, filed this month. In their lawsuit, they claim the defendants are responsible for Mr.Huxley’s diagnosis of asbestosis and mesothelioma.

Huxley was diagnosed with asbestosis and mesothelioma due to exposure to asbestos while employed at various job sites and locations throughout West Virginia and while his mother was employed at E.I. Du Point De Nemours & Company, according to the lawsuit.

The Huxleys claim the defendants failed to warn Mr. Huxley of the dangers of asbestos and failed to take reasonable precautions to warn him of the dangers. Further, the lawsuit states the defendants failed to place any warnings on the asbestos-containing products to warn handlers of the dangers of the products and failed to warn of the dangers of other ingredients in their products, including silica.

The Huxleys claim the defendants were negligent and caused John Huxley to suffer his lung injuries, shock and other nervous or emotional disorders. (wvrecord.com)

Charleston, WV: Norman T. Dial, who was diagnosed with mesothelioma on October 8, 2012 has filed an asbestos lawsuit, naming 70 companies as defendants responsible for his asbestos disease.

Dial and his wife, Marcia C. Dial, claim the defendants exposed him to asbestos during his employment as a store assistant, laborer, deck hand and operator from 1954 until 1999. The couple also alleges the defendants exposed Mr. Dial to asbestos and/or asbestos-containing fibers during his career and failed to warn him about the dangers.

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 suit.

The lawsuit contends that the defendants’ actions kept the Huxleys and others ignorant of the dangers of asbestos and other products and in this way, the conspirators aided efforts to sell products containing asbestos.(wvrecord.com)

Charleston, WV: Cletis William Adkins and his wife, Lola Lee Adkins are suing 62 companies they claim are responsible for Mr. Adkins diagnosis of asbestos-related lung cancer.

In the lawsuit, Adkins, diagnosed with lung cancer on September 10, 2012, claims the defendants exposed him to asbestos during his employment as a laborer, high lift operator and custodian from 1955 until 1994. Further, the Adkins allege the defendants exposed Cletis Adkins to asbestos and/or asbestos-containing fibers during his career and failed to warn him about the dangers.

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 suit. (wvrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma
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