Posts Tagged ‘ asbestos lawsuit ’

Asbestos News Roundup: 11.15.12 – Asbestos & City Construction

November 15th, 2012. By LucyC

The weekly 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 & City Construction Workers

The Asbestos Disease Awareness Organization (ADAO), an awareness organization founded by asbestos victims and their families in 2004, released a statement this week confirming that workers in Houston, Texas were exposed to asbestos while repairing one of the city’s water mains in 2011.

The statement notes that the Scientific Analytical Institute (SAI) determined that the pipe was composed of 35 percent asbestos (25 percent chrysotile asbestos and 10 percent crocidolite asbestos). According to the workers, they were not informed that the pipe contained asbestos nor given personal protective equipment appropriate for handling asbestos. The workers told ADAO that they were instructed to cut the pipe using a power saw and sledge hammer, which released asbestos into the environment.

Beginning in the 1960s and continuing into the 1980s, cities throughout the U.S. installed millions of miles of asbestos-cement pipes. As these pipes wear over time, they rupture and require repair.

“Cities must ensure that asbestos-cement pipe is handled with utmost caution,” said Dr. Celeste Monforton, senior research associate at George Washington University’s School of Public Health and Health Services. “The serious health harm caused by asbestos exposure is well-known. I was appalled to hear how this known carcinogen was handled in such a frivolous manner in the City of Houston.”

ADAO is urging the City of Houston to (1) identify and make public the location of all water mains containing asbestos-cement pipe; (2) adopt OSHA’s standards of practice for handling asbestos and ensure that all city-contracted projects comply with them; and (3) identify and notify all workers engaged in water main repairs of their potential exposure to asbestos and implement a program to provide long-term medical screening and care for all of them.

Asbestos Lawsuits

St. Clair County, IL: Earl Marshal and his wife Bertha have filed an asbestos lawsuit against 64 defendant corporations, which, they allege are responsible for Earl Marshall’s diagnosis of lung cancer.

In their lawsuit, the Marshalls claim the defendant companies exposed him to asbestos-containing products throughout his career. Earl Marshall worked as a plumber at Hawthorne Racetrack in Cicero, Illinois, from 1963 until 1977; as a cook at Peter Pan Restaurant in Chicago, Illinois, from 1977 until 1978; and as a self-employed construction/demolition worker from 1978 until 1989.

The lawsuit 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, Earl Marshall became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, 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, he claims.

In his six-count complaint, Earl Marshall is seeking a judgment of more than $100,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to prevent the defendants from performing similar conduct in the future, plus other relief the court deems just. (madisonrecord.com)

St. Clair County, IL: Gerald Campbell, recently diagnosed with asbestos-related lung cancer, has filed an asbestos lawsuit seeking damages from 54 defendant corporations.

In his lawsuit, Campbell alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career as a laborer at St. Regis Paper Mill from 1956 until 1957 and as a rigger at Monsanto from 1957 until 1993.

Campbell claims 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, Campbell became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, 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, he claims.

In his five-count complaint, Campbell is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000, economic damages of more than $150,000 and punitive damages in an amount sufficient to prevent the defendants from performing similar conduct in the future, plus other relief the court deems just. (madisonrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 11.8.12 – Asbestos At Work Class Action

November 8th, 2012. By LucyC

The weekly 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 at Work – Who’s Paying for It?

Week after week we report on asbestos lawsuits filed by men and women who have become seriously, if not fatally ill from exposure to the carcinogen throughout their working lives. This week, we came across an employment class action lawsuit filed by employees of a staffing agency who worked with the toxic substance, but also allege they were denied wages by the agency.

Filed October 22, the class action lawsuit states that WMS Solutions, which has offices in Baltimore and Bethesda, has violated state and federal regulations by making employees pay for job-related equipment and training out-of-pocket, and has not paid them for time spent in required training courses.

If you are working around asbestos you should have protective clothing and equipment. If you don’t have protective gear, such as masks, appropriate clothing and gloves, not only are you at serious risk of developing an asbestos related illness, your family and loved ones may suffer take home or second hand asbestos exposure, the consequences of which can also be devastating, as the lawsuits below illustrate all too clearly.

Asbestos Law

Charleston, WV: Mary C. Bowen, widow of the deceased Thomas Jarrett Bowen, has filed an asbestos lawsuit naming 30 companies she claims are responsible for her late husband’s lung cancer and death.

On November 3, 2010, Thomas Jarrett Bowen was diagnosed with lung cancer. He died from the disease on December 5, 2010.

Mrs. Bowen alleges in the lawsuit that her husband was exposed to asbestos and/or asbestos containing products during his employment as a laborer from 1964 until 2001.

Mary Bowen is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Additionally, some of the defendants are also being sued as premise owners and as Thomas Bowen’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 39 companies named as defendants in the suit are A.W. Chesterton Company; Caterpillar, Inc.; CBS Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Corporation; Erie City Iron Works; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation, as successor-in-interest to Durametallic Corporation; FMC Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Howden North America, Inc.; IMO Industries Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Swindell Dressier International Corporation; Tasco Insulations, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: A Paynesville widow has filed an asbestos lawsuit, alleging her husband’s death from asbestos-related disease was caused by exposure to the carcinogen during his working life. She has named 93 companies she asserts are responsible for her husband’s asbestos mesothelioma and subsequent death.

Clyde Junior Blankenship was diagnosed with mesothelioma, from which he died on June 30, the lawsuit states. He worked as a welder and a mine operator from 1974 until 2012.

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.

Certain defendants are also being sued as premise owners and as Clyde Blankenship’s employers for deliberate intent/intentional tort, according to the suit.

The 93 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Adamson Global Technology Corp.; Ajax Magnethermic Corporation; Aladdin Carpet Mills, Inc.; Allied Glove Corporation; Borg-Warner Corporation; Breeding Insulation Company, Inc.; Cabin Craft, Inc.; Caterpillar, Inc.; Certainteed Corporation; Challenge-Cook Bros. of Georgia, Inc.; Chicago Boiler Company; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Continental Steel Tank Company, Inc.; Copes-Vulcan, Inc.; Coronet Industries, Inc.; Crane Co.; Crown Cotton Mills Proprieties, Inc.; Dalton Carpet Finishing Company, Inc.; Dalton Supply Company; Dravo Corporation; E.T. Barwick Industries, Inc.; Eaton Electrical, Inc.; Elite Processing, LLC; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Georgia Pacific Corporation; Goulds Pumps; Grinnell, LLC; Hercules, Inc.; Hobart Brothers; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Lattner Boiler Company; Lincoln Electric Company; Maremont Corporation; McNeil Corporation; Mestek, Inc.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Modern Carpet Industries, Inc.; Mohawk Industries, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Oakfabco, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Shaw Industries, Inc.; Spiraxsarco, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Sunoco, Inc.; Surface Combustion, Inc.; Swindell Dressler International Corporation; Tasco Insulations, Inc; The Dow Chemical Company; The Goodyear Tire & Rubber, Co.; The Sager Corporation; Union Carbide Chemical & Plastics Company; United Conveyor Corporation; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Weil-McLain Company; West Point-Pepperell, Inc.; West Virginia Electric Supply Company; World Carpets, Inc.; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: On August 9, 2012, Paul Everett Beckman Sr. was diagnosed with asbestos mesothelioma. Consequently, Mr. Beckman and his wife have filed an asbestos lawsuit naming 81 companies they claim are responsible for his illness.

In their lawsuit, the Beckmans claim the defendants exposed Mr. Beckman to asbestos during his career as a mechanic and laborer since the 1940s and through his wife, who worked at Owens Illinois Glass Factory, and his father and brother, who were utility workers with Consol Energy.

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. Certain defendants are also being sued as premise owners and as Beckman’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 81 companies named as defendants in the suit are: 3M Company; A.W. Chesterton Company; Airtek, Inc.; Aurora Pump Company; Autozone Stores, Inc.; Beazer East, Inc.; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Consol Energy, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Co. of Pittsburgh; Fairmont Supply Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Georgino Industrial Supply (Pittsburgh), Inc.; Goulds Pumps; Grinnell, LLC; Harvey Hubbell, Inc.; Hercules, Inc.; Honeywell International; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Kelsey-Hayes Company; Lewis-Goetz And Company, Inc.; Maremont Corporation; McJunkin Red Man Corporation; McNeil Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Morgantown-National Supply, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Petroleum Pipe and Supply Company, Inc.; Pettibone/Traverse Lift, LLC; Phillips Corporation; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Ritter Technology LLC; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunray Electric Supply Company; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Conveyor Corporation; United Engineers & Constructors and Washington Groups International; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Unpaid Wages and Asbestos Exposure: Class Action Filed Against WMS Staffing

Bethesda, MD: Employees listed with the WMS staffing agency in Bethesda, who work with asbestos and other toxic materials, have filed an employment class action lawsuit alleging they were victims of “intentional schemes to deny them wages.”

WMS provides temporary staff to work sites and contractors to work in asbestos removal, as well as mold and lead removal, the lawsuit contends.

Filed October 22, the lawsuit contends that WMS Solutions, which has offices in Baltimore and Bethesda, has violated state and federal regulations by making employees pay for job-related equipment and training out-of-pocket, and has not paid them for time spent in required training courses.

Class members are seeking unpaid wages and the costs of training programs, physicals and personal protection equipment that the company is required by law to provide to employees at no cost, the complaint states.

Marvin Blandon, one of the named plaintiffs in the lawsuit and a WMS employee, said that without proper training, he could get sick or bring asbestos home on his clothes to his wife and baby: this type of asbestos exposure is called ‘second hand’ or ‘take home’ asbestos exposure.

“I’ve been forced to pay hundreds of dollars just to make sure I don’t get sick from my work,” Blandon said through a translator. “Specialty training, equipment and trips to the doctor are also required so that I can do my job safely, and my employer should pay for them, not me.”

According to the lawsuit, WMS deducted $110 from Blandon’s wages in 2011, for a Washington, DC, asbestos license fee, and may have made other unauthorized deductions from his wages during his employment with them. Blandon further claims he has paid approximately $300 for annual asbestos refresher course fees, as well as about $32 for a respirator he is required to wear when performing asbestos abatement work.

To date, over 30 WMS workers have joined the asbestos employment class action lawsuit, however hundreds of workers may be affected. (gazette.net)

Tags: Asbestos, asbestos at work, asbestos class action lawsuit, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Special Report – Hurricane Sandy Cleanup & Asbestos Risk

November 1st, 2012. By LucyC

This week, Asbestos News Roundup is publishing a special report on the risk of asbestos exposure following Hurricane Sandy, along with the weekly 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 After Hurricane Sandy

Hurricane Sandy has brought disaster to millions of people in over half a dozen states in the eastern US. Many people either already have, or will soon begin, cleaning up their homes—or sadly, what is left of them. It goes without saying that caution and awareness of potential hazards such as asbestos exposure are extremely important in this type of situation. Among the debris removed after the 2011 tornado in Joplin, Missouri, was 2,600 tons of asbestos. Asbestos is a known carcinogen—it causes cancer—and the diagnoses of asbestos-related illnesses often prove fatal.

The Environmental Protection Agency (EPA), on their website epa.gov, states “Individuals should exercise caution when disturbing building materials to prevent physical injury or other health effects. Building materials may contain hazardous materials such as asbestos that when carried by the air can be breathed in and cause adverse health effects. If it is suspected that asbestos containing materials may be present, they should not be disturbed. Asbestos-containing materials include the following:

• boiler/pipe insulation

• fireproofing

• floor tiles

• asbestos roofing

• transite boards used in laboratory tabletops and in acoustics in auditoriums, music rooms and phone booths

Federal, state and local personnel are often deployed to affected areas to establish debris-management programs, including household hazardous waste collection and disposal programs. These efforts may take days or weeks to come to all communities. In the meantime, EPA urges the public to exercise caution and report concerns to local environmental, health and waste disposal authorities.”

For more complete information on how to deal with environmental cleanups, visit http://www.epa.gov/naturaldisasters/returnhomeadvisory.htm

Asbestos Law

Portland, OR: An Oregon developer has pleaded guilty to charges that he allowed an unlicensed contractor to release asbestos into the air during the demolition of several buildings located in an abandoned sawmill site. The site is located near residential neighborhoods.

Dan Desler, a 68-year old businessman, was sentenced last week in federal court to pay restitution for the cleanup of the demolition of the Sweet Home sawmill. The sentence includes three years of probation and 200 hours of community service.

The EPA declared the old sawmill acreage a Superfund site and subsequently spent $1.6 million cleaning up more than 4 million pounds of asbestos.

According to a report in the Albany Democrat-Herald, Desler was managing trustee of a trust that owned the former Willamette Industries site, which had not been used for years. There were development plans which included upscale and moderately priced housing and a complex or artists, hunters and anglers, all on 400-600 acres. However, development never happened.

The original buildings on the sawmill property were various stages of disrepair, and in 2004 a fire damaged several of the buildings. According to a report on TDN.com, firefighters told state regulators of debris that appeared to contain asbestos, and the Oregon Department of Environmental Quality told Desler about the asbestos. He hired a licensed contractor to abate the asbestos, but work was not completed in any of the undamaged buildings. Desler then hired an unlicensed contractor three years later, who over eight months tore down, crushed and even chipped asbestos-containing materials.

The site is near a residential area and large piles of asbestos-containing materials were left uncovered.

U.S. Attorney Amanda Marshall said in a sentencing memorandum that the developer “took short cuts that resulted in copious amounts of asbestos being released and contaminating not only the facility but the surrounding neighborhoods.” (tdn.com)

Tags: Asbestos, asbestos cleanup, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma, Hurricane Sandy cleanup
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Asbestos News Roundup: 10.25.12 – Neighborhood Asbestos

October 25th, 2012. 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 in the Community

You don’t have to work with asbestos containing products to suffer its effects. It is also possible to suffer asbestos exposure 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.

Once commonly used for insulation and pipe wraps, asbestos causes lung cancer, mesothelioma and asbestosis when its fibers are crumbled or pulverized. The Environmental Protection Agency has determined there is no safe level of exposure to the airborne fibers.

One example of community exposure include the World Trade Center site after the terrorist attacks of September 11, 2001, and areas prone to damage from natural disasters like Hurricane Katrina. But it doesn’t take a disaster for asbestos exposure to occur locally in your community—our Asbestos Hot Spot Map shows locations across the US in which asbestos has been an issue and, in many instances, asbestos abatement has been needed.

Most recently, three men were sentenced to federal prison time for violations of the EPA Clean Air Act. The charges included their having sent asbestos fibers into the air due to uncontrolled asbestos removal, for over a year. The construction site was across the street from a daycare center and residential housing.

Asbestos Law

Three men have been sentenced to time in federal prison for polluting an East Chattanooga community with asbestos during the demolition of an old textile mill. Don Fillers, David Wood and James Mathis, all from Chattanooga, were convicted on charges of conspiracy and violations of the Clean Air Act. The men are due to report to prison on November 16.

Chief U.S. District Judge Curtis Collier sentenced Fillers to four years in federal prison, Wood to 20 months and Mathis to 18 months for their part in spreading asbestos over a demolition site where the Standard-Coosa-Thatcher plant once stood.

Additionally, Fillers was fined $30,000 for his company, Watkins Street Project, and $20,000 personally. The judge also ordered $28,000 be paid in restitution to the Environmental Protection Agency, Chattanooga Department of Public Works and Chattanooga-Hamilton County Air Pollution Control Bureau.

Fillers, who owned the property owner, his employee, work site foreman Wood, and the demolition contractor Mathis, were all charged in a 10-count indictment with conspiracy to defraud the United States, Clean Air Act violations, false statements, obstruction of justice and aiding and abetting.

The demolition of the abandoned plant generated asbestos-containing dust which subsequently spread through the air between 17th Street between Watkins and Dodds avenues, across the street from residential housing and near a day care center. These violations of the Clean Air Act took place between August 2004 and December 2005.

“These sentences send a strong message that criminal violations of environmental laws designed to protect human health from exposure to hazardous substances, such as asbestos, will not be tolerated,” US Attorney William Killian said in a news release. (Chattanoogatimesfreepress.com)

Asbestos Medical Breakthrough

A breakthrough in the detection of possible asbestos-related disease, including asbestos mesothelioma has been made, with researchers at the laboratory of New York University Langone Medical Center reporting they have found that fibulin-3—a new protein biomarker present in blood—can reliably predict the presence, or absence, of mesothelioma cancer cells.

This discovery could lead to the development of a screening tool for people concerned they may be at risk for asbestos disease, due to exposure to the lethal carcinogen. The findings were published this month in the New England Journal of Medicine.

“It’s a first step, but a very promising step,” thoracic oncologist Harvey Pass, M.D. Pass, New York University Langone Medical Center, told Reuters Health. “We’re enthused that this marker eventually will help the mesothelioma community.”

The search for a screening tool for asbestos-related disease has been underway for years. The difficulties of diagnosing asbestos diseases such as mesothelioma are significant, particularly in light of the fact that it takes decades for the disease to manifest, by which time the prognosis is typically fatal, because the cancer has spread throughout the body.

Additionally, the symptoms of mesothelioma symptoms frequently mirror those of less serious illnesses, which means it can take up to six-months for doctors to rule out other illnesses, and confirm the presence of asbestos mesothelioma.

“The problem now is that patients present with late-stage, bulky disease where we have very few options,” Pass told Reuters Health. “With an earlier presentation, you have a surgical option and better treatment results, and they have better responses to chemotherapy. You can convert this to a disease that you can chronically treat.”

The biomarker is remarkably accurate, with the researchers reporting a 96.7 percent success rate in accurately determining the presence or absence of mesothelioma when looking at blood and pleural fluid of patients. Dr. Pass and fellow researchers also found that fibulin-3 levels fell dramatically after reductive surgery and increased as the disease progressed.

An estimated 3,000 Americans are diagnosed with asbestos disease annually. This research has the potential to make those diagnoses possible earlier, thereby enabling earlier treatment. (www.curetoday.com)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma
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Asbestos News Roundup: 10.18.12 – Pipefitter Asbestos Risk, New Lawsuits

October 18th, 2012. 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.

Pipefitter 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

Charleston, WV: Paul Everett Beckman Sr. and his wife Pearl Lina Beckman, are suing 81 companies they allege are responsible for his mesothelioma diagnosis. Beckman was diagnosed with mesothelioma on August 9, 2012.

In their lawsuit, the Beckmans allege the defendants exposed Mr. Beckman to asbestos during his career as a mechanic and laborer since the 1940s and through his wife, who worked at Owens Illinois Glass Factory, and his father and brother, who were utility workers with Consol Energy.

The Beckmans are suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premise owners and as Beckman’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 81 companies named as defendants in the suit are: 3M Company; A.W. Chesterton Company; Airtek, Inc.; Aurora Pump Company; Autozone Stores, Inc.; Beazer East, Inc.; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Consol Energy, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Co. of Pittsburgh; Fairmont Supply Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Georgino Industrial Supply (Pittsburgh), Inc.; Goulds Pumps; Grinnell, LLC; Harvey Hubbell, Inc.; Hercules, Inc.; Honeywell International; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Kelsey-Hayes Company; Lewis-Goetz And Company, Inc.; Maremont Corporation; McJunkin Red Man Corporation; McNeil Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Morgantown-National Supply, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Petroleum Pipe and Supply Company, Inc.; Pettibone/Traverse Lift, LLC; Phillips Corporation; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Ritter Technology LLC; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunray Electric Supply Company; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Conveyor Corporation; United Engineers & Constructors and Washington Groups International; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: Roscoe H. Peters and his wife and Mary J. Peters have filed an asbestos lawsuit naming 86 companies as defendants, alleging they were responsible for exposing Mr. Peters to hazardous levels of cancer-causing asbestos.

The Peters allege that the companies were responsible either as premise owners or employers for Roscoe Peters developing asbestos-related disease: he worked as a laborer/electrician with Weirton Steel from 1950 to 1983. The Peters claim 80-year old Roscoe Peters was diagnosed with mesothelioma due to his exposure to asbestos, a silicate that once was widely used in insulation, while with Weirton Steel.

The lawsuit alleges negligence in not protecting Peters from contaminated buildings and not warning him of the dangers.

The 86 defendant companies named in a civil lawsuit alleging negligence in allowing a former worker to be exposed to asbestos at Weirton Steel are: 3M Co.; A.W. Chesterton Co.; Air & Liquid Systems Corp.; Ajax Magnethermic Corp.; Allied Corp.; Allied Mineral Products Inc.; Aurora Pump Co.; Beazer East Inc.; Caterpillar Inc.; CBS Corp.; Certainteed Corp.; Cleaver-Brooks Co. Inc.; Columbus McKinnon Corp.; Copes-Vulcan Inc.; Crane Co.; Dezurik Inc.; Dravo Corp.; Eaton Corp.; F.B. Wright Co. of Pittsburgh; Fairmont Supply Co.; Flowserve U.S. Inc., successor in interest to Durametallic Corp.; Flowserve U.S. Inc. formerly known as Durco International Inc.; FMC Corp.; Foseco Inc.; Foster Wheeler Energy Corp.; General Electric Co.; Georgia-Pacific LLC; George V. Hamilton Inc.; Goulds Pumps Inc.; Grinnell LLC; Hedman Resources Limited; Hercules Inc.; Honeywell International Inc.; Howden North America Inc.; IU North America Inc.; IMO Industries Inc.; Industrial Holdings Corp.; Ingersoll-Rand Co.; Insul Co. Inc.; ITT Corp.; J.H. France Refractories; Joy Technologies Inc.; Lockheed Martin Corp.; Mallinckrodt U.S. LLC; Manitowoc Cranes; McCann Shields Paint Co.; McJunkin Corp.; Metropolitan Life Insurance Co.; Milwaukee Valve Co.; Morgan Engineering Systems Inc.; Nagle Pumps Inc.; Nitro Industrial Coverings Inc.; Oakfabco Inc.; Oglebay Norton Co.; Ohio Valley Insulating Co. Inc.; Owens-Illinois Inc.; P&H Mining Equipment Inc.; Pettibone Traverse Lift LLC; Pneumo Abex Corp.; Power Piping Co.; Premier Refractories Inc.; Rapid American Corp.; Reading Crane and Engineering Co.; Riley Stoker Corp.; Rockwell Automations Inc.; Rust Constructors Inc.; Rust Engineering & Construction Inc.; Rust International Inc.; Schneider Electric USA Inc.; Sterling Fluid Systems USA LLC; Tasco Insulations Inc.; The Alliance Machine Co.; The Gage Co.; The Sager Corp.; The William Powell Co.; Thiem Corp.; Treco Construction Services Inc.; UB West Virginia Inc.; Union Carbide Corp.; Uniroyal Inc.; United Engineers & Constructors and Washington Group International; Viking Pump Inc.; Vimasco Corp.; Warren Pumps Inc.; Yale Material Handling Co.; and Zurn Industries LLC. (ellwoodcityledger.com)

Asbestos Hot Spots

 Eagle County, CO: Camp Hale in Eagle County, a popular and historic place for camping and hunting, has been shut down due to asbestos contamination.

Located along Highway 24, between Minturn and Leadville, Camp Hale served as a military facility prior to World War II and housed up to 17,000 soldiers during WWII. It was subsequently handed over to the US Forest Service in the 1960s. While many of the buildings in the area were destroyed in the 1960s, cleaning up the remaining munitions and asbestos on site has been an ongoing challenge. However, friable asbestos has been found on the surface of the site, recently, which prompted the site’s closure. (CBS4)

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