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.
Many of the materials used in the construction industry contained, or in some cases still contain asbestos. In fact, 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.
In the 1960-70s the general public was not aware of the dangers of asbestos, and so millions of men and women likely worked on or around construction asbestos without any protection.
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. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos construction lawsuits we are seeing now.
Jefferson County, TX: On July 17, Julie Verret, daughter of the late John Verret, who died of lung cancer on July 27, 2011, filed an asbestos lawsuit against her father’s long-time employer, Texaco. The lawsuit claims the oil company negligently exposed Verret to asbestos which led to his cancer diagnosis.
Verret worked at a Texaco facility in Port Arthur as bricklayer and operator from 1968 to 1992, the lawsuit claims. It was during his employment that was allegedly exposed to asbestos dust and fibers. The lawsuit claims Texaco negligently exposed Verret to asbestos and as a result, he contracted asbestos-related lung cancer. The lawsuit includes a medical report stating that Verret was a smoker. Julie Verret is seeking wrongful death damages. (setexasrecord.com)
New Orleans, LA: Donald Thomas has filed an asbestos lawsuit against American Standard and 40 other defendants alleging they are responsible for his exposure to large amounts of asbestos through manufacturing, selling, designing, supplying, distributing, mining, milling, re-labeling, reselling, processing, applying and installing asbestos and asbestos containing materials.
In his lawsuit, Thomas claims his occupational exposure has resulted in his lung cancer and asbestosis. He asserts he did not know of the dangers of asbestos until one year before his diagnosis. The defendants are accused of creating hazardous and deadly conditions in which the plaintiff was exposed to large amounts of asbestos fibers. (louisianarecord.com)
Sunriver, OR: A lawsuit filed by Sunriver Owners Association (SROA) against the United States has been settled with the government’s payment of almost $500,000 to cover the cost of investigation and remediation of asbestos-containing material discovered in the soil near the association’s former amphitheater and sledding hill.
The July 2010 lawsuit filed by SROA alleged that asbestos contamination existed on six acres of a 22-acre parcel that, in the 1940s, was part of Camp Abbot, a U.S. Army Corps of Engineers training camp. According to SROA, beginning in 1944, the United States demolished most of the Camp Abbot buildings; many had floor tiles, siding, insulation and other construction materials that contained asbestos. These materials were abandoned on site when the United States left the property. The community of Sunriver was developed on the former Camp Abbot grounds beginning in 1968.
SROA first discovered the asbestos debris in 2002 and worked with the Oregon Department of Environmental Quality (DEQ) to investigate the extent of contamination and develop a remedy to prevent any contact with the contaminated soil. In 2010, SROA’s members approved construction of the Sunriver Homeowners Aquatic & Recreation Center (SHARC) on the 22-acre site. The center functions as a cap over the contaminated soil. SHARC opened earlier this summer to great success. Had it not been constructed, SROA would have been required to spend an estimated $3.2 million to remove all of the asbestos-contaminated soil.
Attorneys David Blount and Jennifer Gates at Landye Bennett Blumstein LLP in Portland represented SROA in the lawsuit against the United States. According to Gates, “While it appeared from the beginning that the United States might be the source of the asbestos, with assistance from a military architectural historian, archaeologist and aerial photo expert, we were able to convince the United States that it bore most, if not all responsibility.”
SHARC received an Oregon Brownfields Award earlier this year. The awards recognize individuals and groups who worked together to transform contaminated sites into productive uses.
According to DEQ, a brownfield is “a real property where expansion or redevelopment is complicated by actual or perceived environmental contamination.” Hugh Palcic, SROA’s assistant general manager also won the 2012 Oregon Brownfields Unsung Hero Award for his work guiding the project from investigation to completion.
“We are pleased this dispute has been resolved fairly and that the United States accepted responsibility,” said SROA General Manager Bill Peck. “Our homeowners were able to recoup almost all of the costs of dealing with the asbestos contamination. Sunriver developed a beautiful new recreation facility, the environmental hazards of the site were remediated, and the cleanup cost was reduced by more than $2.5 million.” (businesswire.com)
Washington, DC: Hubert J. Bell, a project manager who was overseeing removal of asbestos from a former Chrysler factory in Detroit, has been charged by The U.S. attorney’s office with a felony for failing to remove the material safely.
Bell, worked at One Accord Environmental Services Inc. in Detroit, was charged in a criminal complaint with failing to properly remove asbestos, a hazardous material, from a shuttered plant in late 2010 that was part of the Chrysler’s American Motors Corp. subsidiary at 14250 Plymouth Road.
According to an affidavit filed by Environmental Protection Agency Special Agent Michael Pemberton, Bell directed employees to push potentially contaminated water down drains and didn’t use proper procedures to remove asbestos. A cooperating witness told the EPA that asbestos wasn’t being removed properly.
In early 2010, the property and three other properties in Michigan and New York were sold for $2.3 million. The price was a fraction of what Chrysler once sought for the Detroit property that produced helicopters in World War II and turned out millions of appliances. The properties were sold to Mount Clemens-based Manchester Plymouth LLC. (detnews.com)
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.
Many retired railway men are finding that the years they spent working in railway yards and on trains has caused them to become ill with asbestos-related illnesses. And their illnesses could have been prevented if they had been made aware of the dangers and provided with proper protective gear.
Asbestos was used to insulate steam and diesel locomotives, boxcars, cabooses and pipes. It was also used in brakes and floor tiles of passenger cars. When workers were tasked with removing the asbestos, and were not wearing protective clothing, the airborne asbestos fibers became lodged in their clothes and worse, in their lungs. As this practice went on over time—years in many cases—the accumulation of the asbestos fibers in their lungs led to fatal asbestos mesothelioma. Such is the case of the four former BNSF railway workers who are now suing the company.
Lincoln, NE: BNSF Railway is being sued by four former employees and their relatives over allegations of potentially fatal asbestos exposure. The men, who all worked as carmen for BNSF, allege they developed asbestos-related lung disease as a result of exposure through their work.
One of the carmen, Bernard Richter of Lincoln, died in November 2010 of colon cancer caused by exposure to asbestos on the job, according to the lawsuit, which was filed on behalf of his widow, Virginia Richter.
The three other former BNSF carmen are represented in a separate lawsuit. They are Philip Custard of Omaha, who began working for BNSF in 1950; Donal Hansen of Lincoln, who started with the railway 1952, and Steve Hegener, also of Lincoln, who worked for BNSF from 1969.
Their suit alleges the plaintiffs suffered from lung disease caused by exposure to asbestos, “which cannot be effectively cured by conservative medical procedures or medications.”
All of the retirees on passenger and freight cars in the Lincoln shops and in Omaha, their lawyer said. (journalstar.com)
Charleston, WV: On July 7, 2010, Franklin Delno Hensley was diagnosed with asbestos-related lung cancer and subsequently died on May 13, 2011. Tammy Horn, a family member, is suing 64 companies she claims are responsible for her Mr. Hensley’s lung cancer and death.
Ms. Horn claims that while Mr.Hensley was employed as a plumber, carpenter and laborer, from 1956 to 2002, he was exposed to 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 lawsuit.
Horn is seeking a jury trial to resolve all issues involved. The companies named as defendants are 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Armstrong International, Inc.; Aurora Pump Company; Borg-Warner Corporation; CBS Corporation; Certainteed Corporation; Chromium Corporation; Cleaver Brooks, Inc.; Crane Co.; Dravo Corporation; Eaton Corporation; Flowserve Corporation; Flowserve f/k/a The Duriron Company Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Georgia Pacific Corporation; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Metropolitan Life Insurance Company; Mobil Corporation; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Robin Industries, Inc.; Rockwell Automation, Inc.; Schneider Electric; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Superior Container, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; Trane U.S. Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; Weil-McLain Company; Yarway Corporation; YRC, Inc.; and Zurn Industries, Inc. (wvrecord.com)
Charleston, WV: Lawrence Edward Miller, who was diagnosed with lung cancer on July 20, 2011, has filed an asbestos lawsuit with his wife, naming 42 companies they claim are responsible for his lung cancer diagnosis.
Miller and his wife, Clara Faye Miller, allege the defendants exposed him to asbestos during his employment as a laborer and shipper from 1947 until 1993.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warrant, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.
The companies named as defendants in the suit are A.K. Steel Corporation; A.W. Chesterton Company; CBS Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Corporation; Elliott Company; Flowserve Corporation; Flowserve f/k/a The Duriron Company, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; McJunkin Red Man Corporation; Morgan Engineering, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Premier Refractories, Inc.; Riley Power, Inc.; Rockwell Automations, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; and West Virginia Electric Supply A Houston attorney is representing three more former employees of BNSF Railway and the widow of a fourth in lawsuits alleging they suffered damages — and in one case, death — from exposure to asbestos because of the railroad’s negligence in and around its Lincoln operations. (wvrecord)
New Orleans, LA: A former shipbuilder who had brought a mesothelioma lawsuit against Westinghouse Electric Corp. and Mundet Cork Co. has been awarded $12 million for his illness.
According to Law360, Frederick Schulte worked as a ship-fitter and iron-fitter for McDermott In. Shipyard where he regularly dealt with old piping, valves, and gaskets on quarter boats used in World War II. Court documents would later confirm that the piping he handled contained asbestos and was manufactured by Mundet Cork.
Schulte went on to also work at Avondale Shipyards where he was exposed to partitions, furniture, walls, and bulkheads on Coast Guard cutters as radar technician.
In October, 2011 Schulte was diagnosed with mesothelioma. His mesothelioma lawsuit that followed he claimed that the airborne asbestos he inhaled while regularly handling asbestos at his former jobs was the reason for his mesothelioma diagnosis.
In addition to Crown Cork & Seal and Westinghouse, Crane Co., Reilly Benton, International Paper Co., and Crosby Valve, McDermott, and Avondale were also named in the mesothelioma lawsuit for withholding information about the dangers of asbestos.
It only took 10 months following Schulte’s mesothelioma diagnosis for him to receive his lawsuit ruling and $12 million award. (cisionwire.com)
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.
Recently, a restoration project of a heritage site in Kentucky revealed asbestos roofing tiles under the wooden shingles the roofers were contracted to remove. As a consequence, the project has been put on hold until money can be raised to appropriately remediate the asbestos from the site.
The asbestos was found in asphalt roof shingles, which are a common roofing product. Many men who have worked with these tiles over the past decades may not be aware that the dust and debris generated by these tiles, and floating in the air around them as they work to remove the tiles, contain asbestos fibers. Those fibers can become lodged in their lungs, on their clothes–exposing their loved ones to the same carcinogens, and in the air in the neighborhood–exposing the public. But it’s the roofers who will suffer the worst fate, particularly if they have been working around these types of tiles over a prolonged period of time.
Charleston, WV: A relative of Ralph Gary Brown, who was diagnosed with asbestos-related lung cancer on July 14, 2011, and subsequently died on August 6, 2011, is suing 45 companies he claims are responsible for Mr. Brown’s illness and death.
Barry S. Brown claims Ralph Brown was exposed to asbestos while he was employed as a millwright at Armco Steel from 1964 until 2005.
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 lawsuit.
The companies named as defendants in the suit are A.K. Steel Corporation; A.W. Chesterton Company; Amdura Corporation; Bucyrus International, Inc.; Caterpillar Inc.; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Corporation; Elliott Company; Flowserve f/k/a the Duriron Company Inc.; Flowserve Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Hercules, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; McJunkin Red Man Corporation; Morgan Engineering, Inc.; NACCO Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Pettibone/Traverse Lift, LLC; Premier Refractories, Inc.; Riley Power Inc.; Rockwell Automations, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA) LLC; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; U.B. West Virginia, Inc.; United Engineers & Constructors and Washington Croup International; Vimasco Corporation; West Virginia State Electric Supply; and Yale Materials Handling Corporation. (wvrecord.com)
Boston, MA: Allegations over violations of Massachusetts air pollution and asbestos regulations have been resolved, according to an announcement by the state’s Attorney General Martha Coakley. The consent judgment was handed down on Friday against Suffolk Construction Company Inc. and Emerson College. Under the terms of the judgment, Suffolk and Emerson will each pay $250,000 in civil penalties to the state.
The lawsuit was filed by Coakley, together with the consent judgment on Friday, alleging that Suffolk and Emerson violated the state’s air pollution prevention statute and asbestos regulations during the 2007-2008 renovation of Emerson’s Colonial Building, according to LegalNewsline.
The 13-story Colonial Building in Boston was bought by Emerson in 2006. It was used for leased offices and student rehearsal space until 2007, when Emerson hired Suffolk to renovate the building and convert it into a student dormitory.
Concern was raised because the demolition allegedly had not utilized proper asbestos containment measures and the contaminated demolition materials removed from the building may consequently have exposed the public to asbestos fibers. Although the potentially contaminated demolition materials should have been sent to a licensed asbestos landfill, approximately 80 percent of the contaminated material may have been sent to recycling facilities. exposing workers in the process.
The terms of the judgment require Emerson to prepare and put into effect a maintenance and operations plan for the building, so as to avoid future releases of asbestos if the building is renovated or repaired.(legalnewsline.com)
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.
Drilling mud is widely used in the oil industry, both onshore and offshore, to help cool the drill bit and flush debris from the well hole during drilling. Many oilfield workers may have been exposed to toxic asbestos products without knowing its harmful, and often lethal, effects.
Drilling mud composition contained asbestos, which led to mud engineers being
exposed to asbestos drilling mud, and the potential to develop asbestos-related disease such as asbestos mesothelioma.
The two drilling mud brands that were mainly used were Flosal and Visbestos: both products were packaged in 50 lb. bags and were used for sweeping the hole as a viscosifier.
Hyde, TX: Chevron USA is facing a wrongful death lawsuit brought by the widow of Louis Esbry, who recently died from asbestos-related disease.
Camelia Esbry and her children filed the suit June 29, blaming Chevron USA for her husband’s death, alleging the company exposed him to asbestos.
While employed with Chevron, Louis Esbry was exposed to asbestos dust and fibers, the lawsuit states, which resulted in his developing asbestosis. He died on December 18, 2011, the lawsuit states.
According to the lawsuit, Chevron knew for decades that asbestos could cause cancer, yet the company allowed employees and contractors to work around the mineral, exposing them to potentially lethal health effects, without warning them of the dangers.
The plaintiffs are suing to recover exemplary damages. (SETexasrecord.com)
Jefferson County, TX: A second-hand asbestos exposure lawsuit has been filed by Ginger Hall naming suit 11 companies as defendants. In her lawsuit, Mrs. Hall claims she was exposed to asbestos through her husband’s work clothes.
Chevron USA, Citgo, DuPont, ExxonMobil, Huntsman Petrochemical, Mobil Chemical, Mobil Oil, Oxy USA, Texaco, Union Oil and Unocal Corp, are the named defendants in the lawsuit.
Mrs. Hall alleges she was exposed to asbestos through her husband’s employment at several of the defendants’ refineries.
Specifically, the lawsuit alleges the asbestos dust on Mr. Hall’s work clothes has caused Mrs. Hall to suffer breathing difficulties and develop cancer. The defendants are accused of failing to protect workers and their family members from inhalation of asbestos fibers.
In addition to exemplary damages, Mrs. Hall is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and lost wages, plus all court costs. (SETexasrecord.com)
New Orleans, LA: Jacqueline Carron Lowe and the children of George Lowe have filed an asbestos lawsuit against Marathon Oil Co. and others, claiming the defendants exposed the late Mr. Hall to asbestos and are therefore responsible for his death. Mr. Lowe was diagnosed with mesothelioma in November 2011 and died in December 2011 from complications from the disease.
Mrs. Lowe claims her husband was exposed to dangerously high levels of asbestos during his employment for Marathon Oil from 1957 until 1995 in various positions and at various sites including Detroit, MI, Robinson, IL, and Garyville, LA.
The defendants are accused of exposing George Lowe to asbestos which caused him to develop asbestos mesothelioma.
Lowe’s family is seeking an unspecified amount in damages for physical pain and suffering, loss of income, mental anguish, fear of death, loss of enjoyment of life, medical expenses, loss of personal assistance, loss of support to wife and children, loss of consortium, loss of services and loss of companionship.(louisianarecord.com)
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.
Many people decide to renovate their homes, not knowing fully, the dangers that may lurk within the walls, ceilings or floors of their homes. Those dangers can include asbestos in older homes. 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.
An asbestos lawsuit brought by an 85-year old construction contractor who developed asbestos mesothelioma as a result of exposure to the carcinogen during his work and renovating his own investment properties, recently resulted in a $48 million settlement. His story is below.
New Orleans, LA: Jereiana H. Relf has filed an asbestos exposure suit naming multiple defendants for allegedly contributing to her secondhand exposure to asbestos.
The lawsuit was filed against Asbestos Corporation Limited et al in the New Orleans Civil District Court alleging at least 13 miners, manufacturers, sellers or handlers of asbestos products should be held responsible for Relf’s exposure to injurious levels of asbestos.
The lawsuit claims that asbestos fibers were introduced to Relf’s household from her uncles, father and husband who all worked with asbestos materials. In addition, Relf claims that her neighborhood as a whole was exposed to asbestos materials via asbestos-containing scrap material in close proximity.
The defendants are accused of knowingly exposing her to carcinogenic materials that resulted in her diagnosis of mesothelioma in March 2012.
An unspecified amount in damages is sought for medical costs, pain and suffering, mental anguish, loss of quality of life and disability.
Los Angeles, CA: Bobbie Izell, who worked in construction in the 1960s and 1970s, and his wife have been awarded $48 million by a California court in settlement of their asbestos lawsuit. The lawsuit named Union Carbide and a number of other defendants including Riverside Cement and California Portland Cement Company as defendants.
Izell developed mesothelioma during his 30 year career as a cement contractor in the construction industry. He built thousands of homes, commercial buildings, and churches, many of which contained asbestos. Izell also bought and renovated properties and many of the products he used for the renovation contained asbestos. Consequently, between 1947 and 1980, Izell suffered consistent exposure to the carcinogen.
The asbestos lawsuit was filed by Izell and his wife shortly after Izell was diagnosed with asbestos mesothelioma. According to media reports, during the trial Union Carbide argued that Calidria, which is the type of asbestos the manufacture, does or did not cause cancer. However, evidence was produced in the form of corporate memos which revealed that Union Carbide staff and physicians were aware the material was making works ill. However, this information was not made public. (Pol.com)