Posts Tagged ‘ asbestos lawsuit ’
Asbestos News Roundup: 11.18.11
November 18th, 2011. 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 Lawsuits
St. Clair County, IL: An asbestos lawsuit naming 66 defendant companies was recently filed by Robert and Darla Mazenko. The couple claim in their lawsuit that the defendant companies caused Robert Mazenko developed lung cancer as a result of his exposure to asbestos-containing products throughout his career, and that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ safety.
According to the lawsuit, Mr. Mazenko worked as a boiler tender in the U.S. Navy from 1957 until 1961, as a bundler, forklift and crane operator at U.S. Steel from 1961 until 1972 and worked as an equipment operator from 1971 until 2002.
The Mazenkos claim that as a result of his asbestos-related disease, Robert Mazenko has become disabled and disfigured, and has 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.
In their 10-count complaint, the Mazenkos are seeking a judgment of more than $100,000, punitive and exemplary damages of more than $150,000, economic damages of more than $150,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants and other relief the court deems just. (madisonrecord.com)
Beaumont, TX: Chevron USA and Texaco have been named as defendants in an asbestos lawsuit, by the family of the late Samuel Ozen Sr.
Mildren Ozen, the widow of Samuel Ozen, together with their children filed the lawsuit alleging that Samuel was exposed to asbestos dust and fibers while employed by Texaco in Port Arthur, The suit does not give dates of employment. “As a result of such exposure, Ozen developed … pulmonary asbestosis, for which he died a painful and terrible death on March 1, 2010,” the Ozen’s lawsuit states.
The lawsuit also alleges the defendants knew for decades that asbestos exposure caused cancer but still allowed employees to work with asbestos products. (SETexsrecord.com)
Charleston, WV: Mr. and Mrs. Hall have filed an asbestos lawsuit naming 28 companies as defendants, alleging they are responsible for Denver Hall’s lung cancer diagnosis.
On November 10, 2009, Mr. Hall was diagnosed with lung cancer, according to the lawsuit. The Halls allege that during Mr. Hall’s employment with Pennzoil and Pennzenergy, from 1974 until 1999, Mr. Hall was exposed to asbestos fibers. And, the suit goes on, the defendants failed to warn or advise Mr. Hall of the dangers associated with asbestos and asbestos-related products, and omitted to place any warnings or sufficient warnings on their containers of asbestos and asbestos materials to warn the handlers of its dangers.
The lawsuit also claims the defendants failed or omitted to provide Mr. Hall with the knowledge as to what would be reasonably safe and sufficient clothing and proper protective equipment.
Mr. Hall and his wife, Suzanna Hall, are seeking compensatory and punitive damages. (WVRecord.com)
Asbestos News Roundup: 11.10.11
November 10th, 2011. 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 Lawsuit
Charleston, WV: The widow of Mr. Henry H. Bowling has filed an asbestos lawsuit naming 105 companies as defendants. In her lawsuit, Mrs. Patricia B. Bowling claims the companies are responsible for her late husband’s esophageal cancer and resulting death.
Henry Bowling was diagnosed with esophageal cancer on May 7, 2010, and subsequently died on October 21, 2010, according Mrs. Bowling.
Mrs. Bowling’s asbestos lawsuit alleges that the 105 defendants exposed her husband to asbestos and/or asbestos-containing products during his career as a laborer and crane operator at Armco Steel from 1968 until 1996.
The defendants are being sued based upon 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 105 defendants named in the asbestos lawsuit are: 3M Company; 4520 Corporation, Inc.; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Aker Kvaerner, Inc.; Amdura Corporation; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; BWIP, Inc.; Bucyrus International, Inc.; Buffalo Pumps, Inc.; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Dezurik, Inc.; Dow Chemical Company; Dravo Corporation; Durabla Manufacturing Company; Eaton Electrical, Inc.; Fairmont Supply Company; F.B. Wright Company; Flowserve US, Inc. f/k/a Flowserve FSD Corporation f/k/a Durametallic Corp.; Flowserve US, Inc. f/k/a Durco International, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company, Inc.; General Refractories Company; Geoge V. Hamilton, Inc.; Georgia Pacific; the Gorman-Rupp Company; Goulds Pumps, Inc.; Grinnell Corporation; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Inductotherm Industries, Inc.; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories; Joy Technologies, Inc.; Kelsey-Hayes Company; Lockheed Martin Corporation; Manitowoc Cranes, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; NACCO Materials Handling Group, Inc.; Nagle Pumps; Navistar, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company and its division Ferro Engineering; Ohio Valley Insulating Company, Inc.; Peerless Pumps; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Rhone-Poulenc AG Company; Riley Power, Inc.; Rockwell Automation, Inc.; Ross Brothers Construction Co.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA); Stockham Valves & Fittings; Sundyne Corporation; Superior Boiler Works, Inc.; Taco, Inc.; Tasco Insulations, Inc.; the F.D. Lawrence Electric Company; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal Holdings, Inc.; United Engineers & Constructors, Inc.; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Weil-McLain Company; West Virginia State Electric Supply; Westinghouse Air Brake Division of Trane U.S., Inc.; Westinghouse Air Brake and/or Wabco; WT/HRC Corporation; Washington Group International; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, Inc. (wvrecord.com)
Asbestos Settlement
New York, NY: A sizable settlement has been paid to the widow of a Montvale, N.J., man who died from peritoneal mesothelioma cancer. The settlement—reached midway through trial—was negotiated on behalf of the widow, Robin Veraldo.
The amount of the settlement was not disclosed, but the New York-based law firm described it as “substantial.”
Veraldo sued as executrix of the estate of her late husband, Randy Veraldo. He was 52 when he died in 2009, seven months after being diagnosed with peritoneal mesothelioma cancer, court records show.
According to those documents, Randy Veraldo was a parts handler at a Teterboro, N.J., warehouse from 1978-85. The job required him to unpack clutch plates delivered on a near-daily basis from various suppliers. The clutch plates were said to contain asbestos, a mineral once widely used in the U.S. as a cheap insulating material until it was found to cause mesothelioma cancer. (prweb.com)
Asbestos Hot Spot
Freeport, NC: The Rawleigh complex buildings, located at Spring Street and Liberty Avenue in the city of Freeport, are scheduled to undergo asbestos remediation beginning November 11. It’s anticipated that the work will continue through to February 2012.
The remediation will deal with the asbestos contamination of Rawleigh Buildings B, D and E sites. Because all the asbestos removal will take place in enclosed buildings, traffic and pedestrians are not expected to be impacted. The project is funded by the U.S. Environmental Protection Agency Brownfields Cleanup Grants. (The Journal-Standard.com)
Asbestos News Roundup: 11.3.11
November 3rd, 2011. 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 Lawsuit
Another asbestos lawsuit has been added to the growing list of cases in St. Clair County’s asbestos docket…
St. Clair County, IL: Kay Richter of Wisconsin has filed an asbestos lawsuit alleging the her recently deceased husband, Robert E. Richter Sr., lung cancer and recent death were caused by his exposure to asbestos-containing products throughout his career.
From 1964 until 1969 Robert E. Richter Sr. worked as a mechanic at Jones Auto Garage, from 1969 until 1978 he worked as a mechanic at Wunnicke Transfer Auto Garage, and from 1980 to 2000 he worked as a mechanic at Boscobel Track and Roller Auto Garage according to the lawsuit.
Mrs. Richter claims in her lawsuit that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her husband’s safety. Consequently, and because of his disease, Robert E. Richter Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Moreover, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued, Mrs. Richter claims.
Ultimately, Robert E. Richter Sr., died from lung cancer on February 27, 2010, leaving his family without his support and society. Furthermore, Robert E. Richter Sr.’s next-of-kin incurred funeral and burial costs, according to the lawsuit.
In her five-count complaint, Kay Richter is seeking compensatory damages of more than $100,000, economic damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus other relief the court deems just. (Madisonrecord.com)
Asbestos Settlement
Juneau, Alaska: A settlement has been reached in a lawsuit against the state of Alaska that requires the state to pay for the replacement or repair of five schools, all in remote villages. The schools were old and require asbestos removal and upgrading in order to make them safe for use. The settlement marks the end of a 14-year old lawsuit against the state, and is expected to have far reaching effects.
According to a report in NewsMiner.com the terms of the settlement, which remain to be approved by a judge, require the “governor to seek legislative approval for funding five high-priority school construction projects in rural Alaska over the next four years. Estimates have put the cost of the projects, which include school renovations and replacements, at nearly $146 million.” The lawsuit’s plaintiffs, which includes parents, reserves the right to reopen the case if funding isn’t provided as described in the agreement. (Fairbanks Daily News-Miner.com)
Asbestos Hot Spots
Chicago, IL: Asbestos has been found in several classrooms at the Sunny Hill Grade School in Carpentersville, and students at an elementary school in Barrington Unit District 220 are being temporarily relocated.
Officials say the asbestos was “most likely” not airborne and students were not exposed to it. The asbestos was discovered by work crews who were removing white boards in the classrooms. The workers spotted the glue-based asbestos late last week. (Chicagotribune.com)
Asbestos News Roundup: 10.27.11
October 27th, 2011. 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 Lawsuits
St. Clair County, IL: Donald D. Hongsermeier, a former railroad employee who has developed a non-cancerous disease, has filed a lawsuit claiming that his exposure to asbestos fibers during the course of his career has caused his illness.
For nearly 40 years Hongsermeier worked as a hostler, fireman and engineer for defendant Illinois Central Railroad Company from 1953 until 1991. During his career, Hongsermeier claims in his lawsuit, he was exposed to asbestos dust or fibers. As a result of this exposure, he suffered great pain, extreme nervousness and mental anguish and developed the non-malignant disease, which he does not specify in his lawsuit.
Further, Hongsermeier alleges he incurred medical costs, lost his earnings and his earning capacity, experienced a diminished ability to render services and sustained a shortened life expectancy, the complaint says.
According to the lawsuit, Illinois Central Railroad Company negligently failed to provide Hongsermeier with a safe place to work, failed to provide him with safe tools and equipment, failed to warn him of the hazardous nature of the products with which he was working, failed to drive in a safe manner, failed to provide instructions for the safe use of asbestos products and failed to test products before exposing employees to them.
Hongsermeier claims he now suffers from mental anxiety and a fear of the worsening of his condition, which he is scared will develop into mesothelioma or some other form of cancer.
Hongsermeier is seeking compensatory damages and a judgment of more than $50,000, plus costs and other relief the court deems just. (madisonrecord.com)
St. Clair County, IL: Ray and Bobbie Ruth Lewis have filed an asbestos lawsuit naming 17 defendant companies, which, their suit alleges, caused Ray Lewis to develop lung cancer after his exposure to asbestos-containing products throughout his career.
In their lawsuit, the Lewises claim that Ray Lewis worked as a laborer in the US Army from 1965 through 1968 and as a motor and assembly line worker, welder, body shop worker and laborer at General Motors from 1968 through 1999, according to the complaint. Mr. Lewis also did auto repair work from the 1960s through the 1970s, the lawsuit states.
The Lewises claim that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ safety.
As a result of his illness, Ray Lewis is now disabled and disfigured, has incurred medical costs and suffered great physical pain and mental anguish, the suit states. 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, the plaintiff claims.
Tge Lewises are seeking a judgment of more than $150,000 and punitive and exemplary damages of more than $50,000.(madisonrecord.com)
Asbestos News
Washington, DC: According to the website Surviving Mesothelioma, some of the nation’s top health and environmental officials have been meeting in Washington to discuss a little-known mineral that could put thousands of Americans at risk for mesothelioma.
Although the mineral, called erionite, had not received much press until this year, it is known to be a human carcinogen and is listed by the International Agency for Research on Cancer as a Group 1 Carcinogen.
According to the website Fairwarning.com (cited by The New York Times), the meeting in Washington represents the U.S. government’s attempt to take a more proactive approach to protecting the public against erionite than it did in protecting them from asbestos.
Erionite occurs in the soil where volcanic ash and rock have been weathered by alkaline water. Few people had heard of it before scientists began studying the cause of strikingly high mesothelioma rates in several Turkish villages where erionite has been used for decades as a building material. In these villages, deaths from mesothelioma can run as high as 50 percent of the population.
According to the U.S. Geological Survey, erionite deposits have been found in a dozen western states and are most concentrated in California, Nevada, Arizona, Oregon and Wyoming. Like asbestos, erionite poses no threat until it is disturbed. Unfortunately, hundreds of miles of roadways have been covered with erionite-laden gravel in North Dakota, raising serious concerns about the danger in the dust being constantly stirred up by vehicles.
The meeting at the National Institutes of Health (NIH) brings together representatives from the Environmental Protection Agency (EPA), the National Institute for Occupational Safety and Heath (NIOSH), the Mine Safety and Health Administration (MSHA) and the U.S. Geological Survey. They are discussing the mesothelioma danger posed by erionite, as well and the risks associated with other hazardous minerals.
Like asbestos, erionite can lodge in the lungs when inhaled, triggering irritation and inflammation that can eventually lead to mesothelioma. The more concentrated and frequent the exposure, the higher the risk is thought to be. Although there have been no documented cases of erionite-related mesothelioma cases in the U.S., officials are bracing for future cases since mesothelioma can take 20 to 40 years to develop. Approximately 2,500 Americans are diagnosed with mesothelioma each year primarily as a result of asbestos exposure according to the National Institute of Health. (PRWeb.com)
Asbestos Law
Surry, VA: Repairs made to the Surry Nuclear power plant have result in environmental and personal asbestos exposure, according to a report in The Republic.
Roughly 12 contract employees hired to repair the plant have been exposed to the lethal mineral, and, the Republic reports, “State Department of Labor and Industry reports obtained by the Daily Press found that flakes of the cancer-causing substance went airborne in April after contractors cut a pipe. The reports say that a dozen workers and three work trailers had asbestos on them, but it’s unclear how much because plant owner Dominion Power didn’t have air-sampling equipment on site.”
Investigations undertaken by the state cleared six of the eight companies involved however, Hopewell-based Quality Specialties Inc, has been fined $4,900 for failing to properly label pipes. (therepublic.com)
Asbestos News Roundup: 10.20.11
October 20th, 2011. 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 Illness in Iron Range Workers
Northeastern MN: News reports indicate that the 82 people who worked in the notorious Iron Range have died from a rare form of lung cancer. The number of fatalities has risen from 63 reported by state health officials in 2010. The increase, state officials say, is attributable to death record checks of former Iron Range workers in other states, people who moved away from Minnesota. The statistics were released by the University of Minnesota team leading the long-term Taconite Workers Health Study.
The lead researcher on the study, Dr. Jeffrey Mandel with the university’s School of Public Health, said a “back-of-the-envelope” analysis revealed a considerably higher rate of mesothelioma—higher than it should be. “But we are still doing the analysis to find out how much so,” Mandel said in a telephone news conference. It also remains unclear where the victims were exposed to asbestos.
While earlier reports on the increase in the number of asbestos-related illnesses found in former Iron Range workers were thought to be due to workers earlier exposure to asbestos found in commercial products such as insulation materials for pipes, furnaces and boilers, it now appears that the increase could be due directly to Taconite exposure, however this remains to be confirmed. “We’ve basically concluded our data collection phase,” said John Finnegan, dean of the university’s School of Public Health. “It’s an enormous number of people we have data on now…people who worked in mining back to the 1920s.”
Preliminary analyses show that 1,681 taconite workers, of about 46,000 born since 1920 who worked in the industry, developed some sort of lung cancer. However, the exact cause is unclear, and whether or not the rate of asbestos illness is higher than normal.
The five part study is looking at occupational exposures to determine how and where the asbestos came from; a mortality study that reviews the cause of death for deceased taconite workers; a cancer incidence study to see whether cancer rates are higher on the Iron Range; an environmental study of current airborne particulates to check for asbestos levels; and a respiratory health study of living taconite workers and their spouses. Results from each study will be made public after they are completed, and a final, overall report is expected after that. (Canadianbusiness.com)
Asbestos Law
Vancouver, BC: A demolition contractor from the Metro Vancouver area, who is facing charges of exposing unprotected workers to asbestos, has been found in contempt of court and may be going to jail. Arthur Moore allegedly hired teenagers as young as 14 to demolish asbestos-laden houses without protection, the BC Court of Appeals was told. He hired the students because they needed cash. He also hired recovering addicts from addiction recovery houses in Surrey, BC.
“His conduct grievously endangered workers under his direction,” Justice Ian Donald ruled this week, finding Moore guilty of contempt. “Unless he can in some way mitigate his indifference to the lives and safety of his workers and his open defiance of the injunction, his misconduct requires a severe response.”
According to a news report in BClocalnews.com the B.C. Court of Appeals has ordered that Arthur Moore be arrested for violating an August 2010 court injunction that indefinitely barred him from operating his Surrey-based asbestos and drywall removal business. Moore is to be sentenced in B.C. Supreme Court after his arrest. (BClocalnews.com)
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