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.
New research published recently in the Journal of Occupational and Environmental Medicine, suggests that industrial workers at the lowest levels of the asbestos exposure spectrum may still be at risk for deadly mesothelioma, lung cancer, and laryngeal cancer.
The study used data from the long-running Netherlands Cohort Study of 58,279 Norwegian men between 55 and 69 years old. To determine the association between asbestos risk and cancer, researchers compared each man’s job history to asbestos-exposure matrices of various occupations. They then compared likely levels of asbestos exposure to the incidence of mesothelioma and several other cancers.
After 17.3 years of follow-up, there were 132 cases of mesothelioma, 2,324 cases of lung cancer, and 166 cases of laryngeal cancer. Although very rare, mesothelioma is considered the most deadly of the asbestos-linked cancers because of its fast progression and resistance to standard treatments. Of the three types of cancer studied, only two subtypes—lung adenocarcinoma (a form of non-small cell lung cancer) and glottis cancer (a subtype of laryngeal cancer affecting the vocal chords)—were associated with higher levels of prolonged asbestos exposure.
For mesothelioma and all other categories of lung and laryngeal cancer, even lower levels of asbestos exposure were enough to trigger disease. “Asbestos levels encountered at the lower end of the exposure distribution may be associated with an increased risk of pleural mesothelioma, lung cancer, and laryngeal cancer,” the researchers conclude.
The U.S. EPA has stated that all levels of asbestos exposure are potentially risky. They have strict guidelines governing the handling and disposal of asbestos and recommend that do-it-yourself home renovators hire asbestos abatement professionals in order to minimize their mesothelioma risk.
The original study appears in the Journal of Occupational and Environmental Medicine, the journal of the American College of Occupational and Environmental Medicine. (Offermans, NS, et al, “Occupational Asbestos Exposure and Risk of Pleural Mesothelioma, Lung Cancer, and Laryngeal Cancer in the Prospective Netherlands Cohort Study”, December 17, 2013, Journal of Occupational and Environmental Medicine, Epub ahead of print. http://www.ncbi.nlm.nih.gov/pubmed/24351898).
Houston, TX: Roy L. Jones, and his wife, Patricia, have filed an asbestos lawsuit against several defendants alleging the companies contributed to Mr. Jones lung cancer. According to the lawsuit, Jones has been diagnosed with lung cancer resulting from exposure from asbestos. The plaintiffs are claiming negligence and gross negligence.
The defendants are: Avocet Enterprises Inc., Bird Inc., Carrier Corp., Certainteed Corp., General Electric Co., Georgia-Pacific LLC, Ingersoll-Rand Co., Kelly-Moore Paint Co., Riley Power Inc., Sears Roebuck and Co., Trane U.S. Inc., Union Carbide Corp., Viacom Inc., The Goodyear Tire & Rubber Co. and Shell Chemical LP.
The couple claim the defendants created dangerous conditions, failed in safety standards and did not warn employees of the risks. The Joneses are seeking an amount in damages in excess of the minimal jurisdictional amounts, plus court costs and any other relief. (setexasrecord.com)
Boston, MA: the state Attorney General’s (AG) Office has ordered an Essex-based demolition company to pay civil penalties possibly totaling up to $125,000 to resolve allegations of improper handling and disposal of asbestos during the demolition of a building in Worcester.
According to the complaint, McConnell Enterprises Inc., a state-licensed asbestos removal contractor, was working on the demolition of Worcester’s former Crompton and Knowles building in 2011 when workers uncovered piping wrapped with asbestos insulation. The asbestos-containing material was left hanging three stories above the ground, putting workers and others in the area at “risk of contact with harmful fibers” for an extended period of time, the AG’s office claims.
State Attorney General Martha Coakley, in a prepared statement, said the case is one she is taking seriously. “Our office takes the mishandling of asbestos very seriously because of the health effects,” Coakley said. “Companies working with asbestos-containing materials must be held to the highest standards of care as ordered under our state air laws and regulations.”
According to the complaint, McConnell also failed to follow proper notification procedures, preventing the state Department of Environmental Protection from conducting appropriate oversight of the company’s asbestos removal activities.
“Licensed asbestos contractors are fully aware of the removal, handling, packaging and storage requirements that must be followed when dealing with asbestos-containing materials and of the requirement to provide notification to MassDEP in advance of this work,” said MassDEP Commissioner Kenneth Kimmell. “Asbestos is a known carcinogen, and following the rules is imperative to protect workers as well as the general public and environment. Failure to do so will result in significant penalty exposure, as well as escalated cleanup, decontamination and monitoring costs.”
The AG’s office alleges that McConnell falsely certified that it had complied with the applicable laws and regulations, in order to receive payment from the City of Worcester, violating the Massachusetts False Claims Act. The complaint also alleges various violations of the commonwealth’s air pollution prevention statute, its asbestos regulations, and its solid waste management statute and regulations.
The statement from the AG’s office stipulates that, McConnell must pay $82,500 in civil penalties to the commonwealth and another $42,500 in civil penalties if it fails to conform to waste regulations over the next 18 months. (Gloucestertimes.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.
Electricians and electrical cable installers may not know it, but they are at risk for being exposed to asbestos through repair, demolition or installation work. This lethal, fibrous material was used in felted asbestos insulation or asbestos tape to insulate wiring. So working on old power lines, old wiring or breaker boxes would put electricians at risk for asbestos exposure. Older arc chutes also contain asbestos. It was used in circuit breakers, for example, before the mid-1980′s, when they were made of asbestos-containing plastic molding compound.
Recently, an asbestos lawsuit filed by six workers in Tennessee has made media headlines, because the workers were exposed to asbestos when dismantling outdated synchronous condensers, among other things.
Galveston, TX: The family of the late John B. Fielder has filed suit against several companies alleging the defendants are responsible for Fielder’s death from lung cancer two years ago.
The lawsuit asserts that El DuPont Nemours and Co., 4520 Corp., Foster Wheeler Energy Corp. and Zurn Industries LLC contributed to Fielder’s illness and eventual death on July 28, 2010. Fielder was employed by DuPont as a pipe fitter at the company’s facilities in La Porte from 1955 to 1961. The asbestos lawsuit asserts that during that time he was exposed to asbestos dust and fibers which resulted in his cancer.
The lawsuit states DuPont “was aware, or should have been aware, of the dangers associated with exposures to asbestos at the premises where the plaintiffs’ decedent worked.”
“Nevertheless, defendant DuPont failed to warn employees, invitees and contractors of the dangers associated with occupational exposure to asbestos and required employees, contractors and/or invitees such as the decedent to work with or in proximity to asbestos without the necessary precautions to avoid dangerous exposures,” the lawsuit states.
Foster Wheeler, Zurn and 4520 Corp. are faulted for manufacturing, selling, designing, supplying distributing, mining, milling, relabeling, reselling, processing, applying or installing insulation and machinery that was “poisonous and highly harmful.”
Seattle, WA: A landmark decision by the Washington State Supreme Court will allow many asbestos victims to pursue legal claims against respirator manufacturers and other equipment manufacturers who may have failed to provide adequate warnings about asbestos exposure.
The plaintiff in the case, Leo Macias, worked as a tool keeper in a shipyard in which asbestos was present. As part of his normal duties he cleaned and maintained respirators used by workers who were exposed to asbestos. Macias alleged that he was exposed as a result and developed mesothelioma. He filed suit against the Shipyard and the manufacturer of the respirators.
The respirator manufacturers moved for summary judgment claiming that the company had no duty to warn its customers about possible asbestos exposure because of standing precedent in two previous asbestos cases. The trial court denied the motion, but an appellate court reversed, sending the case to the Washington State Supreme Court.
In a hotly contested and widely-watched 5-4 decision, the court ruled in favor of Macias, distinguishing existing precedent from the case and rejecting the manufacturer’s motion for summary judgment.
The ruling is a landmark decision in asbestos litigation, according to Macias’ attorneys. The respirator manufacturers had argued that because their products did not contain asbestos, they were not responsible for Macias’ exposure.
However, the court’s majority opinion rejected their arguments, noting that, “The very purpose of the respirators would, of necessity, lead to high concentrations of asbestos (and/or other contaminants) in them, and in order to reuse them as they were intended to be reused, this asbestos had to be removed.”
The court has remanded the case back to the trial court, where it will proceed, with a trial scheduled for early 2013.
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 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.
Charleston, WV: Lillian Reilly, the widow of the late James Reilly, is suing 53 companies she claims are responsible for her husband’s lung cancer and death. Mrs. Reilly claims her husband was exposed to asbestos during his employment as a welder and millwright from 1965 until 1997.
James Reilly was diagnosed with lung cancer on September 2, 2011. He died less than a year later on April 27, 2012 according to the lawsuit.
Mrs. Reilly claims the defendants failed to warn her husband about the dangers of asbestos, and that the defendants also failed to supply him with proper apparel to wear while handling 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 lawsuit.
Lillian Reilly is seeking a jury trial to resolve all issues involved. The 53 companies named as defendants are A.W. Chesterton Company; Air & Liquid Systems Corporation; Armstrong International, Inc.; Aurora Pump Company; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve U.S., Inc. f/k/a Durco International, Inc.; Flowserve U.S., Inc. f/k/a Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; Howden North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc. (WVRecord)
Charleston, WV: Daphene Y. Steele has filed an asbestos lawsuit against 41 companies she claims are responsible for her husband’s lung cancer and death.
On December 22, 2010, William Y. Steele was diagnosed with lung cancer. He died from the disease on November 21, 2011, according to the lawsuit.
Mrs. Steele claims he was exposed to asbestos during his employment as a laborer and coal miner from 1965 until 1991. She further claims that the defendants failed to warn her husband about the dangers of asbestos, and also failed to supply him with proper apparel to wear while handling 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 asbestos lawsuit.
Daphene Steele is seeking a jury trial to resolve all issues involved. The 41 companies named as defendants are 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Caterpillar, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell, LLC; Honeywell International; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Maremont Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; Pneumo Abex Corporation; Protective Treatments, Inc.; Rapid American Corporation; Riley Stoker Corporation; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; and Vimasco Corporation.
Charleston, WV: A couple from Kentucky has filed an asbestos lawsuit naming 54 companies they claim are responsible for Randy Carson Fields’ asbestos lung cancer diagnosis.
Mr. Fields was diagnosed with lung cancer, according to the lawsuit, on September 29, 2011. Fields claims he was exposed to asbestos during his employment at various mining and coal companies from 1963 until 1987.
The lawsuit alleges the defendants failed to warn Mr. Fields about the dangers of asbestos, and that they failed to supply him with proper apparel to wear while handling 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 lawsuit.
Fields and his wife, Mabel Lou Fields, are seeking a jury trial to resolve all issues involved. The 54 companies named as defendants are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve U.S., Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; Goulds Pumps; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; Joy Technologies, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sears, Roebuck And Co.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc; The Goodyear Tire & Rubber, Co.; Uniroyal, Inc.; United Conveyor Corporation; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (WVRecord)
New Castle, DE: A Delaware jury has awarded a $2.86 million verdict to the family of Michael Galliher, who died from asbestos mesothelioma. The lawsuit was filed against RT Vanderbilt In re Asbestos Litigation Michael Galliher, No. 10C-10-315 (Del. Super. Ct., New Castle City.). The settlement is the largest asbestos verdict against a single defendant in Delaware in over a decade.
Michael Galliher, of Mansfield, Ohio, was diagnosed with pleural mesothelioma in August 2010. He died months later on February 3, 2011 at the age of 62. While working at Crane Plumbing Fixtures Factory for nearly 40 years, Galliher used a talc powder contaminated with asbestos fibers to dust large molds of sinks, bathtubs and other ceramic fixtures. The asbestos fibers came from a mine in Gouverneur, NY, owned and operated by RT Vanderbilt Company, Inc.
Expert testimony during the trial linked Galliher’s exposure to talc dust containing asbestos fibers. RT Vanderbilt did not list the proper safety warning on the talc powder.
“The magnitude of Mr. Galliher’s exposure is immeasurable,” said the attorney representing Galliher. “Like many Americans, he worked hard his entire life so he could enjoy retirement with his grandchildren. Instead, it caused him to be exposed to asbestos and develop a deadly cancer.”
Six years before his death, Galliher retired to spend more time with his grandchildren, family members said. His three local grandchildren would visit him and his wife almost daily. He taught them how to garden and play baseball. He would also take them on regular trips to a local lake or mushroom hunting. He passed away just two weeks shy of his 33rd wedding anniversary.
Founded in 1916, RT Vanderbilt is a mining and manufacturing company that sells more than sixty categories of minerals and chemicals used in over 800 products in industries including the rubber, plastic, petroleum, ceramic, cosmetic, and household products industries.
The verdict applies 100 percent liability to the company. (PR Newswire)
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)