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.
Given that on Monday, November 11, the US and Canada will be marking the contributions of their war veterans, it seems a fitting time to remember that many of our veterans are also suffering from terminal, asbestos related illnesses, as a result of asbestos exposure during their service.
US Navy Veterans are at a particularly high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits. But because asbestos-related disease can take up to 30 years or more to manifest, it is often detected long after men have left the Navy.
The states with the most US Navy Veterans include California, Florida, New York, Texas, Ohio, Michigan, Arizona, Massachusetts, Washington, Maine, Oregon, Arizona, Illinois, Wisconsin, Iowa, Pennsylvania, Montana, Kansas, North Dakota, Hawaii, Nebraska, and Mississippi.
US Navy Veterans are not the only group of workers at high risk for asbestos exposure. Men and women who worked in power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops may also have been exposed to high levels of asbestos
Charleston, WV: CSX Transportation is facing an asbestos class action lawsuit filed by Harold Newton Davis, an ex-employee who alleges the company is responsible for his asbestos-related lung cancer.
Davis was employed by CSX as a laborer and track layer in Huntington from 1945 until 1946, according to his lawsuit. He alleges that during that time he was exposed to toxic substances, including asbestos, which caused him to develop asbestos lung disease, with which he was diagnosed on December 18, 2012.
During his employment, Davis was he was unaware of the health dangers associated with asbestos exposure. In his lawsuit, Davis claims CSX Transportation failed to provide him with a reasonably safe place within which to work and failed to furnish safe and suitable tools and equipment.
As a result of his asbestos exposure and subsequent asbestos disease, Davis has suffered great pain, mental anguish and severe injuries, and his enjoyment of life has been greatly reduced, the lawsuit states. (wvrecord.com)
Madison County, IL: Steve and Marsha Bostick, have recently amended their original asbestos lawsuit to add more defendants. The complaint had named 65 corporations as defendants. However, they now name approximately 70 companies as being responsible for Steve Bostick’s asbestos-related lung disease.
Bostick worked as a mechanic with the Army from 1965 until 1968, as a deckhand on the Mississippi River and a mechanic at MTA City Bus Line from 1968 until 1971, as a power plant operator at TVA from 1971 until 1985 and as a power plant shift operator for the Army Corps of Engineers from 1985 until 2002, according to the asbestos lawsuit.
The Bosticks filed the motion to amend their complaint on October 7 to add secondary exposure history and additional defendants based on information they recently obtained, the document states. Approved on October 17, the amended complaint now names Alcatel-Lucent USA Int, formerly known as Lucent Technologies, Inc, Occidental Chemical Corporation, formerly known as Hookers Chemical Co, Reichhold, Rogers Corporation, and VF Corporation as defendants.
The couple is seeking a judgement in excess of $100,000, economic damages of more than $50,000, punitive damages of more than $100,000 and compensatory damages of more than $50,000 in their 10-count complaint. (madisonrecord.com)
Madison County, IL: James Reef, who filed his asbestos lawsuit in 2012, will now see his day in court. Reef, who worked as a carpenter, filed his lawsuit in December naming Georgia Pacific as the defendant.
According to the lawsuit, Reef’s asbestos exposure resulted from inhalation of asbestos fibers “emanating from certain products he was working with and around” caused him to develop mesothelioma. He blames Georgia Pacific for manufacturing, marketing, supplying and distributing asbestos-containing products, including joint compound and joint treatment systems.
The lawsuit claims that Reef was exposed to drywall, sheetrock, ready mix and joint compound containing asbestos, which he regularly purchased from Georgia Pacific. Reef estimates he’s used several thousand sheets of drywall from the defendant over the course of his career, picking up the products from Georgia Pacific’s facility in Wichita, KS, over 50 times.(madisonrecord.com)
Madison County, IL: Plaintiff William Costello, who filed an asbestos lawsuit naming over 50 companies as defendants, has had his lawsuit settled before going to trial. The lawsuit was settled after the plaintiff filed a notice to compel the CEOs and CFOs all the defendant companies to testify at trial.
According to the asbestos lawsuit, filed in November, 2012, Costello developed mesothelioma as a result of his exposure to and inhalation of asbestos fibers between the years 1996 and 1999 while he worked as a maintenance man at various locations.
Costello alleged in his complaint that the defendants manufactured, sold, distributed or installed the products containing asbestos fibers,and that they should have anticipated the dangers of working with such products. Additionally, the lawsuit claims the defendants included asbestos in their building products regardless of the known health hazards, and that they failed to use adequate substitutes for the asbestos products, failing to provide proper warnings about the asbestos dangers and failing to instruct employees on how to safely work around the products.
Costello claims he did not know the extent of the health dangers associated with working around asbestos. “Plaintiff remained ignorant and uninformed of the hazards of asbestos, failed to take precautions and was thereby exposed to, inhaled, ingested or otherwise absorbed asbestos fibers, causing him to develop the asbestos disease specified herein,” the lawsuit stated.
Costello accused the defendants of willful and wanton conduct for having a reckless disregard for the safety of the plaintiff. He also claimed the defendants conducted in negligent spoliation of evidence, arguing that documents identifying the asbestos-containing products and the work the plaintiff did, among others, were reasonably considered evidence.
He argued that defendants “breached their duty to preserve said material evidence by destroying and otherwise disposing of said documents and information, at a time when they and each of them knew or should have known that the same constituted material evidence in potential civil litigation,” the lawsuit stated. (madisonrecord.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.
The recent case of Nita Constant, below, who died from asbestos mesothelioma, highlights how asbestos dust represents a danger not just to those who worked in heavy industry, but also to their family members who were in daily contact with them. It also highlights the risks of environmental and neighborhood exposure. Nita Constant lived on the West Bank in New Orleans, an industrial area where asbestos would have been in use.
The asbestos lawsuit, filed on behalf of the estate of the late Nita Constant, by her family, alleges she suffered secondary asbestos exposure as a result of her husband’s exposure.
Recently, we also reported on the case of a 78-year old women succumbed to asbestos mesothelioma which she developed as a result of having breathed in second-hand asbestos fibers as she shook out the work clothes of her husband and son, who worked at a power station.
There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure—secondary exposure caused, for example, by wives beating their husband’s dusty overalls as they hung on a washing line, or shaking them off in a doorway before putting them in a washing machine. Their husbands worked in industries such as mining, ship-building, construction, plumbing and electrical.
Children and even grandchildren have also been put at risk, running up to a returning parent to give them a hug as they return from work, or sitting on their knee as they wear their dusty work clothes. The risk of loved ones being accidentally exposed is unfortunate and just adds to the tragic legacy of asbestos. But as this latest case shows, it is something that family members need to be made aware of.
New Orleans, LA: Charles Carrone, a former electrician based in Louisiana and who was recently diagnosed with asbestos-related lung cancer, is suing several companies he claims are responsible for his diagnosis.
In his complaint, Carrone alleges he was exposed to asbestos during the course his career as an electrician, from 1950 to 1979. He alleges was exposed to asbestos through the course of handling products on United Fruit Company vessels at the New Orleans Riverfront, while working at Evans Cooperage and while providing maintenance to boilers at Coca-Cola.
The defendants are accused of using products that are unreasonably dangerous, failing to sufficiently warn of the hazards these products would present, failing to properly design these products when the nature of the product did not require use of asbestos mineral and defects in the composition and construction of products.
Carrone is seeking an unspecified amount in damages for medical costs, lost earnings, mental suffering, anguish, pain and suffering and disability.
Named defendants include Asbestos Corporation Ltd., Eagle Inc., Foster Wheeler Energy Corporation, McCarty Corporation, Maryland Casualty Company, Metropolitan Life Insurance Company, Owens Illinois Inc., Metropolitan Life Insurance Company, Ownes Ilinois Inc., Reilly-Benton Company, Taylor Seidenbach Inc., General Electric and Boland Machine & Manufacturing Company. (louisianarecord.com)
New Orleans, LA: David Punch, a retired pipefitter from New Orleans, was recently diagnosed with asbestos-related lung cancer and is consequently suing numerous companies he claims are responsible for exposing him to the deadly carcinogen.
In his asbestos lawsuit, Punch claims that from 1959-1973 he worked as an apprentice pipefitter at numerous sites in Louisiana for a variety of employers. During the course of those engagements, he alleges he was exposed to asbestos and asbestos-containing products. Further, he claims he contracted malignant mesothelioma, an incurable and terminal cancer as a direct result.
Punch alleges the defendants used and distributed products that are unreasonably dangerous, and that there was a lack of warning or of sufficient warning of the hazards of the products, negligence and failing to provide a safe working environment.
Punch is seeking an unspecified amount in damages for all his past present and future medical cost, mental suffering, physical pain and suffering, loss of quality of life and disability.
Named defendants include: Asbestos Corporation Ltd., Taylor-Seidenbach Inc., Eagle Inc., Rielly Benton Company, McCarty Corporation, Anco Insulations Inc., Union Carbide Corporation, The Cajun Company, Uniroyal Inc., Shell Oil Company, Occidental Chemical Corporations, E.I. Du Pont de Nemours and Company, Pharmacia Corporation, Whitney Holding Corporation, Chevron U.S.A Inc., Chevron Chemical Company LLC, Tin Inc., Lou Con, Inc., RMJ Properties LLC, Entergy Lousiana LLC, Gulf Engineering Company LLC, Maryland Casualty Company and Onebeacon Insurance Company. (louisianarecord.com)
New Orleans, LA: Family members of the recently deceased Nita Constant have filed an asbestos lawsuit alleging the defendant companies have ties to asbestos handling which resulted in Nita Constant’s developing asbestos related lung cancer and subsequently dying.
Anatole, Gerard, Timothy and Richard Constant filed suit against Asbestos Corporation Limited, Taylor-Seidenbach Inc., Eagle Inc., Rielly Benton Company, McCarty Corporation, Union Carbide Corporation, Burmaster Land and Development Co., Zurich American Insurance Company, CSR Limited and Metropolitan Life Insurance Company.
The plaintiffs allege in their asbestos complaint that Nita Constant was exposed to injurious levels of asbestos through asbestos fibers brought home by Anatole Constant as result of his work at Celotex Corporation and from environmental and neighborhood exposure to asbestos while residing on the West Bank.
The lawsuit claims that the defendants, which include miners, manufactures, sellers, suppliers and contractors of asbestos products, distribute and use of products that are unreasonably dangerous. The plaintiffs further allege negligence when concerning the safety of individuals, and wrongful death on the part of the defendants.
An unspecified amount in damages is sought for loss chance of survival, mental and emotional anguish, all present and future suffering and medical expenses..(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.
As fall begins to make its presence felt, many people may be looking at replacing or refurbishing their hot air furnaces. A popular way to heat a house, hot air furnaces have been sold in the millions across North America.
However, as one man discovered recently, the older models of hot air furnaces contain asbestos. While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.
As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it.
Charleston WV: The daughter of recently deceased Clinton Pitzer has filed an asbestos lawsuit naming 37 companies she claims are responsible for her father’s death. On February 25, Pitzer was diagnosed with lung cancer, from which he subsequently died on March 5.
In her lawsuit, Pitzer’s daughter, Tammy Timmons, alleges her father was exposed to asbestos and/or asbestos-containing products during his employment as a coal miner, a manager/operator of a coal mine and a laborer from 1954 until 1995.
Timmons 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.
Timmons is also suing certain defendants as premises owners and as Pitzer’s employers for deliberate intent/intentional tort.
The 37 defendants named in the suit include Caterpillar Inc.; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Fairmont Supply Company; FMC Corporation; Foster Wheeler Energy Corporation; Genuine Parts Company; Goulds Pumps Inc.; and Grinnell Corporation. (wvrecord.com)
Kingston, ON: An employer who allowed a worker to remove asbestos materials without ensuring the worker was trained and had appropriate equipment has pleaded guilty in court and fined a total of $25,000.
In November and December 2012, Kevin Kauffman of Toronto was involved in the process of obtaining approvals for the redevelopment of a property located at 522/524 Johnson Street in Kingston. The exterior of the semi-detached multi-unit dwelling was clad in tiles containing asbestos and more tiles were stored in the basement; the building required asbestos abatement and disposal. He hired a worker to remove the siding and tiles. The worker lived on-site while performing the work.
Although he contacted a Ministry of Labour office and was advised of the requirements under the Occupational Health and Safety Act of the regulations relating to asbestos, the defendant failed to follow through on the necessary equipment and precautions.
The regulations state that employers must provide every worker entering the work area with an approved respirator, and ensure that workers are trained in the hazards of asbestos exposure, including proper work practices and the use, cleaning and disposal of respirators and protective clothing. The worker did not receive any form of asbestos training and was given a rubber mask and paper dust masks.
The defendant pleaded guilty in a Kingston court to failing as an employer to ensure that the measures and procedures prescribed by law were carried out. He was fined a total of $25,000.
The fine was imposed by Justice of the Peace Jack Chiang. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime. (newsontario.ca)
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.
Back-to-school is just around the corner. Many children will be heading back to classrooms in older buildings all across the country. But those hallowed halls of learning may house something unsuspected and deadly—asbestos. Lately, many older schools have undergone asbestos removal and refurbishment.
Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.
Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.
Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.
For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html
Charleston WV: The daughter of the late Phillip D. Ohlinger, who died from asbestos-related lung cancer, has filed an asbestos suit naming 47 defendants. Mr. Ohlinger was diagnosed with lung cancer in March and died on July 9, according to court documents.
In her asbestos lawsuit, Ann Ohlinger claims that between 1953 and 1992 the defendants exposed her father to asbestos during his employment as a sales person, laborer, furnace stoker and maintenance worker.
Ms. Olinger is suing the defendants based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.
Further, Ms. Olinger is suing certain defendants as premises owners and as Phillip Ohlinger’s employers for deliberate intent/intentional tort. She is seekinga jury trial to resolve all issues involved.
The named defendants include: 3M Company; A.W. Chesterton Company; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; American Electric Power Service Corporation; Beazer East Inc.; Brand Insulations Inc.; Catalytic Construction Company; Caterpillar Inc.; and Certainteed Corporation were some of the 47 defendants named in the suit. (wvrecord.com)
Charleston, WV: 82 companies have been named as defendants in an asbestos lawsuit brought by Travis and Linda Jean Simons. In their lawsuit, the couple allege Mr. Simons has sustained asbestos-related illness resulting from his asbestos exposure during the course of his employment.
On November 13, 2012, Travis Simons was diagnosed with an asbestos-related lung injury. The Simons claim the 82 defendants exposed Travis to asbestos during his employment as a laborer from 1968 until the present.
The defendants are being sued based upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Additionally, certain defendants are also being sued as premises owners and as plaintiff’s employers for deliberate intent/intentional tort.
Philadelphia, PA: A 53-year old business has been indicted on five counts of illegal removal of asbestos. The indictment comes after a grand jury investigation, according to the U.S. Attorney’s Office in Philadelphia. If convicted, David Mermelstein of Elkins Park faces a maximum possible sentence of 25 years imprisonment and a fine of $1.25 million.
Mr. Mermelstein who owns a business in Willow Grove, purchased a furniture warehouse in Northeast Philadelphia. According to the indictment, Mermelstein operated the business under the name Red, White and Black Furniture at 10175 Northeast Ave.
The warehouse was old, and had asbestos insulation around its pipes which ran throughout the building. The indictment alleges that from September 2009 through April, 2010, after learning the cost of proper asbestos removal, Mermelstein hired day laborers instead of licensed asbestos contractors to remove asbestos from the commercial property. Mermelstein then directed the removal of asbestos by these laborers without telling them they were removing asbestos and without proper safety equipment and “in a manner that did not comply with asbestos work practice standards” required by federal law.
The Environmental Protection Agency, the City of Philadelphia’s Air Management Services investigated the case, which is being prosecuted by Assistant U.S. Attorney Virgil B. Walker and Special Assistant U.S. Attorney Patricia Miller. (montgomerynews.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.
First responders in the aftermath of Hurricane Sandy’s devastation are being screened for respiratory illnesses resulting from exposure to toxic compounds including asbestos. Hurricane Sandy destroyed or damaged tens of thousands of homes and businesses on the Eastern seaboard when it struck on October 29, 2012. Many of those structures were old enough to contain asbestos, and this poses a significant danger to clean-up and remediation crews, as well as homeowners who may attempt repairs on their own.
According to nj.com, health officials have been warning Toms River residents that even though they were allowed back into their hurricane-damaged homes, it was essential to avoid mold-infested, asbestos-laden and contaminated buildings because of the risk of respiratory problems.
“It’s always in the back of your mind because of 9/11. You just don’t know,” Toms River spokeswoman Debbi Winogracki said of the Mayor Thomas Kelaher’s concerns about breathing problems in the wake of major disasters such as the attack on the World Trade Center.
The US Environmental Protection Agency (EPA) warns that asbestos may be found in a wide variety of construction items, and states that cleanup at homes and businesses after a natural disaster can cause people to be exposed to asbestos containing materials found in:
• Boiler/pipe insulation
• Fireproofing
• Floor tiles
• Roofing shingles and tiles
• Transite boards used in laboratory tabletops and in acoustic panels in auditoriums, music rooms and phone booths.
Charleston, WV: 39 companies have been named as defendants in an asbestos lawsuit filed by the family of recently deceased Danny Ray Kincaid Sr.
Mr. Kincaid Sr. was diagnosed with lung cancer in April 2012, and subsequently died on June 15, 2012, according to the lawsuit.
Jesse E. Kincaid and Mary C. Kincaid allege Danny Kincaid was exposed to asbestos during his employment as a crane operator and dust collector technician from 1973 until 2008. The plaintiffs are suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.
The defendants include: A.W. Chesterton Company; Caterpillar Inc.; Certainteed Corporation; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Elkem Chemicals Inc.; Elkem Materials Inc.; and Elkem Metals Company – Alloy LP. Thirty-nine defendants were named in the asbestos lawsuit. (wvrecord.com)
St. Clair County, IL: A retired railroad employee who has developed throat cancer alleges his illness was caused by his being exposed toxic fumes during nearly four decades of work for Union Pacific Railroad. Timothy Zastava filed a an asbestos lawsuit July 19 naming Union Pacific Railroad Company as the defendant.
In his lawsuit, Zastava claims he worked for Union Pacific Railroad from 1972 through 2010. During that time, according to his lawsuit, he was exposed to second-hand cigarette smoke, diesel exhaust and asbestos. Zastava alleges that long-term exposure led to his diagnosis of esophageal cancer.
Zastava further alleges Union Pacific Railroad was negligent in failing to provide a safe work environment. He contends the railway violated the Federal Employers Liability Act and asks for more than $50,000 in damages for medical expenses and court costs. (madisonrecord.com)
New Orleans, LA: Luby Anthony Baio has filed an asbestos lawsuit against numerous defendants he alleges exposed him to asbestos that result in his developing asbestos-related lung cancer, asbestos mesothelioma.
The named defendants are: Asbestos Corp. Ltd., Taylor-Seidnbach Inc., Eagle Inc., Reily-Benton Co. Inc., Mccarthy Corp., Burnmaster Land and Development Co. LLC, Zurich American Insurance Co., CSR Ltd., Sud-Chemie Inc., Clariant Corp., Gulf Belting & Gasket Co. and Uniroyal Inc.
In his lawsuit, Baio alleges that during his course of working and living on the West Bank, he was exposed to and inhaled significant qualities of asbestos with no knowledge that the asbestos was dangerous.
The defendants, which include mining companies, manufactures, sellers, suppliers and contractors of asbestos products, are accused of distribution and use of products that are unreasonably dangerous, negligence when concerning the safety of individuals and as liable for the Baio’s illness
An unspecified amount in damages is sought for wrongful death, mental and emotional anguish, medical expenses and suffering.(louisianarecord.com)
Baton Rouge, LA: The Dow Chemical Company was found liable on all counts in a civil lawsuit filed in Louisiana state court relating to its use of asbestos and allegedly causing cancer in its workers. The case was decided by a Plaquemine, Louisiana jury, which awarded $5.95 million in damages.
Dow Chemical’s Louisiana division is headquartered in Plaquemine, LA. The Dow Plaquemine Plant is the largest chemical plant in the petro-chemical industry rich state.
The lawsuit alleged that exposures to asbestos at Dow Chemical caused Sidney Mabile’s terminal asbestos cancer, mesothelioma. Mabile’s attorneys alleged in the lawsuit that Dow has exposed thousands of workers to asbestos, and that Mabile is only one of hundreds of future asbestos cancer victims also exposed at Dow.
Court documents revealed that Dow has continued to use tons of raw asbestos in its chemical manufacturing facilities throughout the world. Internal Dow documents showed that Dow lobbied to oppose the Environmental Protection Agency’s proposed ban of asbestos. Court documents suggested that Dow performed a “cost per cancer” analysis and determined that it would cost Dow over $1.2 billion to switch all of its plants to non-asbestos processing methods.
Dow was successful in lobbying the Environmental Protection Agency to allow Dow to continue using raw asbestos in its United States chemical plants. Dow has continued to fight the ban of asbestos in other countries. The European Trade Union Confederation explains that an “[o]pposition to a blanket asbestos ban now seems to come only from Dow Chemicals.” (heraldonline.com)