Posts Tagged ‘ Asbestos Mesothelioma ’
Asbestos News Roundup: 7.11.13 – WWII Navy Vet Asbestos Exposure
July 11th, 2013. 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 Disease and WWII Veterans
Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbestos-related diseases.
Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos-related cancers.
Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.
Asbestos Lawsuits
Bangkok, Thailand: Johannes Weber, a US veteran based in Thailand, has filed a $5-million lawsuit in federal court against the US Department of Veterans Affairs and the US Navy for his asbestos-related lung disease. Weber alleges he developed the asbestos disease as a result of being exposed to asbestos fibers when he served in a US Navy vessel in 1972 and 1973.
Weber is suing the U.S. Navy for negligence. He alleges he was under orders from his then military superiors to perform work in the engineering spaces of a US Navy vessel which contained asbestos, and he was not supplied with appropriate safety equipment.
In his complaint, Weber has asked that the US Department of Veterans Affairs pay him for his medical costs associated with treatment of a service-related disability. He has also asked that the court award damages to his common-law wife, Khawannuedee Boonjan, who is in Thailand, should he die before the court can rule on the asbestos lawsuit.
According to his lawsuit, Weber’s lung disease has caused him to be 100 percent disabled. He alleges he was discharged under honorable conditions.
Weber further claims that he needs regular aid and can no longer travel on commercial airlines because of the pressure it exerts on his lungs.
He alleged that the Department of Veterans Affairs is not paying for his medical costs in Thailand for his service-related asbestos injury. (saipantribune.com)
Charleston, WV: Richard P. Wade has filed an asbestos lawsuit naming 154 companies he claims are responsible for his asbestos-related lung cancer.
Wade, who was diagnosed with lung cancer in June 2012, claims the 154 defendants exposed him to asbestos and/or asbestos-containing products during his employment.
Wade further claims the defendants failed to advise him of the health risks of their asbestos and asbestos-containing products; failed or omitted to provide Wade with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliance; and failed or omitted to place any warnings or sufficient warnings on their containers.
As a direct result of his lung cancer, Wade alleges he suffered severe conscious physical pain and suffering and lost earnings and net accumulations. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
The 154 defendants in the suit include: 84 Lumber Company; A.O. Smith Corporation; A.R. Wilfley & Sons Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Electric Power Company Inc.; American-Marsh Pumps; American Optical Corporation; and Anderson Greenwood & Co.
Charleston, WV: The widow of the late Arthur William Bautista has filed an asbestos lawsuit naming 49 defendants, which, she alleges are responsible for his asbestos lung injury and resulting death.
According to the asbestos lawsuit, Arthur William Bautista was diagnosed with lung cancer on Aug. 25, 2011, from which he died on November 7, 2011.
Gloria Bautista claims in her lawsuit, that her late husband was exposed to asbestos and/or asbestos-containing products during his employment at various work sites in West Virginia from 1971 until 2011.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
The 49 defendants include: 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; Brand Insulations Inc.; BW/IP Inc.; CBS Corporation; Certainteed Corporation; Cleaver-Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulvan Inc.
How Much Asbestos is Safe?
July 10th, 2013. By LucyC
Is There a Safe Level of Asbestos Exposure?
On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure—and urging Americans to learn about the dangers of asbestos exposure. In short, the message is that there is no safe level of asbestos exposure.
In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”
Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.
Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.
The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:
Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.
Asbestos News Roundup: 7.4.13 – First Responders & Asbestos
July 4th, 2013. 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.
First Responders & Asbestos
In June, a Salvation Army Thrift Store in Philadelphia collapsed, killing six people. The building was in the process of being demolished, but hadn’t been checked for asbestos. First responders are now asking if there was asbestos in the building—they are worried for their health and possible risk for asbestos-related diseases such as mesothelioma and asbestosis.
The building, located at 22nd and Market Streets, collapsed on June 5. Firefighters were called to the scene as first responders, but were not wearing gear that would protect them from asbestos. In fact, reports indicate there were 125 emergency crews at the site, some of whom were there for hours. The rescue and recovery efforts ran from 10:45 am on Tuesday until late in the day on Wednesday.
First responders are just some of the people who may be at risk for asbestos exposure from work in old buildings. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:
• Brake repair mechanic
• Carpenter
• Demolition worker
• Dry wall finisher
• Electrician
• Insulation installer
• Miner
• Pipe or steam fitter
• Plumber
• Roofer
• Shipyard worker
• Vermiculite processing plant worker
• Welder
The ATSDR also states that outdoor workers, such as construction workers, landscapers, and excavators might be exposed to naturally occurring asbestos found above the ground through activities that crush asbestos-containing rock or stir up dust in soils that contain asbestos.
Asbestos Lawsuits
New Orleans, LA: Elizabeth Gailyne Sutherland has filed an asbestos lawsuit against numerous defendant companies, which, she alleges, contributed to her asbestos exposure and resulting asbestos mesothelioma.
Mrs. Sutherland suffered secondhand or ‘take home’ asbestos exposure. In her lawsuit, she asserts her husband’s work for the defendants resulted in her inhalation of asbestos containing material and contraction of mesothelioma.
The defendant companies are: Alma Plantation LLC, Anco Insulation Inc., Arrowood Indemnity Company, Eagle Inc., Liberty Mutual Insurance Company, Metropolitan Life Insurance Company, Taylor-Seidenbach Inc. and the McCarty Corporation in the Orleans Parish Central District Court on March 11.
The asbestos lawsuit accuses the defendants of knowing the hazard their material contained but failing to warn petitioner, her husband and others of the potential danger of contact with the material, failing to provide safety equipment, failing to provide general ventilation in work areas, failing to warn that asbestos dust could be carried on the employee’s clothing and expose members of their households and selling, distributing and manufacturing asbestos containing products.
Mrs. Sutherland is seeking an unspecified amount for physical pain and suffering, medical expenses and rehabilitation, loss of earning and disability. (louisianarecord.com)
St. Clair County, IL: a Federal Employers’ Liability Act suit has been filed by Howard Sturgeon in alleging he was exposed to asbestos during his 28 years as a communications technician at CSX Transportation.
Specifically, Sturgeon claims through the course of his work, which involved wiring buildings and working in buildings that contained asbestos, he was exposed and inhaled asbestos.
According to the complaint, CSX: negligently and carelessly failed to provide a safe place to work; failed to warn of the presence and hazards of asbestos; failed to provide proper safety equipment; failed to provide safe buildings and equipment; and failed to provide safe methods of work.
As a result of his asbestos exposure, Sturgeon claims he has developed severe and permanent injuries to his lungs, respiratory system and body, all of which cause him to suffer great pain and mental anguish, lose money and earnings he otherwise would have earned and caused him to spend money for medical expenses.
Sturgeon is seeking damages in excess of $50,000. (madisonrecord.com)
Asbestos Settlements
Bloomington, IL: The family of Jake Lilienthal, who died in 2009 from asbestos lung disease, has been awarded $1.4 million in damages, by a McLean County jury.
According to the attorneys for the Lilienthals, Jake Lilienthal developed from his work for the GM&O Railroad from 1957 to 1972 at rail yards on Bloomington’s west side. His asbestos exposure continued after he transferred to the company’s shops in Paducah, KY, the lawsuit alleged.
After just two weeks, the jury found the railroad had knowledge of the hazards of asbestos and failed to warn Lilienthal, who is survived by his wife. (pantagraph.com)
Asbestos News Roundup: 6.20.13 – Are You at Risk for Asbestos Exposure?
June 20th, 2013. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos Exposure—Who’s at Risk?
A $7.5 million asbestos lawsuit settlement was recently awarded to construction worker who developed a highly aggressive cancer after his exposure to asbestos. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.
But construction workers aren’t the only people at high risk for asbestos disease. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:
• Brake repair mechanic
• Carpenter
• Demolition worker
• Dry wall finisher
• Electrician
• Insulation installer
• Miner
• Pipe or steam fitter
• Plumber
• Roofer
• Shipyard worker
• Vermiculite processing plant worker
• Welder
The ATSDR also states that outdoor workers, such as construction workers, landscapers, and excavators might be exposed to naturally occurring asbestos found above the ground through activities that crush asbestos-containing rock or stir up dust in soils that contain asbestos.
Asbestos Lawsuits
Gretna, LA: Julie Lavigne, the ex-wife of the late Michael Kenneth Lavigne, has filed an asbestos lawsuit against Shell Oil Company, Shell Chemical, Shell Chemical Company, Kellogg Brown & Root Inc., Brown & Root Inc., Lenny’s Plumbing Inc. and American Do All Corporation. The lawsuit contends that the companies exposed her ex-husband to asbestos through the course of his work for them, and as a result, she was secondarily exposed to asbestos, which resulted in her diagnosis of lung cancer. On August 6, 2012, Julie Lavigne was diagnosed with mesothelioma, a type of lung cancer caused by asbestos exposure.
According to the lawsuit, Lavigne shared a home with Michael Kenneth Lavigne from 1990 until 2008. During that time he worked for Kellog Brown & Root Inc., Shell Oil Company and Shell Chemical that included removing pipes and insulation, repairing old pipes that were insulated with asbestos and the handling and removal of the asbestos insulation itself.
The defendants are accused of failing to warn employees regarding the health hazards associated with asbestos exposure, failing to warn their employees against bringing asbestos-contaminated clothes home for laundering, failing to provide special work clothes which could be removed at the end of the work day, and not require home laundering, failing to provide showers at the workplace to enable employees to clean off asbestos dust and fibers before returning home, failing to advise employees that asbestos was an extremely dangerous substance, failing to implement adequate engineering controls to eliminate or substantially reduce their employee’s exposure to asbestos, failing to use asbestos-free insulation and other building products and failing to totally isolate and work activity to prevent asbestos exposure.
An unspecified amount in damages is sought for physical pain and suffering, mental pain and suffering, emotional distress, fear of dying, loss of enjoyment of life, medical expenses, disfigurement, embarrassment, physical impairment, loss of wage compensation, loss of fringe benefits, lost earning capacity, physical disability, mental disability, emotional and psychological anguish and distress, expert expenses, litigation costs, medical costs, loss of society, wrongful death and survival. (louisianarecord.com)
Charleston, WV: The Newsomes, from Jackson, Ohio, are suing 42 companies they allege responsible for a lung injury diagnosis. Ronald Newsome was diagnosed with asbestosis and pleural plaques on September 10, 2012.
According to their lawsuit, Mr. Newsome was exposed to asbestos and/or asbestos-containing products during his employment as a mixer, laborer and other various trades from 1958 until 1992.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
Certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 42 defendants include 3M Company; A.W. Chesterton Company; Brand Insulations Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; Copes-Vulcan Inc.; Crane Company; and Crown, Cork & Seal USA Inc.(wvrecord.com)
Asbestos Settlements
Jefferson County, TX: The children of the late Barney Tarver have settled their suit against Chevron USA and Union Oil of California, which alleged the companies negligently exposed their father to asbestos throughout his career. No details of the settlement have been made public.
The lawsuit, filed on behalf of Mr. Tarver’s estate on March 6, 2012, alleged that Barney Tarver was employed at the Gulf Oil Refinery in Jefferson County, where he was exposed to asbestos dust and fibers. As a result of his asbestos exposure, Tarver developed mesothelioma and died on January 27, 2012.
The lawsuit accused the defendants of negligently failing to warn workers of the dangers of asbestos. The plaintiffs were suing for punitive and exemplary damages. (setexasrecord.com)
Asbestos News Roundup: 6.13.13 – Family Asbestos Exposure
June 13th, 2013. 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 Disease A Family Affair
The recent case of an 82-year old woman recently diagnosed with asbestos mesothelioma has highlighted how asbestos dust represented a danger not just to those who worked in heavy industry, but also to their wives and children.
Mrs. Grigg was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.
Mrs. Griggs’ case, sadly, is not an isolated incident. There are many cases of family members developing asbestos disease as a result of secondary asbestos exposure, 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.
Asbestos Lawsuits
Pittsburgh, PA: 72-year old Michael A. Hrycko, and is wife Joyce Hrycko have filed an asbestos civil suit against various companies engaged in the manufacture and distribution of products containing the fiber.
In their lawsuit, the Hrycko’s claim that Michael Hrycko was advised by doctors at Grandview Hospital in February 2012 that he has malignant mesothelioma, a type of cancer usually associated with asbestos exposure.
Hrycko worked as a machinist at various companies between 1960 and 2007. According to the lawsuit, it was during this period that Mr. Hrycko was exposed to asbestos-containing materials and asbestos dust and fibers which led to his eventual mesothelioma diagnosis.
The lawsuit states the asbestos mesothelioma is causing the plaintiff to experience “physical symptoms, impairment and disability.”
The defendants named in the asbestos lawsuit are: CBS Corp., Industrial Holdings Corp., Metropolitan Life Insurance Co., Plastics Engineering Co., Saint-Gobain Abrasives Inc., and Union Carbide Corp. (pennsylvaniarecord.com)
Asbestos Settlements
Oakland, CA: On June 5, 2013, an Oakland jury completed its award to plaintiffs Rose-Marie and Martin Grigg of a total of $27,342,500 in damages stemming from Mrs. Grigg’s asbestos-caused mesothelioma (Alameda County Superior Court Case No. RG12629580). Mrs. Grigg, now 82, was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.
Evidence introduced during trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on Kaylo showed that exposure to the asbestos in the product could cause fatal disease.
According to court documents, Owens-Illinois nonetheless advertised Kaylo as “non-toxic” and did not state that the product contained asbestos. Kaylo was packaged in boxes without warning about the health hazards associated with asbestos exposure.
The jury found that Owens-Illinois, Inc. manufactured a defective product, failed to adequately warn Mrs. Grigg, was negligent, and intentionally failed to disclose information about Kaylo-related health hazards to Mrs. Grigg. The jury also found that Owens-Illinois, Inc. acted with malice, oppression or fraud toward Mrs. Grigg.
The jury awarded Mrs. Grigg $12,000,000 in damages for her pain and suffering, Mr. Grigg $4,000,000 in damages for his loss of consortium, and $342,500 in economic damages. The jury also levied an $11,000,000 punitive damages verdict against Owens-Illinois, Inc. (prweb.com)
Asbestos Law
Falls City, NB: Vision 20-20, a Nebraska company, has been fined $25,000 for illegally disposing of asbestos. in an effort to save money. The company pled guilty to the illegal asbestos dumping, claiming it was an effort to save money.
According to a report by the Associated Press, In October 2010 Vision 20-20 hired an asbestos removal firm to work on a building scheduled for demolition. The asbestos abatement company was paid $24,000 for services to the roof, but additional work remained on floor tiles and flooring underneath the tiles. The company returned to the demolition site several months later to continue the work only to find the building had been demolished.
State officials determined Vision 20-20 illegally removed the asbestos and demolished the building in order to save $14,000.(SFGate.com)
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