Posts Tagged ‘ Asbestos Mesothelioma ’
Asbestos News Roundup: 6.3.13 – Asbestos & Summer Renovations
June 7th, 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.
Summer Renovation and Asbestos Exposure Risk
As summer heats up, many people may be considering a home renovation—large or small— decks, garden sheds, new siding or roofs—even new rooms.
But before you go smashing through walls and ripping out old insulation, piping and wiring or roofing tiles—do your homework. Dangers may lurk within the walls, ceilings or floors. If your home is older, chances are it contains asbestos.
For example, asbestos siding was commonly used in construction years ago, making older homes a danger zone for asbestos mesothelioma. Like flooring, siding material was covered by asbestos to make it more durable and fire retardant. When these materials are disturbed—ripped off or torn out for example, they release asbestos fibers into the air, which people in immediate proximity then breathe in.
Equally important, when considering renovations, is hiring a reputable contractor who has the appropriate qualifications and licensing to remove asbestos.
Asbestos Lawsuits
Charleston, WV: The Newsomes, a couple from Jackson, OH, have filed an asbestos lawsuit naming 42 companies they claim are responsible for Ronald Newsome’s lung injury diagnosis. On September 10, 2012 Mr. Newsome was diagnosed with asbestosis and pleural plaques, according to his lawsuit.
Ronald Newsome worked as a mixer, laborer and at other various trades from 1958 until 1992. Both he and his wife, Patsy Newsome, allege the defendants exposed him to asbestos and/or asbestos-containing products during this period.
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.
Additionally, certain defendants are also being sued as premises owners and as Ronald Newsome’s employers for deliberate intent/intentional tort.
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)
Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit brought by a couple who allege the companies are responsible for a lung injury caused by asbestos exposure. John B. Kenyon was diagnosed with bilateral pleural plaques, on May 11, 2011, according to the lawsuit.
Mr. Kenyon and his wife, Peggy E. Kenyon, allege he was exposed to asbestos and/or asbestos-containing products during his employment as an estimator, warehouse employee/delivery person and sales person form 1964 until 2002.
The Kenyons are suing the defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.
Certain defendants are also being sued as premises owners and as Kenyon’s employers for deliberate intent/intentional tort, according to the suit.
The Kenyons are seeking a jury trial to resolve all issues involved. The 67 defendants include 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)
Asbestos News Roundup: 5.23.13 – Oklahoma Tornado Asbestos Risk
May 23rd, 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 Debris After F5 Tornado in Moore, OK
Photographs of the devastation wreaked by the F5 tornado that tore through the town or Moore, OK earlier this week, cannot accurately convey the full risk residents face as they begin cleaning up. Apart from sharp metal and electrical debris, contaminated water, lead paint and broken glass, there is the very real risk exposure to asbestos.
As was done following the tornado that flattened Joplin, MO, nearly two years ago to the day, the experts are warning that many of the homes in Moore were built with asbestos. In Joplin, 2,600 tons of asbestos debris were removed following the 2011 tornado. A similar scenario could be facing residents of Moore.
There was a building boom in Moore in the 1960s and 1970s, at least a decade before the dangers of asbestos became publicly known, and a time when asbestos was widely used in the construction industry. Many houses and other buildings in Moore likely contain asbestos—in roofing tiles, electrical insulation, toilet gaskets, furnaces, and dry wall mud, for example.
Because the chronic health effects of asbestos exposure may not become apparent for up to 30 years, the experts are recommending caution when cleaning up—wearing gloves and masks at a minimum.
You can find comprehensive recommendations for cleanup can be found at the Oklahoma Department of Environmental Quality’s website: http://www.deq.state.ok.us/tornado/tornado.html
Asbestos Lawsuits
New York, NY: An asbestos lawsuit has been filed on behalf of Moriah Center, NY, resident, Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper Mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry in the late 19th century. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
Jefferson County, TX: Chevron USA is facing an asbestos lawsuit filed by the children of the late Nathan Guillory. In their lawsuit, Randall Guillory, Lindall Guillory and Beth Harper allege the company exposed their father, Nathan Guillory, to asbestos dust and fibers. As a result, he developed asbestos related diseases and died on May 23, 2011.
The suit alleges Chevron knew for decades that asbestos could cause cancer and yet still allowed employees to work around the mineral without warning them of the dangers.The plaintiffs are suing to recover exemplary damages. (setexasrecord.com)
Asbestos Lawsuits and Bankruptcy
In a recent ruling, US Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware has determined that Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), may owe current and future victims of asbestos poisoning $1.17 billion.
Bloomberg USA is reporting that “the judge sided with lawyers representing asbestos claims and rejected the method Bondex and Specialty Products Holding Corp. used to estimate they owed no more than $575 million.”
“We decline to accept debtors’ novel approach in this case,” Fitzgerald wrote in her opinion.
In May, 2010, Bondex and Specialty Products filed for bankruptcy in May 2010. (Bloomberg.com)
Asbestos News Roundup: 5.16.13 – Wildfire Asbestos Exposure
May 16th, 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.
California Wildfire Asbestos Exposure
As wild fires devastate homes in southern California, many people will be faced with cleaning up and rebuilding, and may be at risk for asbestos exposure. Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.
According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”
In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.
Asbestos Lawsuits
Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit filed by John B. Kenyon and his wife Peggy E. Kenyon. Diagnosed with bilateral pleural plaques on May 11, 2011, Mr. Kenyon alleges the defendants caused his lung injury by exposing him to asbestos.
The Kenyons’ lawsuit alleges Mr. Kenyon was exposed to asbestos and/or asbestos-containing products from 1964 until 2002, throughout his employment as an estimator, warehouse employee/delivery person and sales person.
Kenyon is suing the defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.
Certain defendants are also being sued as premises owners and as Kenyon’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 67 defendants include: 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)
Charleston, WV: On January 7, 2013, Jimmie Elliott Epling Sr, was diagnosed with asbestos mesothelioma. In his recently filed asbestos lawsuit, he and his wife, Ernestine Epling, name 56 companies they claim are responsible for his diagnosis.
The couple allege the defendants exposed Mr. Epling to asbestos and/or asbestos-containing products during his employment as an orderly, machinist and operator from 1952 until 2000.
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. Certain defendants are also being sued as premises owners and as Epling’s employers for deliberate intent/intentional tort.
The 56 defendants named in the suit include: 3M Company; A.W. Chesterton Company; Amdura Corporation; Bucyrus International Inc.; Buffalo Pumps Inc.; CBS Corporation; Caterpillar Inc.; Clark Equipment Company; Certainteed Corporation; and Cleaver Brooks Company Inc. (wvrecord.com)
Jefferson County, TX: Chevron has been named as a defendant in as asbestos lawsuit brought by the children of the late Nathan Guillory. Randall Guillory, Lindall Guillory and Beth Harper allege Chevron USA exposed their father to asbestos dust and fibers throughout the course of his employment with the oil company. As a result, he developed asbestos related diseases and died on May 23, 2011, the lawsuit states.
The lawsuit claims Chevron knew for decades that asbestos could cause cancer and still allowed workers to work around the mineral without warning them of the dangers. (setexasrecord.com)
Asbestos News Roundup: 5.9.13 – Second-Hand Asbestos Risk
May 9th, 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.
Family Members at Risk for Asbestos Disease
The recent case of John Mays, below, who died from 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.
The lawsuit filed on behalf of the estate of the late John Mays, claims he suffered secondary asbestos exposure through his father who was a laborer. 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.
Asbestos Lawsuits
Schenectady, NY: An asbestos lawsuit has been filed on behalf of Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.
According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.
International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.
As per the asbestos lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)
St. Clair, IL: An asbestos lawsuit has been filed on behalf of Neda Flake-Mays, who is special administrator of the estate of John Mays, alleging 60 defendant companies caused Mays to develop lung cancer after his exposure to asbestos-containing products throughout his career.
According to the lawsuit, Mays worked as a bulldozer driver at Job Corps Cooking from 1963 until 1965, as flooring maker at E.L. Bruce from 1965 until 1967, as a wood paneling maker at Evans Products from 1967 until 1969 and as a chemical mixer and operator at Humko Chemical from 1969 until 1991. The complaint also claims Mays suffered secondary asbestos exposure through his father who was a laborer at Nikki Brothers.
Flake-Mays lawsuit claims the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ or their deceased relative’s safety.
As a result of his asbestos-related diseases, the lawsuit states Mays became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, Mays became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.
In her 10-count complaint, Flake-Mays is seeking a judgment of more than $150,000, economic damages of more than $200,000, punitive and exemplary damages of more than $50,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants, plus costs and other relief the court deems just.
Asbestos News Roundup: 5.2.13 – Navy Vets and Asbestos Risk
May 2nd, 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.
US Navy Veterans at Risk for Asbestos
US Navy Veterans are at high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits, for example. 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.
Asbestos Lawsuits
New Orleans, LA: several corporations are facing an asbestos mesothelioma lawsuit filed by a woman from St. Tammany Parish who alleges each company contributed to her contraction of the asbestos-related disease.
Sharon Laurent filed her asbestos lawsuit against CRS Limited, Eagle Inc., Georgia-Pacific LLC and Taylor Seidenbach in the Orleans Parish Central District Court.
Laurent alleges that due to her household exposure to asbestos containing products manufactured by the defendants she contracted mesothelioma.
The defendants are accused of lack of warning or sufficient and timely warning of the hazards of their products would present on the course of the normal and intended use, lack of safety instructions to eliminate or reduce the health risk associated with the use of their products and failing to inspect products to assure sufficiency and adequacy of warnings and safety precautions.
An unspecified amount is sought for all medical expenses, loss earnings, mental suffering, physical pain and suffering and loss of quality of life. (LAreceord.com)
Asbestos Clean Up
Columbia, MO: Residents of an apartment building in Columbia, who lost everything in a fire that all but consumed the building, have now learned that the fire, clean-up and subsequent rains have triggered a safe level of asbestos in the building to become toxic, said Melissa DeCicco, the marketing manager for Mills Apartments, the St. Louis-based company that owns the complex.
DeCicco said the asbestos has made it dangerous for residents to take back most of their possessions. “Anything of sentimental value, the contractor will try and get back in and have them cleaned for free, but those are the only things that we can really get out,” she said.
None of the residents of the 66 apartments will be able to move back in for a long time, DeCicco said, though how long is unknown. She couldn’t say exactly how many residents were displaced. (columbiamissourian.com)
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