Posts Tagged ‘ asbestos risk ’

Asbestos News Roundup: 12.5.13 – WHO Study Reports Toll of Asbestos Disease

December 5th, 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.

Millions of Potential Life-Years Lost to Asbestos Disease, WHO Study Shows

A recent analysis of data from the World Health Organization, shows that when the problem of mesothelioma and asbestosis, the two most prominent asbestos-related diseases, is analyzed in terms of life years lost, the burden is “substantial”.

Researchers in Japan and Indonesia found that a total of nearly 3 million potential life years have been sacrificed to these diseases by more than 141,000 people in dozens of countries. According to their WHO data analysis, 128,015 people died of mesothelioma in 82 countries between 1994 and 2010. During the same period, 13,885 people died of asbestosis in 55 countries.

Mesothelioma is a deadly malignancy that spreads across internal membranes, inhibiting organ function and often, eventually, invading the organs themselves. Asbestosis, also known as pulmonary fibrosis, is a chronic inflammation in the lungs that causes shortness of breath and chest pain and can be fatal. Both mesothelioma and asbestosis are triggered by prolonged or intense exposure to asbestos fibers and can develop decades after exposure.

According to the new study, which appeared in the June 12, 2013 issue of the American Journal of Industrial Medicine, people who died of mesothelioma lost a total of 2.81 million potential years of life. That equates to an average of 17 years lost for each mesothelioma patient. The 13,885 people who died of asbestosis lost an average of 13 years of life each, for a total of 180,000 years. The researchers call the Potential Years of Life Lost (PYLL) measurement a “well-established but rather under-utilized” tool for assessing global disease burden and conclude that “The future burden of asbestos-related diseases can be eliminated by stopping the use of asbestos.”

Asbestos has been linked to mesothelioma, asbestosis, lung cancer, emphysema, pleural plaques and autoimmune diseases for more than 50 years. Despite the mounting worldwide death toll, many countries continue to mine, import and use asbestos in a range of industrial applications. Asbestos was once prized as an insulator and building material because of its resistance to heat, fire and corrosion. A number of third-world countries still use asbestos because it is inexpensive.

Asbestos Lawsuits

St. Clair County, IL: John Garrigus has filed an asbestos lawsuit naming 69 defendant corporations, which, Garrigus alleges, caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

Garrigus worked as in the U.S. Air Force from 1972 until 1974, according to the complaint. He was also secondarily exposed to asbestos fibers through his father, who worked as a laborer at Clark Oil Refinery, the lawsuit states.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of his asbestos-related diseases, Garrigus became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

In his 10-count complaint, Garrigus is seeking a judgment of more than $100,000, economic damages of more than $150,000, compensatory damages of more than $200,000, punitive and exemplary damages of more than $50,000 and other relief the court deems just.

St. Clair County, IL: Margie Vail filed an asbestos lawsuit naming 51 defendant corporations. She filed the asbestos complaint on behalf of her recently deceased husband, Bobby G. Vail, who died on March 31, of asbestos-related illness.

Margie Vail alleges the defendant companies caused Bobby Vail to develop lung cancer after his exposure to asbestos-containing products throughout their careers. Bobby Vail worked in the U.S. Navy from 1948 until 1967 and as a maintenance worker and mechanic from 1969 until 1989.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Vail’s safety.

As a result of his asbestos-related diseases, Bobbie Vail became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiff claims.

Through her lawsuit, Margie Vail is seeking economic damages of more than $50,000, a judgment of more than $100,000, punitive and exemplary damages, compensatory damages of more than $100,000 and other relief the court deems just.

New Orleans, LA: Emile and Julia France have filed an asbestos lawsuit against four of Mr. France’s previous employers, namely Chevron U.S.A. Inc., McDermott Inc., Hess Corp. and Tate & Lyle Ingredients Americas. The asbestos lawsuit, filed in federal court in New Orleans, alleges Mr. France developed brain cancer after years of exposure to asbestos.

France worked for McDermott as an operator in 1962 for approximately six months and worked at Hess from approximately 1962 to 1964. He also worked for Tate & Lyle as a pumper and gauger from 1967 to 1971 and as an employee of Alliance Refinery from 1971 to 1976. It was during this period, the lawsuit states, that France was exposed to and inhaled significant quantities of asbestos and asbestos-containing products, resulting in his developing lung cancer, brain cancer, impaired pulmonary capacity, and reduced lung volume.

A Jones Act claim has been filed against defendant McDermott. While defendants Hess, Chevron, Tate & Lyle and McDermott are accused of negligence and strict liability for not providing respiratory protection or other personal protective equipment, not providing proper training in the proper safety procedures, failing to have the necessary equipment to perform the required work, failing to have properly trained and competent crew, and for failing to comply with applicable regulations and laws.

Through the lawsuit, Mr. France is seeking damages for pain and suffering, medical expenses, physical therapy, disability, emotional and psychological anguish and distress, loss of income, loss of enjoyment of life, loss of consortium, loss of service and loss of society, punitive damages, court costs, attorney’s fees, and interest.

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 11.28.13 – Hot Air Furnace Asbestos Risk

November 28th, 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.

Hot Air Furnace Asbestos Risk

While it may not officially be winter—it certainly seems as if it is in many parts of North America. Time to turn the heating on. But, if your hot air furnace is old, beware—it could 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. If you suspect your furnace could contain asbestos, get a professional in to take a look at it.

Asbestos Lawsuits

Galveston, TX: The family of a recently deceased oil refinery worker has filed an asbestos lawsuit naming 12 companies which they allege are responsible for the late John Biondo’s death.

According to court documents, the offspring of the late John Biondo launched the litigation against the defendants, chief among them General Electric Co. and CBS Corp. Biondo was employed at the Texas City Refining Inc. facilities from 1954 to 1994.

According to the original complaint, Biondo was “exposed to asbestos dust and/or fibers” during his course of employment, specifically prior to 1980. “As a result of his exposure to asbestos dust and/or fibers while employed by Texas City Refining Inc. John Biondo contracted asbestos-related mesothelioma which ultimately took his life,” the lawsuit claims.

Biondo’s family claim that there were defects in the design and marketing of “the defendants’ asbestos-containing products and/or machinery at the time they left the possession of the defendants,” insisting the companies had prior knowledge but failed to warn of the hazards. Biondo’s family is seeking unspecified monetary damages. (setexasrecord.com)

Asbestos Settlements

Jefferson County, TX: A settlement has been reached between the family of the late Romeo Vera and Chevron U.S.A. – the company the family Vera’s family alleges was responsible for his asbestos exposure and death.

Gaynell Vera and her three children filed the asbestos lawsuit April 11, 2011, alleging Vera was exposed to asbestos dust and fibers during the course of his employment by Gulf Oil Corp., now owned by Chevron, at its Port Arthur refinery. “As a result of such exposure, Romeo Vera developed an asbestos-related lung disease, for which he died a painful and terrible death on Oct. 26, 2009,” the lawsuit states.

“The defendant knew for decades that asbestos products could cause … cancer and sill allowed employees to work with and around asbestos products in the workplace.” The plaintiffs were suing for exemplary and punitive damages. (setexasrecord.com)

Harrisburgh, PA: A major victory for victims of occupational diseases was recently won in Pennsylvania, in a landmark decision, by the Pennsylvania Supreme Court. The decision reversed a Superior Court decision and recognized an employee’s right to bring a civil action against an employer for a latent occupational disease, such as asbestos mesothelioma.

In Landis v. A.W. Chesterton, et al. and Tooey v. A.K. Steel Corp., plaintiffs developed mesothelioma from years of work-related asbestos exposure. Under prior interpretations of the Workers Compensation Act in Pennsylvania, however, Landis and Tooey were unable to seek workers compensation benefits, or file civil action against their employer, because their mesothelioma did not manifest within 300 weeks of the date of last exposure.

The Pennsylvania Supreme Court ruled that the Act did not apply to latent occupational diseases, or diseases that might take years to develop and be diagnosed, and therefore victims were not prohibited from filing a common law claim against an employer.

In its written opinion, the court stated that interpretations should be “consistent with the humanitarian purposes of the Act,” and “resolve in favor of the employee.”

“It is inconceivable that the legislature, in enacting a statute specifically designed to benefit employees, intended to leave a certain class of employees who have suffered the most serious of work-related injuries without any redress under the Act or at common law,” the court wrote.

John Tooey worked as an industrial salesman from 1964 until 1982 and during his employment sold asbestos containing products, which caused him to be exposed to asbestos dust. In December 2007, Tooey developed mesothelioma and died less than one year later. Spurgeon Landis worked for a manufacturer of welding rods from 1946 until 1992 and, during his employment, he too was exposed to asbestos dust. Mr. Landis was diagnosed with mesothelioma in 2007 and died in 2012. (digitaljournal.com)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 11.21.13 – High Risk Jobs for Asbestos Exposure

November 21st, 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.

High Risk Asbestos Disease Occupations

Many workplaces in the US are now considered to have put workers at high-risk for asbestos exposure—decades ago. These include: US Navy, oil refineries, shipyards, chemical manufacturing facilities, aerospace manufacturing facilities, mines, smelters, coal fired power plants, construction work sites, auto repair shops, plumbers, welders, electricians, and most manufacturing, or industrial plants that were operating in the 1950s, 1960s, 1970s, or 1980s.

Sadly, many individuals who served in the US Navy, worked at a power plant, an oil refinery, or a shipyard decades ago are now being diagnosed with asbestos disease—the average age of diagnosis of asbestos mesothelioma is 72 years, according to the Centers for Disease Control, (CDC).

Although strict regulations about the use of asbestos have been put in place, the potential for asbestos exposure remains. In 2009, the CDC reported:

“Although asbestos has been eliminated in the manufacture of many products, it is still being imported (approximately 1,730 metric tons in 2007) and used in the United States in various construction and transportation products. Ensuring a future decrease in mesothelioma mortality requires meticulous control of exposures to asbestos and other materials that might cause mesothelioma. Recent studies suggest that carbon nanotubes (fiber-shaped nanoparticles), which are increasingly being used in manufacturing, might share the carcinogenic mechanism postulated for asbestos and induce mesothelioma, underscoring the need for documentation of occupational history in future cases.” The full report can be accessed at the CDC’s webpage.

Asbestos Lawsuits

Madison County, IL: Lavail Gulledge filed an asbestos lawsuit against 68 defendant corporations on behalf of her father, Bobby Gulledge. Lavail Gulledge alleges in her lawsuit, that the defendant companies caused her father to develop lung cancer due to his exposure to asbestos-containing products throughout his career. Mr. Gulledge died of asbestos disease on August 4, 2012.

Bobby Gulledge worked as a boiler tender in the US Navy from 1955 until 1958, as a self-employed mechanic from 1958 until 1975, as a pipefitter at Ingall’s Shipyard from 1975 until 1979 and from 1985 until 2001, as a pipefitter at BAE Systems Shipyard from 1979 until 1980, as a pipefitter at Avondale Shipyard from 1980 until 1983 and as a self-employed roofer from 1983 until 1984.

Lavail Gulledge claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for her father’s safety.

Further, Ms. Gulledge alleges that as a result of his asbestos-related disease, her father became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Mr. Gulledge was therefore prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

Lavail Gulledge is seeking economic damages of more than $200,000, a judgment of more than $100,000, punitive and exemplary damages, compensatory damages of more than $100,000 and other relief the court deems just. (madisonrecord.com)

Madison County, IL: Colin Crumpton has filed an asbestos lawsuit naming 75 defendant corporations. In his complaint, Crumpton alleges the defendant companies caused him to develop lung cancer as a result of exposing him to asbestos-containing products throughout his career.

Crumpton worked as an electrician aboard the USS Stribling-DD867 from 1962 until 1964, as an electrician at Georgia Power Harllee from 1964 until 1965, as an electrician at Brosman Yard Rail Road from 1964 until 1966, as an electrician at Sinclair Office Building in 1967, as an electrician at Georgia Kraft in 1968 and as an electrician at Pabst Blue Ribbon Refinery from 1968 until 1970, according to the complaint.

As a result of his asbestos-related diseases, Mr. Crumpton became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.

In his 11-count complaint, Crumpton is seeking a judgment of more than $200,000, economic damages of more than $150,000, compensatory damages of more than $50,000, punitive and exemplary damages of more than $100,000 and other relief the court deems just.

New Orleans, LA: An asbestos lawsuit has been filed by Merlin P. Landry, against 31 defendant companies. In his asbestos complain Landry state he developed asbestos mesothelioma as a result of living in close proximity to asbestos manufacturing plants and from exposure through his father.

According to the complaint, Landry was exposed to hazardous levels of asbestos from three sources: living in proximity to asbestos manufacturing plants and scrap metal depositories from 1949 to the 1960s and from fibrous asbestos brought home by his father, who was employed as a draftsman at Avondale Shipyard and Walk Haydel Inc.

In the complaint, the defendants are accused of strict liability for mining, manufacturing, selling, supplying, distributing, and using inherently dangerous, hazardous product, for failing to report, design, safety instructions, and warn, for the defective composition of their products, failure to recall defective products, and for defective packaging. Employers are accused of creating an unsafe work environment, omitting critical medical and safety information from the plaintiff’s father, and failing to supervise or monitor the situation.

Landry is seeking an undisclosed amount for medical costs and expenses, lost earnings, mental suffering, anguish, and pain, physical pain and suffering, loss of quality of life and disability.

Landry names 31 defendant companies including those classified as miners/manufacturers/sellers/distributors/contractors, specifically: ANCO Insulations Inc., Asbestos Corporation Ltd., Zurich American Insurance Co., Burmaster Land & Development Co. LLC, Eagle Inc., Hopeman Brothers Inc., International Paper Co., Liberty Mutual Insurance Co., McCarty Corp., Owens Illinois Inc., Metropolitan Life Insurance Co., Reilly-Benton Co., Taylor-Seidenbach Inc., Uniroyal Inc. and Viacom Inc.

Employer/premise owner/executive officer defendants are Avondale Industries, OneBeacon Insurance Co., Union Carbide Corp., Murphy Oil USA, Chevron USA Inc., Shell Oil Co., Shell Chemical, Pharmacia Corp., URS Corp., Wyeth Holding Corp. and ExxonMobil.

Insurance defendants are Maryland Casualty Co., Continental Insurance Co., Federal Insurance Co., Travelers Casualty & Surety Co. and Insurance Company of North America.

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 11.14.13 – US Representative Files Asbestos Lawsuit

November 14th, 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.

Most recently, congresswoman Carolyn McCarthy (D-NY) has filed an asbestos lawsuit alleging second hand asbestos exposure has resulted in her developing asbestos disease. McCarthy believes that she was exposed to asbestos fibers on the clothing of her brothers and father. The details are given below.

While it’s been reported that Representative McCarthy has been a lifelong smoker, which some argue may put her case in question, it was only a couple of weeks ago that cigarettes were in the news for their possible contribution to asbestos disease.

Sadly, 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

Madison County, IL: Jurors for an asbestos lawsuit currently underway in Madison County, heard testimony this week which alleged the amount of asbestos fibers contained in a can of Georgia Pacific joint compound manufactured several decades ago, if laid end to end, would stretch past Mars.

The testimony was made on behalf of Plaintiff James Reef of Kansas, who filed an asbestos lawsuit in December 2012. In his lawsuit, Reef has named dozens of companies as defendants, which, he alleges, are responsible for his diagnosis of asbestos mesothelioma.

Just 69 years old, Reef began his career as a carpenter at the age of 19, in 1965. In his lawsuit, he alleges he spent 50 percent of his time working on drywall using an asbestos-containing joint compound made by Georgia Pacific. Reef was diagnosed with incurable asbestos mesothelioma in October 2012.

According to witness Anne Ksionzyk, a Georgia Pacific employee since 1982, the company made joint compound with asbestos beginning in 1965. She testified that a 3.2 pound can of ready mix compound contained roughly 1.2 pounds of asbestos, which the plaintiff’s lawyer calculated, would stretch 451million miles if the fibers were placed end to end.

Ksionzyk confirmed that, at the time, there were no reports of carpenters who had worked or were working with dry wall becoming ill. At the time, there were no non-asbestos containing joint compounds manufactured. Ksionzyk also said no one indicated that asbestos was highly hazardous to human health at that time. Georgia Pacific ceased production of asbestos containing products in May 1977, more than a year before it was banned.

Another witness for the plaintiff, Dr. Thomas Selders, an industrial hygienist from Austin, Texas, gave testimony regarding a report he had written on Reef’s asbestos exposure. In his report, Selders focused on overall asbestos exposure, rather than exposure just from one source, such as joint compound, so for example, background exposure, asbestos fibers traveling on Reef’s clothing, as well as from joint compound, insulation and more.

“Don’t look for asbestos in one location,” Selders told the court. “It was used in a variety of items.” Selders said asbestos fibers can travel hundreds of meters, and when Reef wasn’t directly involved in dry wall work, he was around those who were. He also said that Reef’s clothing would have carried asbestos fibers, and clothing is a source of asbestos exposure that is frequently overlooked.

“’You’d be dusty head to toe and all over your face,’” Selders recalled Reef saying about carrying those fibers with him back home and in his car. “Whether it’s in a factory or somewhere else,” Selders said, “asbestos is asbestos.” (madisonrecord.com)

Mineola, NY: 69-year old New York congresswoman, Rep. Carolyn McCarthy, has filed an asbestos lawsuit on behalf of herself: she is currently being treated for asbestos-related lung cancer. In her lawsuit, she alleges she suffered asbestos exposure as a young woman, and this may have contributed to her asbestos disease.The lawsuit names 70 companies that may have made or contained products that contained asbestos.

Although McCarthy admits she has smoked cigarettes for most of her life, tobacco companies are not named as defendants because cigarettes have carried health warning labels for several decades.

The attorney representing McCarthy will use data from scientific studies which show a link asbestos exposure to smoking, claiming there is an increased likelihood of developing lung cancer when both tobacco smoke and asbestos exposure are found in patients.

According to media reports, McCarthy claims that as a young woman, she suffered secondary or take-home asbestos exposure when she did laundry for her brothers and father, who worked as boilermakers in navy yards and powerhouses, areas where asbestos was widely used. The asbestos fibers would become airborne and attach to the men’s clothing. (kentucky.com)

Madison County, IL: Lisa Michelle Lippold filed an asbestos lawsuit on behalf of her recently deceased husband, Thomas W. Lippold. In her lawsuit, Lippold names 50 defendant corporations, which, she alleges, caused her husband to develop lung cancer as a result of his exposure to their asbestos-containing products throughout his career.

From 1948 to 1996, Thomas Lippold worked as a welder and car man at Railcar Nebraska, and from 1997 to 1999 he worked as an audio and technical engineer at Grand Country 76 Music Hall. From 2000 to 2009 he worked as an audio and technical engineer at Pierce Arrow Theatre finally, he worked as a welder at Chatsworth Products in 2012, according to Lippold’s complaint.

Lippold lost her husband on November 15, 2012, as a result of his asbestos-related diseases. In her lawsuit, Lippold states that prior to his death, the asbestos illnesses caused him to become disabled and disfigured, incur medical costs and suffer great physical pain and mental anguish. Additionally, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, she alleges.

The lawsuit states that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

Mrs. Lippold is seeking a judgment of more than $150,000, economic damages of more than $200,000, compensatory damages of more than $150,000, punitive and exemplary damages of more than $50,000 and other relief the court deems just. (madisonrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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Asbestos News Roundup: 11.7.13 – Remembering Veterans’ Asbestos Risk

November 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.

Remembrance: Our Veterans at Risk for Asbestos

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

Asbestos Lawsuits

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)

Asbestos Settlements

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)

 

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement
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