Posts Tagged ‘ Asbestos Settlement ’
Asbestos News Roundup: 7.5.12 – Oil Rig Workers, 2nd-Hand Asbestos Exposure
July 5th, 2012. 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.
Oil Industry Workers at High Risk for Asbestos Disease
Drilling mud is widely used in the oil industry, both onshore and offshore, to help cool the drill bit and flush debris from the well hole during drilling. Many oilfield workers may have been exposed to toxic asbestos products without knowing its harmful, and often lethal, effects.
Drilling mud composition contained asbestos, which led to mud engineers being
exposed to asbestos drilling mud, and the potential to develop asbestos-related disease such as asbestos mesothelioma.
The two drilling mud brands that were mainly used were Flosal and Visbestos: both products were packaged in 50 lb. bags and were used for sweeping the hole as a viscosifier.
Asbestos Lawsuits
Hyde, TX: Chevron USA is facing a wrongful death lawsuit brought by the widow of Louis Esbry, who recently died from asbestos-related disease.
Camelia Esbry and her children filed the suit June 29, blaming Chevron USA for her husband’s death, alleging the company exposed him to asbestos.
While employed with Chevron, Louis Esbry was exposed to asbestos dust and fibers, the lawsuit states, which resulted in his developing asbestosis. He died on December 18, 2011, the lawsuit states.
According to the lawsuit, Chevron knew for decades that asbestos could cause cancer, yet the company allowed employees and contractors to work around the mineral, exposing them to potentially lethal health effects, without warning them of the dangers.
The plaintiffs are suing to recover exemplary damages. (SETexasrecord.com)
Jefferson County, TX: A second-hand asbestos exposure lawsuit has been filed by Ginger Hall naming suit 11 companies as defendants. In her lawsuit, Mrs. Hall claims she was exposed to asbestos through her husband’s work clothes.
Chevron USA, Citgo, DuPont, ExxonMobil, Huntsman Petrochemical, Mobil Chemical, Mobil Oil, Oxy USA, Texaco, Union Oil and Unocal Corp, are the named defendants in the lawsuit.
Mrs. Hall alleges she was exposed to asbestos through her husband’s employment at several of the defendants’ refineries.
Specifically, the lawsuit alleges the asbestos dust on Mr. Hall’s work clothes has caused Mrs. Hall to suffer breathing difficulties and develop cancer. The defendants are accused of failing to protect workers and their family members from inhalation of asbestos fibers.
In addition to exemplary damages, Mrs. Hall is suing for her alleged past and future medical expenses, mental anguish, pain, impairment and lost wages, plus all court costs. (SETexasrecord.com)
New Orleans, LA: Jacqueline Carron Lowe and the children of George Lowe have filed an asbestos lawsuit against Marathon Oil Co. and others, claiming the defendants exposed the late Mr. Hall to asbestos and are therefore responsible for his death. Mr. Lowe was diagnosed with mesothelioma in November 2011 and died in December 2011 from complications from the disease.
Mrs. Lowe claims her husband was exposed to dangerously high levels of asbestos during his employment for Marathon Oil from 1957 until 1995 in various positions and at various sites including Detroit, MI, Robinson, IL, and Garyville, LA.
The defendants are accused of exposing George Lowe to asbestos which caused him to develop asbestos mesothelioma.
Lowe’s family is seeking an unspecified amount in damages for physical pain and suffering, loss of income, mental anguish, fear of death, loss of enjoyment of life, medical expenses, loss of personal assistance, loss of support to wife and children, loss of consortium, loss of services and loss of companionship.(louisianarecord.com)
Asbestos News Roundup: 6.28.12 – DIY Home Renovation Asbestos Risk
June 28th, 2012. 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.
Do-It-Yourself Home Renovators and Asbestos Risk
Many people decide to renovate their homes, not knowing fully, the dangers that may lurk within the walls, ceilings or floors of their homes. Those dangers can include asbestos in older homes. 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.
An asbestos lawsuit brought by an 85-year old construction contractor who developed asbestos mesothelioma as a result of exposure to the carcinogen during his work and renovating his own investment properties, recently resulted in a $48 million settlement. His story is below.
Asbestos Lawsuits
New Orleans, LA: Jereiana H. Relf has filed an asbestos exposure suit naming multiple defendants for allegedly contributing to her secondhand exposure to asbestos.
The lawsuit was filed against Asbestos Corporation Limited et al in the New Orleans Civil District Court alleging at least 13 miners, manufacturers, sellers or handlers of asbestos products should be held responsible for Relf’s exposure to injurious levels of asbestos.
The lawsuit claims that asbestos fibers were introduced to Relf’s household from her uncles, father and husband who all worked with asbestos materials. In addition, Relf claims that her neighborhood as a whole was exposed to asbestos materials via asbestos-containing scrap material in close proximity.
The defendants are accused of knowingly exposing her to carcinogenic materials that resulted in her diagnosis of mesothelioma in March 2012.
An unspecified amount in damages is sought for medical costs, pain and suffering, mental anguish, loss of quality of life and disability.
Asbestos Settlements
Los Angeles, CA: Bobbie Izell, who worked in construction in the 1960s and 1970s, and his wife have been awarded $48 million by a California court in settlement of their asbestos lawsuit. The lawsuit named Union Carbide and a number of other defendants including Riverside Cement and California Portland Cement Company as defendants.
Izell developed mesothelioma during his 30 year career as a cement contractor in the construction industry. He built thousands of homes, commercial buildings, and churches, many of which contained asbestos. Izell also bought and renovated properties and many of the products he used for the renovation contained asbestos. Consequently, between 1947 and 1980, Izell suffered consistent exposure to the carcinogen.
The asbestos lawsuit was filed by Izell and his wife shortly after Izell was diagnosed with asbestos mesothelioma. According to media reports, during the trial Union Carbide argued that Calidria, which is the type of asbestos the manufacture, does or did not cause cancer. However, evidence was produced in the form of corporate memos which revealed that Union Carbide staff and physicians were aware the material was making works ill. However, this information was not made public. (Pol.com)
Asbestos News Roundup: 6.21.12 – Railway Workers & Asbestos Exposure
June 21st, 2012. 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.
Railway Workers and Asbestos Risk
Many retired railway men are finding that the years they spent working in railway yards and on trains has caused them to become ill with asbestos-related illnesses. And their illnesses could have been prevented if they had been made aware of the dangers and provided with proper protective gear.
Asbestos was used to insulate steam and diesel locomotives, boxcars, cabooses and pipes. It was also used in brakes and floor tiles of passenger cars. When workers were tasked with removing the asbestos, and were not wearing protective clothing, the airborne asbestos fibers became lodged in their clothes and worse, in their lungs. As this practice went on over time – years in many cases– the accumulation of the asbestos fibers in their lungs led to fatal asbestos mesothelioma. Such is the case of the five former BNSF railway workers who are now suing the company.
Asbestos Lawsuits
Fort Worth, TX: Five railway workers have filed an asbestos lawsuit against their former employer, BNSF Railway, alleging their diagnoses of lung diseases was caused by exposure to asbestos and other hazardous materials while working for the railway.
Donald Polson, Harvey Bass, Robert Brabbin, Joe Gilliam and William King, who live in Fort Worth, Arlington and Cleburne respectively, claim BNSF managers knew that prolonged exposure to asbestos could cause illness, but that they failed to warn the employees of those dangers.
According to the lawsuit, some of the plaintiffs worked for the railroad for more than 30 years; Polson worked there 44 years, until 2001.
According to the lawsuit, the plaintiffs worked in and around engines, boilers, railroad tracks and other areas where they were exposed to asbestos and other substances without protection. As a result of their exposure to dust, fumes and vapors, the men contracted lung diseases that diminished their quality of life and reduced their life expectancy – they have been diagnosed with asbestosis and silicosis, according to their lawyer.
“At all times relevant, the plaintiffs were unaware of the dangerous propensities of the harmful/hazardous materials with which they were required to work with and around,” the lawsuit states. They were not aware of the hazards associated with exposure to asbestos and other substances until less than three years before filing the suit, it states. The lawsuit also states that although the Occupational Safety and Health Administration banned asbestos in construction in the 1970s, railroads continued using it although the companies were aware of the health risks.
The lawsuit also accuses BNSF of violating the Federal Employment Liability Act and the Locomotive Boiler Inspection Act. (star-telegram.com)
Charleston, WV: James M. Lawrentz and his wife, Sandra Lawrentz claim have filed an asbesto lawsuit naming 54 companies they allege are responsible for Mr. Lawrentz’s lung cancer diagnosis.
On April 5 Mr. Lawrentz was diagnosed with lung cancer, which, the couple claims resulted from his exposure to asbestos during his career as a millwright and laborer.
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.
The 54 companies named as defendants in the suit are: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Buffalo Pumps, Inc.; Caterpillar, Inc.; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Duavo Corporation; Eaton Electrical, Inc.; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; Genuine Parts Company; Goulds Pumps, Inc.; Grinnell Corporation; Hercules, Inc.; Honeywell International; Howden Buffalo, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; McJunkin Corporation; Morgan Engineering Systems; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Reading Crane and Engineering Company; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems, LLC; Sunbeam Products, Inc.; Surface Combustion, Inc.; Swindell Dressler International Company; Tasco Insulations, Inc.; The Alliance Machine Company; The Gage Company; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply; and Yarway Corporation. (wvrecord.com)
Asbestos Law
Riverside, NJ: Frank J. Rizzo, 53; Michael Kouvaras, 59; and Deuteron Capital LLC, have been indicted by a state grand jury on a dozen charges related to the removal of asbestos from the former Zurbrugg Memorial Hospital.
Deuteron Capital LLC, which was doing business as South Street Fill-it Recycling of Riverside, removed asbestos from the site in an unlawful manner, without a license, and employed workers who were not trained or equipped to properly do the job, according to New Jersey Attorney General Jeffrey S. Chiesa.
Filed and announced Wednesday, the four-count indictment includes second-degree charges of conspiracy, unlawfully causing the release of a toxic pollutant, and abandonment of toxic pollutants, and a third-degree charge of violation of the Asbestos Control and Licensing Act, for all three defendants. The violation stems from the allegation that the men and their company knowingly had asbestos removal work performed without a license from the state.
The second-degree crimes carry sentences of five to 10 years in state prison and a fine of up to $150,000. The third-degree offense carries a sentence of three to five years in prison and a fine of up to $25,000. (phillyburbs.com)
Asbestos News Roundup: 6.14.12 – Local Asbestos Exposure in Town
June 14th, 2012. 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.
Community Asbestos Exposure – Asbestos Around Town
You don’t have to work with asbestos containing products to suffer its effects. It is also possible to suffer asbestos exposure by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.
Perhaps the most famous victims of community contamination in North America are the residents of Libby, Montana, an asbestos-mining town. Vermiculite, which naturally contains asbestos, was mined there between 1923 and 1991. Workers and families of workers who lived in the town sued W.R. Grace, the last company to own the mine. At one point the company reportedly faced 110,000 lawsuits for sickening hundreds of people and contributing to the deaths of 225—allegedly with full knowledge.
Other examples of community exposure include the World Trade Center site after the terrorist attacks of September 11, 2001, and areas prone to damage from natural disasters like Hurricane Katrina. But it doesn’t take a disaster for asbestos exposure to occur locally in your community—our Asbestos Hot Spot Map shows locations across the US in which asbestos has been an issue and, in many instances, asbestos abatement has been needed.
Asbestos Settlements
Los Angeles, CA: The California 2nd District Court of Appeal in Los Angeles has ruled in favor of the wife of a mesothelioma victim who says she is entitled to damages against a manufacturer of asbestos products based on the loss of consortium with her husband.
Frederick Kenney of Fort Jones, CA, sued Tennessee-based auto parts manufacturer Hennessy Industries Inc. and other companies for negligence and products liability based on their use of asbestos products.
Mr. Kenney was diagnosed with mesothelioma in 2011 after being exposed to asbestos during his service in the U.S. Navy in the 1950s and 1960s, and when he later worked as a mechanic. His wife, Sherrell Vanhooser, filed a loss of consortium claim against the same defendants. Mesothelioma is a debilitating, deadly form of cancer caused by asbestos exposure.
In the asbestos lawsuit, attorneys argued that Ms. Vanhooser’s loss of consortium claim should be allowed. However, a Los Angeles County Superior Court judge granted Hennessy’s motion for summary judgment based on the argument that Mr. Kenney and his wife were not married until after Mr. Kenney last was exposed to asbestos.
Earlier this month, a three-judge panel from the 2nd District Court of Appeal ordered the trial court to vacate its order granting summary judgment, after finding that “injury to the spouse in the latent disease context occurs when the illness or its symptoms are discovered or diagnosed, not at the time of the tortious act causing the harm.” The case is Vanhooser v. Hennessey, No. BC-468065, in Los Angeles County Superior Court.
“This is an important ruling that will have far-reaching impact in asbestos litigation, as trial courts across California have been all over the map on this issue,” says Trey Jones, lead counsel for Ms. Vanhooser. “Husbands and wives are greatly impacted when a spouse develops an asbestos-related disease, so this ruling certainly moves them one step closer to justice.”
New York, NY: The lawsuits of two men who alleged a lifetime of working with asbestos led to their developing mesothelioma, a rare cancer that attacks the lining of the lungs have been successfully settled.
The asbestos settlement, consisting of an undisclosed payment said by the firm to be “substantial,” will benefit the families of the men. In a statement issued by attorneys for the plaintiffs, the settlement has come some time after both plaintiffs had already succumbed to lung cancer, with one man showing signs of pleural mesothelioma, a form of cancer closely associated with occupational inhalation of asbestos.
The two men, both long time sheet metal workers, were also Navy veterans. The Navy veterans’ asbestos lawsuits were challenging because although the men served in the Navy and were exposed to asbestos on certain ships or bases, they had no fellow service people who could verify that.
“Our clients, however, also worked at construction sites, and we were eventually able to locate several coworkers who testified to our clients’ presence near people working with asbestos-insulated valves, boilers and gaskets, among other products. They would cut these products and scrape off debris with wire brushes, which, according to the coworkers’ testimony, would send clouds of asbestos into the air. A chain of exposure like this makes for a very strong case,” said lawyers for Weitz & Luxenberg, who represented the plaintiffs. The men’s cases settled in the final days of five-week trial. (marketwatch.com)
Asbestos News Roundup: 6.7.12 – Auto Mechanic Asbestos Risk
June 7th, 2012. 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.
Auto Mechanics Asbestos Disease Risk
Unfortunately, asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. It is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).
According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and bevelling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, and this is what happened Gregory Hope, below, who recently filed an asbestos lawsuit.
Asbestos Lawsuits
St. Louis, MO: Gregory C. Hope worked in automotive maintenance, and as an electrician between 1961 and 1979. During that time he alleges in his recently filed asbestos lawsuit, that he was exposed to asbestos fibers, without his knowledge, without appropriate protective clothing and without an understanding of the serious health consequences of asbestos exposure. He has developed mesothelioma and has filed an asbestos lawsuit.
Martin L. Tune alleges he developed lung cancer after his work as a machinist and as an auto mechanic and home repairman from 1963 until 1979.
Kirkland Holcomb has filed an asbestos lawsuit alleging he developed mesothelioma after his work as a draftsman and salesman at various locations from 1965 through 2011.
Robert D. and Rosalina Cousineau have filed an asbestos lawsuit claiming that allege Robert Cousineau developed lung cancer as a result of working as a carpenter, drywaller and construction worker at various locations from 1963 until 2005. (madisonrecord.com)
Asbestos Exposure Now Linked to Heart Disease and Stroke
Manhattan Beach, CA: While the American Cancer Society has linked asbestos exposure to lung cancer as well as mesothelioma, it now appears that asbestos exposure is linked to other serious, life-threatening conditions. According to a new British study, recently published in the Journal of Occupational and Environmental Medicine, people exposed to asbestos had a higher death rate from ischemic heart disease.
The study reviewed records of workers who were exposed to asbestos between 1971 and 2005. Researchers found that those exposed were 63% more likely to die of a stroke, in addition to developing cardiovascular disease.
As a result, experts believe millions of workers and their families may have been exposed to the material. The Centers for Disease Control (CDC) estimate approximately 3,000 people each year are diagnosed with mesothelioma.
The companies that mined, manufactured and sold asbestos, or used it in their products, are liable for the damages caused to those who have developed serious illness like mesothelioma. (digitialjournal.com)
Asbestos Law
Beginning October 1, 2012, asbestos remediation workers in Maryland will be facing a fine five times larger than the maximum amount currently allowed by law for violating any environmental laws relating to asbestos in the state.
Leaders of the Laborers’ Health and Safety Fund of North America (LHSFNA) say this new fine, a maximum of $25,000, is setting a standard all states should follow.
Collected fines will be deposited into the Asbestos Worker Protection Fund, which was created by the new law. The proceeds will be used to increase asbestos outreach and stronger enforcement of asbestos-related environmental laws.
According to recent report published in the LHSFNA June 2012 e-newsletter, many asbestos contractors in Maryland have taken shortcuts with asbestos abatement projects in order to underbid their competition, who may be doing their job correctly.
According to the Centers for Disease Control and Prevention (CDC), “When handled, asbestos can separate into microscopic-size particles that remain in the air and are easily inhaled. Persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer, and mesothelioma.”
Despite laws against its use in construction in the United States, asbestos is still found in many buildings, especially those built from 1935 to the 1970s. (webwire.com)
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