Posts Tagged ‘ Asbestos Settlement ’
Asbestos News Roundup: 4.16.14 – Asbestos and Navy Vets
April 16th, 2014. 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.
Navy Veterans at Risk for Asbestos
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
St. Clair County, IL: Jeanne Belman, special administrator of deceased Marcella Goedeke estate, has filed an asbestos lawsuit against CSX Transportation, alleging the company is responsible for the developing asbestos mesothelioma and Goedeke’s subsequent death.
Filed a lawsuit March 14, the lawsuit claims the railway allowed its employees to be exposed to asbestos despite being aware of the associated adverse health risks.
Specifically, Belman alleges that Goedeke suffered second hand asbestos exposure to asbestos fibers that clung to her husband’s work clothing. Goedeke’s husband worked at The Baltimore and Ohio Railroad Company. When Goedeke’s husband came home, she inhaled and ingested the asbestos fibers that were on his clothes, the lawsuit states.
The lawsuit claims that the asbestos mesothelioma caused Goedeke great pain and disability, and that she endured serious mental anguish and extreme nervousness and incurred significant medical costs, the suit states. She passed away on March 18, 2012, the lawsuit states.
The lawsuit claims Goedeke’s asbestos disease could have been avoided had The Baltimore and Railroad Company heeded the advice of experts in 1935 who warned the railroad to educate all its employees about asbestos fibers. According to the complaint, the experts also advised the company to get rid of asbestos dust, to sprinkle the working area with water, to have employees wear inhalers and to have frequent analyses made of the dust content of air at different times during work hours.
Instead, Belman alleges the railroad negligently exposed Goedeke’s husband to asbestos, allowed him to carry the asbestos with him into his home, failed to warn him that it could cause disease, failed to prevent him from being exposed to the asbestos, failed to provide him with protective clothing and allowed unsafe work practices to become routine.
Eventually, The Baltimore and Ohio Railroad Company was taken over by CSX, which Belman named as a defendant in her complaint that seeks damages under the Federal Employers Liability Act (FELA). Belman is seeking a judgment of more than $100,000, plus costs. (madisonrecord.com)
St. Clair County, IL: Nicole Lockett has filed an asbestos lawsuit naming 21 defendant corporations which, she alleges, caused the Randle R. Lockett Sr. to develop mesothelioma after his exposure to asbestos-containing products throughout his father’s career. He subsequently died of his asbestos disease.
According to the lawsuit, Randle R. Lockett Sr.’s father worked in the military and at ICBM and Minuteman and MX missile site maintaining and repairing silos. The defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Lockett`s father`s safety, the suit states. As a result of his asbestos-related disease, Randle R. Lockett Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. Additionally, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued, the lawsuit states.
Nicole Lockett is seeking a judgment of more than $50,000, compensatory damages of more than $200,000, punitive damages in an amount sufficient to punish the defendants for their misconduct and other relief the court deems just.(madionsrecord.com)
St. Clair County, IL: An asbestos lawsuit has been filed by Betty G. Crutchfield naming 41 defendant corporations, which, she claims, caused Donald Crutchfield Sr. to develop lung cancer after his exposure to asbestos-containing products throughout his career. Mr. Crutchfield died from his asbestos disease.
As a result of his asbestos-related illness Donald Crutchfield Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, Betty Crutchfield claims. In addition, he were 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.
Betty G. Crutchfield is seeking a judgment of more than $300,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants for their misconduct and other relief the court deems just. (madisonrecord.com)
Asbestos Settlements
New York, NY: A $980,000 judgement has been upheld by the US Court of Appeals for the 2nd Circuit entered against defendant Cleaver Brooks. The court found that the plaintiff presented enough evidence at trial to support a causal link between the defendant’s asbestos-containing boilers and the deceased Kit L. McCormick illness.
Kelly McCormick filed the asbestos lawsuit on behalf of her husband, Kit L. McCormick, who was injured allegedly as a result of asbestos exposure. (harrismartin.com)
Asbestos News Roundup: 3.20.14 – Work History & Asbestos Risk
March 20th, 2014. 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. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm
Asbestos Lawsuits
Jefferson County, TX: The family of recently deceased William Ray Furlong have filed an asbestos lawsuit against EI DuPont De Nemours and Co. alleging the company is responsible for Mr. Furlong’s asbestos illness and subsequent death.
Virginia Furlong, wife, and Helen Furlong Moity, daughter, allege Dupont knowingly exposed William Furlong to toxic and carcinogenic dusts including asbestos during the time he worked at Dupont’s Works Facility in Beaumont.
According to the suit, William Furlong developed mesothelioma from which he died in 2012.
The Furlongs are seeking more than $100,000 in damages. (setexasrecord.com)
Asbestos Settlements
Erie County, NY: A $3 million settlement has been awarded to the family of a man who contracted and died from asbestos mesothelioma. According to the lawsuit, the deceased, Gerald Suttner, worked at the GM Powertrain Facility in Tonawanda, New York, and involved repairing valves manufactured by Crane and other manufacturers, valves which contained asbestos gaskets and packing materials. It wasn’t until after Suttner had retired from the GM plant that he was diagnosed with pleural mesothelioma. He passed away just 12 months later, at the age of 77. Suttner’s family subsequently sued the companies which made asbestos-containing products.
The plaintiff’s surviving family filed suit in the Supreme Court of Erie County, New York for product liability and wrongful death. The plaintiffs sought recovery for compensatory and punitive damages against Crane and numerous other manufacturers of asbestos-creating products the decedent had been exposed to. The plaintiff asserted that Crane had known as early as the 1930s of the hazardous qualities of asbestos and failed to warn the deceased. (jvra.com)
Philadelphia, PA: A $75,000 award for damages has been granted in a whistleblower lawsuit. Filed by a city police officer, the lawsuit claimed that the police officer’s superiors retaliated against him after he complained of shoddy asbestos removal at the Police Athletic League center he managed in Philadelphia.
The judge hearing the case ordered that Zenak, 44, a 23-year veteran officer, be returned to his job as manager of the PAL center at Wissinoming United Methodist Church, 4419 Comly St., and reimbursed $75,000 for 2711/2 days of leave he used after suing and $411 in medical expenses.
In 2012, Zenak filed suit under Pennsylvania’s “whistle-blower” law, naming the city, Police Department, PAL, church and J. Bailey Builders, the New Jersey-based contractor, as defendants.
According to the lawsuit, Zenak had managed the PAL center since 2008. In 2011, the contractor doing renovations told him there was exposed asbestos wrapping 60 feet of pipe hanging in the room where children did homework. Several weeks later, after Zenak found the pipe insulation gone and a layer of dust everywhere, he complained to his superiors, and he got the first of several reprimands, the PhillyNews reports.
A civil suit is pending which seeks medical monitoring for nearly 100 children who might have been exposed to asbestos while attending programs at the Wissinoming PAL center. (phillynews.com)
Asbestos News Roundup: 3.6.14 – Asbestos Risk in Remodeling
March 6th, 2014. 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 Risk in Remodeling
Recently, Bayshore Broadcasting published a report about new developments with the demolition of the former Hillcrest Public School in Orillia, Canada. According to the article, asbestos has been discovered and additional funds have been approved to have it safely removed. The structure is being demolished to make way for the construction of a new playground and park.
For many years, asbestos was added to a number of common building materials to increase their strength and durability, and to provide insulating and fireproofing properties. Many older buildings across Canada still have materials that contain asbestos in them. Some of the many materials that may contain asbestos in older structures include:
• Attic and wall insulation containing vermiculite
• Vinyl floor tiles and the backing on vinyl sheet flooring
• Adhesives
• Roofing and siding shingles
• Textured paint and patching compounds used on walls and ceilings
• Walls and floors around wood-burning stoves protected with asbestos paper, millboard or cement sheets
• Hot water and steam pipes coated with asbestos material or covered with an asbestos blanket or tape
• Oil and coal furnace insulation and door gaskets
• Heat-resistant fabrics
When asbestos-containing materials age or are disturbed, they can become friable and asbestos fibers can become airborne. During remodeling and demolition activities, such as at the former Hillcrest Public School, these materials can be easily disturbed and become airborne. If not properly handled, these fibers can pose a threat to workers and other building occupants and in this situation could have created a hazard in the soil of the new playground and park if the asbestos had not been identified and properly managed.
Asbestos Lawsuits
New York, NY: Larry H. Speer has named CBS Corp., Ford Motor Co., General Electric Co., Union Carbide Corp., Ingersoll-Rand Co., and Honeywell International Inc., among several others, in his recently filed asbestos lawsuit. Spear alleges his developing asbestos mesothelioma is directly linked to his asbestos exposure in a variety of products from packing materials to automotive parts to turbines. Spear was diagnosed with terminal, malignant asbestos mesothelioma in December 2013.
In his lawsuit, Speer alleges he was exposed to asbestos in products including but not limited to boilers, compressors, cement pipes, brakes and gaskets, and that he was unaware of the serious health hazards associated with asbestos at that time. Further, he claims the defendants failed to warn him of those hazards.
“In their release of respirable asbestos fibers into the air during foreseeable use or manipulation of these products, the products failed to perform as safely as an ordinary consumer would have expected them to perform,” the lawsuit states.
Mr. Speer is claiming strict liability over the allegedly defective products, as well as general negligence. His wife, Donna Speer, has made claims for loss of consortium.
New Orleans, LA: Frank G. DeSalvo has filed an asbestos lawsuit naming dozens of defendants that he alleges, caused him to develop asbestos-related lung cancer. DeSalvo claims the companies named failed to protect him from exposure to the lethal carcinogen, during the course of his work-related duties. DeSalvo states he was diagnosed with asbestos-related lung cancer in December 2012.
The defendants are: Huntington Ingalls Inc. also known as Avondale Industries, Inc. (f/k/a Avondale Shipyards, inc), Avondale executive officers Albert Bossier, Jr., J. Melton Garrett, Onebeacon America Insurance Company (as successor to Commercial Union Insurance Company), American Employers Insurance Company, American Motorists Insurance Company, Bayer Cropscience, inc. (As successor of liability to Rhone Poulenc AG company), Amchem Products Inc., Benjamin Foster Company, Eagle Inc. (formerly Eagle Asbetos & Packing Company, Inc.), Foster-Wheeler, LLC (formerly Foster-Wheeler Corporation), General Electric Company, Hopeman Brothers Inc., The McCarty Corporation (successor to McCarty Branton Inc. and predecessor and successor to McCarty Insulation sales, inc.), Reilly-Benton Company Inc., Riley Power Inc. (Babcock Borsig Power Inc., DB Riely Inc., Riley Stoker Corporation), Taylor-Seidenbach Inc., CBS Corporation (Westinghouse Electric Corporation), Maryland Casualty Company, Shell Oil Company, Shell Chemical LP, Entergy Louisiana LLC, Chevron Oronite Company LLC, Wyeth Holdings Corporation (American Cynamid Company), Lou-Con Inc. and its executive officer Bernard Lyons and Union Carbide Corporation.
From 1962-1966 DeSalvo worked as a welder for Avondale, during which time he claims he was exposed to dangerous levels of toxic substances containing asbestos. He accuses the defendants of failing to reveal, and knowingly concealing inherent dangers in the use of asbestos, including the ability to expose family members through clothing. Additionally, defendant Avondale is accused of reckless storage, handling and transport of asbestos, and failing to provide safe equipment, proper ventilation and medical monitoring.
In his lawsuit, DeSalvo is seeking unspecified damages for past, present, and future hospital, medical, pharmaceutical and nursing expenses due to his lung-cancer and other asbestos-related conditions he could likely incur, such as mesothelioma. Additionally, he is seeking compensation for his loss of earning capacity and permanent partial disability which will progress to full disability.(Louisianarecord.com)
Asbestos News Roundup: 2.27.14 – Fire Fighter Asbestos Risk
February 27th, 2014. 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.
Fire Fighters and Asbestos Disease
According to a study done by The National Fire Administration/NIOSH, published in the October 2013 issue of Occupational and Environmental Medicine, the rate of mesothelioma among firefighters studied was twice that of the general US population.
The study is one the largest of its kind done to date, and looked at mortality patterns and cancer incidence among career firefighters. The researchers evaluated a pool of approximately 30,000 firefighters employed in San Francisco, Chicago and Philadelphia between 1950 and 2009.
They found, as have previous studies, that firefighters, through the course of their work, are exposed to known and suspected carcinogens like formaldehyde and benzene. The study shows that such exposure is linked to an increased risk of developing certain cancers. Additionally, the results were consistent with previous studies which show that firefighters experience higher rates of respiratory, digestive and urinary cancers, compared to the general population.
What was new, however, was the nearly doubling of the incidence rate for asbestos mesothelioma among firefighters, compared with the general US population. This had not been previously reported. The study not only strengthens previous evidence for the health risks firefighters are exposed to, but also suggests an association between firefighters’ occupational exposure to asbestos and increased mesothelioma rates, as asbestos is “the only known causal agent of mesothelioma.”
Asbestos Lawsuits
Edwardsville, IL: Video deposition from a man who died from asbestos illness before his asbestos lawsuit was concluded will now be heard by jurors in Madison County, Ill. He filed his lawsuit in Madison County in 2013, just months before he died from asbestos mesothelioma on May 23, 2013. His attorneys recorded Tom King’s video deposition prior to his death. His sons, Tom King Jr and Brian King, now represent their deceased father in the lawsuit.
Tom King, Sr., worked for the US Navy as a machinist mate for the U.S. Navy from 1959-1962 and again from 1965-1969, serving on the USS Forrestal, USS Tallahatchie County and the USS Hollister. He worked primarily in the engine room on each ship, but occasionally helped in other areas of the ship when needed.
Originally, there were 119 named defendants, of which Crane Co., a company that allegedly supplied the Navy with mechanical gaskets and valves, and John Crane, a designer and manufacturer of mechanical seals remain.
King Sr., testified that crew members were required to refer to a manual every time they worked on a piece of equipment regardless of their expertise in the department, and noted that he never saw any warning signs or indications in the manual that respiratory protection was necessary. He testified that for the replacement of old worn-out parts, the manual instructed him to use specific asbestos parts, which he was already supplied with by the Navy. He never deviated from the instructions in the manuals, calling the required specifications the “Navy way.” “We had a chain of command,” he said. “Remember the Navy way? That’s what we were required to do.” He testified regarding his work on pumps, valves and insulation, all containing asbestos.
King Sr., testified that in order to replace gaskets, it was necessary to clean the excess asbestos off the valves with a wire brush. The cleaning process created a lot of dust, he said. The case is ongoing. (legalnewsline.com)
Pittsburgh, PA: Milton M. Schuster Sr. filed an asbestos lawsuit alleging exposure to the lethal carcinogen through his work as a machinist. In his complaint, Schuster claims he was exposed to asbestos-containing products manufactured and distributed by the defendants from 1954 through 1985. The lawsuit states Schuster was diagnosed with asbestos-related lung cancer, on December 12, 2013. The illness is a direct result of his exposure to asbestos.
The defendants are: CBS Corporation, Crane Company, Foster-Wheeler Corporation, General Electric Company, General Electric Co. Switchgear Department, General Electric Capital Corporation, General Electric Capital Corporation, Goulds Pumps Inc., Honeywell International, also known as Allied Signal, Ingersoll-Rand Company, John Crane, Houdaille Inc., John Crane Inc., Owens-Illinois Inc., Union Carbide Corporation and Warren Pumps Inc., citing asbestos exposure. (philadelphiarecord.com)
Jefferson County, TX: An asbestos lawsuit has been filed by Virginia Furlong, wife, and Helen Furlong Moity, daughter of recently deceased William Ray Furlong. They name E.I. Dupont De Nemours and Co. as the defendant.
Specifically, the asbestos complaint alleges Dupont knowingly exposed William Furlong to toxic and carcinogenic dusts including asbestos during the course of his work at Dupont’s Works Facility in Beaumont.
According to the asbestos lawsuit, William Furlong developed mesothelioma from which he died in 2012. His widow and daughter seek to hold Dupont liable for William Furlong’s death. The Furlongs are seeking more than $100,000 in damages. (setexasrecord.com)
Asbestos News Roundup: 2.20.14 – High Risk Asbestos Disease Jobs
February 20th, 2014. 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 Jobs
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. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm
Asbestos Lawsuits
Madison County, IL: An asbestos lawsuit has been filed by Ruth Curl, individually and as special administrator of the estate of her late husband, John Curl. The lawsuit alleges the defendants, Ameron International Corp. and more than two dozen other companies, were negligent and either knew or should have known of the dangers of asbestos, specifically that it can cause injury and death.
John Curl served in the US Army from 1958 until 1962. He then worked as a laborer from 1962 until 1963 at Zeller Corp. and was employed by General Motors Central Foundry as an electrician from 1964 until 1999.
According to the lawsuit, during the course of his various employments, John Curl was exposed to asbestos containing products which eventually resulted in his developing terminal lung cancer.
In her complaint, Ruth Curl is seeking more than $50,000 in damages. (madisonrecord.com)
Houston, TX: Roy L. Jones, and his wife, Patricia, have filed an asbestos lawsuit against numerous defendants alleging the defendants’ negligence lead to Roy Jones diagnosis of asbestos lung cancer.
In their complaint, the Texas couple names the following defendants: Avocet Enterprises Inc., Bird Inc., Carrier Corp., Certainteed Corp., General Electric Co., Georgia-Pacific LLC, Ingersoll-Rand Co., Kelly-Moore Paint Co., Riley Power Inc., Sears Roebuck and Co., Trane U.S. Inc., Union Carbide Corp., Viacom Inc., The Goodyear Tire & Rubber Co. and Shell Chemical LP.
According to the complaint, the defendants failed in safety standards and failed to warn employees of the risks associated with asbestos exposure. Consequently, Roy Jones has been diagnosed with lung cancer.
The couple is seeking an amount in damages in excess of the minimal jurisdictional amounts, plus court costs and any other relief. (setexasrecord.com)
Asbestos Accidents
Billings, MT: PPL Montana took preventative measures against asbestos exposure this week, shutting down its J.E. Corette power plant in Billings. Workers were sent home after a steam tube failed on the boiler, damaging asbestos-containing insulation. A subsequent windstorm sent the asbestos materials airborne.
Dave Hoffman, a PPL Montana spokesman told the media that the 154-megawatt coal plant will be off-line until environmental contractors on site complete remediation and the company can evaluate necessary repairs.
The incident occurred on February 3, when a steam tube on top of the boiler failed and a steam leak damaged some siding and insulation on the rear wall of the boiler, Hoffman said. Some of the insulation contained asbestos.
All the workers, approximately 26 to 30 employees, were either sent home or to PPL Montana’s office in Billings. Workers returned when the contractors declared areas clean, Hoffman said. However, on February 12, a strong wind blew around insulation and metal sheeting that had been on the side of building, Hoffman said. When the wind kicked up, the clean areas were not as easy to identify, so the company again sent workers home as a precaution for health and safety, he said. (missoulian.com)
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