Posts Tagged ‘ Asbestos Settlement ’
Asbestos News Roundup: 5.30.13 – Asbestos in Schools
May 31st, 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 in Schools—Did You Know?
Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.
Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.
Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.
For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html
Asbestos Lawsuits
Pittsburgh, PA: Frank Kozlowski and his wife, Marie, of Melbourne Beach, Fl, have filed a short-form complaint in the master asbestos litigation docket in Philadelphia on April 26 against 17 companies that they allege are responsible for exposing Frank to asbestos dust and fibers. This exposure, they plaintiffs claim, is responsible for Frank’s recent lung cancer diagnosis.
According to the lawsuit, Frank Kozlowski was a pack-a-day smoker from 1957 to 2006, and was diagnosed as having lung cancer by his Florida physician on Januray 21, 2013.
Mr. Kozlowski worked as a laborer from 1959 to 1962, at the Portsmouth Naval Yard in New Hampshire from 1963 to 1967, and as an auto worker at Ed Roth & Sons in Glassboro, NJ, in 1968, the complaint states. The suit also states Frank did additional automobile work throughout the 1970s, and spent time working at both the Bremerton Naval Yard and Naval Station Norfolk during the early-to-mid 1960s.
The following defendants are named in the complaint: Air & Liquid Systems Corp., Aurora Pump Co., Borg-Warner Corp., Byron Jackson Pumps, CertainTeed Corp., Dana Companies LLC, Foster Wheeler LLC, General Electric Co., Georgia Pacific LLC, Honeywell International Inc., IMO Industries Inc., Maremont Corp., Metropolitan Life Insurance Co., Owens-Illinois Inc., Pneumo Abex LLC, and Warren Pumps LLC.
The Kozlowskis are seeking damages as set forth in the master asbestos litigation at Philadelphia’s Common Pleas Court. The case ID number is 130404113. (pennsylvaniarecord.com)
Charleston, WV: 48 companies have been named as defendants by a couple who allege they are responsible for the husband’s diagnoses of lung cancer and asbestosis. On September 12, 2011, Kenneth Joseph Morris was diagnosed with lung cancer and asbestosis on April 30, according to their asbestos lawsuit. The Morrises claim the 48 defendants exposed Kenneth Morris to asbestos-containing products during his employment as an electrician from 1964 until 2001. According to the lawsuit, Morris smoked cigarettes for 30 years, but quit in 2001.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit, and certain defendants are also being sued as premises owners and as Kenneth Morris’ employers for deliberate intent/intentional tort.
The 48 defendants in the suit include: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations Inc.; Buffalo Pumps Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulcan Inc. Kanawha Circuit Court case number: 13-C-924 (wvrecord.com)
Asbestos News Roundup: 4.11.13 – Surgeon General’s Asbestos Statement
April 11th, 2013. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
No Safe Level of Asbestos Exposure – Surgeon General Issues Statement
On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure. In short, the message is that there is no safe level of asbestos exposure.
In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”
Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.
Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.
The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:
Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.
Asbestos Lawsuits
Charleston, WV: Wayne Junior Rider, who was diagnosed with an asbestos related lung injury on January 28, 2012, has filed an asbestos lawsuit naming 55 companies he alleges are responsible for his illness.
In his lawsuit, Rider claims the defendants exposed him to asbestos and/or asbestos-containing products during his employment at various work sites in and around West Virginia from 1944 until 1980.
Rider is suing the defendants based upon the 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 Rider’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 55 defendants in the suit include: 3M Company; A.C.F. Industries; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; CBS Corporation; Certainteed Corporation; and Cleaver-Brooks Company, Inc. (wvrecord.com)
Jefferson County, TX: Ann Skelton, the recent widow of Robert Skelton, has filed an asbestos lawsuit naming E.I. DuPont De Nemours as the defendant. In her lawsuit, Skelton claims the company exposed her late husband to asbestos throughout the course of his career, and that exposure subsequently led to the illness which caused his death.
According to the lawsuit, DuPont employed Robert at its Beaumont Works facility, where he was exposed to asbestos containing products.
The lawsuit alleges that as a result, he developed lung cancer, “from which he died a painful and terrible death on February 6, 2013.”
The defendant is accused of using benzene products without warning workers of the health risks and failing to take proper safety precautions. Skelton alleges the defendant acted with malice, entitling her to exemplary damages. (setexasrecord.com)
Asbestos News Roundup: 10.11.12 – Veterans Asbestos Risk
October 11th, 2012. By AbiK
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 Veterans and Merchant Marines at Risk for Asbestos Disease
Beginning in the 1930s, nearly all ships built by the US Navy—including submarines—contained insulation or other machine parts containing asbestos. From that time, until the 1970s, when the US Navy stopped using asbestos in shipbuilding, thousands of US Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers, boiler mechanics, electricians and pipefitters who handled asbestos products are also at risk of developing asbetsos-related diseases.
Because of the long latency period of the disease, it may take up to 30 years—or more—before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos related cancers.
Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products on board US Navy and Merchant Marine ships. In their lawsuits, the Veterans’ alleged they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed. Both the lawsuit filed by James Mahan, and the settlement for William LaParl, below, are reminders of the reality of asbestos disease.
Asbestos Lawsuits
St. Clair County, IL: James Mahan has filed an asbestos lawsuit naming 48 defendant corporations, which he alleges should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety. As a result, Mahan claims the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.
In his lawsuit, Mahan states he was employed as a submarine maintenance worker from 1954 until 1957 and as a nursing assistant at the VA Hospital from 1958 until 1980. Between 1980 until 1983 he worked as a maintenance man for the North Little Rock Housing Authority. It was during his working life that he was exposed to asbestos-containing products.
As a result of his asbestos-related disease, Mahan has become disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he alleges. (Madisonrecord.com)
St. Clair County, IL: Lynn Torres filed an asbestos lawsuit naming 33 defendant corporations, which, he alleges, caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.
According to his lawsuit, Torres worked as a welder at Kaiser Aluminum from 1966 until 1975 and at the Carpenters District Council for an unspecified amount of time. The lawsuit also contends 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.
As a result of his asbestos-related disease, Torres became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he claims. (Madisonrecord.com)
Asbestos Settlements
Mt. Pleasant, SC: A $3.9 million jury’s verdict has been awarded to the family of deceased Merchant Marine, William LaParl of Michigan, who lost his life to asbestos mesothelioma.
On Friday, September 7, 2012, an eight-member jury found defendants Oglebay Norton Company, Columbia Transport Co., Interlake Steamship Company and Pringle Transit Company liable for “substantially contributing” to the death of William LaParl, who was 78 when he died in August 2006. Mr. LaParl retired from the Merchant Marines after 35 years of service and was diagnosed with mesothelioma in July 2006.
The suit alleged, among other claims, that negligence on the part of the defendants caused LaParl’s mesothelioma and ultimate death. The case, Delores A. LaParl, Personal Representative of the Estate of William S. LaParl, deceased v. Columbia Trans. Co., et al, No. CV-08-667485, was tried before Judge Harry Hanna in the Court of Common Pleas in Cuyahoga County, Ohio, Civil Division. (Redorbit.com)
Asbestos News Roundup: 10.4.12 – Auto Mechanic Asbestos Risk
October 4th, 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 Mechanic Asbestos Disease Risk
Auto mechanics may not know it but they are at risk for asbestos-related disease. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, 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 beveling 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, which can take 30 years to manifest.
Asbestos Lawsuits
St. Clair County, IL: An asbestos lawsuit has been filed by Raymond and Deana Griggs naming 44 defendant corporations. In their lawsuit, the Griggs allege Raymond developed lung cancer as a result of being exposed to asbestos-containing product throughout the course of his work. The complaint states that Raymond Griggs worked as a miner, operator and maintenance worker from 1974 until 1984.
The Griggs further allege that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Griggs’ safety.
As a result of his asbestos-related diseases, Raymond Griggs became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the couple claim.
In their complaint, the Griggs are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just.
St. Clair County, IL: 77 defendant companies have been named in an asbestos lawsuit filed by Herman and Dorothy Leamons. Specifically, the Leamons allege the defendant companies caused Herman Leamons to develop colon cancer after his exposure to asbestos-containing products throughout his careers.
According to the Leamons’ complaint, Herman Leamons worked as a member of the PPF/UA Plumbers and Pipe Fitters Union Local 706 out of Arkansas and worked as a pipefitter at Ace Supply Company from 1970 until 1977.
The Leamons allege 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 their asbestos-related diseases, Herman Leamons became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the Leamons allege in their lawsuit.
In their complaint, the Leamons are seeking a judgment of more than $150,000, punitive and exemplary damages of more than $100,000, economic damages of more than $100,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants and to prevent them from committing the same actions again.
Jefferson County, TX: Carol Gatlin has filed an asbestos lawsuit on behalf of the late Kenneth Gatlin, naming eight companies as defendants.
The lawsuit claims that because of Kenneth Gatlin’s exposure to asbestos-containing products over his career, he contracted esophageal cancer, a serious and debilitating disease that ended his life.
The lawsuit accuses the defendants of negligently selling and using asbestos products despite actual knowledge of the extreme risk of harm inherent to asbestos exposure. Further, the lawsuit claims the defendants also negligently failed to provide Kenneth Gatlin with a safe place to work.
The defendants named in the suit include Cameron Iron Works, Cooper Industries, Chevron USA, Air Liquide America, Guard-Line, Triplex, Yarway Corp. and Santa Fe Braun Inc. (SETexasrecord.com)
Asbestos Law
Chattanooga, TN: David Wood, James Mathis and Donald Fillers and the Watkins Street Project LLC have been sentenced for convictions of conspiracy and violating federal clean air laws. The men were charged for environmental violations that occurred while they worked on the demolition of a Chattanooga textile mill that contained large amounts of asbestos. Specifically, the prosecutors contended that while working on the former Standard Coosa Thatcher plant, the men and their company allowed asbestos to become airborne.
The men, convicted in January, were sentenced on Monday: Woods receive a 20-month prison sentence, Fillers a a a four-year prison sentence and fined $20,000, and Mathis received an 18-month prison term. The company must pay a $30,000 fine. (The Associated Press)
Asbestos News Roundup: 9.27.12 – Second-Hand Asbestos Risk
September 27th, 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.
“Take Home” – or Second Hand Asbestos Exposure
Recently, the medical profession has begun to recognize that people can be affected by asbestos-caused diseases through secondary or passive exposure.
Also known as second-hand asbestos exposure or “take home” asbestos exposure, passive exposure refers to exposure to asbestos fibers that become embedded on a person’s clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.
For example, cases of second-hand asbestos exposure were recently been reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.
And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.
Secondary asbestos exposure is also possible 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.
Asbestos Lawsuits
Galveston, TX: Jerry Mapp, son of the recently deceased Sam Billy Mapp, has filed an asbestos lawsuit alleging asbestos-related illness claimed his father’s life. The named defendants in the lawsuit include BP and Pharmacia Corp.
According to the lawsuit, Sam Billy Mapp—who died from cancer on September 23, 2010—worked as an operator from 1947 to 1952, and was exposed to asbestos dust and fibers prior to 1980. The lawsuit claims that the defendants knew, or in the exercise of ordinary or reasonable care should have known, that the asbestos containing insulation and/or machinery they manufactured, sold, designed, supplied, distributed, mined, milled, relabeled, resold, processed, applied or installed was poisonous and highly harmful to the plaintiff’s health.
The lawsuit further claims that the defendants failed to adequately warn Sam Billy Mapp of the dangers associated with the asbestos containing products and/or machinery. Jerry Mapp is seeking unspecified damages. (setexasrecord.com)
St. Clair County, IL: Thirty-three defendants companies have been named in an asbestos lawsuit filed by Lynn Torres, who alleges he developed lung cancer as a result of asbestos exposure on the job.
Torres worked as a welder at Kaiser Aluminum from 1966 until 1975 and at the Carpenters District Council for an unspecified amount of time. The lawsuit contends that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the Torres’ safety.
The lawsuit alleges that as a result of his asbestos-related disease, Torres became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Further, Torres’ became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him.
Torres is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to prevent the defendants from performing similar conduct in the future, plus other relief the court deems just. (madisonrecord.com)
St. Clair County, IL: James Mahan has filed an asbestos lawsuit naming 48 defendant corporations that, he alleges, caused him to develop lung cancer.
Mahan worked as a submarine maintenance worker from 1954 until 1957, as a nursing assistant at the VA Hospital from 1958 until 1980 and from 1980 until 1983 as a maintenance man for the North Little Rock Housing Authority, according to the lawsuit. It was during this time and through his work that he was exposed to asbestos.
In his complaint, Mahan alleges the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety, the lawsuit states.
As a result of his asbestos-related disease, Mahan became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, he claims.
Mahan is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants, plus other relief the court deems just. (madisonrecord.com)
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