Posts Tagged ‘ asbestos_mesothelioma ’

Asbestos News Roundup: 4.22.11

April 22nd, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

Charleston, WV: Layman B. Saltz and his wife, Patricia K. Saltz, from Lufkin, Texas, have filed an asbestos suit naming 37 companies as defendants, and alleging that those companies are responsible for Mr. Saltz’s diagnosis of asbestos mesothelioma. He was diagnosed, according to a complaint, on December 29, 2010.

The defendants are being sued upon theories of negligence; contaminated buildings; breach of expressed/implied warranty; strict liability; intentional tort; conspiracy; misrepresentations; and post-sale duty to warn, according to the suit.

The 37 companies named as defendants in the suit are: 3M Company, Inc.; A.O. Smith Corporation; A.W. Chesterton Company; American Radiator & Standard Corporation; Certainteed Corporation; Cleaver Brooks, Inc.; Eaton Electrical, Inc.; Flowserve FSD Corporation; F.B. Wright Company; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Georgia Pacific Corporation; George V. Hamilton, Inc.; Goulds Pumps; Honeywell International; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll Rand; Joy Technologies, Inc.; Kelly-Moore Paint Company, Inc.; Metropolitan Life Insurance Company; Owens-Illinois, Inc.; Pneumo Abex Corporation; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Superior Boiler Works, Inc.; Tasco Insulations, Inc.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; Viacom, Inc.; Vimasco Corporation; Weil-McLain Company; and Zurn Industries, LLC. (wvrecord.com)

Charleston, WV: William B. DePaoli Jr, from Canonsburg, has filed an asbestos claim alleging that during his employment he was exposed to asbestos which subsequently led to his diagnosis of malignant mesothelioma.

DePaoli Jr. was exposed to asbestos during his employment at various job sites around West Virginia, according to his complaint. The suit alleges that the defendants failed to advise Read the rest of this entry »

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos_mesothelioma, asbetos hot spots
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Dying for Breath: When Asbestos Safety Gear Isn’t Safe

April 20th, 2011. By LucyC

When you hear the term ‘safety equipment’—defects are likely not the first thing that come to mind. You buy a respirator that has supposedly been tested for use in toxic environments and marketed based on the strength of that, and you could quite understandably think you’re good to go.

Well, maybe not. It seems that old adage—all things are not created equal—also applies to respirators. And this is a particularly serious issue if you use a respirator for work around asbestos, or coal, or other toxic substances.

Because asbestos is so hazardous to human health—it’s known to cause several types of diseases including cancer—the federal government introduced laws mandating the use of respirators for people who work around the mineral. This might include asbestos miners, people who work with asbestos insulation and the manufacture of goods containing asbestos. The idea behind the law is that the respirators would prevent tiny airborne asbestos particles from entering a person’s lungs and possibly causing asbestosis and asbestos mesothelioma, which is usually fatal. So, all in all—respirators are pretty important pieces of ‘safety equipment.’

The problem is that some respirators have been found to have design defects that pretty much make them useless. Worse, the person wearing the respirator will have no way of knowing that the piece of equipment they are trusting with their life is not working properly. They may only find out when, years later, they are diagnosed with an asbestos-related disease.

And this is not an insignificant problem. Some estimates suggest that more than 84,000 lawsuits have been filed against 3M—a company that makes respirators—because the product failed to filter out asbestos particles. About a year ago—in April 2010—LawyersandSettlements.com interviewed Robert Rowland at the law firm Goldenberg Heller Antognoli & Rowland regarding asbestos litigation. They had been involved in defective respirator litigation, which had resulted in over $7.8 million in settlements for Illinois Coal Miners in claims against respirator manufacturers. They had also filed more than 250 asbestos lawsuits since 2008.

So who’s at risk? Asbestos is mainly used as an insulating material—it is a very effective fire retardant material, hence its use to insulate boilers, pipes, and fire doors; it’s used in roofing and many construction materials, and in electrical fittings. So, the types of work environments where you are most likely to encounter asbestos include mines, shipyards, railroads, power plants, and construction sites.

Workers who may be at risk for asbestos exposure include, but are not limited to:

• Boiler and furnace technicians

• Car mechanics (brake shoes)

• Construction workers

• Navy shipyard workers

• Pipe fitters

• Miners

• Railway workers

• Robert Rowland told LawyersandSettlements.com the following:

“Many of our clients are members of labor unions in various types of work such as refineries, power plants and steel mills; they built big department stores, grade schools, highways and bridges—all typical examples of people who have asbestos-related disease. Most of our clients are men over 60 years old. We also have represented women—wives and daughters—whose only connection to asbestos was washing their husband or father’s clothes. We bring a measure of hope to our clients, even those diagnosed with mesothelioma. We are able to take care of their families and relieve that pressure while they are battling the disease.

Who manufactures respirators?

• MSA Respirator
• American Optical Respirator
• Cabot Safety Respirator
• Willson Respirator
• Moldex Respirator

Before you buy a respirator do some checking—find out what you can about the company’s safety record—because being informed could save your life.

If you to know more about asbestos—check out our Asbestos FAQ.

Tags: Asbestos, Asbestos Mesothelioma, asbestos respirator, asbestosis, asbestos_mesothelioma
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Asbestos News Roundup: 4.18.11

April 18th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map. 

Asbestos Lawsuits

Charleston, WV: A couple from Hernshaw has named 87 companies in their recently filed asbestos lawsuit, alleging that the defendants are responsible for William Basil Spurlock’s asbestos mesothelioma diagnosis.

In his suit, Mr. Spurlock claims that he did not know of the health hazards known to be associated with asbestos exposure. He further claims that he was unaware that he had medical conditions related to his asbestos exposure until he was diagnosed with asbestos mesothelioma.

Mr. Spurlock was employed by Union Carbide Corporation from 1948 until 1980, according to his complaint. During that time, he alleges that the defendants failed to warn him of the dangers of asbestos; failed to take reasonable precautions to warn him of the dangers of exposure; and failed to inform him of the safe and proper methods of handling and using asbestos products.
Spurlock and his wife, Betty J. Spurlock, are seeking compensatory and punitive damages.

The 87 defendants named in the suit are A.W. Chesterton Company; Amchem Products, Inc.; Aurora Pump Company; Bayer Cropscience; Benjamin F. Shaw Company; 4520 Corp., Inc.; Brand Insulations, Inc.; Buffalo Pumps, Inc.; Burns International Services Corporation; BW IP, Inc.; Cameron International Corporation; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Crown Cork & Seal Co., Inc.; the Dow Chemical Company; Dezurik, Inc.; Eaton Electrical, Inc.; Elliott Company; Fisher Controls International, Inc.; Flowserve US, Inc., f/k/a Durco International, Inc.; Flowserve US Inc., f/k/a Flowserve FSD Corporation; Flowserve US, Inc., a/k/a Nordstrom Valves; FMC Corporation; Ford, Bacon & Davis, LLC; Foster Wheeler Energy Corporation; Foster Wheeler U.S.A. Corporation; the Gage Company; General Electric Company; Geo. V. Hamilton, Inc.; Georgia Pacific, LLC; Gordon Gaskets & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Henry Vogt Machine Company; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Invensys Systems, Inc.; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; 3M Company; McJunkin Corporation; McNally Industries; Met Pro Corporation; Metropolitan Life Insurance Company; Meuller Steam Specialty; Minnesota Mining and Manufacturing Company; Nagle Pumps, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; North Bros., Inc.; NSI Ventures, Inc.; Ohio Valley Insulating Company, Inc.; Onyx Industrial Services, Inc.; Owens Illinois, Inc.; Peerless Pumps, Inc.; Perkinelmer Instruments; Pneumo Abex Corporation; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Roper Pump Company; Schneider Electric USA, Inc.; SFB Companies, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Stockham Valves & Fittings; Surface Combustion, Inc.; Tasco Insulations, Inc.; the Gorman-Rupp Company; the William Powell Company; Tyco Flow Control Company, LLC, a/k/a Crosby Valve, Inc.; Tyco Flow Control Company, LLC, a/k/a Lunkenheimer Valves; UB West Virginia, Inc.; Union Carbide Corporation; Uniroyal, Inc.; Viacom, Inc.; Viking Pump Company; Vimasco Corporation; Waukesha Cherry-Burrell; West Virginia Electric Supply Company; and Zurn Industries, Inc. (WVRecord.com) 

Asbestos Settlements

St. Clair County, IL: An asbestos suit filed in 2009 by retired mechanic, Mack Hambicki, who subsequently passed away from asbestos mesothelioma, reached an out-of-court settlement this week.

Among the defendants named in the suit are Hyster, Arvinmeritor Inc., A.W. Chesterton Inc., Baldor Electric Co. Ford Motor Company, Daimler Trucks North America LLC, Dana Companies LLC, Saint-Gobain Abrasives Inc., and Volvo Trucks. The suit alleged that exposure to asbestos caused him to develop mesothelioma.

Hambicki’s suit, which is now headed by Stephanie Jones as administrator of the Hambicki estate, alleged that from the 1960s onward, Hambicki, during his employment as a mechanic in Michigan, and later in Arizona, inhaled asbestos from products made by the defendants.

Details of the settlements in the case are not yet available, however, Hambicki had sought damages in excess of $50,000. (MadisonRecord.com)

Asbestos Hot Spots

Quebec Government Gives Conditional Support to Jeffrey Asbestos Mine

Toronto, ON: The Canadian Cancer Society is deeply disappointed that the Quebec Economic Development Minister Clement Gignac recently announced conditional support for a project that could lead to the re-opening of Jeffrey Mine in the city of Asbestos.

“From a public health point of view, the Quebec Government has made the wrong decision as all forms of asbestos cause cancer,” says Paul Lapierre, Vice President, Cancer Control and Public Affairs, Canadian Cancer Society. “We strongly urge Minister Gignac to re-consider his decision and to withdraw this support.”

According to media reports, the Quebec Government has given its agreement in principle to the reopening of the Jeffrey Asbestos Mine. The offer is conditional on a consortium of investors lining up the required $25 million in financing by July 1. The consortium, composed of Balcorp Ltd. and partners, has been waiting for the government to announce whether it will guarantee a $58 million loan guarantee to expand the Jeffrey Mine operations, which it says is crucial to restating the mine. Minister Gignac said his announcement affirms that the Quebec government will continue to support the chrysotile asbestos industry.

Other conditions for the Quebec Government conditional support include Balcorp Ltd. contributing $1.5 million a year for five years, starting in 2015, for economic diversification in the region, plus financing annual inspections of the clients who buy asbestos from Jeffrey Mines to ensure they are respecting the same health standards as those in Quebec.

“This decision directly conflicts with global cancer control. The epidemic of asbestos-related cancers, both in Canada and around the world, will continue to spread,” says Lapierre. (CNW.com)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma
Posted in Asbestos Mesothelioma, Emerging Issues | 1 Comment »

Asbestos News Roundup: 4.7.11

April 7th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

Marshall, TX:  A resident of East Texas has filed an asbestos lawsuit against several of his former employers over allegations that during his employment with the defendants, he was exposed to airborne asbestos fibers. Billy F. Wall was diagnosed with asbestos-related pleural disease and mild interstitial pulmonary fibrosis in 2011, following diagnosis and treatment of colon cancer, which he was diagnosed with in 2010.

In their asbestos claim, Wall and his wife, Sandra, claim that Mr. Wall, who worked as a maintenance pipefitter, welder and insulator at the Longhorn Army Ammunition Plant in Harrison County from approximately 1974 to 1996, was exposed to asbestos fibers on a daily basis as his job duties required him to remove asbestos insulation from piping and install new asbestos insulation. Also named in the suit are A.W. Chesterton Co., Cleaver-Brooks Co. Inc., Goulds Pumps Inc., Shreveport Rubber & Gasket and J. Graves Insulation Co. Inc.

The asbestos suit alleges that the asbestos, asbestos fibers and asbestos-containing products were manufactured, distributed and supplied by defendants J. Graves Insulation Co., A.W. Chesterton and Shreveport Rubber & Gasket.

The suit claims that the defendants failed to warn Mr. Wall of the dangers regarding exposure to asbestos; that they failed to test their products; that they failed to instruct consumers of Read the rest of this entry »

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma
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Simmons Firm Lawyers Give Millions to Mesothelioma Research

April 5th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Illinois attorney Mike Angelides of Simmons, Browder, Gianaris, Angelides & Barnerd…

Attorney Mike Angelides: “Our lawyers see how this affects families…that is what has led to a culture…of giving back to this community.”

Holding the plaque The Simmons Law Firm received from the Mesothelioma Foundation are, from left to right: Gregg Kirkland, COO; John Simmons, Chairman & CEO; Michael Angelides, Managing Partner

The Simmons firm in Illinois is well-known for litigating on behalf of people whose lives have been affected by exposure to asbestos. The firm, you might say, has also been very willing to put its money where its mouth is, and over the last several years has pledged some $20 million to mesothelioma and cancer research. 

“I think all of us here would be very happy if we never had to see one of these cases again,” says the firm’s managing partner Mike Angelides. “I wish I never had to see a family go through the heartache and agony of having to deal with this disease. It would be great to find a cure and put this disease to rest.” 

Compared to other types of cancer, mesothelioma affects relatively few people and as a result attracts fewer research dollars. 

“It is an ‘orphan cancer’,” says Angelides. “Although it affects about 2,500 Americans every year, it only receives about 1/10 of one percent of all cancer research funding. We really see it as our moral obligation to help this community, because quite frankly, if we don’t help them, no one will,” says Angelides.  

Although it can be decades before the signs and symptoms of mesothelioma appear, even the slightest exposure to asbestos can lead to mesothelioma or another asbestos-related cancer. Those affected are usually people who have been exposed to asbestos at their place of work at some point during their lives. They can be pipefitters, or construction workers or factory workers—any worker whose job entailed working with either asbestos itself, or components or parts which contained the deadly asbestos fibers. 

There are few treatments and no cure for asbestos mesothelioma. The lungs fill with cancerous tumors and mesothelioma patients literally suffocate to death. 

“This is such a terribly aggressive cancer, fast moving, always terminal, very painful,” says Angelides whose firm has battled dozens of companies over the last 11 years to challenge their careless exposure of workers to asbestos fibers. 

“Our lawyers see how this affects families and what people suffer and what they go through. That is what has led to a culture at the Simmons firm of giving back to this community,” he adds. 

The Simmons firm recently donated $250,000 to the Mesothelioma Applied Research Foundation, a non-profit foundation that funds research and provides education and support for patients and their families. The Simmons firm is the Foundation’s largest aggregate donor and has given the Foundation a total of $2 million over the last decade. 

Through its own charitable organization, the Simmons Mesothelioma Research Organization, the firm has pledged or given millions of dollars worth of grants to US universities that do mesothelioma research including the University of Chicago, Columbia University in New York and the University of California at San Francisco. 

And in Springfield, Illinois, the firm donated $11 million to build the Simmons Cancer Institute currently operating at the Southern Illinois University to address and serve the needs of people with all types of cancer. 

The money comes in part from community-based fund raising efforts, but most it comes from the verdicts and settlements the Simmons firm has obtained over the last decade. 

The tradition of giving back comes from the firm’s founder. 

“This is the philosophy that our founder and current chairman, John Simmons, has had ever since he started the firm and he has really impressed upon us the importance of contributing and giving back to this community,” says Angelides, “and it has really been an honor for us to have been successful enough to do that.” 

Mike Angelides is a partner in the firm of Simmons, Browder, Gianaris, Angelides & Barnerd (known as the Simmons firm). The firm has recovered approximately $3 billion on behalf of hundreds of families affected by mesothelioma and other asbestos-related cancers. Mike Angelides is a frequent speaker at asbestos-related legal conferences.

Tags: Asbestos, asbestos_mesothelioma, cancer, John Simmons, Lawyers Giving Back, mesothelioma, Mesothelioma Applied Research Foundation, mesothelioma research, Mike Angelides, Pro Bono, Simmons Browder Gianaris Angelides & Barnerd, Simmons Mesothelioma Research Organization, Southern Illinois University, the Simmons Cancer Institute, the Simmons Firm
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