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.
St. Clair County, IL: Craig Hirsch filed an asbestos lawsuit naming 41 defendant companies, who, he alleges, caused him to develop lung cancer after his exposure to asbestos-containing products.
Throughout his career Hirsch worked as a boiler tender for the U.S. Navy at the Chicago Training Center in Chicago from 1960 until 1962, as an operator at Ford Motor Co. from 1964 until 1966, as a repairman and operator at Ford Motor Co. from 1964 until 1966, as a repairman and operator at Detroit Diesel in Michigan from 1965 until 1983 and as a pipefitter for Consumers Power in Michigan in 1969, according to his lawsuit.
Hirsch claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for his safety. Consequently, he developed asbestos-related diseases, became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Moreover, 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, the plaintiffs claim.
In his five-count complaint, Hirsch is seeking a judgment of more than $50,000, plus punitive Read the rest of this entry »
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.
Jefferson County, TX: The widow and children of a man who recently died after developing pulmonary asbestosis, have filed an asbestos lawsuit alleging that John Dixon Sr., developed the illness and died as a result of spending a career working around products that contained asbestos.
Agnes Dixon, Jane Lampman, Molly Abshier and John Dixon Jr. filed a lawsuit against E.I. Dupont De Nemours and Company, Tin Inc. formerly known as Temple Inland Forest Products, Tin Inc. formerly known as Temple-Eastex, Inland Paper Board and Packaging, Temple Inland, Inland Container, Inland Orange and Owens Illinois.
They allege John Dixon Sr., was exposed to asbestos dust and fibers throughout his career at DuPont and Owens Illinois. As a result, he developed pulmonary asbestosis and died on Sept. 20, 2010. Dixon’s widow and children also allege that the defendants negligently failed to warn workers of the dangers of asbestos exposure. In their complaint, the plaintiffs seek exemplary and punitive damages, plus damages and court costs. (SETexasrecord.com)
Libby, MT: People suffering from asbestos-related illnesses including asbestosis and mesothelioma have been awarded a $43 million settlement by a judge in Montana. The people were made ill as a result of their exposure to asbestos from the infamous W.R. Grace asbestos mine in Libby, Montana. Reports indicate that a large part of the settlement will be paid by Warren Buffett’s Berkshire Hathaway.
The settlement resolves a lawsuit filed against the state and the mine by former miners and their families who accused the state of failing to properly oversee the mine or warn workers of dangers there. Miners had originally sued W.R. Grace but after the company filed for Chapter 11 bankruptcy in 2001, they sued the state for failing to adequately protect them, court documents state.
Some 1,400 people are expected to receive payouts from the settlement, which was approved September 8, by Montana District Court Judge Jeffrey M. Sherlock, ending ten years of legal wrangling. However, while the settlement ends numerous cases and claims against Montana it “expressly reserves their claims against all other responsible parties,” according to the agreement.
Many of the victims of asbestos exposure from the Libby mine are now over 65, and others have since died of asbestos-related diseases such as asbestosis and cancers such as mesothelioma, records show. (Insurancejournal.com)
Los Angeles, CA: The family of Merlin Olsen, a Hall of Fame football player and actor, has reached a settlement in their asbestos lawsuit. Olsen’s family alleged in their suit that Olsen was exposed to asbestos-containing products throughout the course of his career working on construction sites, which he did in his youth. The lawsuit was filed against several asbestos companies that the family say caused the rare form of cancer Olsen developed late in life. The settlement includes 10 companies that made or used the asbestos-containing products.
A notice of settlement was filed by the attorneys for Olsen’s wife and children in Los Angeles. No further details were provided. Olsen, who was a member of the Los Angeles Rams “Fearsome Foursome” in the 1960s, died in March 2010 after losing his fight against asbestos mesothelioma. (Forbes.com)
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?
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.
As early as the 1930s executives at companies where asbestos was mined and/or used have been covering up the dangers of asbestos disease to their employees. These execs didn’t suffer from asbestosis or die from mesothelioma; instead they wrote thousands upon thousands of death sentences by hiding or destroying asbestos warning memos from doctors, unions and even insurance companies.
Instead, they paid off many sick workers and made them promise never to tell their co-workers about their disease. Recently, some of these hidden documents have been found and you can read this one online. They are chilling, to say the least, and prove without a doubt that these despicable companies knew and concealed the hazards of asbestos for decades.
“…if you have enjoyed a good life while working with asbestos products, why not die from it.” – 1966 memo by the Director of Purchasing for Bendix Corporation, now a part of Honeywell, to Canadian Johns Manville Co. in Asbestos, Quebec.
The Trinity of Evil: Bendix Corporation, Manville and W.R. Grace.
Manville filed for bankruptcy in 1982 after settling so many asbestos liability claims. This is a convoluted story, so please bear with me: In 1986 a judge approved a settlement that created the Manville Personal Injury Settlement Trust to settle asbestos claims.
Manville’s liability insurers, of which Travelers was the primary, contributed hundreds of millions of dollars to the trust in exchange for immunity from future claims related to Manville’s liability insurance policies. This arrangement was subsequently in more than 40 other asbestos cases and Congress wrote it into law. It also meant that asbestos claimants and others who were a part of the 1986 agreement could not make future claims or challenge the bankruptcy.
In 2001, new plaintiffs sued Travelers of conspiring with Manville to hide the dangers of asbestos from the public. One of the plaintiffs was Chubb Indemnity Insurance Co, an asbestos industry liability insurer with its own asbestos claims.
In 2004 Travelers paid $500 million to the plaintiffs in exchange for an order from the bankruptcy court that the original 1986 agreement barred future lawsuits. Just two months ago, a ruling by the 2nd Circuit Court of Appeals reversed rulings by a district court and bankruptcy court related to Travelers’ involvement with Johns Manville Corp and Chubb can now sue Travelers Insurance Cos-because Chubb was not a part of that 1986 agreement, unlike countless asbestos victims.
Grace is doubly despicable. Not only did it know in 1960 when it took over the Libby mine that vermiculate could kill people-and continues to potentially harm about 30 million Americans who have the product in their homes-the company didn’t even file for bankruptcy honestly. In May 2002, the Justice Department charged that Grace “removed billions of dollars of assets against which parties who were injured or damaged by Grace’s asbestos-containing material had claims”. Grace could get slapped with a $280 million fine and executives may face up to 70 years in prison.
One can only hope their cells are contaminated with asbestos fibers
Canadians are proud of their healthy lifestyle– surrounded by wide open spaces, fresh air and clean water. But there’s a nasty blight on this near-perfect landscape: Quebec’s asbestos mine. Yep, Canadians still allow asbestos mining, despite the World Health Organization’s (WHO) plea to ban asbestos in every country and despite medical and political professionals warning about asbestos mesothelioma, lung cancer and asbestosis.
Quebec exports mined asbestos to many underdeveloped countries and Canada is the leading exporter of chrysotile asbestos–putting at stake the lives of countless people who will be exposed to the deadly asbestos fibers and likely unaware of the danger. Even if they knew the risk of asbestos exposure, many people couldn’t afford, or don’t have access to, safety equipment. And their employers aren’t likely to have safety regulations in place.
WHO estimates that 125 million people around the world are exposed to asbestos in the workplace today, and in 2004 alone, 107,000 people died from occupational exposure to the fibre. The use of asbestos is restricted in the US, but not banned.
Last week in Ottawa about 100 medical and political professionals–including a handful of people from Quebec’s own professional, medical, academic and scientific communities– held an anti-asbestos rally to protest the last active asbestos mining in Asbestos (yes, the town is actually called Asbestos!), Quebec. Increasing pressure on the government couldn’t come at a better time: asbestos industry officials are waiting on yet another loan from the government, this time to approve another underground asbestos mine. It would mean about 30 years of exports and it could create 450 jobs. BIG DEAL.
The two asbestos mines in Quebec only have about 700 people on the payroll. In 1979, the Canadian asbestos industry was valued at US$652 million, and that amount has decreased significantly. Not much for so much misery it has caused.
So how about the government coming up with another means of income for miners? After all, they’ve done it before with pulp and paper mills that went belly-up. In 2008 the Canadian government spent nearly $20 million in the past two decades to promote exports of the mineral, almost all of it going to developing nations. How about spending on alternative job creation instead of asbestos promotion?
Do Canadians want to be known for the next 30 years as the biggest exporter of asbestos? That’s grounds for separation from Quebec!
Of course the asbestos industry defends itself by denials and lies. Industry spokespersons in Asbestos (town of) claim that chrysotile is less dangerous than other forms and with care can be used safely. But just about everyone in the know vehemently disagree.WHO claims that all types of asbestos cause asbestosis, cancer and mesothelioma and in a report last year, the former Assistant Surgeon General of the US said that “the chrysotile lobby relies on misinterpretations, false claims, and undocumented statements to advance its global propaganda campaign for the continued use of chrysotile asbestos. . . . Blow away their smoke . . . and truth emerges for all to see: asbestos is deadly . . . and the continued use of chrysotile is unconscionable.”