Wednesday, September 29, 2010

Mesothelioma Cases

A Mesothelioma Case is a lawsuit against a company that mines, manufactures, distributes or uses asbestoses. And in the process of conducting their business, people (employees, relatives, people in proximity to the use or processing of the asbestoses) are exposed to asbestoses. For some of these persons that exposure turns into malignant Mesothelioma. At that point the person so exposed may have a legal case against the producer of the asbestoses exposure and seek compensation for the damages done to the person exposed. When a person has been diagnosed with Mesothelioma, they might be entitled to compensation as the result of the injury they incurred from the exposure to asbestoses.

For many years industries that produced and used asbestoses denied its danger to persons exposed to the mineral. Then even after it was undeniably shown that exposure to asbestoses was potentially deadly, the industries refused to warn their workers and others of this danger. After years of litigation and mounting political pressure, regulations were instituted for the safe use of asbestoses. These same regulations fixed the responsibility for past exposure to asbestoses to the manufacturers and users of this material.
A Mesothelioma Case brought today does not have to prove that exposure to asbestoses is dangerous. A case today must demonstrate that the companies responsible for the exposure acted negligently in the use, handling, removal or disposal of the asbestoses.
Today there are many websites and links where a patient with Mesothelioma can find information about medical and legal resources concerning Mesothelioma Cases. These sources include medical centers and doctors who specialize in the treatment of Mesothelioma as well as information about exposure to asbestoses and its harmful effects.
Widow Gets Six-Figure Sum in Asbestos Case
August 15th, 2008
The widow of a man who worked at British Nuclear Fuels for more than 40 years has received a large six-figure settlement in an asbestos case brought on behalf of her husband, who died only three weeks after he was diagnosed with malignant mesothelioma in April 2007.
According to an article in the North-West Evening Mail, Ronald Rumney trained with the company as an electrician from 1952 to 1957 and then continued to work for British Nuclear Fuels until his retirement in 1994.
His wife, Norma, says Ronald felt strongly about filing a claim for compensation for his illness and instructed his wife to continue with the suit after his death. Mrs. Rumney also worked at British Nuclear Fuels’ Sellafield refinery but has not shown any signs of developing asbestos-related disease, the article notes.
“When Ronald was told he had mesothelioma and had only weeks to live, we were devastated,” said Mrs. Rumney. “He knew he had been exposed to asbestos at Sellafield and was determined that justice be done.”
“Unfortunately his tumor was so aggressive, he died shortly afterwards and I vowed to continue the fight,” she adds. “I’d like to thank all of his colleagues who came forward as witnesses to help us with the case. They helped prove how Ronald was exposed to asbestos at Sellafield.”
Courthouse Asbestos Removal Can’t Wait
August 15th, 2008
Asbestos abatement at the Columbia County Courthouse in Portage, Wisc. can’t wait until next year because of the danger of exposure to the toxic mineral, Building and Grounds Inspector Cory Weigel told the county’s finance committee earlier this week.
An article in the Portage Daily Register quotes Weigel as saying that asbestos removal at the courthouse is essential as county maintenance employees often need access to the pipes, wires and ducts concealed by the hallway ceiling tiles on all three levels of the courthouse. Weigel notes that those tiles, made with asbestos, are friable, which means they are crumbling and can easily release airborne asbestos dust when handled.
County finance committee members grumbled about the $74,000 cost, but Weigel stood his ground about the abatement, reminding them that exposure to asbestos can cause serious pulmonary diseases, such as asbestosis and mesothelioma. He says the project will begin as soon as a licensed abatement professional can be found. There are only a few in the county, he notes, and many of them work on school buildings during the summer when students are on vacation.
The courthouse abatement will be done during the weekends when the courts are closed and no employees or members of the public are present, Weigel stressed.
The need for the removal project was discovered earlier this year when small amounts of asbestos was found in 15 areas of the building, probably caused by old pipe insulation. Discovery of the asbestos tiles in the ceiling came later and prompted a quicker and more costly remedy.
Bozeman Residents Warned of Asbestos
August 14th, 2008
Bozeman, Montana residents are being warned that asbestos may be in their homes, gardens, and neighborhoods, reports a story aired on KBZK – TV. Residents of the cities of Helena and Livingston are also being told they may face the same hazards, the story reports.
The asbestos in question originated from the former Karst Mine and other similar mines in Gallatin County, reports Montana’s Department of Environmental Quality (DEQ). The Karst Mine operated from the early 1900s until the 1950s and mined the anthophyllite type of asbestos, a member of the amphibole group.
“Asbestos insulation milled from ore originating at the Karst Mine is known as Karstolite and has been found in several structures in Bozeman, Helena and Livingston,” said John Podolinsky, Project Officer with the DEQ Asbestos Control Program.
Podolinsky adds that the material was used through the 1950s in homes throughout the area, mostly as attic insulation. “An undetermined number of homes and commercial buildings built before 1960 may contain the insulation. We want to make sure the public is aware of this possibility and if someone finds Karstolite in their home or business that they take proper precautions for handling asbestos,” Podolinsky said.
The DEQ has also detected asbestos in the soil in Bozeman. “Asbestos ore was stockpiled at the Montana Rail Link Asbestos, CMC Asbestos Gallatin Gateway and CMC Asbestos Bozeman sites, and may be found in area soils where it was disposed of or used as fill material,” the story reports. Some sites have been cleaned up while others are currently undergoing clean-up.
The agency has warned residents that if they spot asbestos on their properties or at any other outdoor areas, they should call for an inspector.
“If you think you have found asbestos ore in your yard, park or near hiking trails, do not disturb or transport the soil yourself. Contact the DEQ or refer to our website for more information,” says Colleen Owen, Project Officer with the DEQ Remediation Division.
Homeowners Face Asbestos Insulation Threat
August 14th, 2008
Homeowners who are upgrading their insulation to help save money as energy costs rise need to watch out for the presence of asbestos-containing vermiculite in their attics, notes an article in The New York Times.
According to the Environmental Protection Agency (EPA), millions of homes in America contain attic insulation made with vermiculite. However, not all vermiculite contains asbestos, the agency explains.
The homes most likely to contain asbestos-tainted insulation were insulated between the 1920s and the early 1980s, the article states. During that time, the majority of vermiculite used in insulation products came from the contaminated mine in Libby, Mont., the same mine that has caused the death of more than 200 individuals and sickened thousands in the small Montana town.
While homeowners can usually distinguish between vermiculite and other types of insulation, it’s more difficult to determine whether or not the vermiculite contains asbestos, notes Ed Cahill, national director of asbestos services for EMSL Analytical of Westmont, NJ.
And when a homeowner is uncertain, the best thing to do is test, Cahill notes. Several testing methods are available, the most popular being the Cincinnati Method, which involves placing a sample of the insulation in a large beaker of water, Cahill explains. The vermiculite floats and any material containing asbestos sinks to the bottom.
While it’s not necessary to call an abatement professional if asbestos-tainted vermiculite is to remain undisturbed, a licensed company should be called if the homeowner wants to replace it or add more insulation.
Asbestos Contamination at Waukegan Power Plant
August 13th, 2008
The owners of a power plant along Lake Michigan are sifting through giant piles of sand in search of toxic asbestos that threatens the waters of one of America’s Great Lakes and the beaches that line the lake.
According to an article in the Chicago Tribune, Midwest Generation Power Company has obtained a permit from the Illinois Environmental Protection Agency (EPA) to sift through about 15,000 cubic yards of sand, dredged over the past several years from a nearby canal that draws lake water to cool the company’s coal-fired plant.
The utility company is testing to see whether asbestos can be removed from the sand so that it can be sold to road builders, a spokesman from Midwest Generation said.
But EPA officials worried that the sifting would cause asbestos fibers to make their way into neighboring communities. They ordered the company to cover the area with a tent and bring in fans that filter the air, which is then tested several times daily.
The move by Midwest Generation is being done in an attempt to stop asbestos contamination on Illinois State beaches. It comes on the heels of a report by environmental experts, which says the toxic mineral is a health hazard to those who use the beaches on a regular basis. Local politicians deny there is a problem.
The sand pile at Midwest Generation was no doubt contaminated by material from the former Johns-Manville factory, which manufactured asbestos shingles and pipe at the location for more than 60 years.
“We’re looking for ways to remove this sand from the property without taking it to a landfill,” said Charlie Parnell, a spokesman for Midwest Generation, which bought the Waukegan plant from ComEd in 1999. “This is a problem that affects a lot of people, not just us.”
The testing began last month but the public was not notified, explains the article, because this is only a test to see if the sifting will work. If it does and Midwest Generation continues with the project, the community will be given notice.
Multi-Million Dollar Verdict in Asbestos Case
August 12th, 2008
Mesothelioma victim Marvin Penn, age 71, and his wife Josephine can breathe a bit easier now after winning a $16.25 million settlement in an asbestos suit against a dental supply company.
According to a press release published in Market Watch, Penn’s case is believed to be the first successful asbestos verdict against a dental supply company. Penn had come in contact with dental products manufactured by Kerr Corporation more than forty years ago. Kerr was the sole defendant in the case and the company to which the jury assigned 20 percent of the liability for Penn’s illness.
“The jury believed Mr. Penn and did not believe Kerr’s defense that the product it distributed did not release harmful asbestos dust, and that Kerr could not have known at the time that it was dangerous,” said Penn’s attorney.
Though Penn was employed as a mail carrier for more than thirty years, in the 1960s he attended dental technician school, considering a change in career. It was there that he was exposed to asbestos while making castings by carving wax replicas of teeth using asbestos-containing dental tape, the press release notes.
The jury also placed 20 percent liability on another dental supply company, Dentsply Corp, f/k/a Randsom & Randolf, which settled before the verdict. Another 20 percent liability went to Todd Shipyards, where Penn’s father was employed as a steamfitter and brought asbestos dust home on his clothes daily.
Penn also testified that he was employed in a postal facility across from the former location of the World Trade Center while it was being sprayed with asbestos. The jury decided the spray accounted for the other 40 percent liability.
Parents Say School is Filled with Asbestos
August 12th, 2008
Parents at a Kentuckiana (Ky.) elementary school say conditions at the facility are “unacceptable” due to the presence of asbestos and other toxins.
According to a WHAS – Channel 11 news story, parents say Taylor County Elementary School is filled with asbestos, mold, and mildew, and their kids are paying the price with their health.
“Currently, my son has the sniffles, the coughs, the sore throat,” said parent Kim Lawson, noting that this only happens to her son only when he attends school at Taylor County Elementary. Another parent cited similar symptoms.
“When’s she’s out of school, she’s okay. But when she goes back to school, it starts back on day one,” says one parent who wished to remain anonymous.
“When you see green slime on the walls… it’s mold. And when you see black mold behind the file cabinets, you know there’s a problem,” said Lawson, who also noted fears about exposed asbestos in the classrooms.
“At the beginning of the year they paint over the mold. And by the end of the year, it’s eating through the paint,” said the anonymous parent. “I want to know why every classroom has an air purifier in it and why the teachers are sick all the time.”
Both asbestos and mold can cause severe respiratory problems. Asbestos diseases like mesothelioma can also surface up to 50 years after exposure, so it’s impossible to know what kind of affect the conditions may have on the students, staff, and faculty at Taylor County Elementary.
Massachusetts Man Faces Hefty Asbestos Fine
August 11th, 2008
A man from Worcester, Mass. is being fined in excess of $50,000 for allegedly tearing down a building covered with asbestos shingles without regard for the safety of his workers and for the public in general.
According to an article in the Worcester Telegram, the fine against Robert T. Peltier was announced late last week. Peltier is the owner of a property on Sutton Lane that was demolished more than two years ago. At that time, Peltier failed to properly remove asbestos before demolition.
“The laws are very specific that if you have asbestos-containing materials in a building, in this case in the shingles, you have to handle them with care, because asbestos is a cancer-causing material,” said state Department of Environmental Protection (DEP) spokesman Edmund Coletta.
“The shingles are broken up by demolition or being dropped on the ground and put asbestos fibers into the ambient air around the site,” Coletta said. “The workers could breathe them in, and they could travel from the site as well and affect others.”
An anonymous tip alerted the DEP to the asbestos problem, the article notes. After inspecting the property, officials determined Peltier violated state asbestos regulations by “failing to notify the agency of the demolition, failing to remove asbestos materials prior to demolition, failing to seal the work area, failing to filter the air in the work area and failing to properly handle asbestos materials,” the article said.
In addition, asbestos debris was found buried on the property, DEP inspectors noted. A licensed asbestos contractor was eventually hired to remediate the problem.

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