A recent asbestos lawsuit filed in Texas on behalf of resident Jerry Martin and his wife Barbara alleges that insurance companies like MetLife conspired to conceal the truth about the hazards of the toxic mineral.

According to an article in the Southeast Texas Record, a lawyer acting on the Martins’ behalf has filed suit against 14 defendants, including Union Carbide, MetLife, Able Supply Co., Freeman Hardware and Pump Co. and Garlock Inc.

The article notes that Mr. Martin worked with and installed asbestos products throughout the county while employed by Freeman from 1962 through 1970.

“The illnesses and disabilities of (Jerry) Martin are a direct and proximate result of the negligence of each Defendant and/or its predecessor-in-interest in that said entities manufactured, distributed, designed, sold … and put into the stream of commerce, asbestos-containing products, including asbestos-containing pipe … which Martin worked around,” the suit says.

The suit continues, claiming that Metropolitan Life was also “negligent in failing to convey and actively suppressing information regarding the dangers of asbestos.”

“The defendant, an insurer of the major asbestos manufacturers, had unique knowledge of the asbestos disease and experience of its insurers,” the suit says.

“In order to minimize its claims and maximize its profits, MetLife aided and abetted the concealment and misrepresentation of scientific studies showing that asbestos could cause cancer in animals, participated in an industry-wide fraud and decades-long deception of government authorities and the workers who used and handled the asbestos products of its insurers.”

Workers at the Terry R. Harris Judicial Complex in Colorado Springs are doing a lot of moving around this summer, thanks to the discovery of asbestos at the government building.

According to an article in the Colorado Springs Gazette, a $12 million, two-year asbestos removal project “has judges and clerks moving courtrooms, entire hallways being closed to the public and people generally scratching their heads as to where they need to go.”

“We’re doing everything we can to keep the public informed,” courthouse administrator Victoria Villalobos said. “The tough part is that everything will change again in six months.”

The article notes that about 4,000 individuals visit the complex each day and many head to the south tower to conduct their business, where abatement and other renovations have been ongoing since early June. Currently, about one-fourth of the tower is closed, the article points out.

Employees have been assured that their health is of the utmost importance. Air monitoring tests are constantly being performed and vacuums and special filters are set up in the removal areas.

“There’s no way we can get contamination with these special filters,” said Don Johnson, project supervisor from GH Phipps.

Becky Montes, El Paso County’s facilities and environmental manager, told the newspaper that air tests performed since a south tower judge reported seeing strange dust in the courtroom years ago “never exceeded” state Department of Public Health and Environment standards.

Officials at the judicial complex note that the abatement has caused a “logistical nightmare” but they are confident that the work will proceed as scheduled. They advise visitors to the complex to allow themselves extra time to navigate the changes.

This morning, the Supreme Court announced that they’ve rejected an appeal by W.R. Grace and Company in a federal suit against the company and six of its executives, allowing the government’s case go to trial.

According to an article in Forbes, in the appeal, W.R. Grace argued that “the Environmental Protection Agency’s definition of asbestos doesn’t cover most of the substances taken from the mine. A federal district court judge agreed with the company, but the 9th U.S. Circuit Court of Appeals overturned that ruling.”

The company and the executives named in the suit have been charged with several violations of the Federal Clean Air Act, even though they were allegedly aware of the dangers of the mineral. Grace operated a vermiculite mine in the northwestern Montana town of Libby from 1963 to 1990. Asbestos has already sickened approximately 2,000 residents of the town (including mine workers) and more than 200 have already died.

By the time the Maryland-based company had declared Chapter 11 bankruptcy in 2001, 10,000 asbestos-related lawsuits had been filed against it.

“The company agreed to a $3 billion settlement in April that will allow it to emerge from bankruptcy without further asbestos liability,” the article explains. In addition, the settlement sets up a trust fund that will be used to pay claims against the company.

Earlier this year, Grace also agreed to pay the government $250 million to reimburse it for the investigation and cleanup of asbestos contamination in Libby. The clean-up began a few years ago and is ongoing.

Previously, the Supreme Court rejected a separate appeal by the six executives who now face up to 15 years in prison if convicted on their crimes.

The Niagara Falls Memorial Medical Center will have to pay a significant fine after a U.S. Department of Labor’s Occupational Safety and Health Administration inspector discovered a lack of appropriate asbestos removal and disposal during a December 2007 remodeling project. The inspection, which was ordered after a medical center employee made a complaint, turned up an array of possible health risks.

“There was a breakdown of essential precautions before, during and after this work,” claimed Arthur Dube, the Buffalo-area OSHA Director.

The inspection report states that employees did not wear proper safety equipment, including protective clothing and breathing apparatuses. In addition, employees did not properly dispose of the asbestos-containing materials during the renovation process. There were also no air quality tests conducted before, during or after the remodel was completed.

The OSHA’s report indicated that Niagara Falls Med Center officials did comply with inspectors and began working to remedy the situation immediately. The center has 15 days to pay a hefty $110,000 fine.

“The medical center’s failure to supply and ensure these basic and required safeguards placed these employees at risk of debilitating disease,” said Dube.

Exposure to asbestos has been linked to the eventual development of mesothelioma, a deadly cancer that attacks the pleural lining of the lungs. Mesothelioma can lie dormant in the body for up to fifty years, and mesothelioma victims will generally survive for an average of two years upon diagnosis. There is no known cure.

Concerns over the lack of air quality tests remain, as workers have no way of knowing if they were exposed to high levels of asbestos while working at the medical center.

The Montclair, NJ township council has decided to launch its own investigation into asbestos problems at the city’s Renaissance Middle School after parents expressed much concern about exposure to the toxic mineral.

“After hearing emotional appeals from representatives of Renaissance parent groups, Mayor Ed Remsen directed Township Manager Joseph Hartnett and Township Attorney Alan Trembulak to gather information on what would be needed for the municipal governing body to mount its own review of the asbestos contamination at the century-old school building,” states an article in the Montclair Times.

The council also agreed to set aside as much as $10,000 for a review of the situation at the middle school.

“We’re very pleased that the council took this action,” said Helene Richman, a member of the Concerned Parents of Renaissance (CPR). Richman, notes the article, was one of eight parents who drafted a petition calling for a township-led probe. More than half of the 200 families with kids that attend the middle school signed the petition, Richman said.

“Our goal is to have the town hire outside research consultants who are trained to sort through all the information and compile a complete, and accurate report that will be available to the entire community,” the concerned parent said in her statement to the council.

The Montclair School District leases the Renaissance Middle School facility from the Archdiocese of Newark. The building is about 100 years old and has had asbestos problems in the past.

School district superintendent Frank Alvarez continued to try to reassure parents that students are not at risk. In a letter to school families, he wrote: “The building was inspected by state and local officials monitoring the district, including agents from the Asbestos Control and Licensing Division of the N.J. Department of Labor, the N.J. Department of Health and the Montclair Building Inspector. All agencies agreed that the school was safe for students and staff.”

Earlier this week, the U.S. Environmental Protection Agency issued a report describing several options for clean-up at the North Ridge Estates site near Klamath Falls, Oregon, home to a former U.S. Marine barracks.

In the 1940s, the U.S. Navy constructed a Marine barracks on the land, consisting of approximately 80 buildings, all of which contained asbestos building materials. “In the 1970’s those buildings were demolished, and the North Ridge Estates, a residential housing subdivision, was constructed,” explains a story aired on KDRV 12. “Since that time, both the Department of Environmental Quality and the EPA have worked to completely remove the asbestos from the area.”

“On Thursday, crews simulated raking an area where the EPA has not observed asbestos yet. The activity-based sampling mimics what residents do at home to determine if there are asbestos fibers in the soil,” the story stated.

Officials say that though clean-up has happened at various parts of the site, there is still much work to do to make North Ridge Estates asbestos-free. They also stated the this week’s sampling is the last to be done before they finalize details for the remainder of the clean up process.

“Cleaning up asbestos to protect the health of people, we’ll do one of two things. One is to just fence off parts of the site so that people can’t come in contact with the contamination. Another way is to conceal it under a cap of clean soil,” says Public Information Officer Judy Smith.

The Wall Street Journal reports that “bank demands for about $100 million in extra interest payments could upset a key deal with asbestos creditors, derailing W.R. Grace & Co.’s bid to exit from Chapter 11 bankruptcy.”

According to the article, a deal reached in April should allow Grace to close the bankruptcy in 2009. However, banks requesting interest at default rates may throw a monkey wrench into the plans.

In papers presented to the court, Grace said they were “poised to proceed with the proposed asbestos settlement and emerge from Chapter 11. The lenders’ most recent demand, however, threatens to derail that process.”

Technically, the banks have deemed Grace’s Chapter 11 proposal “unconfirmable” because they claim it short-changes them by failing to give them the default rate of interest on their loans.

The company has asked presiding judge, Judith Fitzgerald, to quickly decide whether or not the banks are entitled to the extra interest.

“If the banks win a ruling from Judge Fitzgerald that the company owes them interest at the higher rate, a trial that was stopped midway for the settlement will start up once more,” Grace warned.

“That’s because the outcome of the trial will determine whether Grace has enough value to cover its asbestos liabilities and other debts,” the article explains. “If Grace is found to be solvent, banks could be entitled to collect interest at default rates, which are higher than the rate specified in the loan contract.”

An old elementary school that now houses the Cultural Arts Center in Dothan, Alabama has a severe asbestos problem, says Ann Cotton, executive director of the center.

According to an article in the Dothan Eagle, asbestos tiles are constantly coming loose in the cafeteria area, Cotton notes, creating a hazard every time a member of the maintenance staff mops the cafeteria floor. Cotton worries about asbestos exposure, she says, because the cafeteria is a busy area and often hosts special events that involve children.

“It’s in a public place,” Cotton said. “Floor tiles have come up. When I took over the center a year ago, tiles were already up. Pieces are broken.”

Cotton says the Cultural Arts Center took possession of the building in 2002 and is ready to begin its second round of renovations at the school, but they can’t proceed until they address the asbestos problem. She is asking the city to pay $23,000 to have it removed from the sprayed on ceiling, over pipes and conduit, in the ductwork and in the floor tiles and mastic that held the tiles to the concrete slab. In the meantime, activities in the cafeteria area will be severely limited.

“The cafeteria part was an addition made to the building in the early ‘70s. At that time, asbestos was something you used,” she said. “In terms of our use now, it is a high traffic area but we go to that room less often now.”

Cotton said no one is panicked over the asbestos, but everyone wants the space cleared as soon as possible.

“We know asbestos is there and most of our tenants know. We have concerns if it stays. That room is the second largest multi-use space the center has. We use it for arts classes that are large and 50 kids are in there for the art portion of our summer multi-discipline camp. We can’t move forward until that is removed. We thought it would be by September.”

The city, who leases the building to the center, has indicated that they will help with the asbestos abatement.

Approximately 200 middle school students were forced to evacuate the Renaissance Middle School Building in May after officials determined that there were high levels of asbestos-containing materials had been disturbed during construction work. Officials from the New Jersey State Department of Health and Senior Services located asbestos-containing plaster products within the school and deemed that students may have been at risk for inhalation.

Dana Sullivan, Business Administrator for Montclair, NJ schools, assured parents that Renaissance Middle School is now “completely safe” and that the 100-plus air quality tests that have been conducted within the building have indicated that there is no longer a threat of asbestos inhalation. Despite this, Sullivan stated that a dining hall that had previously contained asbestos would no longer be used by students or staff as an additional precaution.

Sullivan’s statements did not satisfy all parents in the Montclair district. In fact, it was parents that first complained about conditions in the Renaissance building after their children divulged that constant construction led to dust and debris on tables, chairs, and other surfaces in Madonna Hall, where the students ate lunch. New Jersey health inspectors were brought in after the initial complaints and confirmed that there were in fact asbestos-containing materials within the school.

Complaints poured in again in mid-May, and health inspectors were again called in to investigate. The school released a letter to parents stating that plaster ceiling tiles may have been “disturbed” during construction. The following day, students were removed from the school and were kept at home for two days while professional cleaning crews were sent in to properly decontaminate the affected areas. School resumed on May 21st, after health agencies deemed Renaissance an asbestos-free building.

Despite the Montclair districts best efforts to promptly remove all asbestos, parents continue to be unhappy in regards to the way the situation was handled by school officials. Several parents claim that, although asbestos was found in March, they were not informed until mid-May. The omission has prompted several parents to write angry letters to school administrators.

New Jersey has several school buildings that are in desperate need of structural repairs, and the potentially dangerous affects of asbestos exposure are expected to become a serious issue. Asbestos exposure has long been linked to the eventual development of mesothelioma, a deadly cancer affecting the pleural lining of the lungs that has no known cure and a survival rate of less than 1%. Mesothelioma can lie dormant in an individual for upwards of fifty years, a fact that promotes fear for the future in Montclair students and their parents.

“Nobody was really watching out for the kids,” said Mary Ann Cucci, PTA president and student parent. “The level of trust is just not there anymore.”

A long-time maintenance man at the Sweetwater Union High School District in the South Bay, San Diego (Calif.) area recently contacted the investigative team at a local news station to tell them he believes students there are still being exposed to asbestos, despite the fact that the district has received thousands of dollars for asbestos abatement.

According to a story recently aired on 10News, George Gerber, a maintenance employee for 17 years, came to the 10News I-Team with boxes of documents. He says he’s repeatedly tried to get the district to listen to his concerns about asbestos exposure, but he’s largely been ignored.

“Almost all of the older schools had some type of asbestos in one form or another,” Gerber points out. “There are areas and rooms that I’ve been reporting for extended period of time that’s almost gone on for 2 years that haven’t been addressed,” he says.

“The I-Team’s asbestos investigation sparked the interest of Frank Parra, who is Vice Mayor for National City,” the story claims. “He’s taking action because three schools in National City – National Middle School, Sweetwater Union High School and Granger Junior High School – are part of the Sweetwater Union High School District.”

Officials say bond money earmarked for asbestos removal in the district has been used for other issues instead. “They got the money and the first thing they did was add on a new wing to the administration building,” says Bernadine Hoff, who served on the San Diego County Grand Jury in 2002-2003. That jury investigated the district’s use of its bond money and the district’s priorities.

Hoff applauds Gerber for taking a stand against the district. “I think he’s a brave man and a good man,” Hoff says.

The district maintains that the asbestos poses no health threat to students and staff, but Gerber has been denied access to the school grounds unless he’s accompanied by another school employee.