Archive for September, 2008

Missouri Woman Files Lawsuit After Developing Mesothelioma Cancer

Tuesday, September 30th, 2008

A lawsuit filed in Madison County, IL court claims that a Missouri woman has developed mesothelioma as a result of secondhand exposure to asbestos. Kristy Ritz filed the suit on September 17th.

Ritz claims that her mesothelioma is a result of exposure to errant asbestos fibers present on the clothes of her father and grandfather, both of whom worked outside the home with asbestos-containing products. Ritz is seeking almost $300,000 in compensation.

The number of individuals, including women, who have developed mesothelioma as a result of secondhand exposure is on the rise.

A second lawsuit was also filed in Madison County court by Linda Lyon of Wisconsin. Lyon alleges that she was wrongfully exposed to asbestos while working at several different locations between 1978 and 2006. Lyon previously worked as an assembly line worker and packager, and in addition to occupational exposure, Lyon’s suit also claims that she was exposed secondhand by a family member who transferred asbestos fibers home on their clothing.

Lyon is seeking $50,000 and is no longer able to work.

Couple Names 55 Defendant Corporations in Asbestos Lawsuit

Tuesday, September 30th, 2008

A California couple have filed an asbestos-related lawsuit naming 55 defendant corporations, including Ace Hardware, in Madison County, IL court. Arvid Johnson, who was diagnosed with mesothelioma on September 15th of this year and his wife, May, claim that Mr. Johnson’s former employers were negligent when it came to protecting their workers from asbestos and that he developed the deadly disease as a result.

Mr. Johnson worked in various professions between 1947 and 2004, including the aforementioned Ace Hardware. He was also employed by the U.S. Navy and worked at a number of gas stations.

The Johnson’s lawsuit alleges that Mr. Johnson was exposed to harmful levels of asbestos while at work and that he has been unable to work since his diagnosis. They are seeking over $200,000 in damages.

FTC Urges Caution Regarding Questionable Cancer Cures

Monday, September 29th, 2008

The Federal Trade Commission (FTC) has issued a warning to cancer patients regarding “bogus cancer cures” after charging five companies for “making false and misleading claims for cancer cures.”

Lydia Parnes of the FTC stated that her organization has joined with the Food and Drug Administration and formed a consumer education website known as CURE-IOUS, which aims to inform cancer patients about questionable cancer treatment and cures.

In regards to the five companies that were recently charged for misleading consumers, Parnes said that there “is no credible scientific evidence that any of the products marketed by these companies can prevent, cure, or treat cancer.” The products sold by the guilty companies included teas, ointments and “mushroom extracts.”

An FDA spokesperson said that his organization is fearful that cancer patients may rely only on unfounded alternative treatments and pass on traditional methods of cancer treatment, such as chemo or surgery. However, a combination of the traditional methods and certain alternative treatments, such as nutritional supplements or acupuncture is sometimes recommended by doctors. The inclusion of alternative treatments, however, are simply a secondary method of controlling pain and symptoms.

A physician specializing in cancer treatment, including oncologists who work with mesothelioma cancer patients, can provide the most accurate information regarding treatment methods.

ExxonMobil Failed To Protect Workers From Harmful Asbestos Exposure

Monday, September 29th, 2008

A court has ordered that ExxonMobil failed to adequately follow asbestos safety regulations as a result of a lawsuit filed on the behalf of a deceased former employee. Bruce Spillman, who worked in ExxonMobil’s Baton Rouge, LA refinery from 1949 to 1986, was diagnosed with mesothelioma cancer in 2005 and passed away that same year. A lawsuit was filed on his behalf by his surviving family members in 2006.

The Spillman family lawsuit cited negligence on behalf of ExxonMobil, who allegedly ignored asbestos safety guidelines in the workplace, even after the company’s industrial hygienist warned ExxonMobil executives about the dangers of asbestos exposure.

The Louisiana Worker’s Compensation Act of 1952 does not mention mesothelioma, thus permitting related lawsuits to be filed by workers who were exposed prior to 1975, when the LA Worker’s Compensation laws were amended.

Woman in Michigan Files Mesothelioma Lawsuit

Monday, September 29th, 2008

Dixie Lee Kimble, a Michigan women, recently filed a lawsuit claiming that she contracted mesothelioma cancer subsequent to being wrongfully exposed to asbestos. Kimble filed the lawsuit against 144 defendant corporations on September 23, 2008 in the Madison Circuit Court.

According to Kimble she was allegedly wrongfully exposed to asbestos numerous times while working at various production factories.
Kimble claims that she was exposed to the toxic materials while working at Seward Luggage in 1973, at the Hush Puppies Shoe Factory in 1976, at various other locations in 1978, and while working as an assembler for Electrolux from 1978 to 2006.

Furthermore, Kimble alleges that she was exposed to asbestos from 1966 to 1971, during which her parents’ home was being remodeled and at which time her father installed a new roof on the home as well as did work on tractor clutches containing asbestos.

Dixie Lee Kimball was diagnosed with mesothelioma on March 21. She is seeking in upwards of $100,000 for punitive damages, $100,000 in exemplary damages, $150,000 in economic damages, and $150,000 in compensatory damages, including the costs of the lawsuit itself.

Kimble claims that the effects of her exposure to asbestos should have been foreseeable by her former employers and disclosed to her upon her hiring at these corporations.

Indiana Asbestos Consultant Fined

Thursday, September 25th, 2008

According to recent reports an Indiana asbestos consultant for the Muncie Community School district has been fined for allegedly violating the Indiana Occupational Safety and Health Act. It is alleged that ACM & Environmental Services improperly removed asbestos materials from Central High School in 2007.

The company has been accused of eight separate violations. The violations include but are not limited to, not having available the proper training records for employees, performing spot abatement procedures without the use of respirator deices, and having untrained employees scrape asbestos without necessary protective equipment.

The contractor handling the mechanical and electrical work purportedly admitted to violating eight guidelines. Among those were failure to reduce the omissions from dust created by the removal, not using safety glasses during removal, and not providing protective clothing for employees removing asbestos.

ACM & Environmental Services is facing a possible penalty stemming from the violations of the Indiana Occupational Safety and Health Act of up to $1,500.

Asbestos removal contractors are required to provide protective clothing, safety glasses, and showering set ups for all of their employees. Violations of these guidelines may result in serious penalties or fines.

Pennsylvania Elementary School Asbestos Removal Possibly Starts Today

Thursday, September 25th, 2008

Park Elementary School in Munhall, Pennsylvania may begin the much anticipated removal of asbestos materials in the school as early as today. Asbestos was found at the school during a roofing project being done on the school by Phoenix Roofing back in April.

Contractors were supposed to have the project at Park completed by August in time for the start of the new school year but things did not go as planned.

The students attending Park Elementary were welcomed by those at Barrett Elementary where they will be attending classes until completion of the asbestos abatement. It was hoped that the work would be started by Monday but officials were unaware of the requirement to obtain three individual quotes for services. Mark Cherpak, director of operational services, hoped to have the mandatory three quotes for the abatement as of yesterday.

According to officials the removal process should take approximately 12 days once work begins. Contractors state that they are willing to work through the weekends in order to get the job done but state that work will have to be halted in the event of rain.

Until removal is complete Park students will be attending Barrett, each group of students splitting the school days.

Missouri Man Loses Wife to Mesothelioma and Files Lawsuit for More Than $200,000

Wednesday, September 24th, 2008

Missouri resident James A. Walsh filed an asbestos lawsuit in Madison County Circuit Court on September 17, 2008, claiming that his wife’s asbestos-related mesothelioma was caused by negligence on the part of 30 defendant corporations.

Walsh claims that his wife, Dianna Walsh, was negligently exposed to asbestos fibers carried home on her father’s clothes. The father of Diana Walsh, Robert Holder, was employed as a boiler operator at the Municipal Auditorium in Kansas City and as a plumbing and heating technician from the years of 1954 to 1972.

Walsh claims that his wife’s father’s employers should have foreseen and anticipated the danger of this third-party exposure and properly notified their employees.

James A. Walsh is seeking damages of amounts totaling more than $200,000 for the cost of medical care, lost wages and future financial support, and the costs for funeral and burial. Compensation is also being sought for both the mental and physical pain and suffering endured by his late wife as well as the pain and suffering her untimely death has caused him and his family.

Employers handling asbestos containing materials are obligated to provide proper cleaning facilities for workers handling these materials.

EPA Halts Demolition Work Due to Asbestos Hazards

Tuesday, September 23rd, 2008

The Environmental Protection Agency has issued two separate orders involving the demolition of a former pottery-manufacturing facility in West Virginia by Rock Springs Enterprises Inc. Orders were issued based on possible health hazards from asbestos found at the sight as well as the possibility of damaging an existing soil cap located on the sight.

The Environmental Protection Agency has issued two separate orders involving the demolition of a former pottery-manufacturing facility in West Virginia by Rock Springs Enterprises Inc. Orders were issued based on possible health hazards from asbestos found at the sight as well as the possibility of damaging an existing soil cap located on the sight.

Inspectors claim that Rock Springs failed to notify the appropriate officials before convening demolition on the factory. Furthermore, the company failed to have the building inspected by a certified asbestos inspector in order to determine the extent of asbestos materials located in the building.

Rock Springs was further issued an order instructing them to refrain from disturbing the existing soil cap throughout demolition. The company may reconvene the demolition at the site following their compliance with EPA orders.

Business Owner Found Guilty Of Falsifying Asbestos Reports

Tuesday, September 23rd, 2008

The owner of a Plattsburgh, NY-based air quality monitoring business has been found guilty of falsifying asbestos monitoring results after a two week trial.

Mark Desnoyers, owner of Adirondack Environmental Associates, admitted to falsifying the results of air quality reports after making deals with asbestos abatement companies. Desnoyers and John Wood, owner of J & W Construction, stated that they used falsified reports to convince building owners that all asbestos had been removed, yet they did little or no abatement.

Both men were found guilty of conspiracy to violate the Clean Air Act, and Desnoyers was charged with making false statements to Environmental Protection Agency (EPA) officials during an investigation. Woods plead guilty to violating the Clean Air Act and admitted to supervising illegal and dangerous asbestos removal.

Exposure to asbestos can lead to the eventual onset of mesothelioma, a fatal cancer that has no cure.