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Archive for December, 2008

Asbestos Suit Filed in Jefferson County, Texas

Thursday, December 4th, 2008

An asbestos-related lawsuit has been filed in the Jefferson County District Court by Rhonda Robinson on behalf of the estate of the late Herman Robinson. In the suit Ms. Robinson is alleging that Herman’s development of and subsequent death from an asbestos-related illness was wrongfully caused by is former employer.

Rhonda Robinson is claiming that while Herman was employed with the United States Steel Corp. he was exposed to the significant amounts of asbestos which were the cause of his contraction of asbestos cancer.

During the early to mid 1900’s asbestos was used often in a variety of materials used in the building and automotive industries. It wasn’t until the 1970’s that the toxic material began to become regulated.

Exposure to the dangerous toxin may result in the development of a number of asbestos-related diseases. Those diseases include asbestosis, mesothelioma, and lung cancer just to name a few. Due to such diseases long latency period treatment options for individuals diagnosed with such diseases are often quite limited. In many cases the inflicted only live for a short time following initial diagnosis.

In the suit Rhonda Robinson is asking the court to approve her as independent administrator of the estate.

Three Massachusetts Companies to Pay for Toxic Cleanup

Thursday, December 4th, 2008

A highly polluted area in Billerica, Massachusetts will soon be cleaned up with funds provided by three Massachusetts companies. The estimated cost of the cleanup is said to be approximately $23 million.

The parties that will be paying for the cleanup include Boston and Maine Corp., BNZ Materials, and the Massachusetts Bay Transportation Authority. All three parties have signed an agreement with the Federal Environmental Protection Agency and the Justice Department consenting to reimburse the Environmental Protection Agency for all present and future costs related to the containment and removal of various contaminants including asbestos at the 553-acre site.

Exposure to asbestos fibers can lead to a number of health problems with lasting effects. Diseases caused by the dangerous material usually have a significantly long latency period which often means very few treatment options by the time diagnosis occurs. These diseases include mesothelioma, lung cancer, and asbestosis.

A forth company also liable for the cleanup costs did not sign the consent agreement but their role in the sites contamination will be addressed in another manner. Johns Manville Corp. will be making a payment of $50, 000 to Boston and Maine Corp., and BNZ Materials.

There is a thirty day public comment period regarding the consent agreement.

Massachusetts Attorney General Martha Coakley has stated that, “This settlement sends a strong message to responsible parties that they must step up to the plate to clean up their messes, and taxpayers will not foot the bill.”

Debris from Flooded Properties Contain Asbestos

Thursday, December 4th, 2008

Due to major flooding in Cedar Rapids, Iowa there are a number of buildings that have been taken down and still many more left to be demolished after they were destroyed from the floods but the remainder of the buildings will still have to stay standing until the winter season is over. This is because the debris from the buildings is being treated as asbestos-containing material and must be sprayed down before removal can begin.

In order for workers to spray the materials the temperature must be above the freezing level. By spraying the materials the likelihood of asbestos exposure is diminished for those in the surrounding area who may breathe in the particles otherwise.

Asbestos exposure may cause any one of a number of potentially deadly diseases including lung cancer, mesothelioma, and asbestosis. These and other asbestos-related diseases have a long latency period which in many cases leaves the diagnosed with very few effective treatment options by the time diagnosis occurs.

Due to the fact that many of the houses are to unsafe to go into crews have not been able to go in and properly check for and remove asbestos. For this reason the materials have to be wet down before demolition as a precautionary procedure to prevent exposure to residents.

Twenty-five structures in the flood ravaged area have already been torn down. Seventy-one structures still remain and will be eventually torn down as well.

Asbestos Dust At Construction Site Causes Breathing Difficulties

Thursday, December 4th, 2008

Residents and individuals working in downtown Washington, D.C have been given cause for concern regarding exposure to asbestos due to a dust cloud that purportedly came from a construction site located not far from the Whitehouse. The cloud was located on 17th and H Streets Northwest. Construction crews are working at the site to build a new office building.

Due to the age of the buildings existing on the site there is inevitably some asbestos that must be removed which is why those in the area are concerned as to what they may be breathing in.

Exposure to asbestos-fibers can lead to the development of one of many diseases caused by the dangerous toxin. These diseases include but are not limited to asbestosis, lung cancer, and mesothelioma. Due to the long latency period of such diseases those diagnosed are often left with very few treatment options.

Those individuals that have been near the site have reported burning eyes and that they can feel and taste particles in their mouths. Those individuals are wondering if their health is being adversely affected and want to know how long the dust and particles will be around.

Concrete is being broken up on the site and is usually kept wet in order to keep dust from being released into the air, but according to construction crews it has been difficult to get a water line to the site.

Construction workers have also reported trouble breathing due to dust for almost a month.

Family of Notorious Polluter Sues Government Over His Death

Wednesday, December 3rd, 2008

The family of Edward W. McCrary III, a former resident of Baker, Louisiana has recently filed a lawsuit against the federal government accusing them of being responsible for the death of their husband and father. McCrary passed away at the age of 76 approximately ten months ago.

Edward W. McCrary III previously served a portion of a twenty-seven month prison sentence back in 1993 and 1994 for charges related to illegal dumping of industrial wastes while he operated Louisiana Recycle/Reuse located on Scenic Highway in Baker. He pleaded guilty to a conspiracy charge involving the illegal dumping of such waste into city sanitary and storm sewers.

It is during this time serving his sentence that McCrary’s family feels he was exposed to dangerous asbestos-containing materials at Carville Prison which caused his lung cancer and subsequent death.

Exposure to asbestos has been known to lead to the development of a number of diseases including lung cancer. Even a small amount of exposure is highly dangerous and due to the long latency period of the diseases caused by the dangerous fibers treatment options are often very limited for those diagnosed.

Henrietta McCrary and her children are claiming that both the government and the taxpayers are responsible for Edward’s development of the cancer.

Officials have pointed out that McCrary worked with hazardous chemicals for many years. It was further pointed out that McCrary has previously been fined for a number of spills by both state and local authorities. The U.S. Attorney’s office was unable to comment and is waiting on a report from the Bureau of Prisons.

Asbestos Found In Ferry Engine Room

Wednesday, December 3rd, 2008

Two ferry boats were removed from service last week in North Cape May, New Jersey after asbestos was discovered in the engine room of the M/V New Jersey boat.

A spokesperson stated that small samples of exhaust lagging were taken from the engine room of the M/V New Jersey and tested for hazardous materials. A memo that was later released stated that the test results confirmed that some debris contained asbestos.

The M/V New Jersey and a second vessel, the M/V Cape Henlopen, were taken out of service so that air-quality tests could be conducted in both engine rooms. Tests revealed that the ferry boats were “safe for operation” and that the air quality was “good.”

Officials say that the asbestos was confined to a small area in the engine rooms and that no passengers or members of the crew were in danger of inhaling airborne asbestos fibers. Both ferry boats are back in service.

Louisiana Supreme Court Hears Asbestos Case

Tuesday, December 2nd, 2008

On Monday December 2nd the Louisiana Supreme Court began to hear arguments regarding the intent of the 1952 Legislature which two contractors are claiming states that employee lawsuits are banned by exclusivity provisions for occupational diseases. According to the contractors this is stated in the Louisiana Workmen’s Compensation Act of 1952 at which time Ray Rando was employed by them. Mr. Rando was diagnosed with mesothelioma back in September of 2005.

Ray Rando previously had filed a lawsuit against eight companies claiming that they were responsible for his exposure to asbestos including Parsons Infrastructure & Technology Group Inc., and Jacobs Construction who both appealed the decision made by the 19th Judicial District Court of Baton Rouge which was later upheld by the 1st Court of Appeals. The other eight companies purportedly settled out of court.

The original lawsuit was filed approximately two months after Rando’s diagnosis.

Exposure to asbestos-containing materials can result in the development of mesothelioma. Additionally, asbestos exposure has been known to lead to the development of asbestosis, and lung cancer. Due to the long latency period of such diseases treatment options are often very limited by the time diagnosis occurs.

Federal limits regarding exposure to asbestos were not enacted until 1971 following the creation by Congress of the Occupational Safety & Health Administration.

Asbestos Lawsuit Filed in Madison County

Tuesday, December 2nd, 2008

An asbestos-related lawsuit has recently been filed in the Madison County Court alleging that a man’s development of and subsequent death from mesothelioma was wrongfully caused by his former employers. The suit was filed on behalf of Arnold Egan by his son Arnold Egan Jr. who resides in Florida.

In the lawsuit Arnold Egan Jr. has stated that his father was employed as a line supervisor, tool and dye maker, manufacturing engineer, and as an engineering systems manager at a number of various locations throughout both Massachusetts and Illinois. Arnold Egan was employed at such locations between the years 1947 and 1987.

It was during this time that Egan’s son claims that his father was exposed to the asbestos materials that resulted in his diagnosis of mesothelioma.

It is the feeling of Egan’s son that the consequences of working with such materials should have been foreseen by his employers and exposure prevented with the proper protective equipment required when working with such materials.

Mesothelioma is a disease that can be caused by even a small amount of asbestos exposure. Due to the long latency period of the disease treatment options are often very limited by the time diagnosis occurs. In many cases the individuals who are diagnosed with the disease pass away only a short time following initial diagnosis.

Bozeman High School To Close Due To Asbestos

Tuesday, December 2nd, 2008

The Bozeman High School located in Bozeman, Montana has been partially closed due to the discovery of asbestos-containing materials in a couple of the schools rooms. The asbestos is said to have come from roofing materials and was discovered during the installation of a new roof over the school’s art room and the school’s custodial storage room.

The Superintendent of the high school Kirk Miller has stated that the materials fell into the two rooms during the process of installing the new roof.

Following the discovery samples of the materials were sent to a lab for testing and it was found that two of the samples did in fact contain five percent asbestos.

Although the asbestos was of the type that does not release fibers into the air the school wasted no time in hiring an asbestos removal contractor to begin the abatement of the asbestos materials.

Exposure to asbestos-containing building materials poses a significant risk of developing any one of a number of asbestos-related diseases. Such diseases have a long latency period which often leaves the diagnosed with few treatment options. These diseases include but are not limited to asbestosis, lung cancer, and mesothelioma.

According to a news release from Bozeman High School air quality testing was conducted and showed no signs of asbestos fibers in the air. The asbestos cleanup project is expected to take a couple of weeks.

Australia Declares December 5th “Mesothelioma And Asbestos Awareness Day”

Tuesday, December 2nd, 2008

The Australian Council of Trade Unions, or ACTU, will hold the first annual National Mesothelioma and Asbestos Awareness Day this coming Friday, December 5th. Events will take place at the Maritime Museum.

The ACTU is collaborating with victims of asbestos exposure, unions and other advocacy groups to promote asbestos safety and mesothelioma cancer research. According to recent reports, mesothelioma will kill an estimated 13,000 Australian citizens by the year 2020.

Twelve widows who lost their spouse to an asbestos-caused illness will be honored on Friday, including 72 year-old Dorothy Roberts, who lost her husband, Alan, to mesothelioma cancer. The late Alan Roberts died when he was just 54 years of age.

The events at the Maritime Museum will conclude with a moment of silence in honor of the twelve widow’s deceased spouses.

ACTU President Sharan Burrow said that “Australia had one of the highest rates of asbestos use in the world,” and called the number of Australian citizens who die of mesothelioma each year “alarming.”

A number of events have been planned for Friday and will take place throughout Australia.