A Louisiana First Circuit Court of Appeal upheld a $3.2 million verdict on behalf of plaintiff Ray Rando against contractors Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. Rando worked as a welder and pipefitter from 1965 to 1985 and developed mesothelioma as a result of asbestos exposure while he worked for the defendants. He was diagnosed with the disease in 2006 and the original case was heard about 15 months ago.

“Ray Rando’s employers tried repeatedly to evade responsibility for his injuries, but these committed attorneys convinced the trial court, and then the Court of Appeal, that these companies were responsible to their employees for exposing them to dangerous levels of asbestos,” said attorney Russell Budd in a recent press release.

“The appeals court confirmed that Louisiana’s 1952 Workers’ Compensation Act does not cover mesothelioma and so does not bar suits by mesothelioma victims against their employers,” the press release noted. Also, the Court of Appeal ruled that Rando’s case “was not barred by Louisiana’s 10-year preemptive period to bring claims for injuries arising from deficiencies in the construction of improvements to real property.”

The court also ruled that, because Rando’s employer, a contractor who did major “turn-key” construction jobs at a chemical plant, had “control over the construction” at the time of his asbestos exposure, Rando’s claims against his employer “fell within the statute’s exception and were not untimely.”

A Montclair, New Jersey school remained closed today after high levels of hazardous asbestos were found in side the building.

According to an article in The Star-Ledger, Renaissance Middle School, which houses 239 students, was evacuated last Friday after testing found airborne asbestos in one of four samples taken during the installation of fire doors on the school’s third floor.

The sample had a reading of “460 structures” which, according to Steve Jaraczewski of Detail Associates, the Montclair school district’s asbestos consultant, is more than six times the acceptable levels. The school was build in 1899, when asbestos was regularly used as a fire retardant in schools and other commercial buildings. The mineral is a known carcinogen.

Parents were astounded at the news. “You want to keep them home tomorrow?” asked Frank Alvarez, the superintendent of schools, at a meeting held with parents on Monday morning. “Yes, Yes,” most of the parents shouted.

Cleanup was to begin over the weekend and was overseen by the state Department of Environmental Protection (DEP). Parents requested that the students’ lockers also be included in the cleanup. Jaraczewski also told parents they should discard their children’s backpacks as a safeguard against asbestos fibers adhering to the porous fabric.

“If it was my kid … I’d get rid of the backpack,” Jaraczewski said.

The building that houses Renaissance Middle School is owned by the Archdiocese of Newark and leased to Montclair School District. Jaraczewski blamed the archdiocese for their poor asbestos management plan but parents were annoyed at the finger pointing.

Dana Sullivan, the Montclair schools’ business administrator, said the district just discovered that asbestos was present in a brown undercoating of plaster that is found on the walls throughout the school.

“We had not yet informed [the archdiocese] because we had not received a written report yet,” Sullivan said. “I wish we had. I don’t know that it would have mattered. I don’t know.”
The diocese, which performed the fire-door replacement at the district’s request, informed the district that work would begin last Monday, several days before school officials noticed the broken plaster, Sullivan said.

“We knew they were putting in fire doors. What we didn’t know was that they were disturbing this plaster, this brown coat,” Sullivan explained.

A group of 178 construction workers and members of their families as well as families of deceased workers have filed a 6.6 billion yen suit against the government and 46 manufacturers when they claim did not “swiftly ban the production and use of construction materials containing asbestos.”

According to an article in the Asahi Shimbun, the plaintiffs, many of whom are suffering from asbestos-related illnesses such as asbestosis and mesothelioma, are each demanding about 38.5 million yen in compensation for their suffering.

Lawyers for the plaintiffs note that this is the first time a group of workers filed a suit against the government for asbestos-related claims. It was also noted that this is one of the largest suits of its kind ever filed in Japan.

“The construction workers handled construction materials containing asbestos in the Tokyo metropolitan area starting in the 1960s,” the article explains. “Many have since died of lung cancer, mesothelial tumors and other ailments. About half of the plaintiffs are bereaved family members.”
The plaintiffs’ argument states that “the Japanese government should have heeded warnings from international organizations in 1972 that asbestos could be a carcinogen and taken steps to ban the production and use of the substance.”

The complaint also cites Japan’s Building Standards Law, which authorizes the use of construction materials containing asbestos. It also holds the industry ministry responsible for approving the material under Japanese Industrial Standards.

A 2006 law provides monetary relief for workers and residents living near asbestos-related plants who are not covered by labor accident compensation insurance. But the plaintiffs say the compensation amount offered is too small, the article notes.

Several guards at the Cape Breton (Nova Scotia, Canada) Correctional Facility remain off the job this week, awaiting the results of asbestos testing at the prison.

According to a Canadian Press article, some guards stopped coming to work last Thursday night when they learned that the prison may have a potential asbestos problem.

Joan Jessome, president of the Nova Scotia Government and General Employees Union, announced that a group of guards attended an emergency union meeting Friday night to discuss the issue and to clarify the findings.

“There’s very strong support for the position they’ve taken,” said Jessome. “It’s my understanding that they’re not going back (to work) until the results are in.”

The facility is 33 years old and was built during a time when asbestos use was quite commonly used as a fire retardant. During routine air testing by the Justice Department on May 8, asbestos material was found wrapped around some piping inside the institution.

However, department spokeswoman Sherri Aikenhead has said no traces of the cancer-causing mineral were found, but a second round of testing was conducted on Saturday and results were expected early in the week.

Aikenhead stressed that when asbestos is left undisturbed, “it’s not considered a health hazard.”
Jessome said an inmate staged a complaint about asbestos last fall and Aikenhead confirmed that the maintenance staff at Cape Breton Correctional Facility was aware of the problem. However, nothing had been done to address the issue after the complaint.

A Washington man who worked as a U.S. army machinist for more than 40 years has filed suit in a Madison County (Ill.) Circuit Court, alleging he has developed mesothelioma due to wrongful exposure to asbestos.

James Regal was a machinist for the army from 1962 until 2003 in Illinois and in other locations and also was employed as a maintenance man at various sites in Illinois, Washington and Massachusetts throughout his working career.

Though the U.S. army cannot be sued by Regal for asbestos exposure, the companies that manufacture asbestos products used by the army can indeed by sued. In the case of Regal’s suit, some the 68 defendants include Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, John Crane, MetLife, Owens-Illinois, Philips Electronics and Riley Stoker.

“The plaintiff’s exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants,” the complaint states.

Regal says he was diagnosed with mesothelioma on February 8 of this year. He is currently undergoing treatment for the disease and seeks damages to help pay for the cost of his treatment. In addition, Regal is seeking at least $300,000 in damages for “negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence” among other allegations.

The Hill, a newspaper for Capitol Hill workers, notes that “the 2009 defense appropriations bill has become a battleground for cancer research,” with more than a dozen senators rallying for funds to more closely examine asbestos-related cancer.

Those supporting the push for funding argue that about one-third of all mesothelioma victims are either Navy veterans or worked as a civilian employee at naval shipyards across the country during a time when the widespread use of toxic asbestos was commonplace.

“Without a steady funding stream for mesothelioma research, scientists who may have considered work in such a field have been turned off,” says Chris Hahn, the executive director of the Mesothelioma Applied Research Foundation (Meso Foundation).

“Mesothelioma starts out somewhat as an orphan disease,” Hahn said in an interview with The Hill. “It’s hard to motivate [researchers] unless there are consistent funds.”

Hahn said the main goal of the Meso Foundation is to see mesothelioma listed as a priority part of the Pentagon’s peer-reviewed medical research program. Researchers would then compete for grants from the Department of Defense.

Senators Max Baucus (D-Mont.) and Patty Murray (D-Wash.) have been at the forefront of the effort to secure additional funds for research and treatment of malignant mesothelioma, which kills quickly but can lay dormant in the system for up to 50 years.

“The town of Bremerton in Washington state, near the Puget Sound Naval Shipyard, has one of the highest incidences of asbestos-related cancer. And hundreds of people have been sickened or killed because of asbestos exposure from a now-defunct vermiculite mine in Libby, Mont.,” notes the article, explaining Baucus’ and Murray’s involvement in the issue.

“Advancements in the early detection and treatment of this deadly cancer are greatly needed and the mesothelioma medical and research community is well-positioned to achieve this goal,” the senators wrote to the panel’s leaders. “Funding through the Department of Defense appropriations bill is an important demonstration of our nation’s commitment to addressing the tragedy of mesothelioma and its disproportionate impact on those who serve our country.”

Another asbestos-laden ship is heading towards India’s Alang ship-breaking yards where its owners hope it will be dismantled.

According to an article posted on Yahoo News India, the 682-feet ship S.S. Oceanic, headed for Alang on the Saurashtra coast, is carrying about 250 tonnes of asbestos.

Alang was thrust into the news last year when the Norwegian ship Blue Lady was beached off the coast and later allowed to enter the port. Workers at the ship-breaking yard were eventually allowed to dismantle the ship under supervision of a technical committee, the article notes.

Alang is known for its improper handling of toxic waste from dismantled ships, according to reports by a number of environmental groups, including Green Peace. The shipyard also suffers a high number of industrial accidents caused by poor work safety regulations, experts say.

Sources in the Alang ship-breaking yard said the Blue Lady is being dismantled at present. A spokesperson for the yard, however, said he was unaware that the S.S. Oceanic was coming to Alang for dismantling.

The owner of a downtown Toledo mall that’s laden with asbestos was given two choices by city officials: “clean it or we’ll close it.”

According to an article in the Toledo Blade, the city plans to shut the doors of the nearly empty Southwyck Shopping Center in South Toledo if its owners do not clean up toxic mold and seal off the asbestos contamination found there by inspectors on May 2, said Chris Zervos, the city’s commissioner of building inspection.

“The present condition of the mall makes it a health hazard for the public and employees working there,” Mr. Zervos said. “They’ll have 72 hours to clean up the mold and secure the asbestos so dust is not allowed to escape into the public.”

Zervos says most of the asbestos can be found in the former Montgomery Ward department store. While that particular facility is closed to the public, maintenance workers who travel through the store on a regular basis are thought to be spreading asbestos throughout the rest of the mall.

“In anticipation of our coming, the maintenance man there swept it up and cut a path through it for us,” Mr. Zervos said. “That of course made it airborne. It’s a tremendous health concern for anyone who is there, anyone passing through the building, [and] for walkers who are there.”

Toledo’s commissioner of environmental services, Tim Murphy, said the roof of the closed Montgomery Ward store has leaked, which caused asbestos-containing insulation to become dislodged and fall off onto the floor.

Tenants and patrons, however, seem unconcerned. “I don’t think we are going to die if we don’t leave right now,” said Barb Porter of Perrysburg, who walks the mall as part of her daily exercise program.

The mall’s manager, Glen Anderson, of MD Management in Mission, Kan., declined to comment.

The family of a Texas man who spent his life working as a pipefitter has filed a second asbestos suit on his behalf, alleging that he died from mesothelioma as a result of exposure to asbestos while on the job.

According to an article in the Southeast Texas Record, the estate of Ernest L. Edwards is seeking compensation for a “different malignant asbestos-related injury,” which they claim prematurely ended his life. Edwards sued several years ago when he developed “an asbestos related disease” and received compensation, the article notes.

The suit was filed earlier this month against the A.O. Smith Corporation and 34 other companies. A.O. Smith manufactures electric motors as well as electric and gas water heaters. The claim alleges that those named in the suit knowingly and maliciously manufactured and distributed asbestos-containing products throughout Jefferson County (Texas). Other defendants named in the suit include aerospace giant Lockheed Martin and Zurn Industries, an iron supplier.

“The petition faults Minnesota Mining and Manufacturing Corp. (3M Corporation) and American Optical Corp. for producing defective masks that failed to provide respiratory protection,” the article adds.

Although Edwards has already sued and received a claim, the suit says, “Plaintiff now seeks damages against defendants not released in the previous actions pursuant to Pustejovsky v. Rapid-American Corp.”

In Texas, victims of an asbestos disease such as asbestosis may sue a second time for an asbestos-related cancer if he develops the cancer in the future, after the onset of the original disease.

New data recently released by the U.S. Environmental Protection Agency (EPA) notes that soil is “a prominent source of exposure to vermiculite.” The report suggests that the EPA may have to re-examine its criteria to determine what constitutes “a clean site.”

According to an article in The Western News of Libby, Montana, the research came as a surprise to many experts because it suggests that dangers are mainly a result of exposure to outdoor soil around one’s house. Exposure from indoor activities, the study adds, probably comes from tracking outdoor vermiculite via animals or on shoes into the home.

The data does not apply to homes where asbestos is disturbed, or not well contained within the walls of the house, the EPA stresses.

“This is a powerful data set,” said Paul Peronard, On-Site Coordinator for EPA. “It will help us define the first part of endgame,” notably, how the agency decides that a site is properly cleaned.

The exposure investigation centered on four or five indoor and outdoor activities conducted in the town of Libby, which has been ravaged by the former presence of an asbestos-contaminated vermiculite mine owned and operated by W.R. Grace Co. The activities ranged from mowing the lawn to watching television. The EPA made sure to select a variety of sites, including those that were not treated for vermiculite contamination as well as post-remediated properties.

”Scenarios were played out by testers at these sites, with air filters located near their chests that collected dirt samples, recreating the breathing experience of typical activities,” the article points out.

An EPA spokesperson said this information will go far in determining how risk is assessed at various Libby sites.