Asbestos News Roundup: 1.24.13 – Asbestos in Schools

January 24th, 2013. By LucyC

This week’s asbestos news roundup includes all the recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Risk in Schools

Building materials and insulation such as drywall, floor/ceiling tile, applied fireproofing spray, and piping/boiler insulation used in the construction of schools prior to 1980, frequently contained asbestos.

While undisturbed asbestos materials generally do not pose a health risk to students and teachers, over time they can become hazardous due to deterioration or damage.

If asbestos containing materials are disturbed, (e.g. during the installation, maintenance, or removal process), asbestos fibers may become airborne and pose a health threat to students, teachers and other employees within the schools. Once asbestos fibers are inhaled or swallowed, the risk of getting an asbestos related disease, such as asbestosis or mesothelioma, also increases. Student exposure to asbestos in schools is particularly concerning because once the fibers accumulate in the lungs, the latency period between asbestos exposure and the onset of symptoms can take as long as 20 to 50 years.

The federal government has been regulating the use of asbestos in schools since the 1980’s. Schools now have regulatory requirements and management plans to reduce the risk of potential asbestos exposure for students and teachers. However, until the presence of asbestos in schools is eliminated entirely, many believe it will continue to pose a health risk.

Asbestos Lawsuit

Charleston, WV: 50 companies have been named as defendants in an asbestos lawsuit filed by Ray Earl Wamsley II who was diagnosed with asbestosis on April 11, 2012. In his lawsuit, Wamsley claims the defendants are responsible for his asbestosis disease.

Specifically, Wamsley alleges the defendants exposed him to asbestos during his employment as a head artist, decorator, pipefitter, painter and electrician’s helper from 1969 until 1993. Wamsley further claims the defendants failed to warn him of the dangers of asbestos.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the suit. (wvrecord.com)

Charleston, WV: John E. Huxley and his wife, Lucille A. Huxley, have named 134 companies as defendants in their asbestos lawsuit, filed this month. In their lawsuit, they claim the defendants are responsible for Mr.Huxley’s diagnosis of asbestosis and mesothelioma.

Huxley was diagnosed with asbestosis and mesothelioma due to exposure to asbestos while employed at various job sites and locations throughout West Virginia and while his mother was employed at E.I. Du Point De Nemours & Company, according to the lawsuit.

The Huxleys claim the defendants failed to warn Mr. Huxley of the dangers of asbestos and failed to take reasonable precautions to warn him of the dangers. Further, the lawsuit states the defendants failed to place any warnings on the asbestos-containing products to warn handlers of the dangers of the products and failed to warn of the dangers of other ingredients in their products, including silica.

The Huxleys claim the defendants were negligent and caused John Huxley to suffer his lung injuries, shock and other nervous or emotional disorders. (wvrecord.com)

Charleston, WV: Norman T. Dial, who was diagnosed with mesothelioma on October 8, 2012 has filed an asbestos lawsuit, naming 70 companies as defendants responsible for his asbestos disease.

Dial and his wife, Marcia C. Dial, claim the defendants exposed him to asbestos during his employment as a store assistant, laborer, deck hand and operator from 1954 until 1999. The couple also alleges the defendants exposed Mr. Dial to asbestos and/or asbestos-containing fibers during his career and failed to warn him about the dangers.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.

The lawsuit contends that the defendants’ actions kept the Huxleys and others ignorant of the dangers of asbestos and other products and in this way, the conspirators aided efforts to sell products containing asbestos.(wvrecord.com)

Charleston, WV: Cletis William Adkins and his wife, Lola Lee Adkins are suing 62 companies they claim are responsible for Mr. Adkins diagnosis of asbestos-related lung cancer.

In the lawsuit, Adkins, diagnosed with lung cancer on September 10, 2012, claims the defendants exposed him to asbestos during his employment as a laborer, high lift operator and custodian from 1955 until 1994. Further, the Adkins allege the defendants exposed Cletis Adkins to asbestos and/or asbestos-containing fibers during his career and failed to warn him about the dangers.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit. (wvrecord.com)

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma

This was posted on Thursday, January 24th, 2013 at 3:30 pm and is filed under Asbestos Mesothelioma, Emerging Issues, lawsuits . Feel free to respond, or trackback. Read our comments policy.