Week Adjourned: 1.27.12
January 27th, 2012. By LucyC
Top Class Actions
Ex Pro Football Players go head to head with NFL Over Concussions. Yup—that’s right. The NFL is facing a class action lawsuit filed on behalf of all former NFL players, including seven named players and four spouses over concussion and related health effects.
The named players include former Philadelphia Eagles Ron Solt, Joe Panos, and Rich Miano. The lawsuit charges that the NFL and other defendants intentionally and fraudulently misrepresented and/or concealed medical evidence about the short- and long-term risks regarding repetitive traumatic brain injury and concussions and failed to warn players that they risked permanent brain damage if they returned to play too soon after sustaining a concussion.
Ron Solt, age 50, was an all-star guard for the Eagles from 1988 to 1991 and also played for the Indianapolis Colts, playing 10 seasons in all from 1984 to 1993. He suffered at least one concussion during an NFL game while with the Eagles, as well as multiple head traumas and concussions during practice that were never medically diagnosed. He now suffers from substantial memory loss and persistent ringing in his ears.
Joe Panos, age 41, played as an offensive lineman in the NFL from 1994 to 2000 and was with the Eagles from 1994 to 1997. He sustained concussions while with the Eagles and Buffalo Bills. He currently experiences headaches, memory loss, irritability, rage, mood swings, and sleeplessness.
Rich Miano, age 49, played as a defensive back for 10 seasons in the NFL between 1985 and 1995 and was with the Eagles from 1991 to 1994. He is now associate head coach of the University of Hawaii football team. He sustained at least one concussion while playing but is currently asymptomatic.
Gennaro DiNapoli, age 36, was an NFL center and guard from 1998 to 2004 who sustained repeated head impacts during his NFL career. He suffers from severe depression, memory loss, headaches, anxiety and mood swings.
Adam Haayer, age 34, was an offensive lineman from 2001 to 2006 for four teams. He had at least four concussions or concussion-like symptoms and deals with memory loss, depression, and anxiety. Daniel Buenning, age 30, played as an offensive lineman in the NFL for four seasons from 2005 to 2008. He suffers from substantial memory loss, depression, trouble with concentration, short attention span, and mood swings.
Craig Heimburger, age 34, played on the offensive line for four teams between 1999 and 2002. He sustained multiple head impacts and concussions and suffers from dizziness, memory loss, and intense headaches.
Also named in the complaints were the wives of several players including Lori Miano, Summer Haayer, Ashley Buenning and Dawn Heimburger.
Lawyers representing the plaintiffs said this action is necessary because the NFL knew about the debilitating and permanent effects of head injuries and concussions that regularly occur among professional players, yet ignored and actively concealed the risks.
The lawsuit charges that the NFL voluntarily joined the scientific research as well as public and private discussions regarding the relationship between concussions and brain impairment when it created the Mild Traumatic Brain Injury (MTBI) Committee in 1994. Rather than naming a noted neurologist to chair this committee, it appointed Dr. Elliott Pellman, a rheumatologist who was a paid physician and trainer for the New York Jets, a conflict of interest, and had training in the treatment of joints and muscles, not head injuries. While the committee was established with the stated purpose of researching and lessening the impact of concussions on NFL players, it failed to inform them of the true risks associated with head trauma.
Although athletes who suffered brain trauma in other professional sports were restricted from playing full games or even seasons, NFL players with similar head injuries were regularly returned to play with devastating consequences.
The lawsuit seeks medical monitoring, compensation, and financial recovery for the short-term, long-term, and chronic injuries, financial and intangible losses, and expenses for the individual former and present NFL players and their spouses.
What can I say—it’s a wake-up call a long time in the making.
Top Settlements
Wonder if Payless texted this piece of news…A proposed settlement (the “Settlement Agreement”) has been reached in the class action lawsuit against Payless ShoeSource, Inc. (“Payless” or “Defendant”). You may be a Member of the Settlement Class and might be eligible to receive a merchandise certificate worth up to $25 if you are a person who received one or more text messages promoting Payless products between October 29, 2005 and October 4, 2010. If you are a Settlement Class Member and the Court gives final approval to the Settlement Agreement:
You may be entitled to receive a $25 merchandise certificate (a “Settlement Payment”) or a lesser pro rata amount if the total of all claims exceeds $6,000,000.
If you are a Settlement Class Member and would like to receive your Settlement Payment, you must submit a Claim Form, either through the mail or by filling out a claim form on the claims administrator’s website. You will be giving up legal claims against Defendant and other related entities. Your claim must be submitted or postmarked no later than February 6, 2012. To find out more about the terms of the settlement and how to qualify or be excluded—visit paylesstextsettlement.com.
One could argue this lawsuit went into overtime… but it looks like a happy ending… for the employees that is. An announcement this week—that Novartis Pharmaceuticals Corporation (NPC) has agreed to pay $99 million to settle a nationwide wage and hour class action brought by 7000 Novartis sales reps who allege NPC reps weren’t paid overtime.
The case has been working its way through the courts since 2006, and stems from claims that the sales reps don’t qualify as “outside sales” employees which would make them exempt from overtime pay. This issue has been the source of several wage and hour class actions brought by pharma sales reps from different companies who have alleged that Fair Labor Standards Act exemptions don’t apply to them.
Ok—That’s a wrap for this week. See you at the bar!
Asbestos News Roundup: 1.27.12
January 27th, 2012. By LucyC
A roundup of 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 Lawsuits
St. Clair County, IL: Betty Ruth Rhodes, who has been diagnosed with asbestos-related lung cancer, has filed an asbestos lawsuit naming 65 corporations as defendants. Rhodes claims in her lawsuit that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.
In her lawsuit, Rhodes alleges the defendant companies caused her to develop lung cancer after her exposure to asbestos-containing products throughout her career. According to the complaint, Rhodes worked as a laborer from 1958 until 1990 at Borg Warner in Illinois, at Speedway Manufacturing in Illinois and at Rhodes Camper Sale.
Rhodes further claims she was secondarily exposed to asbestos fibers through her father and husband, who would bring them home on his clothes after work. Rhodes’s father worked as a laborer at International Harvester in Illinois while her husband worked as a millwright from 1956 until 1970 at Reynolds Metal Company, as a millwright at ITT from 1970 until 1972 and as a millwright at Alcoa from 1972 until 1992, according to the lawsuit.
As a result of her asbestos-related disease, Rhodes became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. Furthermore, she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her, she alleges.
In her nine-count complaint, Rhodes is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $150,000, plus other relief the court deems just. (Madisonrecord.com)
Jefferson County, TX: An asbestos lawsuit has been filed by the family of the late Robert Marze against Chevron and Texaco, alleging the companies exposed him to the carcinogen throughout his career, and that exposure resulted in his untimely death.
In their lawsuit, Doris Marze and her children claim Robert Marze was employed by Texaco in Port Arthur, where he was allegedly exposed to asbestos.
As the result of his alleged exposure, Robert Marze developed pulmonary asbestosis, which caused his death on August 20.
The suit alleges the defendants knew for decades that asbestos caused cancer but still exposed employees to the substance without warning them. (SETexasrecord.com)
Charleston, WV: 190 companies have been named as defendants in eight separate asbestos lawsuits filed by 15 defendants.
George E. Bickerstaff and Carolyn Bickerstaff; Melva J. Devore, executrix of the Estate of Melvin E. Carpenter; Barbara Ford, executrix of the Estate of James Fife; David T. Gorrell Jr. and Mary J. Gorrell; Paul R. Groves and Mary Ellen Groves; Eulonda Haley; David K. Harris and Linda Harris; George W. Kokos and Maryann Kokos; and Michael Tennant and Cheryl Tennant are suing the 190 defendants for lung injuries caused by exposure to asbestos and/or asbestos-containing materials, according to the complaints.
The plaintiffs claim the defendants are responsible for asbestosis and lung cancer sustained by Bickerstaff, Carpenter, Fife, David Gorrell, Paul Groves, Haley and David Harris, and asbestosis sustained by George Kokos and Michael Tennant.
The suit alleges the defendants failed to warn the plaintiffs of the dangers of the asbestos products when they knew or should have known that exposure to asbestos-containing products would cause disease and injury.
According to the lawsuit, the defendants also failed to exercise reasonable care to warn them and inform the plaintiffs of safe and sufficient apparel for a person exposed to asbestos to wear or use.
The 190 defendants named in the suit are: 20th Century Glove Corporation of Texas; 4520 Corp., Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Alliance Machine Company; Allied Glove Corporation; Ametek, Inc.; Anderson Greenwood & Co.; Andritz, Inc.; Armstrong International, Inc.; Armstrong Pumps, Inc.; Ashland, Inc.; Atlas Industries, Inc.; Aurora Pump Company; Bayer Corporation; Bayer Cropscience, Lp; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Bp Amoco Chemical Company; Bp Products North America, Inc.; Brand Insulations, Inc.; Burnham Holdings, Inc.; Cabot Corporation; Cameron International Corporation; Canadianoxy Offshore Production Company; Cashco, Inc.; Catalytic Construction Company; CBS Corporation; Century Aluminum Company; Certainteed Corporation; Chevron U.S.A., Inc.; the Cincinnati Gasket, Packing & Mfc, Inc.; Cleaver-Brooks, Inc.; Columbian Chemicals Company; Columbus McKinnon Corporation; Cooper Industries, Inc.; Copes-Vulcan, Inc.; Coppus Turbines; Corbesco, Inc.; Crane Company, Inc.; Dana Corporation; Degussa Corporation; Dezurik, Inc.; Dow Chemical Company; Dravo Corporation; E.I. Du Pont De Nemours & Company; Eaton Corporation; Eichleay Corporation; F.B. Wright Company; the Fairbanks Company; Fairmont Supply Company; Flowserve U.S., Inc., and its Byron Jackson Pump Division; Flowserve U.S., Inc., F/K/A Flowserve Fsd Corporation, F/K/A/ Durametallic Corp.; Flowserve U.S., Inc., F/K/A Flowserve FSD Corporation; Flowserve U.S., Inc., F/K/A Flowserve FSD Corporation, as successor to Edward Valves, Inc.; Flowserve U.S., Inc., F/K/A Flowserve FSD Corporation, as successor to Valtek International; Flsmidth Inc.; Flsmidth Dorr-Oliver Eimco, Inc.; Flsmidth Salt Lake City, Inc.; Fluor Constructors International; FMC Corporation; Foseco, Inc.; Foster Wheeler, LLC; Fuller Company; the Gage Company; Gardner Denver, Inc.; General Electric Company; General Refractories Company; General Technologies, Inc.; Gentex Corporation; George V. Hamilton, Inc.; the Goodyear Tire & Rubber Company; Goulds Pumps, Inc.; Graybar Electric Company, Inc.; Greene Tweed & Co.; Grinnell LLC; Gulf Oil Corporation; H.E. Neumann Company; Hercules Chemical Company, Inc.; Hinchliffe & Keener, Inc.; Hoechst Celanese Chemical Group, Inc.; Honeywell International, Inc.; Howden North America, Inc.; Hunter Sales Corporation; Huntsman International LLC; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Industrial Rubber Products; Ingersoll-Rand Company; Insul Company, Inc.; International Systems and Controls Corporation; ITT Corporation; J.H. France Refractories Company; Jabo Supply Corporation; Jacobs Engineering Group, Inc.; Jno J. Disch Company; John Crane, Inc.; Joseph T. Ryerson & Son, Inc.; Joy Technologies, Inc.; Katy Industries, Inc.; Kelly Moore Paint Company; Kentile Floors, Inc.; Lockheed Martin Corporation; M.S. Jacobs & Associates, Inc.; Magnetek, Inc.; Mallinckrodt LLC; Manitowoc Company, Inc.; McCarls, Inc.; McJunkin Redman Corporation; Meadwestvaco Corporation; Metropolitan Life Insurance Company; Mine Safety Appliance, Inc.; Minnotte Contracting Corporation; Mobil Corporation; Monongahela Power Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; National Services Industries, Inc.; Nitro Industrial Coverings, Inc.; Occidental Chemical Corporation; Oglebay Norton Company; Osram Sylvania, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Parker-Hannifin Corp.; Parker-Hannifin Corporation; Peerless Industries, Inc.; Pennzoil-Quaker State Company; Pharmacia Corporation; Plotkin Brothers Supply, LLP; Pneumo Abex Corporation; Potomac Edison Company; Power Piping Company; PPG Industries, Inc.; Premier Refractories, Inc.; Reading Crane; Research-Cottrell, Inc.; Rhone-Poulenc Ag Company, Inc.; Riley Power, Inc.; Robinson Fans, Inc.; Rockwell Automation, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; the Sager Corporation; Saint-Gobain Abrasives, Inc.; Schneider Electric USA, Inc.; Seco/Warwick Corporation; Shell Oil Company; Simakas Company, Inc.; S.P. Kinney Engineers, Inc.; Spirax Sarco, Inc.; SPX Cooling Technologies, Inc.; Sterling Fluid Systems (USA), LLC; Sullair Corporation; Sunbeam Products, Inc.; Sundyne Corporation; SVI Corporation; Taco, Inc.; Tasco Insulation, Inc.; Team Industrial Services, Inc.; Townsend & Bottom, Inc.; Trane U.S., Inc.; Trans-Pumps, Inc.; Trans-Pumps, Inc. of Pittsburgh; UB West Virginia, Inc.; Unifrax Corporation; Union Carbide Corporation; United Conveyor Corporation; United States Steel Corporation; Universal Refractories Corporation; Viacom Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Washington Group International; Waste Management, Inc.; Watson McDaniel Company; Weil-McLain Company; West Penn Power Company; Whiting Corporation; the William Powell Company; WTI Rust Holdings, Inc.; Wyeth Holdings Corporation; Yarway Corporation; and Zurn Industries, LLC.
Charleston, WV: The daughter of a man who died from asbestos-related illness is suing 62 companies she claims are responsible for her father’s death.
Carl Richard Butler Sr., was diagnosed with esophageal cancer on January 7, 2010, and subsequently died on April 18, 2011, according to the lawsuit. Butler worked as a machinist, laborer and pipefitter and it was during this time that Deidra G. Hill claims the defendants exposed her father to asbestos and/or asbestos-containing products. She further alleges that the defendants knew or should have known of the dangers of asbestos and failed to warn Butler.
The 62 defendants named in the suit are: A.W. Chesterton Company; Allied Chemical Corporation; Armstrong International, Inc.; Aurora Pump Company; Brand Insulations, Inc.; BWIP, Inc.; Catalytic Construction Company; Certainteed Corporation; Chicago Pump Company; Cleaver-Brooks, Inc.; Columbus McKinnon Corporation; Crane Co.; Crown Cork & Seal USA, Inc.; Dezurik, Inc.; Dravo Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foseco, Inc.; Gordon Gasket & Packing; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Industrial Supply Solutions; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Kentucky Power Company; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Pneumo Abex Corporation; Premiere Refractories, Inc.; Reading Crane; Riley Power, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric USA, Inc.; Spirax Sarco, Inc.; State Electric Supply; Sterling Fluid Systems (USA), LLC; the Alliance Machine Company; the F.D. Lawrence Electric Company; the William Powell Company; UB West Virginia, Inc.; United Engineers & Constructors; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; West Virginia Electric Supply; WT/HRC Corporation; Yarway Corporation; and Zurn Industries, Inc.
Asbestos Settlements
Los Angeles, CA: A California construction worker who developed a highly aggressive form of cancer after exposure to asbestos has received $7.5 million in settlement of legal claims against six companies that manufactured or distributed asbestos-cement pipe.
The 57-year old man, whose identity and current city of residence are withheld at his request, sued last August after he was diagnosed less than one year earlier with mesothelioma
The man was a construction worker who, in the 1970s and 1980s, helped install underground water and sewer lines. These pipes—6 to 48 inches in diameter—were made of a concrete-asbestos composite material for strength but also for ease of fabrication. The defendants made, sold or delivered them, according to the man’s attorney.
The plaintiff’s job in part was to cut asbestos-concrete pipes so they could be properly laid and connected beneath public and private streets in and around the Sacramento Valley city of Chico.
However, according to the court filing, the task of cutting this particular type of pipe posed extreme health risks. The cuts generated an enormous amount of cement-asbestos dust, which flew in every direction from the saw’s whirring blades and engine exhaust blast. This snowstorm of asbestos dust was at times so thick you couldn’t see the person standing three feet away. By the end of each workday, the plaintiff was covered from head to toe in a thick layer of asbestos dust. (SFGate.com)
Tort Reform Video Takes it Too Far–or Right on the Money?
January 24th, 2012. By AbiK
Was clicking around on some attorney blogs, and came across this gem—a rendering of what tort reform could look like for medical malpractice. Clearly it’s a bit over the top in a number of ways–but the point is there. And sadly, it takes a dramatization like this in order to crystallize key points buried in tort reform legislation.
If you’re wondering what the HR 5 bill is, it’s aim is to “improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” That’s the aim. And it all sounds good—until you start to read and understand what it all might mean to you or your loved one should you find yourself in need of a personal injury attorney.
Oh, and note to self: phrases on a government bill such as “sharing of information” should always pique one’s interest…
Week Adjourned: 1.21.12
January 23rd, 2012. By LucyC
Top Class Actions
Holy HELOC Batman—It’s been certified! A class action lawsuit brought by a couple in Cupertino in 2009—and which has been through 4 attempts to get certified—finally got the nod from a federal court judge this past week. And this one could affect many people.
The back story—Washington Mutual and JPMorgan Chase (Chase has since acquired WaMu) allegedly reduced credit limits on Jeffrey and Jenifer Schulken’s home equity line of credit (HELOC) without valid reasons.
Specifically, the HELOC class action lawsuit alleges violations of the Truth in Lending Act violations and unfair competition among other claims. The Cupertino couple allege they were informed by Chase, by letter, that their home equity credit lines would be suspended because they did not have enough monthly income to satisfy their debts. The Schulken’s allege that the monthly income of $11,200 that Chase claimed the couple stated on their applications, was inaccurate, that they had never “provided such an inflated income figure to WaMu, and that if the Schulkens’ file indicated such an income, then WaMu had intentionally misrepresented their income.”
After four attempts by Chase to have the complaint dismissed, two classes have now been certified: the “inability to verify” class, and a subclass of borrowers whose credit lines were suspended because Chase could not verify their financial circumstances.
The plaintiffs’ class definition to include “only those members who signed contracts that (1) arise from heritage WaMu customers, and (2) state that the borrower must provide, upon the lender’s request, ‘a current financial statement, new credit application, or both.’”
Top Settlements
Couple of big pharma settlements announced this week…
At the top of the hit parade we have Johnson & Johnson (J&J). They have reportedly agreed to pay $158 million to settle a lawsuit in Texas that alleges the company defrauded the state by misleading doctors about its antipsychotic drug Risperdal.
The deal will put an end to claims that J&J marketed Risperdal off label—for unapproved uses—and downplayed health risks associated with the drug. Texas had originally sought at least $579 million in damages. Well, shoot for the stars—isn’t that how the saying goes?
Bloomberg reported that the settlement follows some rather incriminating testimony given in court last week. Testimony that included an expert eye witness stating that J&J hid data showing Risperdal could cause weight gain that could lead to diabetes. According to Bloomberg “the witness also alleged that J&J had key study [ Study 113] results several years before it added warnings about weight gain to the drug’s label.”
Bloomberg notes in its report that J&J’s unpublished studies—ah—yes—more than one—were cited in a South Carolina case that brought a $327 million judgment against the pharmaceutical manufacturer. “It is apparent to this court that this information was not disclosed because if did not fit the marketing department’s vision for the promotion and marketing of this drug,” Judge Roger Couch wrote in a ruling (as quoted by Bloomberg). Amen to that.
And singing from a similar song sheet—we have Merck. It was announced this week that they have agreed to pay up to $37 million to settle a Canadian Vioxx class action lawsuit. Included in the settlement is $10 million for costs and fees. Plaintiffs’ lawyer said up to 2,000 Canadians may be eligible for compensation.
FYI—Vioxx (Rofecoxib) was on the market from 1999 to 2004, prescribed to patients as a pain-reliever for arthritis, osteoarthritis, menstrual pain, and other acute pain. Vioxx was recalled and pulled off the market when it was linked to deadly side effects heart attack, stroke, kidney damage, and arrythmia. This led to billions of dollars’ worth of litigation, including a $4.85 billion settlement that covers most of the U.S. plaintiffs.
Ok—That’s a wrap for this week. See you at the bar!
Asbestos News Roundup: 1.19.12
January 20th, 2012. By LucyC
A roundup of 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 Settlements
Manitoba, Canada: Several Manitoba property owners received class action settlement monies this week totalling nearly $5 million. The payments are part of a legal settlement between Pinchin Environmental Ltd. and asbestos manufacturer Federal Mogul that was more than eight years long.
According to the Winnipeg Free Press, the plaintiffs owned buildings that contained a type of asbestos fireproofing material called Limpet. Limpet was used extensively in Canadian buildings in the latter half of the last century. The largest award – $700,000 – went to Winnipeg Airports Authority, which is in the process of demolishing an old terminal. The Canadian Wheat Board was another large award recipient, getting $198,000 as compensation. Its Main Street head offices underwent extensive renovation over the past decade, including expensive asbestos abatement, the Winnipeg Free Press writes. The WFP also states “The Canadian involvement in the U.S. settlement is unique in a few ways. Pinchin officials say the legal claims would likely have failed had they been presented in Canadian court. The Canadian participation was not instigated by the property owners, but by Pinchin’s own efforts. About 70 percent of the $32-million eventual settlement will go to Canadian building owners. And of that Canadian component, about 25 percent will be distributed to Manitoba claimants.” (Winnipegfreepress.com)
Asbestos Hot Spots
Former Workers at the Silico and Southwest Vermiculite Co Plants at Risk for Asbestos-related Diseases.
Albuquerque, NM: Federal contractors began removing asbestos-contaminated soil at two sites in Albuquerque this week, where fireproof insulation was manufactured for decades. Dressed in protective suits and using heavy equipment, the men are scraping up the contaminated soil. The Environmental Protection Agency (EPA) must remove some 5,000 cubic yards of contaminated soil from the former Silico Inc. plant located at 5119 Edith NE. Soil removal is also underway at a smaller site located at 1822 First NE. The site was used by the Southwest Vermiculite Co. The popular fireproof insulation was sold under the brand names Zonalite and Texas Vermiculite, and was distributed across New Mexico to insulate attics and walls.
But along with the soil removal come questions about the health of former employees at the plants, as well as the location of some 68,000 tons of asbestos-tainted vermiculite imported to New Mexico from 1967 to 1988 for use in making the insulation.
The vermiculite came from the W.R. Grace mine in Libby, Montana, which shipped tons of asbestos-contaminated vermiculite by rail to plants across the country. The mine closed in 1990. The employees who worked in the plants and loaded and unloaded the vermiculite ore would have been at greatest risk for asbestos exposure, said Mike McAteer, the EPA’s on-site coordinator. “I have no doubt there would have been fiber getting kicked up during this loading operation,” McAteer said. He recommended anyone who believes he or she may have been exposed to asbestos to contact a health provider.
According to the report in the Albuquerque Journal, Bernalillo County environmental health officials plan to identify employees who worked at the plants and notify them about potential health risks, Kitty Richards, an agency program manager, said at a public meeting Tuesday. (Albuquerquejournal.com)
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