Posts Tagged ‘ Asbestos Mesothelioma ’
Asbestos News Roundup: 10.13.11
October 13th, 2011. 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: An asbestos lawsuit was filed late September by Julie Anne Mossburg of Ohio in St. Clair County Circuit Court. In her suit, Mossburg names 28 defendant companies, alleging they caused the recently deceased Gary James Mossburg Sr. to develop lung cancer. Mr. Mossburg Sr. died on January 27, 2010, as a result of his asbestos related illnesses.
In her lawsuit, Julie Anne Mossburg claims that Mr. Mossburg’s lung cancer resulted from his exposure to asbestos-containing products throughout the course of his work as a bricklayer and tile setter at various residential, commercial and industrial locations from 1966-2006.
The lawsuit further claims that the defendants should have been aware of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ safety.
Before his death and as a result of his asbestos-related illnesses, Gary James Mossburg Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Additionally, Mr. Mossburg became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued, Julie Anne Mossburg alleges.
Julie Anne Mossburg is seeking economic damages of more than $50,000, a judgment of more than $50,000, punitive and exemplary damages of more than $100,000 and compensatory damages of more than $50,000, plus costs and other relief the court deems just. (Madisonrecord.com)
Asbestos Law
Pueblo, CO: Tom Tienda, a contractor in Pueblo, is being tried by state and local prosecutors for hiring a handful of homeless day laborers to dear down a house on Lake Avenue that contained asbestos. The prosecutors allege that Tienda was aware the building contained asbestos, and by hiring itinerant labor he could avoid paying $200,000 to properly remove the carcinogenic substance.
Mike Melito, a prosecutor with the Colorado Attorney General’s Office, explained to the jury that Tienda also took some of the contaminated material and used it on another of his portfolio of homes at 903 Catalpa.
Tienda is charged with felony counts of intentionally causing a hazardous materials incident and attempting to influence a public servant along with numerous misdemeanor counts of air pollution for demolishing the house without any permits.
Tienda, who owns several properties in the area, at least one of which has been condemned, allegedly hired a group people to remove asbestos-containing material before crews started bringing the walls down on his Lake Avenue property.
J.D. Potter, the Pueblo Regional Building department’s assistant building officer, a witness in the case, said old Tienda’s tenants complained about poor plumbing or electrical problems or that the heat had been shut off. Potter said the Lake Avenue property had been in decline since the 1990s. By the time he inspected it in 2006, electrical wiring and copper plumbing had been stripped from the home and vagrants and gangs had squatted in the building. (Chieftan.com)
Asbestos News Roundup: 10.6.11
October 6th, 2011. 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: Edward and Iva Hayes filed an asbestos lawsuit late in September, naming 53 companies as defendants. The Hayes allege the defendants caused Edward Hayes to develop asbestos-related lung cancer resulting from his exposure to asbestos-containing products throughout his career as a fireman.
According to the lawsuit, Edward Hayes worked as a fireman from 1945 until 1947, as a mechanic at Clyde Jones Auto from 1948 until 1954, as a plumber and pipefitter at various private businesses from 1954 until 1956, as a plumber and pipefitter at Warren Green Plumbing from 1956 until the 1960s and as a maintenance worker and plumber at Appalachian State University from the 1960s until the 1990s.
As a result of his asbestos-related diseases, Edward Hayes has become disabled and disfigured. Further, the lawsuit alleges he incurred medical costs and suffered great physical pain and mental anguish, and he became prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued.
The Hayes are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendant for their misconduct and punitive and exemplary damages of more than $100,000, plus costs and other relief the court deems just.
St. Clair County, IL: Another asbestos lawsuit was filed in late September by Delvin and Rosalie Schuessler , who name 45 defendants. The Schuesslers allege Delvin Schuessler developed asbestos-related lung cancer resulting from asbestos exposure during his career as a maintenance worker and mechanic at McDonnell Douglas/Boeing from 1955 until 1977.
In their lawsuit, the Schuesslers allege the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the Delvin Schuessler’s safety.
As a consequence of his asbestos-related diseases, the asbestos lawsuit alleges, Delvin Schuessler is now disabled and disfigured, and he has incurred medical costs and suffered great physical pain and mental anguish. In addition, his is prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued, the plaintiffs claim.
The Schuesslers are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants for their misconduct, punitive and exemplary damages of more than $100,000 and economic damages of more than $150,000. (madisonrecord.com)
Week Adjourned: 9.30.11
September 30th, 2011. By LucyC
Top Class Actions
NCAA Concussion Lawsuit Filed. Again. It’s about time! Two former college football players who suffer from the residual effects of head injuries filed an class-action lawsuit against the National Collegiate Athletic Association (NCAA), accusing the governing body of neglecting to protect student-athletes from concussions and their aftermath.
The class action lawsuit accuses the NCAA of turning a blind eye to coaches who teach players to use their heads for tackling, failing to establish a NCAA-wide system for screening head injuries and shirking its financial obligations to injured student-athletes who need medical treatment after they’ve left college.
The case alleges that despite a mounting body of scientific evidence linking concussions to depression, dementia and early-onset Alzheimer’s, among a host of other medical problems, the NCAA has failed to enforce the safety measures it introduced in the 1970s. The lawsuit further claims that NCAA football coaches continue to encourage players to use tackling methods that promote head trauma, including helmet-to-helmet hits. The harshest penalty ever imposed on coaches who teach this tactic was a letter of reprimand, according to the complaint.
The lead plaintiffs in the suit are former University of Central Arkansas wide receiver Derek K. Owens and former Northwestern University offensive lineman Alex Rucks, who say their lives have been fundamentally altered as the result of brain trauma that could have been prevented.
Owens, 22, was hit in the head from behind while taking part in a voluntary practice the summer before his freshman season. According to the complaint, Owens never received medical attention from the team despite feeling dizzy, having difficulty seeing and being unable to drive home. The 2008 incident was the first of numerous head injuries for Owens, who was named Arkansas’ Top Offensive Player and one of the state’s top Scholar-Athletes his senior year of high school.
The second week of his first season, a linebacker knocked Owens unconscious in practice, according to the lawsuit. UCA’s trainers told Owens’ roommates he had a “severe concussion” and to wake him up every couple of hours. He sat out for several weeks until he was cleared to return to the practice team. During a 2010 game, Owens was returning a punt when he was leveled by an opposing player, who later called the play “the highlight of his career,” according to a story in the Tulsa World. Owens experienced memory loss, headaches, an inability to concentrate, anxiety and depression. His grades plummeted despite his once-sterling academic record. In May of 2011, he dropped out of school and football as a result of the debilitating effects of repeated head trauma.
Rucks, who played at Northwestern from 2004 to 2008, was never formally diagnosed with a brain injury, but suffered numerous blows to his head that led to symptoms consistent with a concussion. The NCAA never tested or followed-up with Rucks to determine whether he’d been concussed, or if he was experiencing post-concussion syndrome, the lawsuit alleges.
Since his playing days, Owens has suffered from the symptoms of post-concussion syndrome, including the loss of concentration and memory, according to the complaint.
The lawsuit alleges the NCAA never encouraged football players to report or complain about their physical well-being, nor does it educate players about head-injury prevention or the telltale symptoms of a concussion.
The lawsuit, a class action, seeks to represent current or former NCAA football players who have medical or team records indicating they sustained a concussion(s) or suffered concussion-like symptoms while playing football at an NCAA school, and who have, since ending their NCAA careers, developed chronic headaches, dizziness, dementia, Alzheimer’s disease or other physical and mental problems as a result of the concussion and have incurred medical expenses from such injuries.
All class members would be notified that they may require frequent medical monitoring. NCAA-wide return-to-play guidelines would be established. The NCAA would mandate that team physicians learn to detect concussions and sub-concussions, as well as determining when a player is at an increased risk of harm. It also seeks to redress the intangible losses suffered by these class members.
Top Settlements
Asbestos Mesothelioma Lawsuit Settlement. Another asbestos settlement to report this week. A jury in Orleans Parish Civil District Court has ruled that three companies are liable for $7.55 million in damages for exposing former employee Thomas Kenney to asbestos. Kenny has been diagnosed with malignant asbestos mesothelioma.
Mr. Kenney sued Rexam Beverage Can Co., John Crane Inc and Haveg Inc, among others, claiming that he was exposed to asbestos while working in a canning factory and a refinery in the 60s and 70s. The jury hearing his case found John Crane, Rexam and Haveg liable for Kenny’s asbestos exposure and Rexam liable for the dangerous levels of asbestos, which was located in its canning factory in New Orleans’ Mid-City neighborhood. The old canning factory has since been refurbished and converted into an apartment complex.
Reebok to Atone for its Toning Shoes Claims: While the jury may be out on whether or not these shoes actually do tone your butt and abs, the Federal Trade Commission isn’t wasting time making up its mind. Reebok has agreed to pay $25M to settle charges brought by the Federal Trade Commission alleging that the athletic shoe manufacturer falsely advertised its “toning” shoes, making claims that the shoes could measurably strengthen the muscles in the legs, thighs and buttocks.
Among the claims the FTC found offensive–and possibly downright misleading—are that the EasyTone footwear is proven to increase the strength and tone of your gluteus maximus muscles by 28% (really?) and give you 11% more strength in your hamstring and calf muscles—(really)—compared with regular walking shoes—whatever those are.
The FTC settlement is the first, and results from its investigation into the advertising claims made by Reebok. However, other companies such as New Balance and Sketchers have also aced lawsuits over their advertising claims.
Ok—That’s it for this week. See you at the bar!
Asbestos News Roundup: 9.16.11
September 16th, 2011. 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: A man from Illinois has filed an asbestos lawsuit naming 58 defendant companies that he alleges, caused his father, Joseph Paskauskas, to develop asbestos mesothelioma, resulting in his recent death.
Raymond Paskauskas alleges that his father was exposed to asbestos-containing products throughout his career as a machine repairman at Pullman Standard from 1947 until 1954, as a machine repairman at Continental Foundry in Chicago from 1951 until 1953, as a machine repairman at General Motors Fisher Body from 1950 until 1951 and from 1954 until 1956, as a machine repairman at Ford Motor Company from 1956 until 1986 and as a shade tree mechanic from the 1950s until 1980.
As a result of his asbestos-related illness, Joseph Paskauskas became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. Furthermore, as a result of his asbestos-related disease, Joseph was prevented from pursuing their normal course of employment and, as a result, lost large sums of money that would have accrued to them, Raymond Paskauskas Jr. claims.
Because of Joseph Paskauskas’s death, Raymond Paskauskas has been deprived of his family member’s love, services, companionship, comfort, instruction, guidance, counsel, training and support, according to the complaints.
Raymond Paskauskas is seeking economic damages of more than $200,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants and a judgment of more than $50,000. (madisonrecord.com)
St. Clair County, IL: Raymond R. Ridley filed an asbestos complaint against 28 defendant companies Read the rest of this entry »
Asbestos News Roundup: 9.9.11
September 9th, 2011. 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
Jefferson County, TX: An asbestos lawsuit has been filed by the family of the late Augustine Aranda Sr, naming the man’s former employer, Atlantic Richfield, and two other companies, Beazer East Inc, and BP Products North America, as defendants.
The lawsuit, filed by Aranda’s widow Patsy Aranda and her children, allege Aranda was exposed to asbestos dust and fibers through his work at Atlantic Richfield, where he was an employee. The lawsuit does not give dates of employment.
“As a result of such exposure, Aranda developed … asbestosis and lung cancer, for which he died a painful and terrible death on November 13, 2010,” the lawsuit states.
The lawsuit also alleges the defendants knew of the health issues related to asbestos exposure for decades, but still allowed their employees to work with asbestos products. (SETexasrecord.com)
Yuba County, CA: An ex-employee of Yuba County has filed a lawsuit alleging he discovered asbestos problems in the county courthouse and told state regulators about them only to be laid-off in retaliation for whistle-blowing.
According to the lawsuit, filed by former county maintenance worker Billy Wilden Sr, the presence of asbestos in the courthouse’s boiler room was mentioned by a contractor working with the county in June 2009. The contractor told the county’s Administrative Services Office about asbestos insulation around pipes in the boiler room. However, it wasn’t until after another employee was asked to remove the asbestos without proper training, and subsequently mentioned that request to Wilden, that Wilden raised the issue with other administrative services staff. The lawsuit alleges that when the official who had ordered the asbestos removal discovered questions were being asked, he began a pattern of harassment against Wilden.
In September 2009, Wilden informed the California division of Occupational Safety and Health about the asbestos problems, leading to a series of Cal-OSHA fines in January 2010 against the county totaling $11,500.
The lawsuit states Wilden was laid off as of July 1, 2010, as a result of budget cuts. Just a month before, Yuba County issued 22 layoff notices. The county, the Administrative Services Office and several officials in the office are listed as defendants in the lawsuit.
“As a proximate result of Defendants’ conduct, Plaintiff has sustained and continues to sustain substantial losses in his earnings and other employment benefits and continues to suffer humiliation, emotional distress, and mental and physical pain and anguish, all to his damage in a sum according to proof,” the lawsuit states. (appeal-democrat.com)
Home Renovations Linked to Asbestos-Related Diseases
Cinnaminson, NJ: A new international study is shedding light on the health risks associated with asbestos and home renovation projects. The study, published in the Medical Journal of Australia, has shown an alarming rate of asbestos-related diseases that can be correlated to exposure to asbestos from home renovation projects.
The research found that 35.7% of females and 8.4% of males with mesothelioma in Western Australia between 2005 and 2008 were attributable to asbestos exposure from home renovation projects. Although this study took place in Australia, which banned asbestos in 2003, the significance of the study to people in the United States is clear. The U.S. Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) have been able to ban some asbestos containing products in recent years, but countless older homes still have many materials that contain asbestos.
According to the EPA, “Today, asbestos is most commonly found in older homes, in pipe and furnace insulation materials, asbestos shingles, millboard, textured paints and other coating materials, and floor tiles. Elevated concentrations of airborne asbestos can occur after asbestos-containing materials are disturbed by cutting, sanding or other remodeling activities. Improper attempts to remove these materials can release asbestos fibers into the air in homes, increasing asbestos levels and endangering people living in those homes.”
“This new research into asbestos related illness and its direct link to home renovations should open people’s eyes to the dangers associated with asbestos containing materials in our homes,” reported Joe Frasca, Senior Vice President, Marketing at EMSL Analytical, a leading asbestos testing laboratory. “Fortunately, testing suspect materials before beginning home renovation projects has never been quicker and easier,” he said. (webwire.com)
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