Asbestos News Roundup: 3.29.12 (Spotlight: Asbestos and Railway Workers)

March 30th, 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 Workers at Risk

Railway workers…. Every week new asbestos lawsuits are filed, many of them by retired railway workers or their widows. Case-in-point—the lawsuit below filed by the widow of a retired BNSF railway man, who died from asbestos-related lung disease.

Asbestos exposure was a constant danger for people working on or around the railways in the US. Because of its insulating properties, asbestos was used to insulate steam and diesel locomotives, boxcars and cabooses, refrigeration units, pipes, and pipes, steam and hot water lines. Asbestos was also widely used in railroad brakes and clutch linings, gaskets, and in heavy-wearing floor tiles for passenger cars. And, during locomotive inspections it was not uncommon to have asbestos insulation stripped off the boilers, which would send asbestos fibers into the air and onto people’s clothing, affecting everyone in the vicinity—as well as family members at home.

Railway Worker’s Widow Sues BNSF

St. Clair County, IL: The wife of a recently deceased railroad worker, Anthony Ianno, filed an asbestos lawsuit recently against her husband’s former employer, BNSF Railway Company. In her lawsuit, Norina M. Ianno claims the railway company contributed to her husband’s death by exposing him to asbestos fibers throughout his employment with them.

Mrs. Ianno claims her husband developed asbestosis, lung cancer and another unspecified lung disease after he was exposed to asbestos fibers through his employment as a dock foreman and clerk from 1954 until 1986 for BNSF Railway Company. In addition to asbestos fibers, Mrs Ianno alleges her husand was also exposed to diesel exhaust, tobacco smoke, silica and other toxic gases, which also contributed to his disease.

Norina blames BNSF for causing her husband’s disease because, she says, the railroad negligently failed to provide Anthony Ianno with safe work, failed to provide him with equipment to protect him from asbestos fibers, exposed him to asbestos, failed to warn him of the hazards associated with asbestos and agreed to conceal the hazards of asbestos exposure.

Because of Anthony Ianno’s respiratory illness, he endured great pain, suffering, disability, disfigurement and mental anguish and lost his enjoyment of life, the suit states. He also incurred medical costs, the lawsuit states.

And, Mrs. Ianno claims that following her husband’s death on March 6, 2009, she lost his financial support. Consequently, she is seeking a judgment of more than $100,000, plus costs. (Madisonrecord.com)

Asbestos Settlements

St. Clair, IL: The Illinois Supreme Court has ruled against CSX Transportation and in favor of the family of Annette Simpkins of Granite City, IL, who died of asbestos-related cancer after her husband brought the toxic dust home on his clothing from the railroad. The ruling yesterday returns the case to Madison County, IL, for trial after a majority of Supreme Court justices found that an employer has an obligation to warn workers and their families about the dangers linked to take-home asbestos exposure.

According to the complaint in Simpkins, et al. v. CSX Transportation, Mr. Simpkins brought asbestos dust home on his clothes in the 1960s while working for CSX Transportation, formerly B&O Railroad. Mrs. Simpkins was exposed while doing his laundry and later developed mesothelioma, an aggressive asbestos-cancer. In 2007, the case was dismissed without trial at the railroad’s urging. Mrs. Simpkins died from her cancer that same year.

“Take-home” asbestos exposure occurs when a family member brings asbestos fibers from the workplace home on his clothes or skin, exposing others living in the household. Studies have shown mesothelioma can be caused with very little exposure to asbestos.

The Illinois Appellate Court reversed the decision in 2010, and the railroad appealed the ruling to the Supreme Court. The law firm representing the Simpkins family commended the court’s ruling, saying the decision strengthens the rights of Illinois families unjustly harmed by toxic exposures and keeps the railroad from evading its responsibility.

“The Supreme Court made a thoughtful decision that adds protection for any family member who becomes ill from a toxic exposure through no fault of his own,” the plaintiff’s attorney from the law firm of Simmons Browder Gianaris Angelides & Barnerd LLC said. “The railroad wanted blanket immunity, claiming its responsibility ended with its workers. The railroad wants us to forget that it knew asbestos was deadly and was likely to leave the rail yard and make it home with the workers.”

Cleaning Up Storm Damage –Watch Out for Asbestos

Lexington, KY: The Kentucky Department for Public Health and the Division for Air Quality are recommending that homeowners, private citizens, commercial contractors, and county/city officials follow precautions to reduce the risk of asbestos exposure when cleaning up debris and damage after recent tornados.

Because of the age of some of the destroyed buildings and mixture of debris, it is possible that debris may be contaminated with asbestos. Debris from damaged buildings should be kept wet and never burned, so that the potential release of dangerous asbestos particles into the air can be prevented.

Improper handling of asbestos-containing materials can lead to health problems. Asbestos is a mineral fiber that is commonly found in a variety of building construction materials such as roofing shingles, ceiling and floor tiles, pipe insulation, and flame-retardant products like asbestos cement. When asbestos-containing materials are damaged or disturbed, microscopic fibers become airborne and can be inhaled into the lungs, where they can potentially cause harm.

The U.S. Environmental Protection Agency (EPA) recommends keeping asbestos-containing debris thoroughly wetted to reduce potential dust that might result during clean-up. In order to protect the health of homeowners and others involved in debris removal after the recent tornados, the Department for Public Health and the Division for Air Quality encourage the hosing of all demolition debris with water to keep it thoroughly wet until proper disposal in a landfill. Debris should be covered with protection before transportation to a landfill. Burning can potentially cause the release of toxic substances, including asbestos. Open burning of demolition debris is both dangerous and illegal.

In addition to following these steps, the public is reminded to avoid contact with blowing dust from clean-up sites. While dust masks are helpful in filtering out some small particles, they may not be effective in protecting against exposure to fine asbestos particles. Detailed information may be obtained at the Division for Air Quality’s Website.  (Lex18.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, asbestos_mesothelioma, mesothelioma, Occupational Asbestos Exposure, Railway Workers, Take Home Asbestos

This was posted on Friday, March 30th, 2012 at 8:43 am and is filed under Asbestos Mesothelioma, lawsuits, Personal Injury, Settlement . Feel free to respond, or trackback. Read our comments policy.