Asbestos News Roundup: 4.26.13 – Top Risk Jobs for Asbestos Exposure

April 26th, 2013. 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 Exposure—Who’s at Risk?

A $7.5 million asbestos lawsuit settlement was recently awarded to construction worker who developed a highly aggressive cancer after his exposure to asbestos. The plaintiff, who was not named, brought the lawsuit against several of the companies that manufactured the materials.

But construction workers aren’t the only people at high risk for asbestos disease. According to information posted by the Agency for Toxic Substances and Disease Registry (ATSDR), workers in the following areas can be exposed to asbestos:

• Brake repair mechanic

• Carpenter

• Demolition worker

• Dry wall finisher

• Electrician

• Insulation installer

• Miner

• Pipe or steam fitter

• Plumber

• Roofer

• Shipyard worker

• Vermiculite processing plant worker

• Welder

The ATSDR also states that outdoor workers, such as construction workers, landscapers, and excavators might be exposed to naturally occurring asbestos found above the ground through activities that crush asbestos-containing rock or stir up dust in soils that contain asbestos.

Asbestos Lawsuits

New Orleans, LA: Carol Phillips and the Estate of Robert Lee Phillips have filed an asbestos lawsuit against ABB Combustion Engineering Inc., Centerpoint Energy Inc., Associated Electric Cooperative Inc., Nebraska Public Power District, and City of Grand Island in St. John the Baptist District Court.

Mrs. Phillips alleges her husband died from asbestos exposure. He worked for the defendants for various times from 1956 until 1980, and, the lawsuit contends she was exposed, on numerous occasions, to asbestos or asbestos-containing products and inhaled great quantities of asbestos fibers. Phillips developed mesothelioma and subsequently died as a result of his alleged exposure, the lawsuit claims.

The asbestos lawsuit claims negligence and premises liability for failing to provide a safe place to work, failing to inspect, approve, and supervise the work of Philips and his co-workers, failing to provide adequate warnings, physical examinations, safety equipment, ventilation, and breathing apparatus to prevent Phillips from being harmed by exposure to asbestos, failing to comply with the applicable regulations regarding workplace exposure to asbestos, failing to provide adequate safety equipment, and failing to protect Phillips from any asbestos exposure, on the part of the defendants.

Mrs. Phillips is seeking an award of wrongful death and survival damages for physical pain and mental anguish, pain, medical expenses, physical impairment, total disability, loss of earning capacity and wages, expenses for domestic help and nursing care, loss of love and affection, loss of services, medical expenses, funeral expenses, attorney’s fees, interest, and court costs.

Los Angeles, CA: A construction worker who developed a highly aggressive cancer after his exposure to asbestos, has settled pre-trial for $7.5 million. The plaintiff brought his asbestos lawsuit against several of the companies that manufactured the asbestos-containing materials.

The plaintiff was a construction worker in the 1970s and ‘80s, helping install underground water and sewer lines beneath the Sacramento Valley city of Chico. His job involved working with pipes made from a concrete-asbestos compound, which he would cut with a gasoline-powered saw. The cutting generated an enormous amount of cement-asbestos dust, which left the plaintiff covered head to toe by the end of the day. The plaintiff was later diagnosed with pleural mesothelioma, an aggressive form of cancer, also rare except where attributable to asbestos exposure.

The plaintiff filed the lawsuit in the Superior Court of Los Angeles County, seeking damages on a defective product liability action. The plaintiff sought recovery of medical expenses, lost wages, and non-economic recovery. The defendants named were several companies who manufactured, sold or delivered the asbestos-containing pipes the plaintiff worked with, including Parex USA, Westburne Supply, John K. Bice Co., Los Angeles Rubber, Hajoca Corp., Hanson Permanente Cement, Keenan, Properties, J-M Manufacturing, Certainteed Corp., Ferguson Enterprises, Grinnell Corp., Amcord, Ameron International and Calportland.

Asbestos Manufacturer Files for Bankruptcy

On Monday, April 22, 2013, Yarway Corporation filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to papers filed by Yarway with the Bankruptcy Court, the company’s origins go back to 1908 when it started manufacturing pipe clamps, steam traps and valves. The company was privately owned until 1986, when it was sold to Keystone International, Inc. Keystone was purchased by Tyco International Ltd. in 1997.

According to its Declaration, Yarway “allegedly manufactured, distributed and/or sold asbestos-containing products, which ceased entirely by 1988.” The company stopped its manufacturing operations entirely in 2003 when it sold its manufacturing facility to an unrelated third party. Id. Even after the company sold off its manufacturing assets, it remained in existence in order to “defend, process and satisfy asbestos-related claims asserted against it.” These asbestos related claims are the basis for Yarway filing for bankruptcy.

Yarway contends that its bankruptcy filing is the result of the continued flow of asbestos-related claims due to human exposure to the company’s asbestos-containing products. The company places the asbestos claims in two primary categories: (1) claims stemming from exposure to Yarway’s gaskets and packing that was manufactured between the 1920s to the 1970; and (2) claims relating to the manufacture of joint packing consisting of Teflon and asbestos from the 1940s to the 1970s.

Yarway is faced with an enormous amount of asbestos-related litigation. The company contends that it was first named as a defendant in a lawsuit in 1991. In the last five years over 10,000 new asbestos-related claims have been asserted against the company. Since the beginning of Yarway’s fiscal year (October 1, 2012), Yarway has received over 1,000 new asbestos claims. In the past five years, Yarway has paid over $128 million in settlement costs for asbestos claims. That number reached $18 million for this fiscal year alone.

Yarway contends that in 2012 it settled the last of its insurance policies known to provide coverage for asbestos-related claims. The company believes it has no additional insurance coverage for future claims. By filing for bankruptcy, Yarway hopes to “negotiate, obtain approval of, and consummate a plan for reorganization that establishes an appropriately funded trust to provide for the fair and equitable payment of legitimate current and future Yarway asbestos claims …” (MondaqNews.com)

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

This was posted on Friday, April 26th, 2013 at 12:16 pm and is filed under Asbestos Mesothelioma . Feel free to respond, or trackback. Read our comments policy.