Mesothelioma & Asbestos News

Friday, October 10th, 2008

Recently in Los Angeles, the federal Environmental Protection Agency fined the city Department of Water and Power a total of $9,030 dollars for asbestos-related violations.

The fine was incurred after the EPA determined that the LA Department had demolished certain structures without notifying the EPA about the demolition. Such notification is required in accordance with the federal Clean Air Act, which is designed to regulate the risk of asbestos exposure.

Asbestos is dangerous because exposure can cause a range of serious diseases, including asbestosis, a debilitating lung condition that reduces lung capacity. Exposure to asbestos can also cause the development of mesothelioma and lung cancer.

Most cases of malignant mesothelioma are diagnosed in a late stage of development as a result of the latency period associated with the disease.

Demolition activities carry particular risks because of the possibility of generating large quantities of airborne asbestos fibers. For this reason, asbestos must always be removed before any structure is demolished. Asbestos should only be handled by a licensed contractor who has the knowledge and skills needed to safely remove the material.

In addition to removing asbestos, the transportation of the substance also requires great experience. All asbestos-containing materials must be sealed in leak-proof containers, clearly labeled, and disposed of at a facility equipped to handle hazardous materials.

The EPA, along with the California Air Resources Board, determined in August of 2007 that the LA Department of Water and Power was responsible for the demolition of structures near Niland, California.

Deborah Jordan, director of the Air Division for the EPA’s Pacific Southwest region, said of the incident, “When a building is demolished, asbestos must be properly removed in order to protect the health of workers and the community. We can avoid creating a public health threat from airborne asbestos by following the safeguards required by law.”

Friday, October 10th, 2008

The filing of a mesothelioma lawsuit is usually an attempt to recover damages that are associated with the contraction of the disease. In most cases, the person filing the lawsuit is seeking compensation for medical expenses, loss of income, and pain and suffering.

Mesothelioma is a rare form of cancer that most commonly affects the lining of the lungs. However, other areas that have been known to contract the disease include the heart and abdomen.

The development of mesothelioma cancer is almost exclusively attributable to asbestos exposure and is often diagnosed in the latest stages of development due to the latency period associated with the disease.

Persons of any age can develop mesothelioma, but most newly diagnosed mesothelioma patients are quite old. A person with a developing case of mesothelioma may live for decades without symptoms or other obvious signs of serious illness.

While this may seem like a blessing to some, it is decidedly a curse, as the long latency period associated with the disease presents a serious challenge to doctors who wish to treat mesothelioma patients.

By the time a person with mesothelioma begins to show symptoms of the disease, they might be in their 70s or 80s and already living with a disease in its latest stages of development. Mesothelioma treatments can include surgery, radiation therapy, anticancer drugs, chemotherapy, and other methods.

Employers and manufacturers of asbestos-containing products are often held liable for the suffering that occurs from such a disease. If you or a loved one has been exposed to asbestos and diagnosed with mesothelioma, the best step to take is to contact a qualified mesothelioma lawyer. They will be aware of the legal options available and can guide you through the process of filing a mesothelioma lawsuit.

Thursday, October 9th, 2008

A couple has recently filed a lawsuit claiming they have both developed asbestos-related diseases as a result of exposure to the toxic substance.

Asbestos fibers are extremely hazardous when they become airborne. If inhaled, these tiny fibers are highly irritating to the soft, delicate tissue of the lungs. Beyond asbestosis, other diseases that can result from asbestos exposure include lung cancer and mesothelioma.

Pleural mesothelioma is the most common type of mesothelioma cancer. This disease, like other asbestos-related diseases, can take several decades to develop symptoms. As a result, most cases are diagnosed during the advanced stages.

A lawsuit filed on September 30 in Madison County Circuit Court concerns the plight of a couple, Michael and Madonna Sue Poninski, who say that because of Michael’s asbestos exposure, they have both developed asbestos diseases.

The suit claims Michael Poninski was diagnosed with lung cancer and other respiratory illnesses in 2007, while Madonna Sue Poninski was diagnosed with asbestosis earlier this year.

Michael Poninski worked for BNSF Railway between 1971 and 1999 as a brakeman, switchman, and conductor. It is during this time that he believes the asbestos exposure occurred.

According to the lawsuit, Michael Poninski often worked around toxic fumes and hazardous substances, including asbestos, exhaust and diesel fumes, dust, chemicals, paints, and other industrial chemicals. Madonna Sue Poninski is claiming she was exposed to asbestos in the home while she would wash her husband’s clothing after he arrived home from work.

The couple believes BNSG was negligent in allowing the exposure to occur, failed to provide a safe place to work, failed to provide protective equipment, and failed to warn employees about the dangers of working around asbestos and other toxic substances.

Both Michael and Madonna Sue Poninski claim they have suffered from physical and mental pain, disablement and loss of income, and have incurred significant medical expenses. They also state they have lost the possibility of having normal lives.

The two-count lawsuit is only asking that they be awarded at least the minimum jurisdictional amount in accordance with what the court deems as just compensation.

Thursday, October 9th, 2008

If you are one of the millions of Americans who own a home that contains Zonolite insulation, there is less than a month left for you to be eligible to claim Zonolite-related compensation from W.R. Grace & Company.

At the end of July, the Delaware Bankruptcy Court that has been overseeing the W.R. Grace & Company case set a bar date for claims related to Zonolite attic insulation. The cut-off date is currently set for October 31, 2008.

It’s important to note that these are property-related claims and not personal injury claims. These types of claims are related to any home-ownership costs that arise from the presence of Zonolite in your home. This can include any type of abatement or removal, and even a reduction in property value that may occur as a result of the presence of Zonolite.

Zonolite is a type of loose-fill, non-roll vermiculite insulation produced and sold by W.R. Grace & Co. The company originally gathered the vermiculite from a mine located in Libby, Montana. The mine, the vermiculite, and all the insulation sold under the brand name Zonolite is contaminated with tremolite asbestos.

Asbestos is one of the largest contributors to the development of mesothelioma, which is a rare form of cancer. Exposure to the substance occurs when asbestos-containing products become damaged or disturbed and release tiny fibers into the air. The inhalation of these fibers is what causes mesothelioma cancer.

Zonolite was sold from the 1920s up until the 1980s under several brand names, including Attic Fill, Attic Plus, Cashway Attic Insulation, Econofil, House Fill, Wickes Attic Insulation, Zonolite Insulating Fill, Sears Micro Fill, Quiselle Insulating Fill, Mica Pellets Attic Insulation, Unifil, and Ward’s Mineral Fill.

Zonolite insulation may appear as a glittery granular substance. The granules may be silvery, gold, or brown in color, and may have darkened after being present in an attic for several years. Even homes with newer insulation may still contain Zonolite, as the substance may be found underneath newer rolled insulation.

If you are entitled to claim compensation, it’s crucial to know that you have less than a month remaining to make a claim. Even if you don’t currently plan to remodel or sell your home, this is an important consideration. Removing Zonolite can cost between $5 and $12 per square foot, and the cost adds up very quickly when there is an entire house full of the substance.

Wednesday, October 8th, 2008

Asbestos is a naturally occurring mineral that has been used in thousands of products across the globe. The mineral is composed of fibers that are flexible and soft, yet durable and very resistant to heat and fire. Because of this unique combination of characteristics, asbestos became a very useful material in many domestic and industrial applications. However, this mineral is very toxic and is known to cause a range of terminal health conditions, such as asbestosis, mesothelioma cancer, and lung cancer. This is why homeowners are advised to contact a home inspector to have their residence checked for contamination.

Asbestos was widely used across the United States from the late 1800s until the 1980s, when scientific evidence had long proven the hazards of human asbestos exposure. This mineral can still be found in numerous products on the American market, just in smaller quantities than previously allowed. Found in domestic products ranging from ovens to ironing boards to clothing, asbestos was also avidly added to construction materials, such as insulation, siding, roofing, cements, shingles, and pipe coverings, to name a few.

Due to its prevalence in the construction industry, millions of homes and buildings across the country are contaminated with asbestos. Many of these structures are older and the asbestos-containing materials are breaking down with age and pose a greater risk of releasing carcinogenic fibers. Those who are concerned about materials in their home that may contain asbestos should hire a certified master inspector to assess the home for potential contamination.

Some areas of the country are known as “asbestos hotspots” due to the prevalence of asbestos in various industries, public structures, and private residences. One of these hotspots is found in the New England area, where the American asbestos industry found its roots. For example, according to the Environmental Working Group Action Fund, Massachusetts holds the nation’s No. 8 spot for mesothelioma-caused deaths. This implies that asbestos exposure in the state could be among the highest in the nation. However, contacting a Massachusetts home inspector could help to reduce and even prevent unnecessary asbestos exposure.

Numerous advances in technology have evolved the home inspection industry into an efficient process utilizing techniques such as infrared technology that help to quickly assess areas of concern within a home. Having a home inspected for asbestos contamination is an expedient and cost-effective way to determine the risk of asbestos exposure within the residence, and this simple process could be the single most important step to preventing hazardous exposure.

Wednesday, October 8th, 2008

Downtown St. Louis developer Matthew E. Burghoff recently pleaded guilty in a federal court on Wednesday, October 1. He pleaded guilty to environmental charges relating to asbestos, as well as charges of bank fraud. Burghoff faces a prison sentence of up to two and a half years.

Burghoff admitted to the fraud saying he had taken out a loan to renovate a commercial building, but instead used the money to buy a home in Mexico and pay personal bills.
He also admitted to improperly removing asbestos from the Ford building in downtown St. Louis.

The Ford building is on the National Register of Historic Places and was planned to be developed into a luxury condo building with a deadline of fall 2008. However, the windows are still boarded up and the building has now been sold, according to one of Burghoff’s lawyers.

Burghoff’s problems began in 2007, when an anonymous letter tipped off the St. Louis Air Pollution Control Division that asbestos was being improperly removed from the building.

When state and federal investigators inspected the site, they found asbestos-containing debris had been left in piles throughout most of the building’s thirteen floors. The inspectors also found approximately 60 bags of asbestos waste. Such carelessness of asbestos materials causes those around the site to be exposed, which can result in serious diseases.

One illness that can be attributed to asbestos exposure is mesothelioma, a rare form of cancer that is typically diagnosed during the advanced stages of development. One of the most common types of the disease is pleural mesothelioma, which is formed within the tissues surrounding the lungs.

After the asbestos discoveries were made, suspicion fell upon the financing Burghoff was using for the project. The investigation subsequently found that Burghoff had taken several loans in a short period of time, including one for development of the property, and another for $237,000 to pay off personal debts. Burghoff also tried to take out another loan using false documentation to inflate his income.

For the asbestos violations and bank fraud, Burghoff faces between 24 and 30 months in prison. However, there has been mention that he may be able to reduce his sentence if he provides information about another ongoing investigation.

Wednesday, October 8th, 2008

Two asbestos-related lawsuits filed in Madison County Circuit Court are demonstrating the tragedy of asbestos exposure in people who once worked for the United States Navy. Many Navy vessels, especially during World War II, contained large amounts of asbestos in various materials.

Those at risk of exposure are generally people who have worked with or around asbestos-containing products. This is the case of California man Arvid Johnson, who was diagnosed with mesothelioma on September 15, 2008.

According to the lawsuit filed by Arvid and May Johnson, Arvid worked in several different locations between 1947 and 2004, including the United States Navy and Ace Hardware.

The Johnsons claim Arvid’s asbestos exposure should have been anticipated and prevented by the defendants, and that the malignant mesothelioma he developed was wrongfully caused.

The four-count lawsuit asks for $100,000 or more in punitive and exemplary damages, and $5,000 in compensatory damages to compensate for mental and physical pain, lost income, and medical expenses.

Another lawsuit involves Colorado widow Frances D. Kerr, whose husband Donald passed away from lung cancer on December 28, 2006. According to the lawsuit filed by Frances Kerr on September 19, her husband’s lung cancer was wrongfully caused.

Between 1956 and 1960, Donald served in the United States Navy on several different ships, and Frances believes he was exposed to asbestos during that time.

The suit claims the defendants should have prevented the asbestos exposure. As a result of developing lung cancer, Donald Kerr suffered great physical and mental pain, loss of income, and incurred substantial medical expenses.

The four-count lawsuit asks for $105,000 or more and includes compensation of at least $50,000.

Tuesday, October 7th, 2008

A construction site in Catonsville, Baltimore County has been shut down due to the concern of asbestos fibers being released during the project. Neighbors who live nearby the site are particularly concerned that they may have been exposed to the toxic substance.

Asbestos is dangerous because any amount of exposure can lead to a range of serious diseases. Such diseases include asbestosis, a debilitating lung condition that reduces lung capacity, and mesothelioma, a rare form of cancer developing within the mesothelial lining of the lungs, heart, and abdomen.

Asbestos was widely used throughout much of the twentieth century due to its insulating and fire-resistant properties. The toxic mineral can still be found in thousands products that were used until the 1980s, including many types of construction materials.

However, in the case of this Catonsville construction site, the issue is not asbestos-containing construction materials. Rather, it is naturally occurring asbestos in the ground that is causing the problem. Asbestos rock was originally crushed during the early stages of site preparation, which sent asbestos dust into the air and to nearby homes and businesses.

Construction on the site has been stopped while contractors, neighbors, and other officials attempt to figure out how much exposure has already occurred and how to prevent further danger. Community members are especially worried because it’s impossible to predict the long term consequences of exposure.

Asbestos-related diseases such as pleural mesothelioma can take between two and five decades to develop after the initial exposure has occurred. As a result, the locals who have been exposed to asbestos from the construction site may not know they have contracted the disease for quite some time.

The site owner, Enterprise Homes, has hired a geotechnical engineer to confirm the presence of asbestos. However, apart from controlling dust emissions on construction sites, there are no real regulations that restrict or control what to do when naturally-occurring asbestos is discovered.

Enterprise Homes has so far promised that air quality will be monitored while the work is in progress, and nearby homes will be tested for asbestos in the future.

Tuesday, October 7th, 2008

The McNeil Island Corrections Facility in Washington has recently received several citations and a fine of $28,400 for two willful and seven serious violations relating to work completed in 2007.

According to state records, inmates at the facility raised concerns when they were forced to remove asbestos-containing tiles without protective equipment and safety precautions. Other reports stated their concerns were ignored by supervisors. The incident occurred in November and December of 2007.

Incredibly, two supervisors involved in the project even had state certifications in asbestos removal, yet disregarded to use proper asbestos removal methods. According to the report on the incident, “All asbestos certification classes, for workers and supervisors, emphasize the use of water as a universal control of asbestos fibers. A certified asbestos supervisor should know the proper method of removing class 2 asbestos materials.”

However, no such methods were used, as one of the supervisors told the prison that water was not needed to reduce the amount of asbestos dust. Exposure to asbestos can lead to serious diseases, including lung cancer, asbestosis, and mesothelioma. When asbestos fibers are inhaled, they most commonly attach themselves to the mesothelial lining of the lungs to form pleural mesothelioma. In addition to the lungs, the lining of the heart and abdomen can also contract this harmful disease. 

The case files of the State Department of Labor and Industries say at least 18 people may have been exposed to airborne asbestos fibers.

Prison officials said they believed the work was carried out correctly and safely, and that they did not think the Puget Sound Clean Air Act asbestos regulations applied to the work that was being completed.

The State Director of Prisons has ordered a review of the incident, and the Department of Corrections has appealed the ruling from the Department of Labor and Industries. However, they have only asked for the severity of some violations to be reduced, and that the prison be allowed to use some of the fine money to train maintenance workers and supervisors in working safely with and around asbestos.

The violations include not using wetting agents to reduce dust, not using a HEPA-filter vacuum or respirator, allowing offenders without certification in asbestos removal to perform the work, and failure to provide those working nearby with written warning of the presence of asbestos.

Monday, October 6th, 2008

A series of lawsuits recently filed in Madison County Circuit Court in Illinois once again demonstrate the far-reaching tragedy caused by asbestos exposure.

Asbestos is dangerous because any amount of exposure can cause serious diseases, including a chronic, debilitating lung condition called asbestosis. This disease reduces lung capacity and makes breathing extremely painful. Exposure to the toxic substance can also cause the development of lung cancer and mesothelioma.

Mesothelioma is a harmful cancer that most commonly affects the lining of the lungs, known as pleural mesothelioma. Other organs in the body that have the potential to contract mesothelioma include the heart and abdomen.

People who have worked with or around asbestos-containing products are especially at risk for the disease, such as in the case of Illinois man Ray Kean who was diagnosed with mesothelioma on July 23, 2007.

According to the lawsuit filed on September 19, 2008, Kean worked as a laborer between 1956 and 1970, and as a carpenter and millwright between 1970 and 1996. During the course of his employment, Kean claims he was exposed to asbestos fibers in products he was working around on a regular basis.

His lawsuit names a total of 115 defendants, including asbestos product manufacturers and other companies. The eleven-count lawsuit asks for $100,000 or more in punitive and exemplary damages, $300,000 in compensatory damages, and punitive damages as deemed appropriate by the court.

In addition to employees, family members of those working with asbestos may also be at risk. This is the case with Iowa resident Candas Frost, whose husband Greg worked with asbestos during his employment as a Navy mechanic and automobile mechanic between 1971 and 1978.

According to the lawsuit filed by Candas and Greg Frost, Candas was exposed because her husband unknowingly transported asbestos fibers home on his hair and clothing. As a result, Candas developed malignant mesothelioma, and has suffered considerable mental and physical pain. She has also suffered from medical expenses and loss of income.

The seven-count lawsuit is seeking at least $100,000 in exemplary damages and $150,000 in compensatory damages. The couple is also asking for punitive damages and any other relief deemed appropriate by the court.

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