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Archive for October, 2008

Mesothelioma and Asbestosis-Related Lawsuits Filed in Illinois

Friday, October 31st, 2008

Another asbestos-related lawsuit recently filed at Madison County Circuit Court in Illinois tells the story of a man who passed away from mesothelioma after a career as a laborer. A second lawsuit covers a man who was exposed to asbestos during the course of his employment as a railroad worker.

Gilbert Gillis was diagnosed with pleural mesothelioma on February 19, 2003, and passed away just a few years later on October 24, 2007. According to the lawsuit filed on October 22, 2008, by his son James Gillis, Gilbert’s cancer was caused by exposure to asbestos.

The lawsuit alleges that Gilbert Gillis was exposed to asbestos during his work as a laborer and furnace operator. The suit claims the asbestos exposure should have been anticipated and prevented by the defendants.

James claims the exposure to asbestos eventually caused Gilbert to develop mesothelioma cancer and experience considerable physical and mental pain. Gilbert Gillis also incurred heavy mesothelioma treatment costs and was unable to work due to the cancer.

The lawsuit is claiming compensation of at least $350,000, including damages of $200,000 or more. James is also seeking punitive damages to serve as punishment to the defendants involved in the case.

Another recently filed lawsuit involves the past railroad worker, Raymond Hamilton, who developed lung cancer and asbestosis after working for Illinois Central Railroad.

The suit, filed on October 23, 2008 by Raymond Hamilton’s son Donald, claims that during the course of his work, Raymond was exposed to a number of toxins, including asbestos, silica, diesel, solvent, and gasoline fumes.

Raymond Hamilton passed away from his occupational injuries on November 9, 2005 after suffering great physical and mental pain. He also suffered from heavy financial losses due to medical expenses.

Donald Hamilton’s lawsuit claims Illinois Central Railroad acted negligently because the company failed to provide a safe place to work, failed to supply the necessary protective equipment, and failed to warn Raymond Hamilton of the risks associated with the work he was doing. The lawsuit also claims that the company failed to provide asbestos warnings and failed to monitor asbestos levels in the workplace.

Chrysotile Asbestos Remains off the United Nations Watch List

Friday, October 31st, 2008

International discussions at the Rotterdam Convention in Rome are currently being held this week. The topics are concerned with controlling the international trade in substances like asbestos that are harmful to human health and the environment.

This year, the issues at hand are very important to asbestos victims who have contracted diseases such as mesothelioma and asbestosis. In fact, chrysotile asbestos has received a lot of scrutiny over the last several months due to the increase of people being diagnosed with malignant mesothelioma cancer.

Attendees at the meetings were to begin discussing the addition of chrysotile asbestos to the “most dangerous substances” list, but it seems the proposal has been shelved only a couple of days into the talks. Four countries, including India, Pakistan, Vietnam, and the Philippines have spoken out and say they are opposed to the inclusion of chrysotile asbestos on the list.

Canada has come under fire over the past couple of weeks for issues relating to its asbestos exports and policies, as the country is a massive exporter of chrysotile.

Canadian legislator Pat Martin, who attended the meetings as an observer, said “Canada got others to do their dirty work for them,” which was in reference to their biggest customers of chrysotile exports. These customers include the same four countries that have argued against the substance being added to the watch list.

Many other countries, including Zimbabwe, Kyrgyzstan, and Kazakhstan were also opposed to the inclusion. However, the overwhelming majority of countries do support the addition of chrysotile to the watch list.

Despite the fact that the majority of countries clearly support the inclusion, a consensus could not be achieved. According to regulations, a consensus must be met to include a new chemical on the watch list.

During the meetings, the Swiss put forth a proposal to change the ratification process to require only a 75% majority, but Canada was among those countries that vetoed the proposal.

Canada clearly has a vested interest in ensuring chrysotile asbestos remain off the watch list. The International Agency for Research on Cancer classifies chrysotile as a carcinogen, but Canada continues to support and defend its export of the dangerous substance, saying it’s up to importers to ensure it is handled safely.

Causing Mesothelioma and Other Diseases may be Denied by W.R. Grace & Company

Friday, October 31st, 2008

The news that Judge Donald Molloy has set the W.R. Grace & Company trial date for February, 19 has many people wondering what the company will bring to the table on court day.

It seems impossible to think that Grace would try to deny what has happened to residents of Libby, Montana where the company owned and operated an asbestos-contaminated vermiculite mine.

The company operated the mine between 1919 and 1990, and it has since been alleged that the company, and many of its top executives, were aware that the asbestos-contaminated mine was toxic as early as 1959.

However, many believe Grace will stand up and court and deny any responsibility for those residents who have contracted asbestos-related diseases. Such diseases include lung cancer, asbestosis, and mesothelioma.

Malignant mesothelioma is especially harmful due to the latency period associated with the disease. In most cases, the disease is diagnosed during the latest stages of development, which often leaves patients with palliative mesothelioma treatment rather than curative.

In addition to the likelihood of denying responsibility, Grace will also deny the knowledge of the dangers the vermiculite mine posed on Libby residents.

The October 24 hearing, at which the trial date was set, made it clear that lawyers working for Grace will challenge issues that have already been decided by the appellate court.

It is expected that Grace’s lawyers will attempt to prove the asbestos-contaminated vermiculite mine was not the cause of the asbestos-related deaths and illnesses that have occurred in the town.

Grace is also expected to challenge evidence from risk assessments carried out in Libby and on Libby asbestos. In addition, they may challenge earlier evidence from testing carried out by the company’s own scientists, which showed that the asbestos in the area was dangerous.

Environmental lawyers have said they expect the company will produce industry-paid scientists to give testimony stating that Libby asbestos is not harmful.

However, the federal government can point to hundreds of deaths of Libby residents, and thousands of incidents of asbestos-related disease developing in people who lived there. Many believe it will be difficult for Grace to provide any evidence that may prove their innocence.

W.R. Grace & Company Criminal Trial Date has been Set

Thursday, October 30th, 2008

After nearly three years of stalling and delays, a date has finally been set for the criminal trial against W.R. Grace & Company. The date of the trial has been set for February, 2009.

The courtroom was packed on October 24 as Judge Donald Molloy set the trial date. He stated the jury selection would begin on February 19.

The trial, which is against Grace and six former and present top executives, involves the past, present, and future fate of the town of Libby, Montana. This is the location where the company once owned and operated a vermiculite mine.

Grace mined vermiculite in Libby between 1919 and 1990. It has since been proven that the company had known since 1959 that the dust emitted by the mine was full of toxic asbestos.

Several thousand residents of Libby and the surrounding area have potentially been exposed to asbestos as a result of the vermiculite mining in the area. Hundreds of people have passed away from asbestos-related diseases such as asbestosis and mesothelioma.

Even residents of Libby who never worked at the mine have developed diseases like pericardial mesothelioma because they lived in the town and suffered from environmental exposure.

The federal government has fought to bring the case to trial for the past three years, yet Grace has launched appeal after appeal to delay the start of the case.

Judge Donald Molloy has finally said enough is enough, and now the company will be forced to stand trial and face mesothelioma lawyers for its alleged criminal actions.

The trial, which may run for as long as four months, is expected to focus on how much information company executives were privy to. The criminal charges against the executives allege they knew of the presence and toxicity of asbestos in the mine, but chose to conceal or ignore the information.

Maximum sentences for the executives, if they are found guilty, could range from 55 to 70 years, while the company itself may be fined up to $280 million.

World Health Organization Releases Global Asbestos Statistics

Thursday, October 30th, 2008

The World Health Organization has released some frightening statistics relating to deaths from asbestos-related diseases. Unfortunately, these statistics demonstrate how the over-use of asbestos in the twentieth century will continue to haunt mankind well into the twenty-first century.

According to the World Health Organization, at least 90,000 people around the world pass away every single year from asbestos-related diseases such as asbestosis and mesothelioma.

That’s a tragically high number of deaths that should be prevented. It has been known for many decades that asbestos poses a severe risk to human health. Exposure to the fibrous mineral occurs when the toxic fibers of asbestos are released into the air and are inhaled into the body. In most cases, these fibers become lodged in the mesothelial lining of the lungs, which can cause pleural mesothelioma

Disturbingly, many companies that once manufactured asbestos-containing materials continued to do so with the knowledge that the substance was dangerous. Even worse, asbestos is still in use in many developing countries.

The World Health Organization estimates that 125 million people around the world are exposed to asbestos at work each year, and one person in every million is diagnosed with malignant mesothelioma.

The situation is even more dire in developing countries where asbestos is still in active use. In the African district of Kgalagadi, Mayor Bothajana Mereeotlhe says people in the area “eat and sleep” in asbestos.

According to the Asbestos Coordinating Committee of Kgalagadi, there are more than 100 miles of roads and residential properties that are polluted with asbestos. The committee has recommended that the area be declared a national disaster area, and is working hard to ensure that this severe environmental hazard is addressed as soon as possible. The main problem, however, is simply a lack of funding.

Many Western countries, America included, have experienced many of the same problems in regards to asbestos pollution. The difference is that in these developing nations, the money to clean up the asbestos simply isn’t available.

Fraud Accusations for Owner of New York Asbestos-Testing Company

Thursday, October 30th, 2008

Dominic Perruccio, the owner of a Peekskill, New York asbestos-testing company, has been charged with a felony after it was found he had continued to operate his business despite having his state certification suspended.

The Peekskill-based business had its state certification suspended in March, 2007 due to several infractions. The company was no longer licensed to provide any kind of asbestos testing, whether in homes, public buildings, or commercial workplaces, and yet the company continued to operate and provide its testing services.

The state and district departments of health, the state Department of Environmental Conservation, and the Peekskill police have all been involved in the investigation on Perruccio and the Earth Research Laboratories.

When the company’s premise was inspected under a search warrant, several unanalyzed air sample canisters were found. These canisters are commonly used to determine air quality during asbestos abatement work.

Perruccio was arraigned on Friday, October 24, and now faces one count of scheming to defraud. According to the Westchester County District Attorney’s Office, he faces up to four years in prison if he’s found guilty.

Asbestos poses severe risk to human health, as it is known to cause a range of serious diseases. Such diseases include lung cancer, asbestosis, and mesothelioma

Malignant mesothelioma is especially harmful since most cases of the disease are diagnosed during the latest stages of development. The primary reason for this is the severe latency period that is associated with the disease, which can take decades to develop. As a result, the overall effects of many mesothelioma treatment options are often limited.

Due to the dangers associated with inhalation of asbestos, any materials containing the substance should only be handled by a licensed contractor who has the knowledge and skills needed to safely handle the material.

When asbestos abatement projects are in progress, it is often required that asbestos testing is carried out to ensure safety. In addition, it is vital to prevent the release of any airborne asbestos fibers throughout the project. When a project is completed, more air quality testing is performed to check for any remaining fibers in the air.

Mesothelioma Lawsuit Filed by a Texas Couple

Wednesday, October 29th, 2008

A Texas couple has filed an asbestos-related lawsuit alleging that the husband’s mesothelioma, which he developed after asbestos exposure several decades ago, was wrongfully caused.

Asbestos is dangerous because the toxic, microscopic fibers that make up asbestos can easily break off materials and become airborne. If these fibers are inhaled, they often lodge themselves within the lining of the lungs. In addition to mesothelioma, other asbestos-related diseases that can result from exposure include lung cancer and asbestosis.

Rodney and Beatrice LeJeune filed their lawsuit on October 20 in Jefferson County Court, Texas, naming a total of 65 defendant corporations.

The suit indicates that Rodney LeJeune worked as a laborer, truck driver, and in other occupations over the last several decades.

Rodney is claiming he was exposed to inhalable asbestos fibers at some point during his employment. He believes the exposure came from asbestos-containing products he was working with and around at his workplace.

The lawsuit states the defendant companies were negligent in their failure to warn LeJeune that working around asbestos without protection was dangerous. In addition, the suit alleges that the companies were negligent in failing to provide protection from asbestos exposure.

The Lejeunes say that as a result of having developed malignant mesothelioma, Rodney has experienced intense and debilitating physical pain, as well as considerable mental anguish. He’s been unable to work and has suffered from loss of income and earning capacity.

The LeJeunes have also incurred medical expenses as a result of Rodney’s mesothelioma treatment. Beatrice LeJeune claims she has lost the companionship of her husband due to the illness.

The couple is seeking actual and exemplary damages, as well as other relief deemed appropriate by the court in compensation for the suffering they have both experienced as a result of Rodney’s mesothelioma.

Improper Asbestos Removal Halts Work on Apartments

Wednesday, October 29th, 2008

A California-based company, which recently purchased apartments in Eugene, Oregon for renovation, has had their work halted after reports that asbestos was improperly and illegally removed from the apartments.

Asbestos is dangerous because any amount of exposure can cause a range of serious diseases, including asbestosis, lung cancer, and mesothelioma

Most cases of malignant mesothelioma are diagnosed during the advanced stages of development. This is typically a direct result of the latency period associated with the disease, which often prevents patients from feeling mesothelioma symptoms for several decades.

Due to the dangers concerning asbestos exposure, any materials containing the substance should be handled by a licensed contractor who has the knowledge and skills needed to safely handle the material. Proper asbestos-removal techniques include a process called wet-removal, in which asbestos materials are thoroughly drenched with water to prevent fibers from releasing into the air.

Eugene building inspectors, as well as the Lane Regional Air Protection Agency, have issued violation notices in connection with work that was carried out during summer and fall of this year.

The work was halted by air pollution inspectors after it was discovered that asbestos had been removed from the apartments without a permit and without the use of any of the necessary safety precautions.

APA inspectors are now trying to determine just how extensive the unsafe asbestos removal activities have been in the ten apartments. The owners of the building have said that no other asbestos materials were removed. In fact, they are even challenging some of the fines that have been issued.

The APA said the owners have either addressed all the noted issues with the buildings or are in the process of addressing them. According to the APA, none of the buildings’ residents are in any danger of asbestos exposure, and the agency is satisfied that the building owners have been willing and able to address the problems quickly.

However, the agency also says that investigations on some of the asbestos incidents have not yet been completed, and there may be further violations uncovered with further fines incurred.

W.R. Grace & Company Fortunes not Hampered by Asbestos Problems

Tuesday, October 28th, 2008

Recent third quarter financial results from W.R. Grace & Company prove that the company responsible for asbestos contamination in Libby, Montana hasn’t suffered permanently from its asbestos dealings.

Libby is famous for being a small town that operated a vermiculite mine contaminated with tremolite asbestos. Local residents and employees of Grace have been exposed to dangerously high levels of asbestos for quite some time, and many have been afflicted with asbestos-related diseases such as asbestosis and mesothelioma.

Vermiculate was mined in Libby between 1919 and 1990, and Grace had known since 1959 that the dust emitted by the mine was toxic. The asbestos-contaminated vermiculite is thought to be present in around 35 million U.S. homes.

The Environmental Protection Agency has been dedicated towards cleaning up the town and has spent approximately $120 million on these efforts.

However, this has not been able to stop the harmful diseases from occurring. Asbestos-related diseases tend to have long latency periods, meaning Libby residents who were exposed two, three, and even four or more decades ago and appear healthy might still develop an asbestos-related disease such as pleural mesothelioma.

W.R. Grace & Company was forced into bankruptcy in 2001 due to the enormous amount of asbestos-related personal injury claims. In addition, the company has had to pay several hundred million dollars for the ongoing cleanup in Libby. They have also created a trust from which compensation claimants will be paid over the next several decades.

The company, as well as several of its top executives, has faced criminal charges for their part in covering up the fact that the vermiculite mine was contaminated with asbestos.

Since closing down its vermiculite mine and entering the protection afforded by Chapter 11 bankruptcy, W.R. Grace & Company has switched focus and become an industrial chemical-producing giant.

The company recently announced a profit of $889.4 million for the third financial quarter of 2008, which is a 13.4% increase over the previous quarter’s figure of $783.1 million. It seems bitter indeed that the company’s fortunes are on the way up even as people in Libby continue to pass away as a result of its past actions.

North Carolina Attorney Allegedly Fired after Making Asbestos Complaint

Tuesday, October 28th, 2008

Former North Carolina official Gilbert Jackson says he has devoted his professional life to making workplaces across the state healthy and safe. Now, however, he claims he has been “pushed out” of his job because he reported an asbestos threat in the office building where he used to work.

Exposure to asbestos has been known to cause several forms of disease, including mesothelioma, lung cancer, and asbestosis. Mesothelioma is especially harmful due to the latency period associated with the disease. In fact, most cases are diagnosed during the latest stages of development because mesothelioma symptoms do not appear for several decades.

Jackson’s complaint to the North Carolina labor department alleges he was forced to retire after reporting an asbestos violation in the workplace. He worked in the Raleigh Building at the time of his employment, which was owned by the North Carolina Medical Society.

His former boss Oscar Keller has responded saying Jackson left of his own free will and was not forced to retire.

The complaint filed by Jackson states that after he and his colleagues moved into the Raleigh office building, he noticed a worker taking air samples in the office. Upon asking the purpose for the tests, he was told they were checking for asbestos because an abatement project was being completed in the area.

Jackson later laid a complaint to the North Carolina Occupational Safety and Health Administration, stating employees in the building had not been notified about the asbestos or the abatement. He notified his boss about the complaint at the same time.

Several weeks later, according to Jackson, Oscar Keller called him saying, “He had gotten a call from the governor’s office telling him that I had to back off from the asbestos problems at the Medical Society. When I objected he said that if I didn’t back off, I would ‘have to go.”

Jackson was forced to attend a meeting with Keller and the CEO of the medical society on the following day, at which he was told to apologize for laying the complaint. He was also told not to make any further complaints about OSHA violations.

Next, Jackson’s hours were changed and his responsibilities were reduced. Jackson says his early retirement was forced in April, but Oscar Keller entirely denies the forced retirement, saying that Jackson was the one who resigned.

Documents show the Medical Society has never disclosed whether asbestos was present in the building. The state OSHA has cited the society for asbestos violations, but has not imposed any penalties.

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