A man diagnosed with mesothelioma fears he will not recover damages from a lawsuit his family filed due to a provision added to the Wisconsin state budget.

Caden Johnson, 67, learned of his mesothelioma diagnosis years after working in a boiler room of a hospital. Mesothelioma is a rare, aggressive cancer caused almost exclusively by asbestos exposure. Johnson’s lawsuit alleges he was exposed to asbestos particles while working at the hospital. The Johnson family is seeking damages from the companies who may have manufactured asbestos used in the boiler room.

Johnson’s wife, Debra, believes a new provision in the Wisconsin budget would limit the amount of lawsuits victims of asbestos exposure can file. She, and other supporters of asbestos lawsuits, claim the provision is worded in a way that allows companies that previously utilized asbestos, such as Crown Cork and Seal Co., to no longer be held liable to pay damages to victims of asbestos exposure.

Those who support the provision say it is written narrowly to aid Crown Cork and Seal Co. Crown has passed similar provisions in ten states which now defend the company from paying victims. Crown lobbyist Forbes McIntosh said no other company has used the provisions to defend itself against asbestos lawsuits.

The proposal would limit a plaintiff’s legal right to sue companies that merged with firms that made asbestos before 1972. The provision in the budget has not undergone public hearing, but lobbyists of the bill claim it will not affect asbestos lawsuits.

“I really do think this proposal balances justice for people who were wronged with common sense liability law,” said Rep. Kristen Dexter, D-Eau Claire. Dexter is concerned workers in her district could be affected by asbestos lawsuits against Crown.

In 1963 Crown merged with asbestos manufacturer Mundet Cork Co. and has since paid approximately $500 million to victims of asbestos.

The proposal included in the Wisconsin budget would protect companies by limiting their legal responsibility in asbestos cases. The company’s legal liability in asbestos cases would be limited to the present day value of the company that actually made the asbestos. In the case of Crown, this would be approximately $60 million. This means that in Wisconsin the company would no longer be liable for any asbestos-related damages.

Additional information about mesothelioma and asbestos may be found through the Mesothelioma Center.

A mesothelioma patient was awarded $8 million in non-economic damages and more than $400,000 in economic damages following an asbestos lawsuit filed against a manufacturer and distributor of asbestos-containing joint compound.

Jack Reynolds was diagnosed with pleural mesothelioma in 2008 after serving in the United States Navy for 10 years before working for a fellow Navy serviceman’s business installing and finishing drywall in residential construction.

Mesothelioma is a rare, aggressive cancer caused almost exclusively by asbestos exposure. Reynolds used asbestos-containing joint compound, a product manufactured and supplied by Hamilton Materials, Inc. The company was the supplier of Red Dot brand asbestos-containing joint compound from 1963 through 1977.

The joint compound was used to fill joints between sheets of drywall that were then sanded after application, causing asbestos dust to fill the air where fibers could be inhaled or ingested. Once asbestos fibers enter the body they can become lodged in organs, causing inflammation or infection and, overtime, the development of an asbestos-related disease such as mesothelioma.

A San Francisco jury assigned 20 percent liability for Reynolds’ mesothelioma diagnosis to Hamilton Materials, Inc.

“We are very happy for Mr. Reynolds and his family as they are deserving, good people,” said Reynolds’ attorney.

Reynolds served in the Navy, primarily aboard two naval vessels, a destroyer (USS Mason) and an aircraft cruiser (USS Ranger), from 1954 to 1964. Aboard the vessels Reynolds’ worked as a painter and also served in the laundry service department. Following an honorable discharge, Reynolds worked as a drywaller until 1973, marking the last time he was exposed to asbestos in an occupational setting.

After his mesothelioma diagnosis, Reynolds underwent treatment including chemotherapy, pleural effusion drainings and talc pleurodesis, a procedure intended to prevent further fluid accumulation in the chest.

Additional information about mesothelioma and mesothelioma treatment options may be found through the Mesothelioma Center.

The family of a woman who passed away from mesothelioma received $2 million after a jury deliberated for three days following a three-week trial.

Juanita Rodarmel of Bloomington, Illinois passed away after developing mesothelioma, a rare cancer caused almost exclusively by asbestos exposure. The case stated Rodarmel was exposed to the toxic mineral when she washed the clothing of her first husband, Leslie Corry, a former employee of Union Asbestos & Rubber Company.

Secondhand exposure to asbestos frequently occurred when workers who handled asbestos-containing materials unknowingly brought asbestos fibers into the home in their hair or on their clothing and skin. If the fibers were inhaled or ingested by the family members of the workers, they could become lodged in the body, causing inflammation and infection. Overtime, this can result in the development of an asbestos-related disease such as mesothelioma.

Rodarmel’s first husband was employed as an asbestos worker in the Bloomington plant of UNARCO Industries, Inc. in the 1950s. The lawsuit was filed against eight companies, including Union Asbestos & Rubber Company, UNARCO Industries, Inc., Pneumo Abex, LLC, Honeywell International, Inc., Johns-Manville, Raybestos-Manhatten, Owens-Illinois, Owens Corning and Metropolitan Life Insurance Company.

The case stated the companies conspired, along with manufacturers, to hide information about the hazards of asbestos exposure from employees. Along with the $2 million awarded to Rodarmel’s family, $100,000 in punitive damages against Pneumo Abex and $400,000 in punitive damages against Honeywell International were also awarded.

A mesothelioma diagnosis often occurs 20 to 50 years after initial exposure to asbestos. Like Rodarmel, mesothelioma patients typically take several decades to express symptoms of the cancer, allowing the illness to progress to later developmental stages before any treatment is typically administered.

Additional information about mesothelioma may be found through the Mesothelioma Cancer Center.

The family of a Kansas City, Missouri man who passed away from mesothelioma received a $4.5 million settlement June 3, 2009.

The lawsuit was filed against several companies by Robert Wagner who alleged that the asbestos exposure he experienced on the job working with asbestos-containing products and materials resulted in his mesothelioma diagnosis, which eventually led to his death.

Mesothelioma is a rare, aggressive cancer almost exclusively caused by asbestos exposure. The disease develops when tiny asbestos fibers are inhaled or ingested into the body where they become lodged in organs or body cavities, causing inflammation or infection.

Wagner worked installing tiles, wood and other asbestos-containing materials in buildings in downtown Kansas City, including the Crown Center and Kansas City International Airport. He passed away more than 30 years after working with the contaminated products.

A mesothelioma diagnosis often occurs decades after initial exposure to asbestos because of the long latency period associated with the cancer. It typically takes a patient 20 to 50 years to demonstrate symptoms of mesothelioma, which often include shortness of breath, persistent dry cough or chest pains.

Three notable companies mentioned in the lawsuit include Bondex International Inc., Allied Manufacturing and Conwed Corporation.

A Clay County jury awarded the family $4.5 million following three weeks of testimony. Two jurors noted that the companies knew of asbestos in their products but did not know how much exposure was considered deadly.

While asbestos-related diseases commonly develop in those repeatedly exposed to the toxic mineral, an illness can result from very small amounts of exposure as well.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

A mesothelioma patient and former United States Navy machinist won $12.1 million in damages after filing a lawsuit against a manufacturer and supplier of an asbestos-contaminated product.

Charles H. Cundiff, 66, was awarded $10 million May 6, 2009 by a Los Angeles County jury for pain and suffering and $506,000 in economic damages for lost wages. Cundiff’s wife received $1.5 million for loss of consortium.

Following five days of deliberation, the jury ruled that manufacturer John Crane, Inc. and supplier Lone Star Industries failed to warn Cundiff of the health risks associated with asbestos-contaminated insulating cement known as Insulag. The cement was delivered to Puget Sound Naval Shipyard where Cundiff worked for nine months on the USS Kitty Hawk during a four-year tour of duty from 1962 through 1966.

During a nine-month overhaul on the vessel at the shipyard, Cunditt cleaned, repaired and replaced valves, gaskets, pumps and packings and used Insulag cement in two engine rooms. While working aboard the USS Kitty Hawk, Cunditt was exposed to large amounts of asbestos dust and wore no protective equipment to prevent inhalation or ingestion of toxic asbestos fibers.

Cundiff, a retired truck driver, was diagnosed with malignant mesothelioma as a result of his exposure to asbestos. Mesothelioma is a rare, aggressive cancer that affects the lining of many body organs and cavities, known as the mesothelium. The cancer develops after asbestos fibers are inhaled or ingested into the body where they can become lodged in organs, causing inflammation or infection. Symptoms of the disease typically lay dormant for decades after initial asbestos exposure occurred, allowing the cancer to progress to later stages of development.

A partner of the law firm representing Cundiff noted, “Charles Cundiff’s integrity won the day. His courage and tenacity give hope to other Navy families facing the deadly course of mesothelioma due to asbestos exposure.”

Additional information about mesothelioma and asbestos litigation may be found through the Mesothelioma Cancer Center.

A jury near Libby, Montana has recently acquitted W.R. Grace & Company and three of its former executives of knowingly exposing mine workers and Libby residents to asbestos.

Fred Festa, who is chairman, president and CEO of W.R. Grace, said, “We at Grace are gratified by today’s verdict and thank the men and women of the jury who were open to hearing the facts. We always believed that Grace and its former executives had acted properly and that a jury would come to the same conclusion when confronted with the evidence.”

Festa also stated that while Grace owned and operated the Libby mine, “the company worked hard to keep the operation in compliance with the laws and standards of the day.”

A written statement and response by the office of public affairs and the Department of Justice said, “The jury has spoken and we thank them for their service. We are refraining from further comment at this juncture because one individual awaits trial in connection with this case.”

When asked if the Department of Justice plans to appeal the decision, department spokesman Andrew Ames said, “I wouldn’t want to comment on that.”

Federal prosecutors initially accused W.R. Grace and its executives of exposing Libby’s 100,000 residents to asbestos while operating a vermiculite mine, resulting in more than 200 deaths and nearly 2,000 illnesses.

The vermiculite mine was contaminated with tremolite asbestos, which has been linked to a number of asbestos-related illnesses, including malignant mesothelioma. This particular type of cancer can affect the lining of the lungs, heart or abdomen. Other complications which can result from asbestos exposure are lung cancer and asbestosis.

The government’s indictment alleged that W.R. Grace conspired to “knowingly release” asbestos and tried to hide the dangers of inhaling asbestos fibers from employees and nearby residents.

The indictment also said W.R. Grace tried to “defraud the United States and others by impairing, impeding, and frustrating” the Environmental Protection Agency’s investigation of the site in 1999. In all, the 10-count indictment included charges of wire fraud and obstruction of justice.

Many residents of Libby were in disbelief after hearing the jury’s verdict. Steven Schnetter, who worked at the mine for 17 years and now has asbestosis, said, “I don’t see how they (Grace) could have gotten out of it.”

Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Cancer Center.

An Australian civil court ruled last week that building materials manufacturer James Hardie Industries NV misled asbestos victims into believing the company had set aside sufficient funds for future mesothelioma and other asbestos-related claims.

The civil case was filed by the Australian Securities and Investments Commission (ASIC), who is seeking maximum fines of $141,670 U.S. dollars against 10 former James Hardie executives. In addition, the ASIC is seeking to prevent and disqualify the executives from managing any other company in the future.

Justice Ian Gzell of the New South Wales state Supreme Court said the 10 James Hardie officials breached their obligations as executives when they previously announced in February 2001 that established funds would provide compensation for future claimants affected by their products. Gzell also criticized the executives for failing to correct the misleading information.

The funds were later found to be short by a large sum of money and many believe the executives purposely provided false information to avoid paying asbestos sufferers.

James Hardie has been awarding compensation to asbestos victims since the early 1980s largely because of the severe latency period of asbestos-related diseases such as pleural mesothelioma.  In most cases, those who have been exposed to asbestos do not become diagnosed with a related disease until at least 10 years after the initial exposure occurred. James Hardie stopped manufacturing asbestos-containing products in 1987.

After their initial compensation fund fell short, James Hardie agreed in 2006 to make annual payment contributions towards the fund over the next 40 years to ensure its stability. However, the company announced last week that they could not afford to contribute to the fund this year because of the significant decrease in the U.S. housing market, which makes up 75 percent of the company’s sales.

According to the company, future funding “continues to be linked to the long term financial success of James Hardie. It is anticipated that the annual payment due on July 1, 2009 will be zero.”

The Asbestos Victims Association of South Australia welcomed the court’s decision that James Hardie breached the Corporation Act when the company failed to inform, or made false statements to, the stock exchange.

President of the association, Terry Miller, said “There’s been anger all the way through, because everybody, everybody who’s been affected by an asbestos-related disease, everybody believes that Hardie and their executives knew for many, many years but continued to carry on and go for the corporate dollar rather than worry about the person’s health.” Miller believes there is still a lot more to fight for.

Additional information about mesothelioma may be found through the Mesothelioma Cancer Center.

The prosecutors representing the government in the W.R. Grace & Company trial have recently called on their final witness to testify against the company.

Dr. Richard Lemen, a former assistant surgeon general, stated to jurors that asbestos-contaminated vermiculite mined by Grace posed “an imminent risk” to those living near the mine and within the town of Libby, Montana.

“Because the materials were so widely spread out being put on things such as the high school track, being used in gardens, being used as covering roads, being used for playgrounds, being used for multiple purposes throughout the community there was a very widespread distribution of this material throughout the community,” said Lemen. “The more pathways they’re exposed to, the greater the accumulations of this material in their bodies.”

One of Grace’s attorneys criticized Lemen for receiving $350 an hour to testify as an asbestos expert and believed Lemen was alone in his way of thinking.

Federal prosecutors are stating that five retired executives of W.R. Grace knowingly exposed Libby residents to hazardous asbestos and chose to hide the risks from workers and government regulators.

The executives are being charged with violating the federal Clean Air Act and obstructing an Environmental Agency’s investigation into asbestos contamination. In addition to fines that could amount to millions of dollars, the five executives could face as many as 15 years in prison if convicted.

Tests have proven that exposure to Grace’s asbestos-tainted vermiculite has caused residents of Libby to contract asbestos-related diseases such as pleural mesothelioma, an aggressive cancer developing in the lining of the lungs. Other illnesses that have been recorded in the area include lung cancer and asbestosis.

Now that the prosecution has presented their last witness, U.S. District Judge Donald Molloy told jurors their next full day will not be until April 28, which is when the defense intends to call upon their first witness.

To date, asbestos exposure from Grace’s vermiculite mine has affected nearly 2,000 Libby residents and has been responsible for more than 200 deaths.  Since Environmental Protection Agency investigations began almost a decade ago, the agency has inspected thousands of homes and businesses, taken 12,000 soil samples, and continues work to clean up the town.

Additional information about asbestos and mesothelioma may be found through the Mesothelioma Cancer Center.

A lawsuit was filed by the Arizona Department of Environmental Quality (ADEQ) following several alleged violations at Iron King landfill in Dewey-Humboldt, Arizona.

The alleged violations date back to 2005 and range from accepting non-permitted waste to asbestos concerns following building demolition near the landfill in 2007 and 2008. ADEQ notes that proper permits and safeguards were not obtained or followed to properly contain asbestos fibers.

Exposure to asbestos has been linked to a myriad of health conditions such as lung cancer and mesothelioma. Patients with mesothelioma, a rare, aggressive cancer, often do not demonstrate symptoms of the disease until 20 to 50 years after initial asbestos exposure occurred. This can allow the cancer to spread, entering later stages of development. For this reason, a mesothelioma prognosis is often poor.

Though the extent of asbestos exposure is unknown by ADEQ, several inspections noted that the debris from the demolished building containing asbestos was not wet or covered in effort to prevent the toxic fibers from becoming airborne where they can become inhaled or ingested.

“That’s one of the reasons we brought the lawsuit,” said ADEQ Acting Director Patrick Cunningham. “For years ADEQ has tried to work with the company to bring it into compliance with the standards that protect human health and the environment in Arizona.”

The lawsuit is filed against a company owned by Clayton and Warren Kuhles, though the brothers say the violations are the fault of Kserv LLC, the company that operated the landfill. Clayton stated he and his brother were the landlords and were only 20 percent owners in Kserv LLC.

Clayton said he was initially unaware of the federal and state laws prohibiting building demolition prior to surveying for asbestos. Though demolition ceased when ADEQ filed an order, Clayton said “sometimes it’s hard to keep things wetted 24/7.”

ADEQ is requesting that the Kuhles face fines of $25,000 per day since June 2007 and $10,000 per day since February 2008.

In addition to asbestos concerns, ADEQ alleges that the Kuhles accepted non-permitted waste at the landfill. The site’s permit only allowed construction debris, and items such as the tires and household waste accepted should not have been permitted.

ADEQ also alleges that the Kuhles closed the landfill without a required closure plan, did not monitor methane and groundwater regularly and failed to maintain a bond to cover expenses associated with long-term monitoring.

“The violations alleged in this complaint represent an unnecessary and highly dangerous disregard for the health of the Dewey-Humboldt community,” said Arizona Attorney General Terry Goddard.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

As reported on the Missoulian newspaper’s Web site, former W.R. Grace executive Robert Locke testified last week stating he helped the company delay a federal health study on the asbestos-contaminated vermiculite mine in Libby.

The trial involves five past company officials who are being charged with endangering the community of Libby by violating the federal Clean Air Act and obstructing an Environmental Protection Agency investigation into asbestos contamination.

Locke first elected to testify after deciding to turn down immunity offers from the government. He is currently named as an unindicted co-conspirator in the environmental crimes case against Grace and could still face federal charges.
Locke, who was vice president of Grace’s construction products division, said the study would have revealed the public hazards of asbestos-laced vermiculite mine in Libby, where more than 200 people have passed away from asbestos-related diseases such as pleural mesothelioma.

In addition, Locke believed the results of the study, which the National Institute of Occupational Safety and Health (NIOSH) tried to attain in 1980 and 1981, could have made large impacts on Grace’s vermiculite business and their corporate profits.

An attorney at the trial presented several company documents showing Grace’s underlying motivation to postpone the study. On one occasion, Locke advised his supervisors to “be slow, review things extensively and contribute to delay.”

When he testified, Locke announced to the jurors that he knew the NIOSH study could have a negative effect on Grace because he had previously witnessed several experiments aimed at reducing airborne asbestos fibers fail. According to Locke, “The asbestos just kept coming out.”

To further interfere with the NIOSH study, Locke told his bosses to seek an injunction from the Mine Safety and Health Administration, which helped maintain regulatory authority over the Libby mine.

Through these actions, Grace was able to successfully delay the study for nine months, allowing more workers to be exposed to toxic asbestos fibers.

Additional information about mesothelioma may be found through the Mesothelioma Cancer Center.