Archive for the ‘Asbestos Litigation’ Category

W.R. Grace and Company has recently reached a $60 million agreement that is aimed to settle property damage claims concerning asbestos-contaminated insulation. Home and business owners who used the attic and wall insulation for their property are the ones that will benefit from the settlement.

The settlement developed because W.R. Grace negligently used the naturally occurring mineral asbestos in their Zonolite insulation. Asbestos is an extremely toxic substance that has been linked to several forms of disease, including asbestosis, lung cancer and malignant mesothelioma. Those who are exposed to asbestos, even on just one occasion, will likely experience great risk in developing either one of these harmful diseases.

The settlement states that those who used the product can be paid 55 percent of the amount of damages that they claimed in the suit. However, no one filing a claim will be eligible to receive more than $4,125.

According to the agreement, W.R. Grace will place $30 million in a 20-year trust during the first year. An additional $30 million will be placed in the trust for the third year. After the fifth year, the company will add $8 million each year the trust falls below $10 million. Home and business owners will be able to file claims as long as the trust exists, and the money is designed to cover the costs of replacing the asbestos-contaminated insulation.

W.R. Grace chose not to specify how many people had previously filed claims. Though according to government officials, an estimated $35 million homes and businesses have had Zonolite insulation installed in their property.

W.R. Grace previously filed for bankruptcy protection back in 2001 over hundreds of thousands of asbestos-related claims. In April, 2008, the company announced a settlement that could be worth $3 billion, which would likely place an end to thousands of lawsuits by those affected with asbestos exposure. According to Fred Festa, W.R. Grace could come out of bankruptcy during the first half of 2009.

In addition the Grace’s recent $60 million settlement, the company has also agreed to pay $250 million to remove any asbestos contamination in Libby, Montana. This is where Grace mined and processed asbestos-contaminated vermiculite for 27 years. In the history of the federal government’s Superfund program, it’s the largest sum of money agreed upon by any organization.

To this date, current and former executives of W.R. Grace continue to face criminal charges in relation to the Libby mine operation.

For additional information on the effects of asbestos exposure, visit the Mesothelioma Cancer Center.

According to the corporate regulator in Australia, former directors and executives of James Hardie Industries have provided inaccurate, misleading, and deficient public announcements about the company’s ability to compensate asbestos victims. Because of this, the Australian Securities and Investments Commission (ASIC) is now attacking the company in the NSW Supreme Court.

ASIC is alleging that a total of 10 James Hardie directors and executives purposely provided false information to avoid an obligation of paying asbestos sufferers. The information specifically pertained to the size of a compensation fund for those afflicted with an asbestos-related disease.

The $293 million fund that was supposed to be “fully funded” was actually found to be short by a large sum of money. ASIC lawyers allege that the 10 directors and executives lied in their statements because “they believed there would be a public outcry if the truth were revealed.”

In addition, many believe the false statements concerning the fund allowed James Hardie enough time to restructure and move its headquarters to The Netherlands without any scrutiny from the government, unions, and claimants.

This was achieved through the distribution of several media releases to the public announcing the establishment of a new entity under a different name (James Hardie Industries NV), which would secretly take the burden of asbestos claims and separate James Hardie from its asbestos-related companies.

Among those in the first court session was mesothelioma sufferer Brian Burrows and others who had experienced asbestos exposure. According to Burrows, “We’re here because we want to see justice be done. Many of the ladies here have lost partners years ago to asbestos and they too want to see justice being done.”

Adrian Desreaux, who has also been diagnosed with malignant mesothelioma, came to the court session saying, “It’s a big day for the people who have not yet got the disease but within the next 40 to 50 years will have it. If there’s no money around for them, what are they going to do?”

ASIC is seeking civil penalties against the defendants with each facing fines of up to $200,000 and a possible life-ban from managing corporations.

The first of 56 prosecution witnesses to take the stand was a former in-house James Hardie lawyer. Many are expecting witness examinations and the case to run well into next year.

For information on asbestos and mesothelioma, visit the Mesothelioma Cancer Center.

James Ross, who is expected to pass away from mesothelioma, is refusing to undergo an autopsy after his death. The court is mandating this procedure in order for Ross’s estate to sue the company that allegedly exposed him to asbestos.

Mesothelioma is a rare form of cancer that is almost exclusively caused by asbestos exposure. The disease typically takes anywhere between 20 and 50 years to develop, and symptoms do not arise until the advanced stages. As a result, most cases are diagnosed at a time when mesothelioma treatment options have become limited.

Ross worked around asbestos for several decades during his employment with Burlington Northern Railroad. He also worked on a home remodel during the 1960s and 1970s that he believes exposed him to the toxic substance.

Ross is objecting to the procedure of an autopsy on moral grounds and is asking for the requirement to be waived even though it will make his case more difficult to prove. The defendants, Kaiser Gypsum and T.H. Agriculture & Nutrition, believe the case should be dismissed if Ross does not comply with the request of the autopsy.

According to Washington Law, individuals in asbestos litigation can opt out of the autopsy if they cite religious reasons. However, Ross is objecting because he believes that an autopsy results in the destruction and disfiguration of the body.

Ross’s mesothelioma lawyer says, “It’s not a matter of nominal faith. This is directly related to constitutional rights since autopsies are seldom necessary to confirm diagnosis. Why shouldn’t Ross’s request to forego an autopsy be honored?”

The lawsuit has yet to move to trial because the defendants claim Ross has not been diagnosed with malignant mesothelioma. Though Ross and his lawyer understand the importance of an autopsy in their case, they are willing to stand by their decision in order to help future cases and their right to deny an autopsy.

Ross’s lawyer believes he deserves the same treatment as any other individual that is excused from an autopsy on the grounds of religious reasons. He states, “Despite the greater burden of proof in proving that the plaintiff suffers from mesothelioma, autopsies are not required to prove diagnosis, rather, autopsies are helpful in resolving disputes only when diagnosis is already in question. That isn’t the case here.”

W.R. Grace & Company’s recently developed reorganization plan, which they had hoped would ease the company out of bankruptcy, has been rejected by the company’s creditors.

A total of 20 separate entities have raised objections to the reorganization plan that was submitted to Judge Judith Fitzgerald’s bankruptcy court in September. Most of the objections to the plan were submitted by lenders, investors, and insurers.

Creditors have objected the reorganization plan on the grounds that the plan would result in their claims being paid at an interest rate two percent below of what they feel they deserve.

Lewis Kruger, an attorney who represents the committee of creditors, says the issue is that the company was never insolvent, and should therefore not be allowed to pay bankruptcy interest rates.

Several banks, which have carried W.R. Grace & Company through its seven year period of bankruptcy, are also arguing the same point. The banks claim the company overestimated the value of the asbestos-related lawsuits that forced them into bankruptcy.

According to Lewis Kruger, “The Debtors cannot in good faith argue that there is a question concerning their solvency when they have disclosed that they are solvent with very valuable equity interests post-emergence.”

Other entities that have objected include bankruptcy trustee Roberta De Angelis, who appointed the lawyers who were involved in negotiating the reorganization. Canada’s attorney general has also objected the plan.

The biggest and most vocal objection has come from Libby, Montana, which is the town where W.R. Grace & Company mined vermiculite-containing asbestos for several decades.

As of today, the average plaintiff in a Libby case has received anywhere between $270,000 to $1.5 million, depending on whether they have developed a non-malignant asbestos-related disease or a more severe condition such as mesothelioma.

Malignant mesothelioma is a rare form of cancer that is almost exclusively attributable to asbestos exposure. Most cases of the disease are diagnosed in the late stages of development, which often presents limitations for mesothelioma treatment options.

Under W.R. Grace’s reorganization plan, a claimant who lives in the Montana town would not receive any more compensation than any other asbestos claimant. This is an issue because other non-Libby plaintiffs often sue multiple companies, raising issues such as relative fault and causation.

Asbestos lawsuits recently filed in Illinois include a former railroad worker who has developed a chronic pulmonary illness and a woman who has filed after her husband passed away from mesothelioma.

The first lawsuit was filed by Wisconsin resident Doris Piacentine, whose lawsuit names 109 defendants and claims her husband developed pleural mesothelioma after experiencing occupational asbestos exposure. According to the suit filed in Madison County Circuit Court on October 30, Edward C. Piacentine was diagnosed with mesothelioma on March 16, 2007, and passed away only two months later on May 23.

The suit claims Edward worked between 1953 and 1955 as a meat packer, between 1955 and 1957 as a corpsman, and between 1957 and 1967 as a construction worker and truck driver. Between 1967 and 1996, he also worked as an electrical inspector for the state of Milwaukee.

Doris Piacentine’s lawsuit alleges her husband’s asbestos exposure should have been anticipated and prevented by the defendants, and that he passed away due to wrongful causes. According to the suit, he suffered considerable mental and physical pain, lost income, and incurred medical expenses for mesothelioma treatment.

The eleven-count lawsuit asks for at least $350,000, including exemplary damages, economic damages, and compensatory damages for mental and physical pain, medical expenses, and loss of income. In addition, the lawsuit seeks punitive damages to punish Ferris Kimball Company, Sprinkmann Sons Corporation, Sprinkmann Insulation and Young Insulation Group of St. Louis for negligence and misconduct.

Another asbestos-related lawsuit was recently filed by former Norfolk Southern Railway Company worker Don W. Smith, who was diagnosed with a chronic pulmonary disease. Smith alleges the disease was wrongfully caused as a result of toxin exposure during his years of employment as a locomotive engineer.

The lawsuit, which was filed on October 31 in Madison County Circuit Court, claims he suffered from exposure to a range of toxins, including asbestos, diesel exhaust, smoke, and fumes.

Smith states his illness has caused him considerable mental and physical pain, and that his general enjoyment of life has suffered. The lawsuit also alleges he has lost money due to medical expenses and being unable to work.

The two-count lawsuit, which claims that the Norfolk Southern Railway Company was negligent in failing to provide Don with a safe workplace, seeks damages to compensate for these factors as well as legal costs.

St. Louis-based manufacturing company Christy Refractories, LLC, has recently filed for bankruptcy as a direct result of its inability to cope with increasing numbers of asbestos-related personal injury claims.

The company filed for the protection of Chapter 11 bankruptcy last week concerning liability relating not to the company itself, but to a subsidiary acquired in 1995. The subsidiary once manufactured asbestos-containing products.

Christy Refractories was apparently aware in 1995 that the subsidiary had manufactured asbestos products and might, in the future, be subject to liability claims. In fact, the company was even aware that there were already lawsuits pending back in 1995.

The company’s bankruptcy petition stated that over the last decade or so, as more people have been diagnosed with asbestos-related diseases such as mesothelioma and more lawsuits have been filed, its liability has increased to the point where it requires the protection that bankruptcy provides.

The petition specifically states that there are currently more than 1,000 lawsuits pending against Christy Refractories from people exposed to asbestos in locations where the subsidiary company’s asbestos products were used. The cases range from those diagnosed with pleural mesothelioma to any other asbestos-related illness.

The company has currently paid out approximately $27 million in asbestos liability claims, and can pay out a further $18 million. However, it’s not clear that the company’s assets will be available to satisfy future claims.

Nearly 400,000 people in the United States have filed personal injury lawsuits after being exposed to asbestos and experiencing mesothelioma symptoms. Many such cases have resulted in multi-million dollar verdicts or settlements for plaintiffs. Some estimates say that the total cost of asbestos litigation could eventually top $200 billion in the U.S. alone.

As a result of the enormous number of asbestos liability claims, more than 70 asbestos manufacturers have been forced to file for bankruptcy since 1976. In fact, more than half of that total has filed for bankruptcy since the year 2000.

As former vermiculite-mining company W.R. Grace has already done, Christy Refractories will likely create a trust fund to satisfy future asbestos-related claims.

After six hours in deliberation, a jury in Broward County, Florida has awarded a couple a total of $3,606,000 upon hearing that 57-year-old Lynda Daly developed mesothelioma after suffering secondary asbestos exposure.

Daly began experiencing mesothelioma symptoms at the start of 2007 and was eventually diagnosed with the disease in May, 2007.

Asbestos was used in a variety of building materials between the 1940s and 1980s due to the substance’s fire-resistant and insulating properties. The mineral was also commonly used in brake pads and others parts of vehicles.

However, while asbestos once performed many useful functions, it is now widely known to be extremely dangerous because any amount of exposure can cause a range of serious diseases. These diseases include asbestosis, lung cancer, and as mentioned before, malignant mesothelioma.

In this case, Lynda Daly developed mesothelioma not because she worked with asbestos, but because her husband, Michael Daly did.

Michael Daly was employed by Ford Motor Co. and Pneumo Abex, which is where asbestos-containing brake pads were manufactured during the time of his employment.

Lynda Daly also worked for Ford dealerships in Wisconsin during the 1970s and 1980s, and may have been exposed to asbestos while assisting her husband with brake repairs on their own personal vehicles.

The astonishing part of the story is that both Ford and Apex continue to deny their culpability, even though both companies manufactured brake pads containing asbestos.

According to the Daly’s attorney, “Ford and Abex continue to argue that although asbestos is clearly deadly, they are not responsible.”

However, the jury rejected arguments from the defendants concerning their responsibility for Lynda Daly’s disease. Instead, they looked to testimony from her treating physicians, who confirmed the diagnosis was mesothelioma.

Wisconsin man Donald A. Doberstein has filed an asbestos-related lawsuit that names a total of 39 defendant corporations. Doberstein is claiming he was diagnosed with mesothelioma and it was wrongfully caused.

Doberstein filed his lawsuit on October 30 at Madison County Circuit Court in Illinois. The defendants named in the suit include Sprinkmann Sons Corporation, Sprinkmann Sons Corp. of Illinois, and Young Insulation Group of St. Louis.

According to the lawsuit, Doberstein believes the diagnosis of malignant mesothelioma came as a result of asbestos exposure during the course of his career.

Doberstein worked in 1952 as a laborer for the American Can Plant. In 1953, he worked at Cutler Hammer Plant. Between 1954 and 1974, he worked at the Allen Bradley Plant. Asbestos insulation was commonplace in these industrial settings, as well as the use of asbestos linings and other types of insulation for machinery.

Unfortunately, workers in such plants were rarely supplied with protective clothing even though it was common for airborne asbestos fibers to be present in these locations.

The lawsuit that Doberstein filed states he developed mesothelioma specifically as a result of exposure to airborne, inhalable asbestos fibers. The lawsuit also states that the exposure he experienced should have been anticipated and prevented by the defendants.

Doberstein’s suit claims he has been disfigured and disabled as a result of having developed mesothelioma, and says he has suffered and will continue to suffer considerable mental and physical pain. In addition, he has been unable to work due to his condition and has also incurred substantial medical expenses for mesothelioma treatment.

The nine-count lawsuit filed by Doberstein is seeking at least $350,000, including exemplary damages, compensation for medical expenses and lost income, and compensatory damages. The suit also asks for other relief deemed appropriate by the court.

In addition, the lawsuit is seeking punitive damages to punish the defendants for their negligence and misconduct.

Asbestos-related lawsuits recently filed in Texas include two people who filed lawsuits on behalf of deceased relatives. The first was filed by Peggy Dobbs on behalf of her husband, who claims her husband passed away after asbestos exposure caused him to develop mesothelioma.

According to the lawsuit, the three named defendants include Union Carbide, the Foster Wheeler Corporation, and the Ingersoll-Rand Company. The suit states, “These companies have been engaged in the processing and/or manufacturing, sale, and distribution of asbestos and asbestos-containing products,” which Peggy believes caused DeVaughn Chumbley Dobbs to develop pleural mesothelioma. This disease occurs in the lining of the lungs after someone has been exposed to airborne asbestos fibers.

Peggy Dobbs’ claims her husband was exposed to unsafe working conditions at various jobs in Texas during his career as a journeyman laborer. According to the lawsuit filed on October 22 in Galveston County District Court, he was exposed on numerous occasions to asbestos fibers in products manufactured by the three defendants.

The eight-count lawsuit alleges that the development of mesothelioma symptoms and resulting death was caused by the defendants’ negligence and seeks compensation for mental and physical suffering.

Another recent lawsuit tells the story of Augustus Rochester, who passed away from an asbestos-related disease after being exposed to asbestos. The exposure came from products manufactured by companies such as Viacom, General Electric, and Zurn Industries.

The lawsuit, filed by Lois Rochester, says the “Defendants knowingly conspired among themselves to cause the plaintiff’s injuries, disease, and illness and/or death by exposing him to asbestos [and] and the defendants committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos.”

The suit was filed on October 7 at Orange County District Court in Texas, and states the named defendants in the case had been aware for decades that asbestos was harmful, but continued to use the substance in their products without providing any warnings.

Lois Rochester is claiming compensation for physical and mental suffering on behalf of the diseases, as well as lost income and medical expenses.

An asbestos-related lawsuit recently filed at Madison County Circuit Court in Illinois tells the story of a woman who has developed mesothelioma as a result of her husband’s asbestos exposure.

Carolyn S. Berry was diagnosed with malignant mesothelioma on April 25, 2008. The lawsuit was filed on October 23, 2008, and claims Carolyn’s asbestos-related disease was caused by secondary asbestos exposure.

According to the lawsuit, Dan Berry worked between 1960 and 2003 as an auto mechanic. This particular career, while not as risky as others in terms of asbestos exposure, can often result in exposure due to the presence of asbestos in brake pads, linings, and in various types of heavy machinery parts. The couple believes Dan often transported asbestos fibers home on his clothing and hair.

The lawsuit claims the asbestos exposure she suffered should have been anticipated and prevented by the defendants named, which include Sprinkmann Sons Corporation and Sprinkmann Insulation, Inc.

As a result of developing mesothelioma, Carolyn has suffered extreme physical and mental pain. In addition, she has been left unable to work and has incurred substantial medical costs for mesothelioma treatment.

The Berry’s have filed a six-count lawsuit and are asking for at least $200,000. This includes $100,000 or more in punitive and exemplary damages and $100,000 or more for other relief as deemed appropriate by the court.

The couple is also hoping to claim punitive damages in an amount that will punish Sprinkmann Sons Corporation and Sprinkmann Insulation, Inc. for negligence and misconduct.