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Archive for the ‘Minnesota’ Category

Test Show Bancroft School is Safe

Friday, May 16th, 2008

Bancroft, Minnesota – Students at North Kossuth Elementary school will finish out the year at their own school after all. Initial air quality tests that found dangerously high levels of asbestos in the school were subsequently found to be falsely positive.

North Kossuth Elementary School in Bancroft, Minnesota was closed down after the results of asbestos testing came in on Monday April 28.

The results of the tests indicated that asbestos levels in the school were higher than what is generally considered to be safe. In one classroom, asbestos levels up to ten times higher were noted. Asbestos levels up to one thousand times higher than what is considered safe were shown in a hallway on the school’s second floor.

After viewing the test results, school district officials decided that North Kossuth should be closed down.

Superintendent Mike Landstrum said that the school board didn’t want to have to close the school, but the reports of those tests were worrying enough that it had to happen. School officials didn’t want to take any chances that might end up compromising the health of students and staff.

However, a third series of air quality tests completed on Monday May 5 showed that there was not a measurable level of asbestos present in the second floor of the building.

Landstrum said that the first tests had shown falsely positive results because they were not specific enough. The initial tests targeted all airborne fibers, instead of just asbestos fibers.

Landstrum admitted to being shocked about the results of the first tests that had shown asbestos levels up to one thousand times higher than safe levels, and even more shocked when the next series of tests showed no asbestos at all.

Tom Wuehr, a representative of the Iowa Department of Natural Resources and Environmental Health Services, explained that the initial tests picked up not only asbestos, but also other fibers such as hair, lint, and dust.

Wuehr also said that after the results of the second series of tests he is confident that they are valid and that there is not a dangerous level of asbestos present at North Kossuth Elementary.

Parents were informed of the new test results at a meeting on the evening of Monday May 5. Most were relieved and were reassured that the school was safe, but others were angry about the disruption to their children’s education and still had concerns about the safety of the school building.

MN Family wins Battle over Bridge Buried in Basement

Wednesday, May 7th, 2008

Minneapolis, Minnesota – A couple living in Inver Grove Heights, Minneapolis are happy to hear that the state will reimburse the money they spent cleaning up a bizarre discovery they made in their basement: chunks of a buried bridge.

John and Judy McEachran, who are both Methodist pastors, have spent the last four years battling to get the mess cleaned up, and to then find a way of paying the bills of almost $150,000.

Their four-year battle began in 2004, when the family hired a contractor to start digging the basement on the empty lot they had purchased in 1998. When the contractors began digging, they found enormous pieces of concrete buried in the soil. The concrete chunks turned out to be pieces of a buried bridge.

When the McEachrans purchased the land, they had no idea that it had once been part of a construction materials landfill. And an unregulated one, at that. At the time they purchased the lot, state law hadn’t required that the seller of the land disclose that information to buyers.

What initially looked like a small issue quickly turned into a huge one with a $150,000 price tag—when a Dakota County environmental inspector tested some of the debris found on the lot, the McEachrans were dismayed to learn that asbestos was present.

The county subsequently charged the McEachrans with ownership of an unlicensed hazardous waste dump and ordered them to clean up the site immediately.

While some City Council members showed some understanding and agreed that the McEachrans shouldn’t be liable for cleaning up the mess, the family still had plenty of problems.

Eventually, the city of Inver Grove Heights agreed to contribute $15,000 towards the cost of cleaning up the site. The Minnesota Pollution Control Agency also contributed funds by providing the McEachrans with contractors for the job. However, the family still had to come up with $67,000. Dakota County assessed the bill against the property, to be paid over 30 years. The interest was enough to bring the total cost for the McEachrans back up to $150,000.

The family wanted to find out who was responsible for dumping the bridge there, and to find some way of getting reimbursement for the money they owed for the clean-up.

The McEachrans took their case to the Capitol and were happy to discover that lawmakers had their own doubts about whether the family should be responsible for paying for clean-up.

Eventually, it was discovered that the buried pieces had come from a bridge erected and owned by the Minnesota Department of Transport. The claims commission recommended that MNDOT pay the claim, and the McEachrans can now breathe much more easily: the asbestos is gone from their property, and they no longer have to worry about paying a $150,000 bill that should never have been theirs to begin with.

Senate Unanimously Approves Minnesota Mining Study

Thursday, May 1st, 2008

Minnesota - The problems that have plagued the Minnesota mining study may finally be resolved. Gov. Tim Pawlenty, who had threatened to veto the bill that would secure funding for the study, agreed to a compromise that will allow it to go ahead. The Minnesota Senate has now unanimously approved the funding for the study.

The state senate has granted preliminary approval last week. Now that the final vote has approved the study it will move back to the House. DFL Majority Leader Tony Sertich has indicated that once the funding is approved the study will begin quickly.

Gov. Tim Pawlenty had originally threatened to veto the bill because he believed the initial plan to fund the study using money from workers’ compensation special fund would drive up insurance costs for businesses.

Pawlenty believed the study should have been funded via the state’s taxpayers, using funds from a state agency called Iron Range Resources. However, some opponents to the use of the workers’ compensation fund believed it would be more appropriate to use Iron Range Resources funds because mesothelioma cases have been reported only in that region.

Opponents of the Iron Range Resources fund believed that using money from that source would unfairly impact on taxpayers who live in that area.

The new compromise on the funding will see the $4.9 million taken from a fund administered by the Department of Commerce. The fund is running at a surplus and removing funds is therefore unlikely to impact on businesses.

The source of the funds is an Assigned Risk Plan that acts as an insurance fund for companies that are unable to get workers’ compensation in the open market. The fund has a surplus of $41 million.

The Iron Range Resources and Rehabilitation Board has contributed $250,000 to the study. Tony Sertich said it would be unfair to ask the board to contribute further, and that state funds were an appropriate source because the research was an issue of statewide significance.

The University of Minnesota has attempted to obtain funding for similar research in the past, but has never received enough funding to complete an extensive study. Once the new study begins it will attempt to determine why taconite miners are developing malignant mesothelioma at such a high rate, including determining the source of the substance that is causing the cancer. The study will also attempt to evaluate the level of risk for miners’ families, and the general public.

Updates on the research will be provided annually, as well as recommendations on measures to reduce exposure to cancer-causing agents.

It’s Official: Minnesota Iron Range Study Has Funding

Thursday, May 1st, 2008

Minnesota - The Minnesota Iron Range worker study that has been in the planning stages for several months finally has official funding.

The final vote was almost unanimous: 121 to one. A total of $4.9 million will be provided for the study, which will be conducted by the University of Minnesota’s School of Public Health, in conjunction with partners such as Iron Range Resources, the state Department of Health and Department of Natural Resources, North Shore Mining Company, and United Steelworkers of America.

The funding will be drawn from a Department of Commerce special fund: an Assigned Risk Plan that acts as an insurance fund for companies that are unable to get workers’ compensation in the open market. The fund has a surplus of $41 million.

Previous opposition to the proposed funding plan for the study came from Gov. Tim Pawlenty, who objected to the original funding plan. The Iron Range worker study was initially proposed with funding sourced from the state workers’ compensation special fund. Pawlenty objected because using funds from that source might have a negative impact on insurance costs for business owners.

Pawlenty had threatened to veto the bill on that basis, but has no objections to the study after alternative funding had been proposed.

The study was originally prompted by a number of factors relating to miners working in the section of Minnesota known as the Iron Range.

In 2007, the Department of Health announced that a total of 35 Iron Range miners had died from mesothelioma. With other miners previously identified as having died from mesothelioma, Professor John Finnegan, Dean of the University of Minnesota’s School of Public Health, says that 58 Iron Range miners have died from mesothelioma. Finnegan says that this total is “clearly in excess” of that which should be expected in an average population.

The University of Minnesota has attempted to obtain funding for similar research in the past, but has never received enough funding to complete an extensive study.

Once the new study begins it will attempt to determine why taconite miners are developing mesothelioma at such a high rate, including determining the source of the substance that is causing the cancer. The study will also attempt to evaluate the level of risk for miners’ families, and the general public.

DFL Majority Leader Tony Sertich indicated that the study would begin quickly after funding had been approved. Once the study begins, the research group will provide annual updates and recommendations for improving worker safety. The study is expected to be completed in around five years.

Minnesota Mining Study Funding May be Finalized

Tuesday, April 29th, 2008

April 17, 2008, Minnesota - Last week the Minnesota House of Representatives passed the bill that would give the green light to the mesothelioma study on taconite miners in Minnesota’s Iron Range. However, the bill was strenuously opposed by several members of the House. This week, a compromise on funding might help the bill escape the threat of veto.

The research, which will be planned and executed by the University of Minnesota School of Public Health, is intended to determine why Iron Range taconite miners are at a vastly increased risk of developing mesothelioma, a type of asbestos cancer that is caused by asbestos exposure.

The Minnesota Department of Health has determined that at least 58 Iron Range taconite miners have been diagnosed with mesothelioma. Nationally, the average incidence of the disease is one case in every 500,000 people.

The bill passed by the Minnesota House of Representatives won by a majority vote of 88-45. The bill that was passed would use state workers’ compensation special fund money to fund the research, which will cost almost $5 million.

However, Gov. Tim Pawlenty had threatened to veto the bill, on the basis that the workers’ compensation special fund isn’t an appropriate source of funds for the study and that use of special fund money would drive up costs for businesses.

Pawlenty believes that the study should be funded not from the special fund, but via the state’s taxpayers, using funds from a state agency called Iron Range Resources. Some opponents to the use of the workers’ compensation fund say that Iron Range Resources funds are a more appropriate source because mesothelioma cases have been reported only in that region.

Opponents of the Iron Range Resources fund, however, say that using money from that source would unfairly impact on taxpayers who live in that area.

The compromise that has been proposed involves using money taken from a separate “assigned risk” workers’ compensation fund. That fund has higher reserves and is less likely to impact businesses. The funding compromise has gained broader approval than the previous proposal.

The University of Minnesota has attempted to obtain funding for similar research in the past, but has never received enough funding to complete an extensive study. Once the new study begins it will attempt to determine why taconite miners are developing mesothelioma at such a high rate, including determining the source of the substance that is causing the cancer. The study will also attempt to evaluate the level of risk for miners’ families, and the general public.

House Votes to Fund Mesothelioma Research

Wednesday, April 23rd, 2008

Minnesota - This week, the Minnesota House of Representatives has finally passed the bill that gives the green light to the mesothelioma study on taconite miners in Minnesota’s Iron Range. Taconite, a form of magnetic iron ore, has been mined in the area for decades.

However, Gov. Tim Pawlenty has already threatened to veto the bill, on the basis that the study is being funded from the wrong source.

The study will cost an estimated $4.9 million, and the House of Representatives has voted to fund the research via the state workers’ compensation special fund.

However, Gov. Tim Pawlenty believes that the study should be funded not from the special fund, but via the state’s taxpayers.

Those who oppose the use of special fund money would prefer the Iron Ranger miner study to be funded partially via funds from a state agency called Iron Range Resources. This agency is focused on the northeastern part of Minnesota rather than the entire state. Opponents to use the use of the workers’ compensation fund say it’s more appropriate to use Iron Range Resources funds because mesothelioma cases have been reported only in that region.

The research, which will be planned and executed by the University of Minnesota School of Public Health, is intended to determine why Iron Range taconite miners are at a vastly increased risk of developing mesothelioma, a type of asbestos cancer that is caused by asbestos exposure.

Jeffrey Mandel, an occupational physician in the School of Public Health, said “within the mining group, the rate of mesothelioma [is] significantly higher than it [is] supposed to be.” Since a preliminary study uncovered evidence of the high rate of mesothelioma, a more extensive research study has become a high priority.

The Minnesota Department of Health has determined that at least 58 Iron Range taconite miners have been diagnosed with mesothelioma. Nationally, the average incidence of the disease is one case in every 500,000 people.

The research will look at four different aspects relating to taconite mining in the Iron Range. Three will look at causes of death in Iron Range Miners, as well as the health of current and past miners, and of their families. A fourth study will compare air particle samples taken from northern Minnesota cities and compare those to Iron Range samples.

One of the principle objectives of the study is to determine exactly why Iron Range miners are developing mesothelioma: whether the increased incidence of the cancer comes from exposure to taconite, or whether the cancer is caused by exposure to a substance used in industrial processes.

The bill passed by the Minnesota House of Representatives won by a majority vote of 88-45. The University of Minnesota has attempted to obtain funding for similar research in the past, but has never received enough funding to complete an extensive study.

Minnesota Mesothelioma Study Hits Funding Snag

Monday, April 21st, 2008

Minnesota – The Minnesota study on taconite miners in the Iron Range of Minnesota has hit a funding snag, with opposing lawmakers debating over where the money for the study should come from.

The study itself was approved almost a month ago, and there is no debate over the necessity of the research. However, the study is now being held up by arguments over how the study should be funded.

Currently a total of 58 Minnesota Iron Range workers have died from pleural mesothelioma, a rare and deadly form of cancer that develops in the lining of the lungs. The only known cause of mesothelioma is exposure to asbestos, and some asbestos-like minerals. Mesothelioma is difficult to diagnose, highly treatment-resistant, and incurable.

The proposed study is expected to cost $4.9 million, and will be led by a team of researchers from the University of Minnesota School of Public Health. The study will attempt to answer three basic questions:

* Why are Iron Range taconite miners developing mesothelioma?
* Are the miners are developing other diseases in addition to mesothelioma?
* Could secondary exposure issues affect the families of Iron Range miners, or the larger community?

The researchers will collect data about the level of exposure to the dust, and incidence of health problems attributed to the dust, in miners and their families. The researchers will also investigate the chemical and physical properties of the dust to determine why it is causing cancer.

The problem, however, is that unless the current funding issues are resolved, the study may never get started. The ongoing debate centers on where the $4.9 million to pay for the study should come from.

Iron Range lawmakers want to fund the study using funds from the state Worker’s Compensation Fund. They believe it’s a logical source for the funding because the research will help to protect future mine workers.

However, other lawmakers would prefer the Iron Ranger miner study to be funded partially via funds from a state agency called Iron Range Resources. This agency is more focused on the northeastern part of Minnesota rather than the entire state. According to those who would prefer this funding source it’s more appropriate because mesothelioma cases have been reported only in that region.

According to the Iron Range lawmakers, funding the study using Iron Range Resources money means that the study would, in effect, be funded by property taxes, and this shouldn’t happen because previous health studies in other parts of Minnesota haven’t been funded this way.

Jury Awards Mesothelioma Victim $4.6 Million

Tuesday, April 8th, 2008

RAMSEY COUNTY, Minnesota – A Minnesota jury awarded a judgment of $4.6 million to a man who worked for Northern States Power Company for over thirty years.

The family of Dennis Newinski brought suit against John Crane, Inc., which manufactured products used by Newinski after Newinski was diagnosed with malignant mesothelioma in 2007. Newinski’s attorney said that the dangers of asbestos in the workplace have been known for many years, but Crane continued to manufacture and sell products containing asbestos without warning those who were exposed.

Newinski worked for Northern States Power Company (now a subsidiary of Xcel Energy) from 1968 to 2000. In the course of his work, he was exposed to asbestos gaskets and packing materials manufactured by Crane. In 2007, he was diagnosed with malignant mesothelioma, an incurable and aggressive cancer caused by exposure to asbestos.

Newinski’s suit alleged that he had been exposed to asbestos without being warned that the asbestos containing products were harmful to his health and could cause a deadly cancer. The jury found that John Crane, Inc. had been negligent and awarded more than $4.6 million in damages to Newinski and his wife as compensation for the illness and resulting damages.

Newinski’s attorney expressed the family’s gratitude for a just verdict which “fairly reflects John Crane’s share of fault” for Newinski’s exposure to products containing asbestos in the course of a thirty five year career as a machinist. He said that they also hope that the jury’s verdict will facilitate the settlement of other pending claims against the company by cancer and mesothelioma victims.

The jury deliberated for several hours after a ten day trial before handing down its decision.
Machinists and other power plant workers are one of the occupational groups most likely to be affected by mesothelioma because of the likelihood that they will or have been exposed to asbestos. In addition to the gaskets and packing materials named in Newinksi’s suit, other machine parts and linings may contain asbestos. Workers in power plants may have been exposed to asbestos when changing linings, replacing insulation and gaskets, and replacing packing around bearings and other moving parts.

Those who were exposed to asbestos are at a far higher risk of developing lung cancer and many other cancers than the general population. In addition, they face the risk of developing mesothelioma, a rare cancer that affects the thin lining of tissue around the lung sac, the heart and the abdominal cavity. Mesothelioma may not develop for up to forty years after the initial exposure, but once it is diagnosed, it often moves fast and can kill within months of diagnosis.

$4.6M Asbestos Verdict for Former Northern States Power Company Employee

Thursday, April 3rd, 2008

March 20, 2008 - A Minnesota jury this week awarded a former Northern States Power Company employee and his wife a total of $4.6 million as compensation for the mesothelioma he developed as a result of exposure to asbestos.

Dennis Newinski was exposed to asbestos in gaskets and packing materials that had been manufactured by John Crane, Inc. However, Newinski was never employed by John Crane. Instead, he had worked at Northern States Power Company (now a subsidiary of Xcel Energy) in Minnesota between 1968 and 2000. Newinski had been exposed to asbestos contained in products made by John Crane, Inc while working at the power plant.

Founded in 1917, John Crane, Inc, is a manufacturer of mechanical seals and support systems, lubrication systems, and similar items. Asbestos was used in many of its products for several decades, and the company has been involved in several lawsuits relating to asbestos exposure stemming from its products.

Ironically, most of the lawsuits are similar to Dennis Newinski’s case, and involve people who were exposed to asbestos in John Crane products while working for other companies.

Dennis Newinski, a three-time US House of Representatives candidate was diagnosed with malignant mesothelioma in 2007. This aggressive and highly treatment-resistant cancer is caused only by asbestos exposure.

In the trial, held in the District Court, Second Judicial District, in Ramsey County, Minnesota, the jury in the case heard that Newinski had been exposed to asbestos in products manufactured by John Crane, Inc over the course of several years.

After a ten day trial and several hours of deliberation, the jury found that John Crane, Inc had been negligent, and awarded Newinski and his wife $4.6 million in damages.

Christian Hartley, an attorney representing Newinski, said “the dangers of asbestos in the workplace have been known for many years, yet Crane continued to manufacture and sell products containing asbestos without warning those exposed.”

Similar charges have been made against a long list of companies over the last two decades, ranging from chemical giant DuPont and former mining company W.R. Grace, to railroad company CSX Transportation, which has settled many suits involving exposure of railroad workers to toxic solvents as well as to asbestos.

Another attorney for the plaintiff, Rick Laverdiere, said that the Newinski family is “thankful for a just verdict which fairly reflects John Crane’s share of fault from Mr. Newinski’s exposure to asbestos. . .they sincerely hope that the verdict will help facilitate the resolution of pending claims between other cancer victims and John Crane.”

Mesothelioma Funding Clears First Senate Hurdle in Minnesota

Wednesday, April 2nd, 2008

ST. PAUL, Minnesota – A Minnesota Senate committee has passed on a bill that will fund a study of lung disease among miners in the Iron Range. The clearing is the first hurdle on the way to appropriating the $4.9 million requested by the University of Minnesota to research mesothelioma and other lung diseases among Iron Range miners.

Mesothelioma, typically only found in those who are exposed to asbestos, shows up at a far higher rate among Iron Range miners than among the general population, as well as a higher rate of other types of lung diseases. Statistics released by the Minnesota Health Department last autumn revealed that there were 58 deaths of mesothelioma among Iron Range miners. The University of Minnesota is seeking funding to correlated data on those miners and compare it to data from employment and other records of other miners in the hopes of discovering why the rate of mesothelioma is so high in that population.

The measure currently being considered in both branches of the state government would provide $4/9 million in funding. The funding would cover research to correlate data taken from mining company employment rolls, death certificates and other public records concerning miners, their families and the general population.

Senator David Tomassoni is sponsoring the bill, which he says will take up the five years to complete. In the end, the senator said, the research will hopefully explain the link between mesothelioma and the miners. Discovery of a link could offer the first steps toward instituting preventive measures to safeguard the health of miners and others.

Preliminary researchers have stepped away from the theory that the area itself may be naturally high in asbestos because the higher rates of mesothelioma are found among miners. The general population shows no difference in mesothelioma incidence than national averages.

Tomassoni told a local newspaper, “When you see 58 unexpected deaths and you know that you have something within your midst that might take 15 to 30 years to manifest itself just because of an exposure you had while you were working there, it’s extremely important to find out what the cause is and how we can prevent it.”

Mesothelioma is typically attributed to asbestos exposure, most often to occupational asbestos exposure. While the cancer is rare, it has a much higher incidence among occupational groups that work closely with asbestos or around asbestos-containing materials and equipment. Taconite, which is mined in the Iron Range, breaks into fibers similar in size and shape to asbestos. One theory suggests that the taconite fibers stirred up by the mining and processing operations have a similar effect to asbestos.
The Senate Health, Housing and Family Security approved the bill Friday. The next step in the process is approval by the Finance Committee.

The Minnesota House of Representatives is also considering and advancing a similar bill.

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