Asbestos In Your Area

Asbestos in the State of West Virginia

Asbestos Exposure in West Virginia

Just about every American knows that West Virginia's main economy has been coal mining for generations. There has been oil drilling as well, and two major oil refineries, but that industry pales in comparison to that of coal mining. In addition, there are power plants and several chemical plants in West Virginia; in addition to these occupational hazardous locations, asbestos was used in homes and public buildings to insulate crawl spaces, water pipes, HVAC ductwork, boilers and electrical conduits

At-Risk Occupations and Locations in West Virginia

Unfortunately, the state of West Virginia contains many areas that have suffered from asbestos exposure. The major locations noted are: Analine Chemical, Beckley Mining Academy, DuPont, Ergon-West Virginia, FMC Chemical, Goodyear, Manville Powerhouse, Morgantown Medical Research Center, Moundsville Powerhouse, Shell Oil Refinery, Union Carbide WV Chemical Factory, Will Island Power Plant, and Will Island Credamine Chemical. Employees from these locations served in a variety of occupations, and even office workers were not immune to the asbestos that was prevalent throughout much of these facilities. Since asbestos was utilized in dozens of capacities-from insulation of cold, heat and flame to protection from toxicity, chemicals and volatility, it could be found almost everywhere in production plants. Furthermore, workers' protective clothing was also dependent upon asbestos, and, just like in the building spaces, if fibers became loose and wafted into the air current, there was a chance they could become inhaled. However, those who worked daily around asbestos were placed at the greatest risk, and unknowingly carried asbestos into their homes and communities on their clothing as well. (Throughout the world, studies have shown that some of the most dangerous asbestos exposure jobsites are oil refineries and power plants.)

Asbestos-related Deaths in West Virginia

Between the years of 1980 and 2000, there were 594 fatalities due to asbestos, with less than 50% attributable to deadly mesothelioma, with the remainder the non-cancerous disease of asbestosis. Out of these approximately 600 deaths, slightly over 25% occurred in Kanawha County. The statistics place the state at #26 in the country for mesothelioma cases, but at #3 for a crude mortality rank

Legal Resources for West Virginia Residents

Charleston, West Virginia appears to have a reputation as a jurisdiction where much personal injury litigation (or torts) occur, usually with findings in favor of the plaintiff, and especially when large corporations and settlements are involved. Asbestos is part of this, and some people feel that the state is impoverished due to so much corporate litigation.

West Virginia's statute of limitations for personal injury and wrongful death suits is three years. A discovery rule confirms that time begins when the problem is discovered, or should have been. In the last couple of years, there have been three asbestos lawsuits that are worth noting. The first is Choff v. Crown Beverage Packaging, Inc. (concerning occupational safety and health cause of action); the second is Long v. E. I. DuPont, De Nemours and Company, and the last is a defendant's petition to be removed from asbestos litigation. However, other asbestos cases have occurred within the last decade in the state. One key case was a cigarette class action lawsuit which was found to improperly represent diverse plaintiffs accordingly. It thus served as an example for upcoming West Virginia asbestos lawsuits.

There was also a case in 2003 which found its way to the Supreme Court in 2003. It concerned a case involving six railroad employees with non-cancerous asbestos, who feared acquiring the asbestos-related cancer mesothelioma. Their fears won them an additional amount in damages. This ruling was significant because in the past, courts did not award damages based on emotional distress when plaintiffs did not even have physical symptoms or a disease diagnosis. The plaintiffs received amounts from $770,000 to $1.2 million in damages. This was strongly debated by the Bush administration, American Insurance Association, Coalition for Asbestos Justice, and the U.S. Chamber of Commerce. But, the legal decision found a consistency in actual disease and genuine fear of related future harm, contained in the overall concept of liability.

The most recent news concerning West Virginia asbestos litigation was reported a local newspaper in January, 2008. A widow of an asbestos-exposure victim is seeking damages against a total of 56 different companies that she claims were responsible for the death of her husband. Barbara Brewster states that her husband, Jack, worked for Guyan International Inc. for 34 years and his job entailed close proximity to asbestos and related products. She claims that the companies not only manufactured the asbestos Mr. Brewster handled on the job; they were also responsible for supplying it to Guyan, selling it, and installing it in the products of the work place. Mr. Brewster passed away in December of 2005 from the malignant disease mesothelioma. The plaintiff is seeking punitive and compensatory damages for the loss of her husband, who became a victim of extreme pain and anguish after being diagnosed.

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