ranking in U.S. for mesothelioma & asbestosis deaths
The state of Hawaii has a history of widespread asbestos use, from public buildings to commercial establishments. Nearly every building in the state constructed before 1980 — including schools, state buildings and military bases — was built with asbestos products. These facilities continue to pose a public health hazard, as exposure to asbestos can cause deadly diseases such as mesothelioma and asbestosis.
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In recent years, Hawaii government officials have made efforts to protect its residents. Health officials closely monitor all public buildings that still contain asbestos. Schools, for example, are inspected every six months to ensure that asbestos fibers cannot be released into the air.
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The use of asbestos in Hawaii was so rampant that Thomas Lilekis, a Hawaii State Department of Health representative, said state residents are “living in and around it constantly.” He stated that the mineral is present in ceilings, floor tiles and drywall all over the state. Lilekis noted, however, that asbestos materials only pose a health hazard if they are damaged.
In 2004, the Agency for Toxic Substances and Disease Registry (ATSDR) put the former Vermiculite of Hawaii plant on a priority list for cleanup. The ATSDR determined that the Honolulu factory received asbestos-contaminated vermiculite from Libby, Montana, between 1954 and 1983. Although the facility stopped handling vermiculite in 1983, deadly asbestos fibers may have been present at the site until 2001. This left employees and nearby residents at risk for decades, possibly even exposing family members of employees to asbestos.
The U.S. Environmental Protection Agency (EPA) conducted a cleanup in the half-acre lot in 2001. After the cleanup, the ATSDR stated that current nearby residents are no longer at risk of exposure from the site. However, former residents, employees and family members are advised to monitor their health so as to detect any asbestos-related problems that may arise.
Many of the state’s military facilities were constructed with asbestos materials, leaving U.S. Armed Forces at risk as well. In 2000, asbestos was found in Schofield Barracks in Oahu, forcing 600 soldiers to leave their living quarters. One representative stated that the displaced soldiers have a low risk for asbestos-related illnesses since their exposure to the contaminant was very limited.
Other similar situations may not have been handled as well. Also in 2000, the Army failed to remove asbestos safely in Fort Shafter, also in Oahu. The EPA said that Fort Shafter’s asbestos-containing material was not kept wet during the removal process, causing asbestos-containing materials to be emitted into the open air.
Hawaii is a long way from the U.S. mainland, but Michele Carbone, M.D., had made mesothelioma a focal point of his research. Carbone gained a $3.8 million grant in 2011 for the University of Hawaii Cancer Center to study treatments for mesothelioma. He also convened a panel of experts from around the world to a symposium about BAP1 genetic mutation. More than half of the funding for mesothelioma research from the National Cancer Institute has gone to the University of Hawaii Cancer Center.
The Hawaiian government and the federal government are in the midst of cleanup projects to reduce future incidences of mesothelioma and other asbestos-related diseases. The EPA is supervising the cleanup of three military facilities and another three commercial establishments in the state. The U.S. Army Environmental Command (USAEC) executes other cleanup projects, including ones in Schofield Barracks and Fort Shafter.
Pearl Harbor Naval Shipyard is arguably the most famous U.S. military post. Japan launched a surprise attack on the U.S. fleet at Pearl Harbor on Dec. 7, 1941, triggering America's entry into World War II. Decades later, the military confronted another reality about Peart Harbor – that more than 10,000 people were exposed to asbestos there.
The EPA designated the U.S. Navy's Pearl Harbor Complex as a Superfund site because of the amount of toxic chemicals and substances present, including asbestos. An Army barracks and all of the Navy's Pearl Harbor Complex are prime areas of concern, and abatement is an ongoing project for both military branches in Hawaii. The Navy demolished more than 250 buildings at Pearl Harbor. In addition, a number of buildings at the harbor's shipyard are being abated.
Dealing with an aging public school system, officials in Hawaii made asbestos testing and abatement a priority in recent years. Since 2001, more than 10 schools statewide were found to contain asbestos, most on the island of Oahu. Many of the asbestos-containing schools were damaged and required immediate abatement projects to ensure the safety of faculty, staff and students. One Oahu school, King Intermediate School, had to relocate some students when asbestos was found in two classrooms. Further tests revealed that other buildings on campus were asbestos-laden, and the school was forced to close for three days for an emergency abatement project.
Every school across Hawaii now has an asbestos management plan. They require inspection for asbestos and six-month periodic surveillance in case any of the material is damaged and becomes hazardous. Likewise, any time asbestos-containing materials are removed, the work has to be documented and the air must be checked before reoccupation.
To receive compensation in Hawaii, victims of asbestos exposure must prove their exposure led to a functional impairment. Simply stating exposure caused shortness of breath or fatigue is not enough. Claimants must have objective proof of a physical impairment from their doctor. It is important to note that according to the Hawaii Supreme Court, nearly every patient suffering from pleural plaques, pleural thickening and lung scarring can continue to live an active and normal life without chronic pain or impairment.
Hawaii also enforces a two-year statute of limitations for asbestos claims. Exposure victims must file their claim within two years of the day they learned their injury was asbestos-related and caused by the defendant’s negligence.
In 1990, a jury in Hawaii awarded $5,370,400 to Kenneth Cain, an insulator helper who developed mesothelioma after repeated exposures to asbestos throughout his career. From late 1953 to the spring of 1954, Cain worked at National Petro, where he assisted with insulation jobs. His work duties exposed him to Kaylo, a brand of asbestos insulation manufactured by Owens-Illinois, Inc., and distributed by Owens-Corning Fiberglass Corporation.
From 1954 to 1962, Cain worked at a National Petro power plant that used Kaylo in 85 percent of its insulation, according to the testimony of another insulator helper employed there. Cain continued to work with asbestos insulation until he retired about 20 years later. He filed a lawsuit against numerous companies that produced or sold asbestos insulation in July 1989, the same month he was diagnosed with cancer. All defendants except Owens-Illinois and Owens-Corning settled out of court for undisclosed amounts. Although these two companies filed an appeal to reverse Cain’s multimillion-dollar award, the U.S. Court of Appeals upheld the original verdict.
Another asbestos lawsuit in Hawaii was filed on behalf of Manuel Carvalho, who died of asbestosis and asbestos-related lung cancer in 1978. For decades, Carvalho breathed asbestos dust and fibers while employed at the Pearl Harbor Naval Shipyard from 1941 to 1971. In July 1980, Carvalho’s daughter and several other family members filed a claim against 27 manufacturers and distributors of asbestos products, including Johns-Manville and Raymark Industries. The Jury decided in favor of the plaintiffs, awarding roughly $213,000 in compensatory damages against 12 of the manufacturers and $500,000 in punitive damages against Raymark.
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