Asbestos Exposure at John Crane Leads to $1,200,000 Verdict for Worker

A jury verdict of $1,200,000 was awarded to Richard Nybeck, an elderly man who claimed he suffered shortness of breath because of asbestos-related conditions, against John Crane; for allegedly being exposed to an asbestos-containing product while at work. I would like to congratulate plaintiff’s attorney Eliot Present for his hard work securing this verdict on behalf of Mr. Nybeck.

At issue was whether an asbestos related condition, called Symptomatic Pleural Disease, contracted by the plaintiff, was the factual cause behind their respective shortness of breath.

The trial originated from a mass tort asbestos docket with dozens upon dozens of complaints, but was eventually narrowed down to a handful of defendants, one being the Nybeck case.

The summary judgment which was handed down by the Philadelphia Court of Common Pleas was reversed by the Pennsylvania Supreme Court which ordered the case to go to trial, despite claims that the defendant had not been “sick enough,” according to the courts, or that his smoking may have contributed to his illness.

Nybeck is on oxygen and lives in Arizona so he was unable to attend the proceedings. The verdict could impact many cases beyond asbestos litigation by setting the standard of review of summary judgments as a de novo review.

California Mesothelioma Lawyers Obtain $830,000 Verdict for Lunch Truck Driver Exposed to Asbestos At Work

In a recent mesothelioma trial in San Francisco, California lawyers Sean Worsey and Lisa Espada, of the law firm of Levin Simes Kaiser & Gornick LLP obtained an $830,000 mesothelioma verdict on behalf of their client, an 85-year-old Oakland, California resident, exposed to asbestos after pulling his lunch truck into the Highland Stucco manufacturing facility twice daily from 1971-1972 to cater to company employees. I would like to congratulate them for their hard work fighting on behalf of mesothelioma victims and their families.

Asbestos Exposure in Illinois Community Sparks a Debate Over Liability

In Belleville, Illinois a debate is ensuing over who is liable for asbestos exposure which has occurred at East Main and Jackson streets after the demolition of two buildings, which contained three businesses — the Classic Curl beauty salon, a mental health center for Chestnut Health Systems and the Hilltop Emporium thrift store.  The businesses suffered a fire just a year ago causing them to be shutdown.

Hank’s Excavating and Landscaping Inc. was hired to excavate the building and in the process asbestos was exposed into the air.  Asbestos which has been exposed into the air can cause respiratory-tract cancer, pleural and peritoneal mesothelioma (tumors of the membranes lining the chest and abdominal cavities and surrounding internal organs), and other cancers. All forms of asbestos have been proven to be human carcinogens, as declared by the US Environmental Protection Agency (EPA), the International Agency for Research on Cancer (IARC), the World Health Organization (WHO), the US National Toxicology Program (NYP), and countless others.

Asbestos causes malignant mesothelioma and other cancers that develop due to asbestos exposure.

Illinois state representatives cited the city, the two property owners and Hank’s for allowing the asbestos into the air and for not notifying the IEPA of the demolition back in August.

According to an article that was recently published by Belleville News-Democrat on May 15, 2011, which recounted the incident, “In that citation, they were told to clean up the asbestos, pay a $300 fee and report all of the steps to the IEPA. Because the parties haven’t done that, IEPA spokeswoman Maggie Carson said, the state agency took the next step and told all of them April 5 that the agency would turn the case over to the Attorney General’s office if nothing was done in 30 days. That time has passed, city leaders met with the IEPA, and nothing was resolved, Carson said. Now, IEPA officials are trying to determine what to do next.”

Releasing any form of asbestos into the air can be a tremendous health hazard to the workers in that area, the community, not to mention the firefighters who responded to the fire, who may have inhaled toxic levels of asbestos.

Because the location is deemed private property, there is a debate ensuing in regards to who should be held responsible and who should be in charge of the cleanup.

To read more about the debate, view the entire story here: http://www.bnd.com/2011/05/15/1709106/fire-still-leaves-big-hole-in.html

Mesothelioma Victim Awarded $25 Million Verdict Against Exxon Mobil Corporation

I would like to extend my congratulations to my close personal friends, Bobby Hatten, Hugh McCormick and Will Harty of Patten, Wornom, Hatten & Diamonstein for their $25 million verdict against Exxon Mobil Corporation on behalf of former shipyard worker, Rubert “Bert” Minton, 72, who was diagnosed with mesothelioma after years of working for the oil giant, as a repair supervisor on commercial vessels at Newport News Shipbuilding between 1966 and 1977. Minton had previously worked there for seven years as a ship fitter in new construction, and regularly worked at the shipyard on Exxon commercial oil tankers that were then being repaired. He was diagnosed with mesothelioma that doctors said he got from breathing billions of asbestos fibers while at the yard.

In a recent article published by The Baltimore Sun, Bobby Hatten, Minton’s lead attorney, was quoted as saying, ‘the jury awarded Minton $12 million in compensatory damages, $12.5 million in punitive damages, and $430,961 in medical expenses, plus interest. That brings the total verdict to about $25 million.”

The article goes on to state, “Exxon got a good, old-fashioned horse whipping is what it is,” said Hatten, who was at Al Fresco’s restaurant Thursday afternoon celebrating with about 35 staffers and attorneys from his law firm, Patten, Wornom, Hatten and Diamonstein.

But the $25 million verdict will be automatically reduced to about $17.5 million, Hatten said. That’s because although the jury awarded $12.5 million in punitive damages, it was legally limited to the $5 million that Hatten had requested for that portion of the verdict.

They awarded two-and-a-half times what I asked for,” Hatten said, saying he had not previously seen punitive damages of more than $100,000 in an asbestos case. “That shows how upset they were at Exxon.

To read the entire article, click here.

Fisher Scientific’s Duty to Warn Customers of the Dangers of Asbestos Exposure – The Buck Stops Here

fisher-scientific-lawsuitIn a recent deposition, the former corporate safety director for Fisher Scientific - a man who testified that “the buck stopped with me” regarding the determination of whether any danger or hazard existed with any product that Fisher Scientific supplied to its customers – was questioned under oath about when did Fisher know about the dangers of asbestos and when if at all did it warn its customers.

Here is just a sampling of what  in our opinion  this deposition revealed . The entire deposition is posted on this site for you to draw your own conclusions  :

  • Regarding Fisher Scientific’s expertise on asbestos and its dangers?  The witness testified that he was the only person in the Corporate Safety Department, and stated repeatedly that he was not an expert on the issue of asbestos, and neither was anybody else at Fisher Scientific.  The witness testified that he’d never taken a single safety course that related to asbestos.
  • Regarding Fisher Scientific’s interest in making sure that the asbestos-containing items it sold in its catalogs were safe?  The witness testified that he never asked any supplier to the catalog of asbestos-containing products to prove that the products were safe for their intended uses, and he has no idea if the manufacturers ever conducted tests on the products.
  • Regarding education of Fisher Scientific’s sales staff?  The witness testified that he never spoke to the sales staff about asbestos.
  • Regarding his responses to a 1978 letter from concerned 7th grade school children worried that asbestos pads in the classroom might cause cancer? The testimony given by the witness as to how he would have responded to such “straightforward” questions from school children was painfully at odds with the responses actually provided to the children by the witness in 1978.
  • Regarding the impermissible use of language such as “OSHA Approved” “Meets OSHA Requirements” in Fisher Scientific’s catalogues?  The witness, during questioning by Fisher Scientific’s counsel, described the use of such language as “a lie so don’t say it.”
  • Regarding a 1978 letter to an OSHA Regional Administrator in which he states that several asbestos containing laboratory products do not ordinarily liberate airborne fibers – but can experience dusting through age and usage?  The witness testified that although the letter was signed by him, he was unfamiliar with the term “dusting” and believed the marketing department had “infused their language” with his letter.
  • Regarding monitoring of asbestos containing laboratory products (to determine whether they liberate asbestos fibers) prior to their entrance in the marketplace?  The witness testified that no monitoring was ever done during his tenure “because there’s no need to” including in the plants where Fisher Scientific manufactured asbestos-containing products.
  • Regarding corporate responsibility?  “If we gave you cancer, then we’re responsible.  If we didn’t give you cancer, we’re not responsible.” and “If I harmed you then I owe you; If I haven’t harmed you then leave me alone.”

You can read and decide in your own opinion as to the adequacy of Fisher Scientific’s understanding of its responsibility to warn customers of the dangers of exposure to asbestos.  Click here to read the entire deposition.

Mesothelioma Victim Wins $90 Million Verdict in Illinois Asbestos Lawsuit

Congratulations to Bloomington, Illinois attorneys James Wylder, Lisa Corwin, and Andrew Kelly for their verdicts totaling nearly $90 million and their work on behalf of contracted pipe fitter, Charles Gillenwater, 59, against four companies, Honeywell, Abex, Owens-Illinois, and John Crane. A McLean County jury awarded $90 million to Mr. Gillenwater against the four companies accused of exposing him to asbestos while working as a pipe fitter in the 1970s at several work sites, including Illinois State University, Bridgestone-Firestone and The Eureka Co., according to his lawyers, James Wylder and Andrew Kelly with Wylder Corwin Kelly of Bloomington.

The jury awarded compensatory damages of $9.6 million against defendants Honeywell International Inc., Pneumo Abex, Owens-Illinois Inc. and John Crane Inc. Punitive damages of $20 million were found against Honeywell, Peneumo Abex and $40 million against Owens-Illinois.

After a five week trial, the jury found that Honeywell, Pneumo Abex and Owens-Illinois suppressed or conspired with others to suppress information about the hazards of asbestos, including an agreement not to warn employees and customers about the dangers of the substance.

Mesothelioma Verdict in California

On March 7, 2011 A San Francisco jury awarded the plaintiff  $1.37 million  in a mesothelioma case. The exposure came  from Kent Micronite Filter  which at one time contained asbestos. The defendants in the case were  Lorillard Tobacco Co. and Hollingworth & Vose.  Congratulations to the trial team of Bill Levin, Laurel Simes and Tim Pearce for a hard fought victory on behalf of their living mesothelioma client against an army of defense lawyers over a seven week trial.

Gordon and Emily Bankhead of California Awarded $13.5 million: All Four Defendants, Pneumo Abex, Arvin Meritor, and Co-Defendant Carlisle Corporation (which resolved before Phase 2), Acted with Malice, Fraud and Oppression, According to Court Documents

On January 6, 2011 an Oakland jury returned a verdict awarding Mr. Gordon Bankhead and his wife, Emily Bankhead $13.5 million dollars during a second phase verdict assessing punitive damages against Phuemo Abex LLC ($9 million) and Arvin Meritor/Rockwell ($4.5 million). In the first phase of the trial, completed on December 22, the jury awarded $3.9 million in compensatory damages, and found that all four defendants, Pneumo Abex, Arvin Meritor, and co-defendant Carlisle Corporation (which resolved before Phase 2), acted with malice, fraud and oppression, warranting the second phase determination.

From 1965 – 1999 Gordon Bankhead was a parts worker who unpacked heavy duty truck brakes at a container seaport, Sea-land Shipping Company in Oakland, California. He was exposed to asbestos-containing brakes during the course of his work. He was present during the inspections, replacements, grindings and blowing out of asbestos dust. All of these activities caused him to breathe deadly asbestos dust.

Several lawsuits across the U.S. have been and continue to be filed against brake lining manufacturers Abex and Carlisle. In this case, they manufactured the vast majority of the brake linings Mr. Bankhead was exposed to, which in turn Rockwell and Fruehauf attached to brake shoes and axles that were sold to Mr. Bankhead’s employers.

The number of miners, millers, factory workers, insulators, Navy-men and shipyard workers, some of whom began filing workers’ compensation claims as far back as the 1930s, continues to rise. The modern era of asbestos lawsuits began in the 1970s with claims from these same groups of workers.

According to a Press Release that was sent out “Evidence at trial showed that Pneumo Abex had been aware of the deadly health effects of breathing asbestos dust since at least the 1940s, but that Pneumo Abex did not begin warning its customers of those effects, if at all, until years after Mr. Bankhead was exposed to the asbestos-containing brakes it made and sold. Abex and Carlisle were involved in discussions within the Friction Materials Standards Institute in the 1970s about whether to warn about the health hazards from its brakes. Rockwell knew starting in the early 1970s that its employees were exposed to dust from Abex and Carlisle brakes, but did nothing to warn its customers of the same hazards. As early as 1977, Rockwell learned that one of its employees who handled brakes was diagnosed with mesothelioma, the same disease Mr. Bankhead developed. Despite their knowledge of the hazards of asbestos, Carlisle and Pneumo Abex continued to sell asbestos-containing brakes until 1987; Rockwell did not cease selling asbestos brakes until 2000.”

Gordon Bankhead is among hundreds of former parts workers, mechanics, automotive and body shop employees known to have developed mesothelioma after working on brakes, clutches and gaskets, which contained the most common form of the mineral — chrysotile, or white, asbestos — well into the 1990s. Many have sued auto manufacturers and parts makers, litigation that reflects the unceasing burden of asbestos disease in the United States, and many of the U.S. top manufacturers have used asbestos-containing brakes, linings, or gaskets at one time or another, and many continue to do so.

The fact that asbestos causes mesothelioma and that corporations continue to use asbestos-containing products in the manufacturing, service or repair of brake linings is unconscionable. According to The World Health Organization “(1) all types of asbestos cause asbestosis, mesothelioma, and lung cancer; (2) there is no safe threshold level of exposure; (3) safer substitutes exist; (4) exposure of workers and other users of asbestos-containing products is extremely difficult to control; and (5) asbestos abatement is very costly and difficult to carry out in a completely safe way.”

Dr. Richard Lemen, a retired Assistant Surgeon General of the United States and Deputy Director of the National Institute for Occupational Safety and Health (NIOSH) in 1996, and now a proponent against the use of toxic substances, has written that “even the so called controlled use of asbestos containing brakes poses a health risk to workers, users, and their families.” In his role as a senior public health administrator, Dr. Lemen testified regularly before Congress on issues related to toxic substances, including asbestos. “Another 270,000 to 330,000 deaths are expected to occur over the next 30 years,” he told a Senate committee in 2007.
In court now, aside from a few heavily exposed claimants, are mechanics, teachers from asbestos-filled schools and the wives, relatives, friends, and children of workers who brought home asbestos on their clothing. Most of these people had relatively light exposures and developed mesothelioma, a disease that can take more than 50 years to appear in some cases.

In 1948, a newsletter from the National Safety Council, a public service organization, cautioned, “Asbestos used in the formulation of brake lining is a potentially harmful compound.” A bulletin the National Institute for Occupational Safety and Health issued in 1975 warned that brake work could produce “significant exposures” to asbestos and recommended that employers use dust-control measures. Nearly 1 million workers were at risk, the institute said. It held meetings on the subject in 1975 and 1976; among those present were representatives of Ford, GM and Johns Manville, then the nation’s biggest manufacturer of asbestos products.

Experts say that the current U.S. workplace standard for asbestos — 0.1 fiber per cubic centimeter of air, which the Occupational Safety and Health Administration adopted in 1994 — still allows a worker to inhale more than 1 million fibers over the course of a day. The CDC’s National Institute for Occupational Safety and Health estimates that exposures at this level will produce five lung cancer deaths and two asbestosis deaths for every 1,000 workers over a lifetime. Federal officials think that 1.3 million workers in general industry and construction and 45,000 miners are still exposed to asbestos in the U.S.

Warnings about asbestos in brakes go back decades and remain in effect. In this case, we congratulate the jury for awarding this family some justice.

(Parts of this blog entry refers back to an article titled “Dangers in the Dust,” a joint investigation by the BBC’s International News Services and the International Consortium of Investigative Journalists. The consortium is a collaboration of some of the world’s top investigative reporters. Launched in 1997 as a project of The Center for Public Integrity, the consortium globally extends the center’s style of watchdog journalism, working with 100 journalists in 50 countries to produce long-term, transnational investigations.)

Asbestos On Broadway- Mesothelioma Preview

A number of years ago the famous actor Steve McQueen died from mesothelioma a form of cancer only caused by exposure to asbestos. At the time there was much speculation about the source of his exposure. Was it the snow that was used as a prop that was really asbestos? Was it the theater curtains he moved around? Several years later I was visiting London with my family and attended a play in the London Theater district. I was fortunate to sit close to the stage. As the band was warming up I noticed what appeared to be asbestos curtains. I knew this from my experience representing mesothelioma victims. So I went for a closer look. Sure enough the tag was still on the curtains indicating they were in fact made from asbestos and manufactured by a company known as Amatex. I thought to myself how primitive. These Brits obviously don’t worry about these things the way we do. The show was great and the people in London could not have been nicer.

This week I learned that there is a case pending in NY City of a person who claims to have developed mesothelioma from theater curtains. My first response was that this must have been a result of exposure to curtains removed long ago. Asbestos curtains must have been removed from Broadway long ago? Well apparently that is not the case. Apparently asbestos curtains will be removed from Broadway in 2011 in accordance with the following schedule:

Schoenfeld Theater – 236 West 45th Street New York, NYJanuary 7 at 10 am.

Music Box Theater – 239 West 45th Street New York, NYJanuary 21 at lO am.

Here is a portion of  the letter from the asbestos defense lawyer:
http://www.mesotheliomalegalblog.com/wp-content/uploads/2010/12/Asbestos-Abatement-Schoenfeld-Theater.pdf

Now everyone is on notice.

Hmm. Those Americans-how primitive!

Shame on Canada- Is the Money Really Worth the Cancer?

For years the Canadian asbestos mining companies have refused to pay fair compensation to US citizens whom they have poisoned for decades. They hide behind the laws of Quebec and tell US mesothelioma victims come chase us in Canada if you want just compensation. This is despite the fact that these Canadian mining companies pumped millions of tons of asbestos into the United States responsible for the death of tens of thousands of US citizens. The proof is quite clear that these companies knew about the dangers of asbestos going back to the 1930s and were actively involved in a cover up to prevent workers from learning about the true dangers associated with these products. The story below is but another example of how money in Canada has surpassed the concern for people.

LONDON – A medical journal is criticizing Canada for exporting asbestos to poor countries, joining others who have condemned the practice as hypocritical.

A report in the journal Lancet on Thursday notes that Canada virtually bans the use of asbestos. But, unlike other rich nations, it remains a major exporter of chrysotile, or white asbestos.

The Canadian Minister of Natural Resources office said its practice has a “sound scientific basis.”

Asbestos is a natural mineral which can be processed for use in rooftops, piping, or building materials. Inhaling its fibers scars the lungs and can lead to respiratory diseases, including cancers.

The World Health Organization says all types of asbestos cause cancer and more than 50 countries have banned it. About 100,000 people die every year from asbestos-related diseases and 125 million people remain exposed to the deadly substance worldwide.

Canada is the world’s fourth biggest exporter of asbestos, after Russia, Kazakhstan and Brazil. Last year, Canada shipped 150,000 tons to countries including India, Indonesia and the Philippines, where few laws exist to protect people from asbestos.

In Canada, the government has spent millions of dollars removing asbestos from buildings across the country, including its Parliament.

Numerous Canadian organizations, including the Quebec Medical Association, Canadian Cancer Society and the Canadian Medical Association have labeled Canada’s asbestos exportation as deplorable, shameful and unethical. They describe it as Prime Minister “Stephen Harper’s killer legacy.”

“Canada should not be exporting asbestos to developing nations where there are few or no workplace regulations,” Richard Horton, editor of the Lancet, said in a statement.

He called for an end to “this immoral export of asbestos-related death and disease to some of the most vulnerable people in the world.”

The report was written by the Lancet’s Tony Kirby.

With asbestos deposits dwindling in Quebec, where Canada’s asbestos is mined, the industry appeared doomed. But an international consortium proposed converting a closed mine into a new operation that could produce about 260,000 ton of white asbestos a year. Quebec is considering providing a $57 million loan guarantee for the project, according to previous published statements by the provincial government.

The international consortium that wants to reopen the mine claims Canadian asbestos is only sold to manufacturers with responsible use practices in place. Developers said all the mined asbestos would be sent abroad, with about half of it going to India. The consortium also said they would use pictures to instruct people on the safe and responsible usage of asbestos.

The office of the Canadian Minister of Natural Resources said they believe the risks linked to asbestos can be managed.

“Canada’s policy of controlled use has a sound scientific basis and is a responsible approach,” said Paul Duchesne, a spokesman for the minister in an e-mailed statement.

“Through the enforcement of appropriate regulations to rigorously control exposure to (white asbestos), the health risks associated with processes and products can be reduced to acceptable levels,” Duchesne said.

The Canadian government says the risks from white asbestos can be managed in controlled conditions, like if the substance is covered by another material so the asbestos layer is not releasing dust.

Kathleen Ruff, a senior human rights adviser to the Rideau Institute, an independent research and advocacy organization in Ottawa, said that exporting asbestos and refusing to alert poor countries to its dangers, Canada is intentionally doing harm.

In 2006, Canada led an effort to block a United Nations convention that would have made it mandatory to warn countries of hazardous substances like asbestos, she said.

“Canada has blood on its hands,” Ruff said. “What we are doing is unconscionable. The whole world should condemn us.”

Protesters plan to hit the street this week in Asia, London and Quebec, to demand a global ban on asbestos in any building materials.