First, the note contains the statement that “ACGIH et al asbestos is a carcinogen!" (That's the American Conference of Industrial Hygienists.)  Next, it contains the statement "Asbestos - causes cancer."  So the author of the note knew that asbestos causes cancer.  No surprise there, since this memo was written in 1983 and the carcinogenic properties of asbestos had been known for many decades by that point.

The surprise comes at the handwritten formula the author used to determine whether or not to sell a carcinogenic product.  Fans of the movie Fight Club might remember the scene in which Edward Norton discusses “The Formula.”  I couldn’t find a link to that scene on Youtube, but I found a very clever video that uses a custom animation along with the original dialog from the film.  Go ahead and watch it – I’ll wait.

In Fight Club, the auto manufacturer doesn’t recall a defective vehicle if the cost of the recall is less than the cost of litigation.  Here, someone decided to sell a known carcinogen because it believed it was more profitable to sell the product and settle lawsuits than it was to either reformulate the product or exit the market:

Defenders of cost/benefit analyses always point out that EVERY product carries with it certain risks of injuring consumers.  That’s true, and there can be a legitimate use for such an analysis.  But they are only appropriate if the product actually has enough utility to justify the sale of the product.  Raw asbestos is so incredibly dangerous that it simply should not be sold regardless of whether doing so is profitable.

Now, I wasn’t privy to all of the evidence introduced in this trial.  The jury may not have considered this to be an important piece of evidence.  I suspect that it was because it was forwarded to a friend of mine by a member of the trial team.  Here’s the entire note in PDF format.

So I was VERY surprised this morning when I saw a MAJOR New York asbestos firm leave a junk comment on this site.  The comment said:

"Fiber burden analysis is important and it's much easier with the involvement of a lawyer:" and then linked back to their website.

Obviously, such a comment adds ZERO value to this blog.  Worse yet, they didn't just stumble across my blog and decide to leave a comment.  The firm is specifically looking for blogs to leave junk comments on.  Here's the Google query the commenter used to find me: "mesothelioma lawyer "leave a comment" -you must be logged in to post"

I'm going to contact one of the partners at the firm and let them know that whoever they hired to do their Internet marketing is resorting to bottomfeeding.  With luck, he'll put a stop to it.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

I had an opportunity to look up some information regarding asbestos exposure sites in Alabama today and thought I'd share it.  If you or a loved one worked at any of the following locations and are now suffering from an asbestos-related illness, I may be able to help you.

I have some additional information for anyone who may have been exposed to asbestos in Tuscaloosa, Montgomery, Birmingham, Hunstville, or Mobile.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

The remaining defendant in the lawsuit was John Crane, a company that made asbestos gaskets and packing.  Individuals who had to work with industrial equipment would become exposed to asbestos from John Crane's products. 

The case was Jerry Johnston, et al. v. Alfa Laval Inc., et al., No. 2008-36868, Texas Dist., Brazoria Co.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

• Ford - 10%
• Navistar - 10%
• Exxon Mobil - 18%
• Pittsburgh Corning - 17%
• Safeway Scaffolding - 17%
• Econo Portable Builders - 7%
• Georgia-Pacific Corp. - 6%
• U.S. Gypsum - 6%
• Kentile Floors - 6%
• Napa - 1%
• Bendix - 1%
• Pete Green's Service Station - 1%

When a jury finds more than one defendant to be liable, it must apportion a percentage of fault.  The defendants often are then responsible for their percentage of the verdict.  Sometimes one defendant isn't able to pay its fair share of the verdict.  Some states will force other defendants to pay that portion, while other states do not.  This is one of many reasons why it is important for an asbestos lawyer to determine which state is the best state to file a specific person's asbestos lawsuit.

The name of the case was William Harrell and Judith Harrell v. Allied Packing and Supply Inc., et al., No. BC423696, Calif. Super., Los Angeles Co.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

The case was Robert L. Wood, et al. v. John Crane Inc., et al., No. 10-C-91, W.Va. Cir., Kanawha Co.).

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

Asbestos lawsuits like this are fairly common.  For many years, gaskets and packing material used in marine valves and pumps contained asbestos.  Individuals who worked with those valves and pumps often became exposed to the asbestos by scraping or otherwise cleaning out older gaskets and packing material.  The confined areas of ships makes it even more likely that asbestos fibers will be recirculated for other crew members to breathe.

Unfortunately for the plaintiff in this lawsuit, the money came too late.  He died before the verdict, but his wife continued the lawsuit.  One of the things that I do as an asbestos lawyer is to talk to my clients and their families about whether they would like to continue their asbestos lawsuit if the injured person passes away before a jury can render a verdict.  It's always better to sort details like that out while the injured person is still alive and able to make decisions.

The name of the case was Richard Schuderer, et al. v. John Crane Inc., et al., and the case number was 2008-8545.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

Asbestos. - Following up information received from the Registrar-General, it was found that five deaths of persons suffering from pthisis [A type of tuberculosis.] had occurred in five years among a staff of under 40 workers employed at a factory where asbestos is woven.  The process, which appeared most dangerous, is the production of asbestos mattresses.  These mattresses which are composed of bags of woven asbestos filled with short asbestos fiber, are placed on a table and beaten out flat by a man with a wooden flail when process much dust arises.

Five deaths out of 40 people in five years.  Again, another early warning sign that asbestos dust kills.  Early reports such as this are used in asbestos and mesothelioma lawsuits to counteract the state-of-the-art defense.

This citation for this article is: Collis, 1911.  Dusty Processes.  In: Factories and Workshops: Annual Report For 1910.  Great Britain.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us

Let's put things in perspective.  In 1907, asbestos was still a relatively new substance.  Ten young men who worked with it all died of a mysterious respiratory problem that had never been seen before.  Shouldn't that have raised a few red flags?  Perhaps in some circles it did.  But those who ran asbestos companies had little interest in providing protection for asbestos workers because doing so would have implied to customers that asbestos was unsafe.

The law terms the attitude of asbestos executives as conscious indifference.  They knew that asbestos was killing workers, yet they didn't care.  Perhaps nothing illustrates the dark nature of greed more than the story of asbestos.  Yet some of these same individuals who literally killed their workers for money complained of the greed of those who file asbestos lawsuits.  There might not have been any asbestos lawyers or lawsuits if asbestos companies had put safety ahead of profits.

The citation for Dr. Murray's report is: Murray, H.M., 1907.  Statement before the committee in the minutes of evidence.  In: Report of the Departmental Committee on Compensation for Industrial Disease.  London: H.M. Stationery Office, P.127.

If you have any questions about this blog post - or anything else on this site - please e-mail me at justinian@justinian.us