Mesothelioma Lawsuit Blog

Closure of asbestos lobbying group signals decline of Canadian asbestos industry

Craig Whitney — Thu, 03 May 2012 13:27:32 -0600

The Chrysotile Institute—a lobbying group for the Canadian asbestos industry—made an official announcement this week of its plans to close. The Quebec-based group—which was formed in 1984—made the announcement in the Canada Gazette, the Canadian government’s official publication for announcing new laws and other information.

Pat Martin—a member of the Canadian Parliament and himself a former asbestos worker—said that the Chrysotile Institute’s announcement was a clear sign that the Canadian asbestos industry was on the wane:

I've lost an awful lot of friends and colleagues to asbestos in my time as an asbestos miner and a carpenter in the building trades…. I see [this announcement] as a real tipping point in the movement to get Canada out of the asbestos industry. It's just another demonstration of the death rattle of the asbestos industry in this country.

Although asbestos exposure has been linked to a number of potentially fatal diseases—including mesothelioma cancer, lung cancer and asbestosis—the Chrysotile Institute has long argued that asbestos was safe when handled properly by workers. However, according to estimates by the World Health Organization, more than 100,000 people die from mesothelioma or other asbestos-related diseases every year. More than 50 countries have banned the use of asbestos due to its carcinogenic properties.

Because of widespread bans on asbestos in the developed world, most of the asbestos mined in Canada is shipped to developing countries where rules governing the use of asbestos are less strict. In 2010, the United Nations moved to add chrysotile asbestos to its list of restricted chemicals; however, this motion was blocked by the delegation from Canada.

Although Canada has continued to export asbestos to developing countries in recent years, widespread asbestos regulations in other countries have caused the nation’s asbestos industry to fall into decline. All of the asbestos produced by Canada is mined the towns of Thetford Mines and Asbestos; both mines have currently halted production for the first time in 130 years.

Mesothelioma and Asbestos News Updates

Jeremy Burchard — Wed, 25 Apr 2012 13:50:25 -0600

Here are some of the mesothelioma and asbestos news stories that we are currently following:

Australian researchers develop promising mesothelioma blood test (April 25, 2012): Researchers in Australia have developed a new blood test that may be able to identify patients with mesothelioma cancer. The new test could allow doctors to diagnose mesothelioma cases without the need for invasive biopsies or other tests, allowing for faster diagnoses and earlier treatment.

Avondale Shipyards still slated for 2013 closure, CEO says (April 20, 2012): The Avondale shipyard—which was at one time the largest employer in the state of Louisiana—is still scheduled to be closed in 2013, the CEO of its parent company has stated. Opened in 1938, the shipyard once employed more than 26,000 workers and was the site for the construction of more than 2,500 ships.

Workers file asbestos lawsuit over hockey arena contamination (April 16, 2012): More than 75 workers have filed an asbestos lawsuit alleging that the NHL arena they work in contains the deadly material. The lawsuit claims that Nassau County never removed asbestos from the Nassau Veterans Memorial Coliseum—which holds as many as 16,000 fans for New York Islanders games.

Lawyers for asbestos industry used stalling tactics to hasten former Marine's death, family alleges

Craig Whitney — Mon, 23 Apr 2012 11:57:05 -0600

The family of a former Marine who died three months ago from mesothelioma cancer has alleged that lawyers for the asbestos industry may have deliberately hastened his death through hours of testimony, the Los Angeles Times has reported. John Johnson died on January 25, 2012, just one day after he collapsed 40 minutes after the final deposition in his case.

Johnson worked as a carpenter, mechanic and plumber over a thirty year period, and was also a veteran of the U.S. Marine Corps. After being diagnosed with mesothelioma—a deadly cancer caused by asbestos exposure—Johnson and his wife filed a lawsuit in California against 44 asbestos manufacturers that he alleged were responsible for his asbestos exposure.

According to the Los Angeles Times report, lawyers for the asbestos companies conducted depositions on Johnson far in excess of the maximum number of hours his doctor advised:

“Despite affidavits from his doctor stating that 12 hours of depositions over a few weeks would be about as much as the 69-year-old's health could stand, a Los Angeles Superior Court judge allowed the companies he was suing a total of 25 hours.”

Johnson’s wife Sue say that these lengthy depositions were a deliberate stalling tactic designed to prolong the deposition process until her father’s death:

“From her perch in the back of the room during the December sessions, Sue Johnson said she saw lawyers playing games on their laptops, shopping online, reading and answering emails before rising to repeat the same questions their colleagues had already asked.”

Johnson’s mesothelioma attorney states that his client’s death will severely restrict the potential damages that could result from “his family's claims for pain and suffering, mental anguish and bodily disfigurement, reducing their potential recovery in or out of court by as much as 70%.” The family’s date in court will now be delayed as well: Johnson was granted an expedited trial date in March after his doctors told that court that he would only live a few months longer; following his death, the trial date was pushed back to late August.

Unions applaud landmark £5 billion mesothelioma verdict

Craig Whitney — Tue, 17 Apr 2012 15:47:03 -0600

The Supreme Court of Great Britain has ruled that insurance companies must pay as much as £5 billion ($7.97 billion) to families whose relatives died of mesothelioma or other diseases caused by asbestos exposure. The Court’s 4-1 ruling brought an end to a five year legal battle in which insurance companies sought to avoid payment of some claims involving asbestos-related diseases.

Britain and Ireland’s largest trade union, Unite, challenged attempts by the insurance companies to avoid paying claims that date back to as early as the 1940s. Insurers argued that they should only be forced to pay claims for policies that were in effect when symptoms of mesothelioma or another asbestos disease first appeared, rather than policies that were active when the individual was exposed to asbestos.

The Supreme Court rejected the insurers arguments, stating that they were still liable for illnesses resulting from asbestos exposure even if symptoms began to appear only decades later. The ruling will allow thousands of British families to file claims on behalf of loved ones who died as a result of asbestos exposure.

Kevin Rowan, the regional secretary of the Northern UTC trade union, praised the Court’s ruling as a victory for British citizens who have been exposed to asbestos:

This is the best possible outcome for the thousands of people diagnosed with mesothelioma and other asbestos-related diseases every year—and their families who have to endure the pain and suffering with them. It was nonsense that this even had to be taken to the Supreme Court in the first place, and we are delighted that common sense and decency has prevailed.

Unite’s challenge to the insurance companies’ position was filed on behalf of Charles O’Farrell, a union member who died in 2003. O’Farrell’s daughter, Maureen Edwards, praised the Court’s ruling and criticized the insurance industries reticence to pay asbestos claims such as her father's:

There was never any question about who was to blame—all this long battle was about the insurers wanting to get out of paying. It is very difficult for us to understand the insurance industry’s attitude to dying people....

Mesothelioma and Asbestos News Updates

Craig Whitney — Thu, 12 Apr 2012 12:31:37 -0600

Here are some of the mesothelioma and asbestos news stories that we are currently following:

Britain expands asbestos liability in victory for plaintiffs (April 5, 2012): The UK Supreme Court has ruled that insurers are liable from the moment a patient is exposed to asbestos, not when any asbestos-related disease develops. The ruling will enable thousand of patients to file asbestos lawsuits against companies that exposed them to asbestos.

Australian mountain climber dies of mesothelioma (March 29, 2012): Lincoln Hall, a famed Australian mountain climber who was left for dead on top of Mount Everest but survived and later returned, has died of mesothelioma at age 56. Hall received the mesothelioma diagnosis in 2011, more than 40 years after he was first exposed to asbestos.

Mesothelioma death toll at British factory rises to 141 (March 14, 2012): The death toll from asbestos exposure among former workers at a British train car manufacturer has climbed to 141. Arnie Gomersall—who worked at the York Carriageworks factory for 33 years—died recently from mesothelioma at age 64. Gomersall worked on carriages that contained asbestos.

Asbestos Awareness Week resolution passed by the Senate (March 14, 2012): The U.S. Senate passed a resolution designating the first week of April as “Asbestos Awareness Week.” The resolution was introduced by Senator Max Baucus of Montana. This marks the sixth year in a row Baucus has introduced the legislation.

Asbestos exposure increases heart disease risk, British study finds

Craig Whitney — Mon, 09 Apr 2012 14:25:10 -0600

A new study published in the Journal of Occupational and Environmental Medicine has found that workers who were exposed to asbestos face an increased risk of developing heart disease or stroke. Researchers at Britain’s Health and Safety Laboratory compared the number of cardiovascular deaths among asbestos workers over a 30 year period to the rate that would be expected in the general population.

Health experts have long theorized that asbestos exposure could increase the risk of cardiovascular problems, but were unable to confirm these assertions with hard data. The results of the British study are the first scientific evidence linking asbestos and heart disease.

According to the study, male asbestos workers were 39% more likely to die from heart disease and 63% more likely to die from a stroke than the general public. Women who worked around asbestos were about twice as likely to die from heart disease or stroke as those who were not exposed to asbestos. Evidence from the study suggested that the risk of both heart disease and stroke increased the longer an individual worked around asbestos materials.

Exposure to asbestos has also been linked to a number of cancers and respiratory diseases, including asbestosis, lung cancer and mesothelioma, a deadly form of cancer. Workers who were employed at asbestos jobsites or who were exposed to asbestos materials in the U.S. Navy may develop mesothelioma decades later due to the long latency period associated with the disease. Workers who have been diagnosed with mesothelioma or other asbestos disease may be eligible to file a lawsuit and receive compensation for their injuries.

Data for the British asbestos study was collected from nearly 100,000 asbestos workers who took part in a health monitoring and data gathering program known as the Asbestos Workers Survey. The majority of men taking part in the study worked in asbestos abatement, while the majority of women worked in manufacturing jobs.

Mesothelioma and Asbestos News Updates

Jeremy Burchard — Thu, 05 Apr 2012 12:14:26 -0600

Here are some of the mesothelioma and asbestos news stories that we are currently following:

Illinois junior high evacuates classrooms due to asbestos contamination (March 12, 2012): The Illinois Department of Public Health has advised an Illinois junior high school to evacuate and isolate several classrooms after finding asbestos in them. Independent air tests by the IDPH confirmed airborne asbestos in 10 separate classrooms.

Railroad worker’s family files wrongful death asbestos lawsuit (March 9, 2012): The family of New Mexico railroad worker who passed away from complications due to respiratory failure and asbestosis has filed a wrongful death asbestos lawsuit against his former employer. The family of Santiago Riley alleges that BNSF Railway failed to provide safe working conditions and exposed Riley to products containing asbestos.

New Hampshire construction company guilty of dumping asbestos (March 1, 2012): A New Hampshire construction company has been found guilty of improperly disposing of asbestos products at an open landfill. Walter Jensen of Summer and Winter Construction was fined $18,000 after his company deposited asbestos at a public site, which is prohibited by law.

Whistleblower claims asbestos dumping at New Mexico waste site (February 23, 2012): An anonymous whistle-blower complaint has alleged that a New Mexico waste center is improperly accepting asbestos materials at their disposal site. City investigators found varying amounts of asbestos at the Eagle Rock Convenience Center, which is prohibited by law from accepting products containing asbestos.

Deal in the works to keep Avondale Shipyard open past 2013

Craig Whitney — Mon, 02 Apr 2012 12:14:25 -0600

Several media sources in the New Orleans area have reported that a deal is in the works to keep the nearby Avondale Shipyards open past its proposed 2013 closure date. According to a story published by Fox News 8, the deal would convert Avondale from a military to a commercial shipbuilding facility, and allow approximately 3,800 of the shipyard’s 5,000 current employees to keep their jobs.

Avondale Shipyards is one of the oldest and largest shipbuilding facilities in the state of Louisiana. According to a recent history of the site:

The Avondale Shipyards was founded in 1938 under the name Avondale Marine Way about 20 miles north of New Orleans near the town of Westwego, LA. During one period, Avondale was the largest jobsites in the state of Louisiana, with about 26,000 total shipyard workers employed at the site.

Avondale initially built only tugs and barges, but after the outbreak of World War II, it began making small cargo ships for the U.S. Merchant Marines. After the war, the shipyard was expanded to its current location at the Harvey Repair Yard along the Harvey Canal... More than 2500 ships were built at Avondale in the 70 years since it opened.

The Avondale Shipyard is one of a number of shipyards and other jobsites in the state of Louisiana where parts and other materials containing asbestos were used for decades. Asbestos is a naturally occurring mineral that was frequently used for insulation and in heat-resistant products until the public became aware that it could cause cancer.

According to recent lawsuits, Avondale shipyard workers may be at risk of contracting with mesothelioma or other asbestos-related diseases as a result of the asbestos-containing materials used at the site. Because of the long latency period of asbestos diseases, workers who were employed at the Avondale Shipyard or Harvey Repair Yard decades ago may only now be developing symptoms of mesothelioma or other asbestos cancers.

Workers at the Avondale shipyard or Harvey Creek repair yard who may have been exposed to asbestos could be eligible to receive a free mesothelioma and asbestos information packet.

St. Louis woman diagnosed with rare form of mesothelioma

Craig Whitney — Fri, 09 Mar 2012 11:02:03 -0600

A St. Louis woman has been diagnosed with a rare form of cancer known as peritoneal mesothelioma. Julie Gundlach is now spearheading a fight to ban asbestos, a toxic substance that is the only known cause of mesothelioma.

Julie Gundlach

Mesothelioma and Asbestos News Updates

Craig Whitney — Mon, 05 Mar 2012 16:03:39 -0600

Here are some of the mesothelioma and asbestos news stories that we are currently following:

Italian court convicts executives in asbestos-related deaths (February 22, 2012): An Italian court has sentenced a building company’s former owner and its top shareholder to 16 years in prison in connection with asbestos-related deaths. Eternit AG’s former owner Stephen Schmidheiny and shareholder Jean-Louis Marie Ghislain de Cartier were charged with negligence and deemed partially responsible for deaths and illnesses of numerous employees from asbestos-related diseases.

Famed forensic sculptor dies from mesothelioma (February 22, 2012): Frank Bender, a forensic sculptor who helped solve dozens of murder cases, has passed away from pleural mesothelioma. Bender contracted the rare form of cancer after being exposed to asbestos while working on US Navy ships from 1959 until 1961.

CDC Data Shows Workers Exposed to Asbestos on the Job May Qualify for a Lawsuit (February 20, 2012): Data released by the Centers for Disease Control and Prevention has shown that despite federal restrictions on the commercial use of asbestos, workers who were exposed to asbestos-containing products on the job decades ago may still be at risk of being diagnosed with mesothelioma or other asbestos-related diseases. Workers who were exposed to asbestos on the job and have developed mesothelioma, lung cancer or other illnesses may be eligible to file a lawsuit based on their injuries.

Bankruptcy settlement would give $19.5M to Montana asbestos victims fund (February 19, 2012): A proposed settlement in the bankruptcy case of a Montana asbestos company would add $19.5 million to a trust fund for victims of asbestos exposure caused by a mine it operated. W.R. Grace and Co. says adding the money to a fund will offer long-term support for residents of Libby, Montana who suffer from complications related to asbestos exposure.