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Archive for the 'Mesothelioma / Asbestos' Category

Emeryville Company Will Pay Families of Asbestos Victims $4.3 Million

Friday, January 9th, 2009

The families of three workers in the Bay Area who died of asbestos-related lung cancer have been awarded a settlement of $4.3 million by an Emeryville company. The company, Plant Insulation Company, which was earlier an insulation products contractor was found liable for the deaths of William C. Hearn, a Concord resident, James Harris, of Sacramento County and George Wetch of Sebastopol. Hearn was exposed to asbestos at 59 industrial sites that he worked at during his employment. Wetch was employed at oil refinery plants and chemical factories in Contra Costa County, and Harris worked at Bay Area oil refineries.

Every year, approximately 2500 people die due to diseases caused by the inhalation of asbestos fibers. Asbestos for many decades was commonly used in the construction industry, for insulation materials and other uses. Workers who were exposed to asbestos, especially in the construction industry have been found to contract malignant forms of asbestos-related lung cancer called mesothelioma. This disease affects the lining of the lungs. As asbestos fibers are inhaled over a long period of time, these asbestos fibers cling to the lining of the lungs, making it hard and plaque-like. Mesothelioma doesn’t result after just a few exposure incidents to asbestos. Rather, the disease is caused by several years of slow and prolonged exposure to these deadly fibers.

It’s not just those who work in the construction industry who are at risk of contracting mesothelioma. Workers who are employed in the asbestos containment industry, or whose job involves removing dangerous asbestos from buildings are also exposed to these contaminants. Removing asbestos from structures can be extremely dangerous, because the fibers can quickly disperse into the air, leaving them free to be inhaled by workers. Modern buildings have stricter standards that make minimum or no use of asbestos, but older buildings that were built in the years when asbestos was an important part of the construction industry, still contain levels of asbestos which may continue to be harmful to the people who live or work in these buildings. People, who work in government buildings that were built before the seventies, or schools, may be at risk for continued exposure to asbestos.

Over the years, thousands of lawsuits have been filed against employers, and companies that include asbestos in their construction by plaintiffs who have been diagnosed with debilitating illnesses because of this exposure. Besides malignant mesothelioma which can be fatal, exposure to asbestos can also cause non-malignant mesothelioma, as well as asbestosis and other lung conditions. Besides employers who expose workers to asbestos fibers, owners of buildings that continue to contain asbestos can also be held liable for any disease arising out of this exposure. This includes residential and office buildings, schools, government offices and other buildings that may continue to harbor asbestos fibers. Even a demolition company that’s responsible for the demolition of buildings with asbestos, can be held liable if it failed to provide proper safety to people in the vicinity. A California mesothelioma lawyer will be able to answer questions regarding eligibility for compensation for these diseases.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of asbestos. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Supreme Court Maintains 2004 Asbestos Law is Retroactive

Friday, October 17th, 2008

In a move that’s bound to affect thousands of asbestos injuries cases filed in Ohio, the state’s Supreme Court has ruled that a 2004 law that places strict limitations on the kind of persons who can bring these lawsuits, may be applied to those cases that were already filed before the law was passed.

The decision was announced after a 6-1 ruling, and is likely to affect as many as 40,000 cases that were already pending before the 2004 law went into effect, that made it harder for people to sue corporations for asbestos-related injuries or illnesses. Under the law, a plaintiff would have to have been treated by a medical expert for asbestos-related illnesses. The expert is also required to prove that the asbestos exposure did indeed contribute to the illness, and not merely review the file. These new rules made it harder for people to claim damages for asbestos-related personal injury if they couldn’t prove the severity of their condition. The law applied these requirements to cases that had been filed prior to the date of enactment which was September 2, 2004.

The ruling concerns the asbestos injury-related case of Ironton resident Linda Ackison, and the mesothelioma lawsuit that she filed against her dead husband’s employer. Ackison’s lawyers claimed that her husband Danny had died as a consequence of asbestos exposure at the company where he worked, Dayton Malleable. The wrongful death lawsuit was filed several months before the new law came into effect.

When the law was finally enacted in September of 2004, Ackison’s lawyers sued, claiming that the retroactive action of the law would be unfair to Linda and that her case should have the previous rules applied to it. The Supreme Court has now decided that the retroactive effect will stay.

Obviously, the lawyers for the several companies that were named by Ackison in her suit are more than pleased with the verdict. Ackison’s asbestos lawyers however, called it “totally inaccurate” to consider those whose filed lawsuits are not sick.

Asbestos is an insulating and fire proofing material that was used extensively in the seventies. Research has established that asbestos fibers settle down in the lungs after prolonged inhalation, causing the lung lining to become hard and leading to a host of illnesses including mesothelioma, lung cancer, and various other diseases that have been linked to the fibers.

It’s unfortunate that the Ohio Supreme Court has decided to go with a law that could effectively ruin the hopes that thousands of asbestos-injured people or their survivors have for justice. The Court seems to have placed the convenience of the billion dollar corporations ahead of the concerns of sick people, who are faced with life-altering asbestos-related diseases through no fault of their own.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of asbestos related injuries. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

CSI Fingerprint Kit Toy Might Contain Asbestos

Thursday, January 3rd, 2008

Everyone is familiar with the ill effects of asbestos and the many diseases, including mesothelioma cancer, it has been linked to. Malignant mesothelioma cancer has been found to be strongly connected to exposure to asbestos fibers. So strong is this connection that companies constructing buildings using asbestos sheeting for insulation are requited by law to let people in the vicinity know about it, so they can take necessary precautions.

This makes it all the more baffling that asbestos has been found in children’s toys. The Asbestos Disease Awareness Organization (ADAO) has sent a strongly worded letter to CBS, and distributors and licensers of the CSI Crime Scene Investigation Fingerprint Examination Kit, insisting that these toy companies protect children for the harmful effects of inhaling asbestos.

They point particularly to the CSI Crime Scene Investigation Fingerprint Examination Kit, that’s been inspired by the show CSI. What’s even more shocking is that the asbestos contained in these toys that are produced in China (where else?) is already in powdered form, and children are almost 100 percent likely to inhale it when they play with the toy because they are required to blow the asbestos off while taking fingerprints!

Apparently there’s no need to wait for small magnets to fall out and ingest, and no coating of lead that can only be consumed when you actually put the toy in your mouth. This toy manages to cause extreme harm to a young child by merely playing with it.

The ADAO has called for an immediate and complete recall of the toy. Whether that happens or not, millions of these toys have already found their way into homes around the country over the holiday season. ADAO has demanded that consumers be made aware of the dangers of playing with asbestos, and for arrangements to be made for the safe disposal of the asbestos tainted powder.

If you or a loved one has developed mesothelioma or asbestosis due to exposure to asbestos-contaminated products, contact the California personal injury lawyers at The Reeves Law Group immediately for a free consultation.