Mesothelioma Lawyers Blog

A company that for half a century provided asbestos-laden parts to the U.S. Navy recently set up a $75 million asbestos trust for veterans who may have been exposed and suffered illnesses because of it.

Many U.S. veterans were exposed to asbestos while serving aboard Navy ships when the government regularly used this natural mineral as an insulation and a protector from fire. It was used in piping, valves and other parts to resist heat and fire. The flaky mineral can easily be ingested and lead to tumors that grow on the lining of major organs on patients with mesothelioma in New England.

Our Massachusetts mesothelioma lawyers have met many veterans who served faithfully in order to protect our country's freedom. Yet during that service time, they were exposed to asbestos. In many cases, the companies that supplied the products laden with asbestos knew of their effects or at least had been warned that people were getting sick.

Yet unsuspecting veterans were working on these U.S. Navy ships and in shipyards where asbestos was commonly found. Decades later, far after retirement, these men and women are now getting sick and being diagnosed with major illnesses, including mesothelioma, which is deadly and has no cure.

A person can be exposed to asbestos at a young age and live with the cancer for years without it showing any outward symptoms or signs. By the time a person feels those symptoms -- commonly reflected as heavy coughing, chest pain, fluid build-up and others -- it's typically too late. The cancer is in its advanced stages and there are few treatment options that can help.

According to several sources, Leslie Controls Inc., as part of a bankruptcy reorganization plan, has dedicated $75 million to victims of asbestos exposure. The company provided valves and gaskets that were covered in asbestos for the Navy between the 1940s and 1980s. The company has been named in a growing number of asbestos-related and mesothelioma lawsuits. The company filed for bankruptcy in 2010.

The legal strategy of the company is to be able to handle all current and future litigation that may crop up because of the company's use of the dangerous mineral. The fibers, research has shown, are the primary cause for mesothelioma and other respiratory ailments.

The U.S. Navy is protected from direct lawsuits under sovereign immunity and Feres Doctrine laws. However, individuals may file lawsuits against manufacturers that contracted with the government on a regular basis. Leslie has previously contended that its products didn't contribute to asbestos exposure for veterans.

All lawsuits were halted in 2010 because of the bankruptcy filing. Once the reorganization plan is approved by the court, the lawsuits are expected to continue. The company continues to manufacture and supply valves and subsystems in the energy, industrial and aerospace markets.

Continue reading "New England Veterans Suffering from Mesothelioma Offered Part of $75 Million Trust by Navy Supplier" »

A company that manufactures cans in Minnesota is attempting to use lobbying efforts to try to shield itself from asbestos lawsuits after workers have complained of getting sick, the Star Tribune is reporting.

This can be a lesson to Massachusetts lawmakers who must deal with the problems here associated with constituents who are exposed to asbestos in New England. While there are no longer active vermiculite mines that may contain asbestos, that doesn't mean people here couldn't be exposed - or haven't been already.

Our Boston mesothelioma lawyers understand that mesothelioma doesn't get the same time of attention that other forms of cancer may get. It is fatal, though, and there is no known cure.

Companies that have old factories or old manufacturing plants often are faced with the problem of having asbestos it the walls or in piping. This can cause employees to be exposed to asbestos, which in turn causes long-term health problems.

In Minnesota, a company that has three manufacturing plants is hoping to change state law that could limit the number of asbestos claims stemming from a merger in the 1960s. The company says current laws have caused it to have to pay $700 million in claims and lawyer fees on top of $1 billion in borrowing costs associated with the litigation.

Lawyers say the proposal, which is up for a vote in the state senate, is the company's way of trying to skirt the rules and get the law changed so they can protect themselves from lawsuits. Experts say that if the law is changed to help this company, it could affect all companies and set a bad precedent for future lawsuits.

The company currently has about 150 asbestos cases statewide, with most being filed in the last 15 years. In the last year, only a few have been filed, lawmakers say. Company officials say they hope the law change will help their image with Wall Street.

Analysts believe that current litigation could take decades to be completed and it could go on into the future because health problems with asbestos exposure can take decades to detect. Future victims who don't know they're sick could end up being affected if this measure is passed.

This is a good lesson for Massachusetts lawmakers because it's possible that Massachusetts residents could attempt to bring similar litigation here. Big companies with many employees, including past employees who may have been harmed by asbestos exposure, may file future lawsuits.

The tricky thing with mesothelioma is that workers may not find out about the cancer until years in the future, even though they were employees decades ago. Therefore, if politicians attempt to help these companies -- which may have put these workers at risk by letting there be asbestos in their buildings -- by changing the laws, it could mean major problems in the future.

If employees aren't able to get the help they need to pay for major medical bills, they may have nowhere to turn. It's important that the laws are in place to help employees who may have been harmed or killed because of company negligence.

Continue reading "Company Lobbies to Limit Asbestos Liability, a Lesson to Mass. Lawmakers" »

East Providence officials recently agreed to a plan to spend $9 million clearing out asbestos from schools in that city, showing that asbestos in New England is still an issue.

Our Boston mesothelioma lawyers recognize that asbestos isn't something many citizens are constantly thinking of today. Some people think of it as a problem of the past -- one that only affects older generations.

And while older citizens often are the ones suffering from asbestos-related illnesses, such as mesothelioma, the fact that school districts are still today trying to clean asbestos out of their facilities shows that it still may be a problem. And if our children are exposed to asbestos, it will only create a new generation of sufferers.

On the one hand, it's encouraging that school districts are earmarking funds that will be designed to eliminate dangerous asbestos from schools throughout our communities. On the other, however, it's disheartening that in 2012 asbestos is still in many of our schools, possibly affecting our children.

Research has shown that even a small amount of asbestos exposure can cause major issues years later. With mesothelioma, victims could have been exposed as many as 30 or 40 years ago, and have no symptoms. Once they are checked out and diagnosed, the incurable cancer is in its advanced stages. The median survival rate after diagnosis is only 12 months. That's what makes this cancer so frustrating -- it takes so long to develop and then kills swiftly.

While asbestos was a natural mineral used for insulation for decades -- from about 1910 to 1990 -- researchers began finding that exposure caused sickness around the 1970s. So, it's now been more than 40 years that people have known asbestos is dangerous, and yet it is still in our schools today.

Renovating or properly removing asbestos can be dangerous. But letting it sit and possibly become disturbed may be more dangerous - even deadly. No parent wants to send their child to a school where they could be harmed simply for walking in the front door.

At least Rhode Island officials are taking the situation seriously. According to the East Providence Patch, the Rhode Island Building Energy code secured $9 million to renovate several schools. The plans were held up as officials tried to get the funding to do the projects.

Officials hope that their efforts will be done by the summer so that the schools will be free from the harmful materials by the new school year. Health department officials said they were happy with the news. They had mandated air testing at the schools. Contractors said they will work closely with health officials to ensure that the renovation is done properly and licensed asbestos removal experts are hired to do the job. This is a highly regulated field, which shows the importance of doing it right the first time.

Continue reading "Schools to Spend $9 Million to Remove Asbestos in New England" »

Recent news out of Upstate New York shows that developers there are unable to follow the law regarding asbestos removal, just like construction workers from Massachusetts.

Our Boston mesothelioma lawyers have reported before on our Mesothelioma Lawyers Blog about situations where real estate developers try to skirt the law and end up getting arrested.

Two Plainville men -- one a contractor and one a home owner -- were recently charged with improperly removing asbestos from an old house in Medway. Rather than hire trained asbestos removal experts to do the job, they tried to do it themselves. Not only did they probably expose themselves to asbestos, but they could have put others in danger. Asbestos exposure in Massachusetts is the leading cause of mesothelioma.

Asbestos is flaky and can easily travel through the air. This is where it's most dangerous because people can ingest it through their mouths or noses without even knowing. And even a small amount of exposure can do damage.

Mesothelioma is a rare form of cancer that is caused by exposure to asbestos. The asbestos can travel through a person's system and attach to major organs, making operation difficult or impossible. Chemotherapy is an option, but not a cure. Researchers are working on figuring out a better way to treat the cancer.

In this case, according to NBC News, a 28-year-old developer now faces up to 10 years in prison plus a $250,000 fine after being charged with violating the Clean Air Act. He faces two counts of the crime.

Prosecutors say the man was working on a downtown Livingston County warehouse he owed. He hired workers to haul large quantities of asbestos without getting approval or hiring a trained expert in the field.

A state inspector visited the work site one day in December and saw large materials near a dumpster that looked like asbestos. After testing, it was confirmed to be the dangerous mineral. Nearly 100 bags of dry, friable asbestos were found and tested. Employees were working nearby the asbestos, which was sitting out in the open.

Prosecutors say that any person who may have been near the site between August 1 and December 14, 2011 could have been put at risk of asbestos exposure. Any gust of wind would have taken that flaky asbestos and sent it all around the area. People could have easily been exposed without knowing it. It would be prudent for people who live in the area to be seen by a doctor.

Sadly, if not for a complaint that led to an inspection, the problem may never have been exposed. People would have ended up with mesothelioma years in the future not knowing why. This happens, as developers try to save money by improperly removing asbestos. It is not used in this country for a reason -- it's dangerous.

Continue reading "Developer Faces Criminal Charges in Asbestos Exposure Case" »

Our Boston mesothelioma lawyers for years have been following the tragic news out of Libby, Montana, where thousands of people have gotten sick and many others have died as a result of heavy exposure to asbestos.

For most of the 21st Century, that city produced a large majority of the vermiculite, which was tainted with asbestos, used in the United States. The natural mineral was mined and shipped to different plants throughout the country, where it was processed and then turned into insulation, coating for pipes and in boiler rooms as well as on common products, such as brake pads and crock pots.

Research has shown that asbestos exposure has been linked to and is the leading cause of mesothelioma in New England. This natural mineral can get into a person's body and form the cancer over a period of decades. In some cases, the exposure to asbestos occurred 50 years before a person was diagnosed.

Sadly, once a person is diagnosed, the typical time they have left to live is only 12 months. So, mesothelioma is not only incurable, but takes decades to manifest itself and by then the cancer is so advanced it is unstoppable.

And many people in this country have been diagnosed with mesothelioma after being exposed to Libby asbestos. This mine was churning out 70 percent of the country's asbestos between 1920 and 1990. Books and news articles on the subject have described a dusty film that coated the town, causing everyone around to be exposed.

At the time, people didn't know the ill effects of asbestos. But as people began getting sick, researchers found that asbestos was the root cause. Lawsuits have claimed that the company that ran the mine, WR Grace & Co., found out about the problems but did nothing to stop them or tell their workers. A federal prosecution was unsuccessful and living workers and their relatives have been trying to get any money they can to try to help with medical bills.

According to a recent article in The Daily Inter Lake, a bankruptcy case between the company and those who got ill as a result of the asbestos in the city could result in a $19.5 million settlement in favor of the victims. Grace filed for bankruptcy in 2001 after being slammed with asbestos-related claims.

The mine has been shut down for more than two decades, but people are still being diagnosed today. Grace set up a medical program in 2000 and has funded it voluntarily, the newspaper reports. The settlement would provide some stability, since the company could fold the medical program at any time.

Grace has been named in more than 110,000 asbestos personal injury claims. The money for the settlement will come from cash, insurance proceeds, common stock and other sources. Asbestos victims have also been receiving checks from the state of Montana, which agreed to a $43 million settlement to compensate victims. The federal government has also earmarked funds.

Continue reading "Libby Asbestos Victims May Get $19.5 Million For Mesothelioma" »