Articles Posted in Boston Mesothelioma

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According to a recent news report from The Harvard Crimson, Harvard University administrators have said asbestos is “everywhere” around the campus, but stressed that the risk of asbestos exposure to any of the students, faculty or staff is minimal.  The recent concern arose as the university has been performing a massive renovations project on the student housing buildings that were built at a time when asbestos was heavily used during most aspects of the construction process.

warningA year prior to this announcement, one student returned to his dorm room and found everything covered in dust that had fallen from the ceiling.  This dust was tested and the presence of deadly asbestos fibers was confirmed.  At this point, there was an investigation into the amount of asbestos and the possible dangers it may pose to people who frequent these buildings. Continue reading

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In the past two decades, Boston, especially the once industrial waterfront area of the city, has seen remarkable changes.  The water quality has been improved dramatically, and the area is now filled with mixed-use residential and commercial properties and soon will be the home of General Electric Company’s corporate headquarters.

asbestosLike many companies, the headquarters building was once in New York City, and, based on new needs and tax incentives, the company moved its headquarters to Connecticut.  Now the company is planning to break ground on an impressive new complex in Boston.  However, according to a recent news article from the Boston Globe, the futuristic-looking structure that will include what looks like a giant sail can only be built after the existing structures are demolished. Continue reading

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According to a recent news story from Wicked Local Framingham, a major asbestos lawsuit has been settled for $385,000.  This lawsuit involved seven different parties, including the town of Framingham, Massachusetts, which is just outside of Boston.

moneyThis case primarily involved a waste disposal company located in Milford and its owner. The Massachusetts attorney general alleged that the owner of company took soil that contained asbestos from a construction job site located in Framingham and then illegally dumped the asbestos debris behind a residence in Milford, rather than properly disposing of the material.   Continue reading

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In Massachusetts, whenever a property owner suspects that he or she has asbestos issues and is going to do any renovation or demolition work, it is first necessary to have a certified inspector come and take samples. These samples are sent to a materials testing lab for microscopic analysis, even if there is little question that the material contaiasbestosns deadly asbestos fibers.

If the presence of asbestos is confirmed, the property owner must hire an asbestos abatement contractor to handle the removal after first submitting an abatement (removal) plan to the state department of health.  All personnel must be properly trained and must be wearing proper safety equipment.  This includes ventilators or respirators.  The purpose for all of this is to keep all workers and the community at large safe from the dangers of asbestos exposure.   Continue reading

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A recent case from the California Court of Appeal – First Appellate District, deals with what is known as a secondary exposure asbestos case. As the name implies, primary exposure to asbestos occurs when the victim works or lives in an environment where they are being directly exposed to asbestos from the source of contamination. If someone works on a ship, for example, and that ship has asbestos insulation, as most of them did, they would be victims of primary asbestos exposure, and this can obviously cause malignant mesothelioma.

asbestos bootsBecause it typically takes between 20 and 50 years for a person to become noticeably sick with malignant mesothelioma, we are typically seeing cases today where the initial exposure happened decades ago.   Studies have shown that most of these victims of primary exposure are men, because it was more common for men to be working in heavy industry at that time. Prior to that, women worked in industry during World War II, and there were many mesothelioma victims from this group of workers. Continue reading

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In a recent opinion from the California Court of Appeals – Fifth Appellate District, a civil jury had awarded the plaintiff’s family (surviving spouse and children) approximately $5.8 in connection with this his death from malignant mesothelioma. Malignant mesothelioma is very rare form of cancer almost always associated with exposure to deadly asbestos fibers.  However, it should be noted that, while it is considered rare as compared to other types of cancers, thousands of people suffer and die each year in the United States alone from malignant mesothelioma.

asbestosIn this case, when making their finding of liability and assigning damages, the jury found that defendant was exposed to the deadly asbestos fibers from brakes.  However, the defendant appealed, arguing that the jury’s special verdict form indicated serious inconsistencies, the trial court erred when not giving certain proposed jury instructions, and the course erred also in allowing allegedly prejudicial evidence to be admitted. Continue reading

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The legal landscape of asbestos liability may soon change dramatically – and not in a way that benefits the plaintiffs suffering asbestos-related diseases, such as asbestosis and mesothelioma. Uscapitolbuilding

For several years now, lobbyists for the asbestos manufacturers and industries targeted for litigation due to negligently exposing workers and others to the toxin have been pushing the passage of a law that purports to “further asbestos claim transparency.” Now, that sounds like a nice measure – who doesn’t want more transparency in anything? However, the reality was these companies wanted to make it harder for plaintiffs to seek damages from more than one asbestos manufacturer for their injuries, even though we know these diseases can arise from exposure to the substance from multiple sources.

But the bills were never going to get very far, at least not while President Barack Obama was in office, because Obama had vowed to exercise his veto power, even if the measures passed both the House and Senate. Now, representatives are hoping President Donald Trump will be more receptive.  Continue reading

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An investigation by reporters in Georgia revealed that the state agency in charge of enforcing asbestos regulations fails to make certain that those removing the dangerous substance are actually licensed to do so. That’s because the program was de-funded six years ago. This lack of basic enforcement, say victim advocates, puts residents and the general public at grave risk of developing diseases associated with asbestos exposure – including mesothelioma. asbestos

One of the men who has been affected is in 2015 was diagnosed with mesothelioma. For the last several years, he worked six days every week at a heating and cooling company. At his most recent doctor’s visit, he was given between six and eight months left to live. Mesothelioma, of course, is caused by exposure to asbestos. The man has filed a lawsuit against the manufacturers he believes ares responsible for his exposure to the substance while he was working on residential projects in the Atlanta region some two decades ago. The father-of-two lamented the fact that his condition was terminal, and he would likely die before he saw the companies responsible for the toxic exposure held to account.

Of course, most homes build prior 1978 use some type of asbestos in the joint compound in the wallboards. However, most people have no idea because asbestos doesn’t have any distinct odor or taste. The real risk of exposure occurs when the substance is disturbed and the fibers are kicked up in the air and breathed in. This is especially concerning when you consider that in driving through older neighborhoods in that city at any given time, one is likely to see dozens of these older residences under construction. If the asbestos removal work isn’t done properly by licensed contractors, it increases the risk that not only are the workers being exposed to the toxin, but so too are the neighbors.  Continue reading

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The Commonwealth Court of Pennsylvania (one of two intermediate appellate courts in the state) recently ruled that a school board can be potentially liable for the mesothelioma suffered by a math teacher who was allegedly exposed to the toxic fibers at the school. school

According to court records in the case, the subject of the underlying matter worked as a high school math teacher who worked at the district from 1958 to 1959 – basically one full school year. During this time, she was exposed to asbestos dust coming from pipe coverings on the steam and water pipes that were in the hallways, stairs and classrooms of the school.

More than five decades past when the teacher, long since retired, was diagnosed with mesothelioma. She and her husband filed a personal injury lawsuit against the school district and 40 other defendants, including those responsible for making, distributing, selling, supplying, installing and removing asbestos products. Plaintiff alleged it was her occupational exposure to the dust, caused by defendants’ acts and/ or omissions, that resulted in her injuries. Her husband also claimed loss of consortium.  Continue reading

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The government contractor defense was accepted in a recent asbestos liability lawsuits out of California. The decision by a state appellate court breaks with a ruling by the federal Ninth Circuit. navy

The government contractor defense shields the federal government’s exercise of discretion and judgment in contract specifications and designs. It can be raised by government contractor defendants in certain product liability lawsuits, such as those pertaining to asbestos exposure. It’s often used by companies that provide products that have some type of military application, though matters can get complicated when the product in question is sold to both the government and the general public.

The California case involves a man who was exposed to asbestos insulation while working on nuclear submarines in the early 1970s. The insulation product was called Unibestos, and it’s been available for decades. In 1936, the U.S. Navy started using the product in its vessels because of its high resistance to heat. Although ads for the product indicated it was “available everywhere,” there is no evidence as to how much of the product was sold commercially.  Continue reading

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