Articles Posted in Mesothelioma Case

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When a property owner knows or has reason to suspect that asbestos is present in their property, they must have an asbestos inspection prior to doing any renovation work. If they fail to do so, demolition may result in workers being exposed to the deadly fibers or the asbestos fibers contaminating public areas.

asbestos dustAsbestos inspections must be completed by a certified and properly-trained professional who will wear proper protective equipment when taking samples.  Even if the inspector is pretty sure he or she has located asbestos material, there is a requirement under state and federal law to send those samples to a lab that is equipped to examine the material under a microscope in a safe environment. The lab will not only confirm the presence of asbestos, but will also be able to determine the specific type of asbestos. This is important, because, while all types of asbestos pose a serious hazard to humans, some are more likely to be inhaled than others. Continue reading

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Over the years, we have seen many articles in the media about problems in prisons related to poor conditions and overcrowding.   There is no question that many of the prison systems in the United States are in need of money, and many inmates are housed in very old buildings that are falling apart.

gavel7One problem that is not talked about much is the fact that many of these old prisons and jails were built a time when asbestos was used in virtually every aspect of the construction process. These buildings are now crumbling, and the dust is a hazard to staff, corrections officers and inmates alike. One inmate sued the corrections department for asbestos exposure during a renovations project at the prison library.

His asbestos lawsuit was initially dismissed because he did not file the required complaint form within 10 days of being exposed to asbestos, according to a recent article from CJ Online. However, upon review by the Kansas Supreme Court, his case will be allowed to continue. Continue reading

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In the United States and much of the world, asbestos was used very heavily in most aspects of construction. It was also used in a wide variety of consumer, commercial and industrial products.  The reason it was so prevalent was because it’s a cheap, naturally-occurring substance that has a remarkable ability to resist heat, fire, caustic chemicals and electricity.

xrayanalysisHowever, in addition to all of these helpful properties, it also causes cancer.  These days, most people are aware that exposure to asbestos causes malignant mesothelioma, but this was a closely guarded secret for much of the last century.  Those in asbestos industry were well aware of the dangers of asbestos, but since they also knew it would take between 20 and 50 years for people to get sick, they were willing to take that chance and pay later if necessary.  Continue reading

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In Rost v. Ford Motor Company, plaintiff originally filed a mesothelioma lawsuit against the various companies that manufactured asbestos products.  Claimant alleged these companies manufactured the asbestos to which he had been exposed that ultimately caused him to develop malignant mesothelioma.  He filed his original complaint in October 2009.

hospitalroomPrior to trial, plaintiff settled his claims against all other asbestos makers except for the automaker named in the lawsuit. At this point, the case was set for trial, along with two other mesothelioma lawsuits.  While it does not happen all the time, judges in certain cases, particularly those involving toxic torts or products liability, have the power to combine cases in the interest of judicial economy. Continue reading

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In 2014 the Denver Broncos were in the National Football League (NFL) and played two of their games at Sports Authority Field at Mile High.  As these games were going on, the United States Attorney’s Office has alleged that the owners of a nearby apartment complex were doing a large renovation project that was putting dangerous levels of asbestos in the ambient air.  They further allege that this was putting Denver residents and those at the playoffs games at risk for inhaling those deadly fibers, according to a recent news article from the Denver Post.

shingleThe U.S. Attorney’s Office has just filed federal criminal charges against the company that owns the apartment complex and the director of the company in his personal capacity.  While it seems strange, a corporation can have criminal charges against it, because it is a considered a “jural person,” meaning that is treated as a real person within the context of being a defendant or plaintiff in a criminal or civil case.  While the company will obviously not go to jail, it can be fined, and people at the company who are named in the indictment could go to prison upon a conviction. Continue reading

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If you own a home anywhere in the country and are planning on doing major renovations or demolition, and you know or have reason to know that your home contains asbestos, you simply can’t go it alone.  There are laws and regulations that must be followed to keep any workers and the community in general safe from the deadly asbestos fibers.asbestos dust

According to a recent news article from KATU 2, a couple was just fined $21,600 for allowing an unlicensed contractor to remove some asbestos from their home.  The local environmental protection agency has issued the fine against this couple. Continue reading

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In In re: New York City Asbestos Litigation, a mesothelioma case from the New York Court of Appeals, court records indicate defendant sold valves to the U.S. Navy.  These valves were designed to be used under high pressure and in high heat situations aboard naval ships.  The valves themselves did not actually contain asbestos or any other hazardous materials.

valveHowever, these valves would not work properly under the expected conditions unless a gasket was used along with the valve as well as insulation and a packing material for the valve stem.  These gaskets and insulation were made from asbestos, and the instructions that came with valves called for the use of this asbestos material. Continue reading

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A number of public health officials are pushing for the Environmental Protection Agency to put asbestos at the top of their list of regulatory priorities. However, Bloomberg reports those in the pool chemical industry are concerned about this. That’s because chlorine, caustic soda and other chemicals manufactured in this industry use asbestos. In fact, the U.S. Geological Survey lists the chlor-alkali industry as the No. 1 importer of asbestos in its yearly mineral commodity summary. The chlorine industry’s use of asbestos accounts for 90 percent of the 358 tons of asbestos imported into the country last year, according to the survey’s most recent report.

While many people think of asbestos as a man-made product, it is actually a naturally occurring substance made up of a combination of silica elements.  It forms in the ground like other minerals and has been used by humans for thousands of years.

chlorine-gas-1482021However, it was during the 1800s in the industrial revolution that it became heavily used, and, by the 1970s, when the asbestos ban went into effect, asbestos was used in just about every residential, commercial, and industrial construction project in much of the world. There are various reasons that asbestos was used so heavily. Continue reading

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According to a recent news feature from the Washington City Paper, a 59-year-old man has just pleaded to asbestos related violations of the federal Clean Air Act involving an historic home that many consider to be one of our nation’s architectural treasures.

constructionsiteThis residence in question is located in the Capitol Hill neighborhood of Washington, DC.  It was known as the Friendship House and was purchased by Francis Scott Key shortly after he wrote “The Star Spangled Banner.”  Following Key’s ownership of the Friendship House, it became the site of a not-for-profit organization and was used as such for nearly a century. Continue reading

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There is no denying the space program in the United States is not like it once was.  The shuttle program ended years ago, and neither NASA nor the U.S. government currently have any ability to send manned rockets into space.  For any manned space flights, NASA must rely on Russia’s space agency to take astronauts to the International Space Station (ISS) using their aging Soyuz rockets.  While it is true that without the shuttle program, ISS could never have been built, the remaining shuttles have had their engines removed and were sent to museums for permanent display.   There are three remaining shuttles which are the Atlantis, Discovery, and Endeavor, which are now all tourist attractions.

rocket-1449226This is not to say there will never be manned space program, as a Mars mission capable rocket is currently being developed, and two private companies are handling unmanned space flight for the time being. Continue reading

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