Mesothelioma Lawyers Blog

October 5, 2011

Businessman Sentenced to Prison For Exposing Many to Asbestos in New England, Elsewhere

As the Mesothelioma Lawyers Blog reported in August, a Massachusetts developer was recently fined $100,000 for not removing asbestos as state and federal officials had ordered.

New York officials topped that recently, charging a businessman federally with exposing workers to asbestos, the Democrat & Chronicle in Rochester reports.

There’s a reason we have laws in the Commonwealth of Massachusetts, by the federal government and on a state-by-state basis. It’s important that people not be exposed to asbestos in Boston and elsewhere.

Boston mesothelioma lawyers have seen rouge contractors and builders attempt to break the law and try to get away with using asbestos or not removing it as they should in order to cut corners and save dollars. And there have been a number of high-profile cases in which contractors or asbestos removal companies used immigrants and low-wage workers to remove asbestos without the necessary safety precautions.

It’s not as if this is anything new. When asbestos was largely an unknown at the turn of the 19th century, companies used it because it was inexpensive and provided good qualities for buildings. But as research continued into asbestos and its health effects, businessmen became acutely aware of what asbestos was doing to their employees and customers. Yet in too many cases they ignored or downplayed the risks.

They chose to cut corners and leave the asbestos in their buildings and in their products, despite what it was doing to harm others. Not much has changed.

In Rochester, New York, a businessman was convicted of violating the federal Clean Air Act when he didn’t protect employees during an asbestos removal project. He was sentenced to six years in prison and has to pay $300,000 in restitution to the victims.

The company’s employees were injured and put in danger during a project to remove asbestos at a nearby hospital. According to the news report, the asbestos was falling on workers “like snow” while they were unprotected and put at risk. Witnesses testified the workers were put in a bad situation while the leaders did nothing to protect them.

This is yet another classic case of poor oversight in an asbestos case. Many of those workers may not feel the effects of the asbestos that rained down “like snow” on them as they worked. They may feel healthy for years, with that one construction job put far behind them and out of their minds.

But in a few decades, these workers may end up feeling the symptoms that tie them to a mesothelioma diagnosis. So it’s important they monitor their health closely. Anyone who has worked on construction projects involving old buildings must heed to this warning that mesothelioma is a possibility in cases where asbestos is in the air. And even if they don’t 100 percent know that asbestos is in a building, it’s possible that it is, so it is critical the worker protect their health and be safe.
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October 1, 2011

5 Things You Should Know About Mesothelioma in Boston

by Jeffrey S. Glassman

A recent article out of Pennsylvania makes some good points about mesothelioma in New England and beyond.

The good news is that at least National Mesothelioma Awareness Day has gotten into the national psyche and provided more awareness of this incurable and fatal form of cancer. The day, designated as such by the United States Congress, was September 26 and communities across the country used the day to remember loved ones who were struck down by this form of cancer and to raise awareness to those who aren’t familiar with it.

People diagnosed with mesothelioma in Boston tragically either were U.S. military veterans who were exposed to asbestos while serving our country or were workers in plants, factories or older buildings. Many buildings in the United States were constructed with asbestos because it is fire-resistant and can be used in many products, from insulation to ceiling tiles to use as coating for piping and brake pads.

After exposure, which can be as short as a matter of months, the asbestos forms tumors, typically in the chest along the lining of the heart or lungs. By the time they are discovered, the tumors are usually inoperable. The likely symptoms are chest pain, fluid build-up and heavy coughing.

Sadly, many people chalk up the symptoms to old age or years of smoking and don’t visit a doctor who specializes in asbestos-related illnesses, never having thought of asbestos being a culprit.

When someone is finally diagnosed with mesothelioma — it can take years or even decades for persistent symptoms to present themselves and for a diagnosis to be made — they typically live only about a year, on average.

It is a sad culmination to what is typically a long, full life filled with memories. But the last year is often marked with health struggles, frustration, resentment and sadness. Many people feel betrayed by the companies for whom they dedicated decades to in service.

Get checked out by a doctor if you have these symptoms and then meet with an experienced Boston mesothelioma lawyer, who can help.

Five pertinent facts about mesothelioma:

Treatment: Researchers have a basic knowledge of the cell biology and research has increased in recent years. Few treatment options are available that target mesothelioma specifically, which is why the median lifespan after diagnosis is so low.

September 11: An increase in diagnosis is expected in the next few years as survivors and volunteers of the September 11 attacks, specifically in New York, come to realize they have been exposed to asbestos from the buildings that collapsed and the toxins that were in the air that day and the following months.

Other exposures: The article states that 35 million attics in the United States contain contaminated vermiculite. Vermiculite is a natural mineral that had similar uses as asbestos. Much of the vermiculite contained asbestos and therefore was contaminated and caused health problems.

Long term hopes: Asbestos isn’t banned in the United States, but both branches of Congress tried to pass legislation banning it in 2007.

Future funding: Lawmakers in recent years have added mesothelioma to the group of cancers and illnesses that need funding in order to seek cures and to better understand this deadly cancer.
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September 30, 2011

Apartment Fire Reveals Asbestos Exposure in New England

by Jeffrey S. Glassman

A recent Colorado apartment fire led to 126 people being out of a home after officials found widespread asbestos in the structure of the building, ABC News is reporting.

Asbestos was discovered in Springfield and throughout Massachusetts after tornadoes ran through the area this summer. When buildings get knocked down due to powerful storms or other natural disasters, they can be exposed for what they really are.

Not every apartment building in New England has asbestos, but many do. Proving that a company knowingly used asbestos and ignored the health risks can be a challenge. Visiting a doctor who specializes in asbestos-related diseases and illnesses is the first step. If diagnosed with mesothelioma in New England, contacting an aggressive Boston mesothelioma lawyer to fight for your rights is the second.

Companies must be held accountable for their actions. If they knowingly used asbestos in building structures and in making products for consumers and people got sick as a result, they can’t get away with it. But it takes extensive research in order to prove a person truly was injured by asbestos from a specific company and not from outside factors.

Families shouldn’t have to lose their loved ones too soon because they are diagnosed with a preventable form of cancer. Once diagnosed, most people only live about one year. Yet, asbestos exposure can happen years or decades earlier. It is one of the slowest-moving forms of cancer and stays hidden until the symptoms become clear — persistent coughing, fluid build-up and chest pain, among others.

By that point, it’s largely too late and the person’s fate is sealed. But that doesn’t mean the fight ends. An aggressive Boston mesothelioma lawyer will seek justice, even when the loved one has passed away.

In the Colorado incident, a fire broke out after an alleged case of arson. The apartment complex was left damaged and officials discovered hazardous asbestos contamination levels after the fire. Residents, after hearing about the discovery of asbestos in the apartment, now are concerned about their health because they had to rush through thick smoke to get out. The smoke may have contained asbestos, ABC News is reporting.

Firefighters were forced to rescue 20 residents from the three-story apartment building in Aurora. Four people were transported to a hospital to be treated for smoke inhalation. It’s unclear if any of the residents have been looked at for asbestos exposure related illnesses.

While asbestos isn’t used in the United States anymore, it hasn’t been banned. While environmental agencies have sought to regulate its use and cleanup buildings that used it in the past, they have been only somewhat successful.

Many buildings, especially those built decades ago, still have asbestos in them and can possibly harm people who are exposed to the asbestos therein. Many workers from the 1950s, 60s and 70s are now feeling the effects of asbestos exposure with mesothelioma diagnosis today. Exposure risks are particularly acute for those involved with the construction or demolition of such structures.
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September 20, 2011

Canada Continues Exporting Asbestos, Ignoring Health Risks

by Jeffrey S. Glassman

Despite all the warnings, all the sickness and all the problems asbestos has caused people in America and abroad, Canadian officials are still moving forward with plans to pick up production and exportation of asbestos to third-world countries, The Globe And Mail of Toronto reports.

This is a prime example of greed outweighing common sense and concern for mankind. It’s why many people have been exposed to asbestos in New England, been diagnosed with mesothelioma and other asbestos-related illnesses and die because of it.

It’s why Boston mesothelioma attorneys have seen families grieving over the death of a loved one. Come to find out that the company that loved one dedicated years of service to knew about the asbestos in its buildings or products and failed to warn its employees of the dangers.

Preventable asbestos-related illnesses take the lives of people every day, in every country. It happens throughout New England to California. Many dedicated workers, and even military veterans, have sacrificed their lives not because of enemy fire or an on-site accident, but because of asbestos.

In recent years, the asbestos industry in Canada had taken a downward turn. Finally, foreign countries and businesses were realizing that the benefits of cheap asbestos weren’t nearly worth the lives of employees and others affected by the mineral that was used for insulation, on piping, car parts, floor and ceiling tiles and other common consumer products.

Yet investors are seeking to make blood money off of poor countries with residents who don’t have much of a voice of influence over such matters. One man vowed to save the industry and came up with $25 million to save an industry that has been decried as unsafe. Even the Quebec government guaranteed a $58 million loan to help.

The hope is to increase export sales of the deadly mineral to $150 million within two years and $3.4 billion over the next two decades. Obviously, the Canadian government is on board with the plan. Not only has it guaranteed a loan to continue producing the toxic mineral, but it stood virtually alone last spring when it voted to block a United Nations treaty that would have added asbestos to a list of restricted hazardous materials.

The man who has headed the rejuvenation of asbestos in Canada is from India, the biggest importer of Canadian asbestos. Some critics have said it is racism to send potentially deadly materials to countries where the people have no voice and no way to resist its use in their buildings and products.

The man claims that modern asbestos is more tightly bonded than the loose asbestos previously used as insulation. Yet, his defense carries no facts that the asbestos is less harmful. It may be more tightly “bonded” yet that doesn’t make it less dangerous.

He claims that the asbestos is used in roofing for India’s neediest and that health investigators — independent from his companies — will monitor the situation. But critics correctly point out that standards in India and tracking the shipment and use of asbestos may be challenging.
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September 13, 2011

Jury Awards U.S. Navy Veteran $32 Million for Asbestos Exposure

by Jeffrey S. Glassman

A Kentucky man and U.S. Navy veteran was awarded $32 million in damages after an eight-week trial in New York, WSAZ reports.

While it’s a large sum of money, it will not stop the pleural mesothelioma with which the man has been diagnosed. Pleural mesothelioma in New England, and other forms of the rare and incurable cancer are unstoppable. But jury awards like this one can help pay for medical treatment and give some help to family members left behind. People see the large verdicts. Rarely do they consider the billions made by companies who unlawfully and willfully exposed employees to asbestos, despite the known risk of contracting a fatal cancer.

Sadly, many companies, including the United States armed forces, used asbestos even though they knew the side effects could be deadly. Many manufactured products used asbestos because of its fire resistant feature, but even after it was discovered that exposure to asbestos in Boston and elsewhere could be harmful, many still continued to use this material. Our Boston Mesothelioma Lawyers have seen the devastation caused by this form of cancer.

According to the TV station, the veteran served 28 years in the U.S. Navy and of those years, 18 were spent aboard ships that exposed him to asbestos. The jurors found that the man developed pleural mesothelioma after being exposed to asbestos between 1960 and 1977, while serving our country.

In that time frame, he worked in the boiler and fire rooms of each vessel he occupied. He repaired Crane Co.-manufactured valves as well as worked on Elliott Turbomachinery Co. Inc-manufactured tanks on one of the ships.

Jurors found that both of these companies used asbestos-laden products, including pads, gaskets, and manhole gaskets. The jury decided that both companies — 99 percent Crane and 1 percent Elliott — acted with reckless disregard for the man’s safety for not warning of the dangers of asbestos exposure.

Jurors awarded the victim $16 million for past pain and suffering and $16 million for future pain and suffering.

This jury sent a strong message about the dangers of asbestos and how a company’s negligence and intentional misrepresentations about asbestos won’t be tolerated. Many companies made commonly used products containing asbestos despite knowing the dangers.

It is common for military veterans to return home from combat with various illnesses, such as Post Traumatic Stress Disorder. But for our older veterans, many are just now feeling the effects of asbestos exposure while they were serving our country overseas or abroad.

The U.S. Navy in particular was a large importer of asbestos because it was used on warships and in shipyards. Asbestos is fire resistant, which was a good quality for the lining of ships as well as the mechanical rooms and piping of ships. A ship fire at sea can be devastating.

But perhaps equally devastating is that many veterans who served faithfully were exposed to asbestos and returned home seemingly fine. But after years, the asbestos develops into mesothelioma or other illnesses and turns deadly. After diagnosis, the median life span is 12 months. Our veterans deserve better.
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September 12, 2011

Mesothelioma Awareness Day On Sept. 26 in Boston

by Jeffrey S. Glassman

National Mesothelioma Awareness Day is Sept. 26, according to The Mesothelioma Cancer Alliance, which is a good reminder to make sure people know the facts about mesothelioma in New England and beyond.

Mesothelioma is a rare form of cancer, yet claims the lives of many people who were once exposed to asbestos, either on Navy ships, in shipyards, in old factories or buildings or while working in the construction of older homes and offices. Boston Mesothelioma Lawyers have seen the many people who were exposed to asbestos and now are dying because their companies exposed them to undue risks.

The cancer develops slowly and can take 30 to 40 years before symptoms lead to a diagnosis of mesothelioma.

The day Sept. 26 is designed to help raise awareness for this cancer, which gets much less exposure than other forms of cancer, such as breast cancer, lung cancer and prostate cancer, for instance.

The day was selected by Congress to single out this form of cancer, which affects nearly 3,000 Americans each year. It is caused almost exclusively by exposure to asbestos, The Mesothelioma Cancer Alliance says.

Though the U.S. Environmental Protection Agency has imposed regulations, about 1.3 million construction workers and other professionals are still exposed to asbestos every day. Traditionally, factory workers, mechanics and electricians were most likely to be exposed to asbestos. But older buildings that collapse in tornadoes, such as the one that ran through parts of Western Massachusetts this year, earthquakes and the Sept. 11 terrorist attacks that downed the World Trade Center towers, have left many others exposed to the toxic chemicals.

Despite the many buildings and old parts that contain asbestos and put many people at risk, including children who attend schools that still contain asbestos, there is no cure for mesothelioma.

Once diagnosed, even thought it can take years and even decades after asbestos exposure for that to happen, the average person only lives 12 months.

Mesothelioma causes tumors in the lining of major organs, such as the heart, lungs and stomach lining. Some cancers start in non-vital places and become deadly when they travel to vital organs. For mesothelioma patients, the cancer is already in a very bad spot to begin with.

So, on Sept. 26, think about those who may have unknowingly been exposed to asbestos and now, decades later, are suffering the consequences. Our veterans and our hard-working Americans who sacrificed to make great products or service buildings are now facing this difficult diagnosis in retirement.
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September 9, 2011

Firefighters, Volunteers After 9/11 Could Have Been Exposed to Asbestos

by Jeffrey S. Glassman

A recent study out of Europe suggests New York firefighters will getting cancer after spending months responding to the Sept. 11, 2001 terrorist attacks at Ground Zero, Bloomberg reports.

Firefighters, police officers and volunteers from throughout Massachusetts and New England descended on New York City in an effort to help cleanup and body recovery efforts. But what many will remember is that a thick haze and cloud of dust covered much of Manhattan after the attacks. What the study has found is that people in that area may have been at risk for exposure to asbestos.

As Boston Mesothelioma Lawyers well know, exposure to asbestos causes the fatal and incurable cancer mesothelioma. And the majority of these cases stem from older workers who spent time in old factories or working on parts manufactured with asbestos, such as brake pads, in boiler rooms or in construction of older buildings that used asbestos as insulation.

According to the UK-based study, firefighters who responded to the Ground Zero aftermath were 19 percent more likely to get cancer than those who didn’t spend time there. The study looked at 9,800 firefighters over a 7-year period following the attacks. In that time, 27 firefighters died of cancer. The study didn’t include firefighters over 60 or those who had a previous cancer diagnosis.

According to Bloomberg, more than 50,000 people were exposed to chemicals and toxins in the air while trying to rescue survivors, recover bodies and clean up the area following the attacks. Many of these people came from New England and other parts of the country.

The article goes on to look at the high costs of dealing with medical bills that can arise from those diagnosed with cancer. In January, President Barack Obama signed legislation to help rescuers and those suffering from ailments connected to the wreckage in New York City. yet the article states there isn’t currently any compensation for firefighters who got cancer because of exposure to the toxins.

In December, lawmakers blocked legislation that would have allowed those who worked there to collect up to $6.2 billion as far out as 2031. The bill was amended to $4.3 billion and closes in 2016.

Yet this poses a problem for those diagnosed with mesothelioma after exposure to asbestos. Mesothelioma is a slow-developing cancer that can take as long as 30 to 40 years before diagnosis. It can that long before the symptoms — coughing, chest pain and fluid build-up — are noticed and a diagnosis is made. And once diagnosed, the average person only lives 12 months.

It’s critical that those who are exposed to asbestos and are diagnosed with mesothelioma or other asbestos-related illnesses take action and get help for themselves and their families.
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September 6, 2011

Final Asbestos Exposure Blog Entry From Boston Mesothelioma Lawyers

by Jeffrey S. Glassman

For several months, Boston Mesothelioma Lawyers have documented the more than two dozen asbestos processing plants that manufactured and distributed products that routinely used asbestos-laced vermiculite.

Vermiculite is a naturally occurring mineral that was used for insulation and other products for decades in the United States.

But what companies and employers realized after some time is that exposure to asbestos in Boston and throughout the country can lead to serious and fatal illnesses. Sadly, many of these companies and even the U.S. military realized this was the case and continued using asbestos in their products, even after knowing the ill-effects.

And that put workers in danger. And many of these workers today are suffering from illnesses, such as mesothelioma, because of their employers’ mistakes. This requires the aid of an experienced Boston Mesothelioma Lawyer, who can fight for help in paying for medical bills and the suffering that has taken place because of at-risk work conditions.

As Boston Mesothelioma Lawyers have documented the processing plants, they have also hit on the source of the vermiculite — Libby, Montana. In this Northwestern town, nearly all the population had a connection to the mine. If was the lifeblood of the town.

According to books and articles written on the town, a fine dusting covered the town as it mined and produced about 70 to 80 percent of the country’s vermiculite in the time it operated from 1919 to 1990. People had it on their skin, in their cars and in their homes. They would breathe it in on a regular basis, not knowing the potential dangers.

The asbestos-tainted vermiculite was shipped to plants from Massachusetts to Tampa to Los Angeles and was used to make many commonly used products, such as brake pads, piping, floor and ceiling tiles and insulation for houses and offices.

As the Centers for Disease Control and Prevention has cited, millions of tons of the product were sent across the country on rail cars and sent to stores and into Americans’ homes. While the United States has never officially banned asbestos, for decades officials have known how dangerous this product is.

Few companies currently use asbestos in the United States, but poor third-world countries have continued using it. Canada and Russia export hundreds of thousands of tons of the mineral to developing countries to this day.

And in Libby, the country’s main source of vermiculite for years, hundreds of people have died and thousands have fallen ill in recent years due to exposure. In recent years, the federal government has allocated more than $100 million to helping pay for medical bills and cleanup efforts, even though the mine has been closed for 20 years. That was even after the federal government unsuccessfully prosecuted the head officials of the company that ran the mine.

Libby is in tough shape and there are many people throughout New England and other parts of the country who are in similar positions. Because mesothelioma can take years and sometimes decades to be diagnosed, many people today are feeling the effects of asbestos exposure that happened 30 and 40 years ago. The U.S. Navy was a large user of asbestos on ships and shipyards because it is fire-resistant. Many veterans are suffering today for acts in the past.

If you may have been at risk to exposure, it is important you get medically checked out and consult with a Boston Mesothelioma Lawyer today.
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September 5, 2011

North Reading Prepares to Remove Asbestos From Schools

by Jeffrey S. Glassman

As the new school year is upon us, officials are planning out syllabi, scheduling events and trying to make sure everything goes off without a hitch.

But what many school systems are considering, including the one in North Reading, is removal of asbestos from its facilities in order to protect children from being exposed and opening them up to the possibility of getting mesothelioma in New England.

In 2011, it’s sad that there are still many schools that have buildings that contain asbestos. It’s been public knowledge for decades that long-term or even some exposure to asbestos can lead to a fatal diagnosis of mesothelioma or other illnesses. As Boston Mesothelioma Lawyers reported in July, one southern Massachusetts school’s buckling gymnasium floor is finally being replaced, at a cost of about $280,000. It’s a lot of money, but well worth the price of ensuring our children are kept safe from harmful asbestos fibers.

In North Reading, which is about 20 miles north of Boston, school officials must fork out about $275,000 to remove asbestos from the middle and high schools, the North Reading Patch reports. The move is part of a larger plan to replace the schools’ septic system for $2.5 million.

This is just part of a recent plan by school officials to remove asbestos from the schools over time. A boiler will be replaced at one of the district’s schools in order to remove asbestos. Federal environment specialists will be called on to test air before, during and after the process is complete.

Officials told the news media that an old boiler, piping and other materials will be removed from the building from an exterior door and that a wall made from cinder blocks encloses the boiler in order to seal it off from students or faculty, who won’t face exposure to harmful asbestos fibers.

What makes asbestos so dangerous is people typically don’t know they’ve been exposed. Older buildings used asbestos for years as insulation because it is so good at fighting off fire and it’s usefulness not only on the inside of a building’s walls, but also in tile, piping and other materials that people use every day.

Microscopic asbestos fibers can be inhaled or otherwise ingested and they travel through the blood system and land on major organs, such as the heart and lungs as well the lining of the stomach. There, they can stay for years and sometimes decades before showing up in common symptoms for mesothelioma, such as coughing, chest pain and built-up fluid. By then, it’s likely the patient will only live 12 months.

That’s why eliminating asbestos from buildings quickly is important. People can unknowingly be exposed and then have their lives ruined as they get older because of companies that failed to take the steps to properly keep them safe.
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August 30, 2011

Leominster Developer Fined $100,000 For Not Removing Asbestos

by Jeffrey S. Glassman

The Worcester Telegram & Gazette reports that a developer has been ordered by state officials to pay $100,000 to make up for breaking asbestos removal laws when renovating and converting a plastics company site to retail and commercial space.

At the turn of the 20th Century and the following decades, many builders used asbestos because it was fire-resistant and affordable in the building of factories, buildings and houses throughout New England. So, asbestos has been sitting in many older buildings for years and people have been exposed to asbestos in Boston and other towns throughout New England likely without knowing it.

And while asbestos is no longer being regularly used in buildings and products in the United States, it was never officially banned. Yet, at least some state officials have taken steps to make sure asbestos is removed from buildings that are redeveloped into shopping plazas or office complexes. These historic buildings that make New England beautiful shouldn’t be torn down because of asbestos, but they should be made safe for future generations.

Boston Mesothelioma Lawyers have seen the awful effects of asbestos exposure and how it can shorten a person’s life through no fault of their own.

According to the newspaper account, the project in Leominster, north of Worcester, was shut down in 2009 after Massachusetts Department of Environmental Protection investigators found that required precautions weren’t taken to prevent the release of asbestos. According to the newspaper, workers removed asbestos insulation from heating pipes, dislodged and removed pipes covered with asbestos and got rid of other material containing asbestos — all illegally.

The state alleges in a lawsuit it filed against the developer that he continued renovating the old building even though the project was stopped by state officials. He allegedly pressed on with the work even though he needed emergency containment measures to be put into place, ordered by a state-licensed asbestos contractor.

The contractor later decontaminated the site and disposed of the asbestos waste from two buildings on site. The $100,000 fine was a settlement. A lawyer for the developer blamed the issue on a subcontractor. The building was formerly used to manufacture pink flamingo lawn ornaments and was one of Worcester’s first plastics companies. It went bankrupt and closed in 2006.

The average citizen must be aware of their surroundings. A person wouldn’t stand behind a vehicle spewing exhaust for fear that it could be harmful to them in the future. The same should go for whether they choose to live in an old apartment building or shop in a historical building that has since been converted to retail space.

While these buildings can look nice compared to quickly made and sometimes cookie-cutter looking modern buildings, they most likely were built with asbestos-laden products, including insulation, flooring, piping, boiler room equipment and other things. The primary risk comes when employees are asked to rehab such building and bring them up to date for modern uses. Without the proper precautions, asbestos exposure can have deadly results.
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