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  Tuesday, July 22nd, 2014 MESOTHELIOMA WRONGFUL DEATH
 
 
 
 

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ASBESTOS NEWS DAILY - MESOTHELIOMA WRONGFUL DEATH
AsbestosNewsDaily.com
 
56 Related Articles 
 

Deaths from Asbestos-related diseases

Disease

Number of deaths per year

Mesothelioma1

2,509

Asbestosis2

1,398

Lung Cancer3

4,800

Gastro-intestinal cancer4

1,200

Total 

9,907

 

Source: http://reports.ewg.org/reports/asbestos/facts/fact1.php


Death From Mesothelioma


 
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Wrongful Death –Asbestos Exposure – Long Term Exposure

Asbestos Exposure May Come to Haunt After Death

01/19/2010

A recently filed lawsuit involving an allegedwrongful death of MichaelBrashers continues to highlight the toll of asbestos exposure anddeaths caused by Mesothelioma and lung cancer. Exposure can lead to deadly diseases such as lung cancer or Mesothelioma Brasher is one of thousands who were exposed to the substance without having been adequately warned of the truedangers of asbestos exposure.

InHenderson County,Texas, Michael's window Katherine, filed a suit against eight companies including Union Oil Company of California, Westinghouse Electric Co., and Hercules Inc., among others. These companies deal primarily in oil and chemicals.Brashers worked for Union Oil in neighboringJefferson County,Texas for thirty-five years beginning in 1963. He was diagnosed with lung cancer in April 2008 and died shortly thereafter on April 27th.

The lawsuit, filed on January 11, alleges that Michael’slung cancer was a direct result of inhaling, or absorbing the asbestos fibers while serving his duties at work. Moreover, the defendants, she alleges, failed to properly warn him or take adequate safety measures to protect him from the substance.

Asbestos' resistance to heat and chemical damage as well as sound proofing properties has made the material popular to both builders and manufacturers alike. In 1989, the United States Environmental Protection Agency proposed a general phasing out of the material in commercial use. Only small concentrations of asbestos are currently allowed.

This is not a rare case. MichaelBrashers is only one of many victims who have succumbed to lung cancer,mesothelioma, or other asbestos-induced diseases. Lawsuits resulting from wrongful asbestos deaths are common. The substance was so widely used that exposure was great. The major health risks of asbestos such asmesothelioma were only recently made common knowledge. This has resulted in numerous lawsuits. While the majority of lawsuits are filed by those affected, some suits, like Katherine’s are filed after a death.

The implications are great. Should companies fail to provide the proper safety structure within their company, they face not only liability, lawsuits, but also permanent damage to their reputation. Mishandling of any wrongdoing can result in huge losses. Asbestos is a huge concern and companies that did not the right measure ought to take responsibility for their actions, or in this case, inaction.

The failure to do so may end up coming back with a vengeance. Increasingly, family members of deceased relatives are seeking retribution in asbestos related cases. A slew websites offering legal advice and help dealing with Mesothelioma, and lung cancer caused by asbestos have popped up on TV and the Internet.

Written byLaniShadduck
HULIQ.com

Submitted byLaniShadduck on 2010-01-19

 

http://www.huliq.com/9502/90598/asbestos-exposure-may-come-haunt-after-death

 

 
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Mesothelioma – Second Hand Exposure – Wrongful Death Mesothelioma Lawsuit

Suit alleges woman contractedmesothelioma by washing family's work clothes
6/7/2010 11:29 AM By Michelle Massey, East Texas Bureau 

TYLER-After years of cleaning the asbestos-containing clothes of her father, husband, and son, Claudia Headley wasdiagnosed with malignantmesothelioma and died from the disease on May 30, 2008.

Claudia's husband Robert and her sons Scott and Steven Headley filed awrongful death lawsuit against Shell Energy North America (US) LP, Royal Dutch Shell PLC, Exxon Mobile Corp. andAlonUSA, as successor in interest toCosden Petroleum, on May 28 in the Tyler Division of the Eastern District of Texas.

According to the complaint, Claudia's father worked at a refinery inBig Spring for 38 years. Robert Headley and Scott Headley also worked for refineries.

"Decedent contractedmesothelioma as a result of household exposure to asbestos from repeatedly checking the pockets of and washing her Family's clothes, which were coated with asbestos dust," the lawsuit claims.

The defendants are accused of breaching their duties to provide a safe place to work, to warn of the hazards of employment, to protect independent contractors from work related hazards, in taking precautions to protect the safety of others when an employee performs work that is inherently dangerous and to avoid a foreseeable risk of injury to others.

The defendants should have known that the materials their men worked around were "deleterious and highly harmful" to Claudia Headley's health and well-being, the family argues.

Further, the defendants knew that after working in this dusty, asbestos-ridden environment, it would naturally and unavoidably expose Claudia Headley to the same asbestos fibers, dust and particles.

The plaintiffs are seekingwrongful death damages for pecuniary loss, termination of the husband-wife relationship, mental anguish, loss of household services,termination of the parent-child relationship, necessary medical, funeral and burial expenses, exemplary damages, interest and court costs.

Scott W. Wert of Foster & Sear LLP of Grand Prairie is representing the plaintiffs. Jury trial requested.

U.S. District Judge Michael H. Schneider is assigned to the litigation.

Case No. 6:10cv00273

http://www.setexasrecord.com/news/227349-suit-alleges-woman-contracted-mesothelioma-by-washing-familys-work-clothes


 
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Wrongful Death Claims – Asbestos Trades – $15 Million Mesothelioma Jury Award

Baltimore city jury awards $15M formesothelioma death

Daily Record,The (Baltimore), May 16, 2010 by Danny Jacobs

ABaltimore city jury has awarded $15 million to the family of anOakland woman whodied ofmesothelioma as a result of her husband's exposure to asbestos in Ford brakes.

The judgment last month in favor of the family of Joan Dixon would be reduced to approximately $6 million after applyingMaryland's cap for non-economic damages, according to JonathanRuckdeschel, the family's lawyer.

The cap for 2008, the yearDixon was diagnosed, limits non- economic damages inwrongful-death claimsby two or more individuals to just over $1 million. The awards toDixon's four daughters and her husband would be affected by the cap, but the $5 million awarded to Joan Dixon's estate would not be reduced,Ruckdeschel said.

If Ford appeals,Ruckdeschel said, he will challenge the validity of the damages cap on cross-appeal.

Harry S. Johnson ofWhiteford, Taylor & Preston LLP in Baltimore, Ford's lawyer, did not return calls seeking comment.

The alleged asbestos exposure occurred between the early 1960s and the late 1970s, according to the lawsuit.Dixon's husband, Bernard, worked a couple of nights a week at a garage owned by a friend,Ruckdeschel said. Bernard Dixon's garage work was primarily on the brakes of Ford cars,Ruckdeschel said.Dixon also worked on the family cars, also Fords,Ruckdeschel added.

"Mrs. Dixon was exposed to asbestos dust created by Mr. Dixon's work with and around asbestos-containing automobiles containing replacement parts for those automobiles," the complaint states.

Joan Dixon was diagnosed with malignantmesothelioma in March 2008 and died in February 2009.

Three other defendants in the case -- Honeywell International Inc., Georgia Pacific Corp. and Union Carbide Corp. -- reached out- of-court settlements prior to the 12-day trial before Judge John M. Glynn. The jury of five women and one man found against Ford in its cross-claims against the settled defendants,Ruckdeschel said.

The jury reached its verdict after less than three hours of deliberation, saidRuckdeschel, of TheRuckdeschel Law Firm LLC inEllicott City. He said the jury was not persuaded by the defense argument that asbestos in brakes cannot causemesothelioma.

"I think the jury simply didn't believe asbestos from brakes was different from any other form of asbestos," he said.

The family was grateful for the jury's verdict, he added.

"It was a difficult experience for them to go through their wife's and mother's death,"Ruckdeschel said.

Copyright 2010 Dolan Media Newswires

Provided byProQuest Information and Learning Company. All rights Reserved.

 

http://findarticles.com/p/articles/mi_qn4183/is_20100516/ai_n53719392/

 
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Wrongful Death – Asbestos Trades – $1.48 Million Mesothelioma Award

Jury awards $1.48 million inmesothelioma death

By BruceVielmetti of the Journal Sentinel

The estate of a former Harnischfeger worker whodied frommesothelioma was awarded $1.48 million in damages by aMilwaukeeCounty jury last week.

John D. Pender, with his grandchildJohn D. Pender (left, with grandchild) was a painter for Harnischfeger for nearly 40 years. He worked in an area where asbestos-laden dust from ground brake linings accumulated. He died in May 2006 at age 75.

Mesothelioma is a cancer caused by long-term exposure to asbestos.

Robert McCoy, attorney for the plaintiffs, said the jury foundPneumoAbex, the maker of the brake linings, 100% liable for sale of an unreasonably dangerous product, and 75% liable under a separate negligence claim. Harnischfeger was found 25% negligent, but the full award will come fromAbex.

JeromeFeriancek, theMinnesota attorney forAbex, declined comment on the case Monday.

http://www.jsonline.com/blogs/news/94152019.html

 
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Wrongful Death Claims – Asbestos Trades – $15 Million Mesothelioma Jury Award

Baltimore city jury awards $15M formesothelioma death

Daily Record,The (Baltimore), May 16, 2010 by Danny Jacobs

ABaltimore city jury has awarded $15 million to the family of anOakland woman whodied ofmesothelioma as a result of her husband's exposure to asbestos in Ford brakes.

The judgment last month in favor of the family of Joan Dixon would be reduced to approximately $6 million after applyingMaryland's cap for non-economic damages, according to JonathanRuckdeschel, the family's lawyer.

The cap for 2008, the yearDixon was diagnosed, limits non- economic damages inwrongful-death claimsby two or more individuals to just over $1 million. The awards toDixon's four daughters and her husband would be affected by the cap, but the $5 million awarded to Joan Dixon's estate would not be reduced,Ruckdeschel said.

If Ford appeals,Ruckdeschel said, he will challenge the validity of the damages cap on cross-appeal.

Harry S. Johnson ofWhiteford, Taylor & Preston LLP in Baltimore, Ford's lawyer, did not return calls seeking comment.

The alleged asbestos exposure occurred between the early 1960s and the late 1970s, according to the lawsuit.Dixon's husband, Bernard, worked a couple of nights a week at a garage owned by a friend,Ruckdeschel said. Bernard Dixon's garage work was primarily on the brakes of Ford cars,Ruckdeschel said.Dixon also worked on the family cars, also Fords,Ruckdeschel added.

"Mrs. Dixon was exposed to asbestos dust created by Mr. Dixon's work with and around asbestos-containing automobiles containing replacement parts for those automobiles," the complaint states.

Joan Dixon was diagnosed with malignantmesothelioma in March 2008 and died in February 2009.

Three other defendants in the case -- Honeywell International Inc., Georgia Pacific Corp. and Union Carbide Corp. -- reached out- of-court settlements prior to the 12-day trial before Judge John M. Glynn. The jury of five women and one man found against Ford in its cross-claims against the settled defendants,Ruckdeschel said.

The jury reached its verdict after less than three hours of deliberation, saidRuckdeschel, of TheRuckdeschel Law Firm LLC inEllicott City. He said the jury was not persuaded by the defense argument that asbestos in brakes cannot causemesothelioma.

"I think the jury simply didn't believe asbestos from brakes was different from any other form of asbestos," he said.

The family was grateful for the jury's verdict, he added.

"It was a difficult experience for them to go through their wife's and mother's death,"Ruckdeschel said.

Copyright 2010 Dolan Media Newswires

Provided byProQuest Information and Learning Company. All rights Reserved.

 

http://findarticles.com/p/articles/mi_qn4183/is_20100516/ai_n53719392/

 
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Wrongful Death Suit – Asbestos Trades – $2.5 Million Asbestos Lawsuit

Southern Illinois cases included in asbestos MDL: 94-year-oldTennesseean among plaintiffs
5/15/2009 5:21 AM By SteveKorris 

Robreno

PHILADELPHIA -Rubert Ellington ofTennessee, 94-years-old, claims his former employers owe him $2.5 million for wrecking his health.

Ellington sued Illinois Central Railroad atU.S. district court inEast St. Louis in 2007, claiming itexposed him to harmful asbestos from 1959 to 1979.

Lawyer William Gavin ofBelleville added a claim that BNSF similarly harmed him from 1957 to 1959.

Gavin's complaint showed he was born in 1914.

On Thursday, May 14, Ellington answered his phone inMilan,Tenn. and said he couldn't hear well.

He heard a question about his age and said he was born Sept. 21, 1914.

In answer to the next question he said he couldn't hear. He hung up.

His claim will vanish unless Gavin rescues it from swift disposal by U.S. District Judge EduardoRobreno ofPhiladelphia.

Robreno, responsible for pretrial proceedings in asbestos suits from federal courts around the nation, has cleared away claims at a rate of 6,000 a day this year.

He took over the docket last year and required each plaintiff to state a claim against each defendant rather than a blanket claim against all defendants.

Where many plaintiffs joined a single suit, he required a separate suit from each.

His process turned tens of thousands of suits into more than three million suits.

Defendants askedRobreno to dismiss about half the claims with a stroke of a pen, butRobreno preferred a thorough approach.

He asked defendants for "show cause" motions to get rid of claims one by one, and he set weekly hearings for hundreds at a time.

He enlisted a platoon of magistrates to preside over settlement conferences, and he started rounding up mediators.

On May 4 he appointed a mediator for 2,800 plaintiffs fromIndiana,Wisconsin andIllinois, including more than 100 from the Southern District of Illinois.

On May 7 he focused on 22 Gavin plaintiffs and five clients ofSt. Louis lawyer Patrick O'Brien in the Southern District.

They all sued Illinois Central as their former employer.

Among those who listed home towns, not one lived inSouthern Illinois.

Two O'Brien clients came from Heyworth and the others came fromDecatur,Champaign and Tuscola, all in the Central District.

An O'Brien complaint lists a litany of more than 20 ways to cough, plus a lament of constant medical care.

The same words appear in each complaint.

Gavin sued on behalf of three and four men at a time, claiming common issues regardless of occupation, location or duration.

In one case he asserted common questions for acarman who started work in 1950, a laborer who started in 1953, an electrician who started in 1974, and an electrician who started in another city in 1972.

All four lived inAlabama.

In another suit Gavin asserted common questions for two engineers and twocarmen whose jobs began from 1934 to 1971.

The complaint didn't say where the plaintiffs lived.

Another suit showed twoMississippi plaintiffs, one fromAlabama, and one fromCoconino County,Ill.

Illinois lacks aCoconinoCounty, though it could use one. The realCoconinoCounty, inArizona, features theGrand Canyon.

Gavin didn't specify damages for any client but Ellington.

None of the cases remained in the Southern District for long.

Defendants asked the U.S. Judicial Panel on Multi District Litigation to transfer them toPhiladelphia, and the panel granted transfers.

This February, defendants filed show cause motions asserting that plaintiffs didn't state specific claims asRobreno required.

O'Brien responded that he didn't receive notices to comply withRobreno's order and didn't know about it until defendants posted the motions at the Southern District.

Terry Brown ofBelleville entered an appearance as his co-counsel.

Gavin didn't respond as smoothly as O'Brien.

On April 24 the court received responses on behalf of Gavin's clients, arguing that they met the requirements of the order in 2007.

The responses bore the signature of Hector Sandoval, ofRoven-Kaplan inHouston.

On April 27 clerks declared the responses deficient because they didn't come through Sandoval's password.

The Gavin and O'Brienplaintiffs suits started from 2004 to 2007.

On May 11 a new case fromSouthern Illinois bubbled up onRobreno's front burner.

The Multi District Panel sent him awrongful death suit that MichaelCascino ofChicago filed in January on behalf of the late EdwardShotts.

According to the complaintShotts died in 2005, at age 76.

Cascino didn't give his residence, but a work history placed him inIndiana.

Prior to transfer, defendantsOwens-Illinois andGuard Line Inc. argued that a two year limit had run out onwrongful death.

Airgas Merchant Gases echoed the argument and added that the complaint was devoid of facts.

Diseases

From all five O'Brien complaints: Plaintiff has developed or is at risk to develop one or more of the following diseases: asbestosis, lung cancer,mesothelioma, asbestos related pleural disease, mixed dust, pneumoconiosis, occupational asthma, bronchitis, obstructive lung disease, chronic obstructive lung disease, silicosis, shortness of breath, reduced lung function, chronic persistent cough, chest congestion, sleep interruption, aggravation of pre-existing and co-existing disease, throat cancer, laryngeal cancer, lymphoma, gastrointestinal cancer, colon, stomach and rectal cancer, other asbestos related cancers, other diesel fume and exhaust related cancers, and other cancers associated with toxic exposure to solvents, chemicals, industrial products or chemicals, dusts, and/or particles.

The complaints also state that plaintiff has been under constant medical care and attention and will continue to receive same.

http://www.madisonrecord.com/news/219046-southern-illinois-cases-included-in-asbestos-mdl-94-year-old-tennesseean-among-plaintiffs


 
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Mesothelioma and Death – Asbestos Trades –Mesothelioma Lawsuit

Woman Allowed To Sue Over Husbands Mesothelioma Death

Posted by admin May 12th, 2009 | 

brakes

AGreenfield,Wisconsin woman has been granted the chance to sue the brake manufacturer that she says is responsible for the death of her husband. The District 1 Court of Appeals has given VickiTatera the ability to sue FMC Corp. for negligence after the company failed to inform users that their brakes contained asbestos.

Tatera’s husband, Walter, worked at a machine shop where he ground brake linings down to be installed in automobiles. Mrs.Tatera claims that the dust from the FMC Corp. brake linings led to hers husband’smesothelioma and death in 2004.

Exposure toairborne asbestos fibers can lead to a number of illnesses including asbestosis and malignantmesothelioma. Mesothelioma, a fatal form of cancer, usually begins in the pleura or peritoneum and around 2,000 new cases are diagnosed annually in theUnited States. Symptoms of asbestos related illnesses typically take between 20 and 50 years to appear and often include shortness of breath and chest pain. For peritonealmesothelioma symptoms include weight loss and abdominal pain. Currently, there is no cure formesothelioma but new treatments continue to be developed.

Asbestos was popularly used in a number of construction and insulation materials in the first half of the century. Not until the 1970’s were the dangers of asbestos made public and theU.S. government implemented regulations on its use.

FMC Corp. denies the allegations and the case will now go to trial.

Source: http://www.chicagotribune.com/news/chi-ap-wi-asbestoslawsuit,0,5181046.story
 
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Asbestos-Related Deaths – AsbestosWongful Death –$250 Million Asbestos Contamination Fund

Grace to Pay Feds $250 Million forMontana Asbestos Cleanup

Taxpayers have been footing the bill for the EPA's investigative and cleanup work in Libby since 1999

March 12, 2008

Image:Photodisc Green

W.R. Grace & Co. has agreed to reimburse the federal government $250 million for the investigation and cleanup ofasbestos contamination blamed for sickening hundreds of people, some fatally, in the northwesternMontana town ofLibby.

Approval of a federal bankruptcy judge is necessary to cement the agreement announced Tuesday by the U.S. Justice Department, which said $250 million is a record sum for reimbursement through the government's Superfund environmental cleanup program.

Taxpayers have been footing the bill for the U.S. Environmental Protection Agency's investigative and cleanup work in Libby, where the agency arrived in 1999. Expenses total $168 million and another $175 million in costs are likely, said PaulPeronard, EPA's Libby project leader.

Sen. Max Baucus, a Montana Democrat, called $250 million "a drop in the bucket compared to the destruction and pain our neighbors in Libby have been through."

Asbestos came from the vermiculite mine and processing facilities, a few miles fromLibby, that Grace owned and operated from 1963 until the site's closure in 1990. Vermiculite was used in a variety of products and the asbestos was dispersed in a variety of ways.

Workers carried it home on their clothing. Asbestos also ended up in the yards of homes where vermiculite was spread as a soil conditioner. Exposure in Libby has been blamed for lung-scarring asbestosis and formesothelioma, a fast-moving cancer that attacks the lungs.

"Cleaning up the mess and taking care of the Montanans poisoned by W.R. Grace will take years of hard work," Sen. Jon Tester, D-Montona., said in a statement Tuesday. "It will also require responsibility from a company that knowingly turned so manyMontana families into victims."

In a statement issued through spokesman Greg Euston, Grace said it was pleased with the agreement. Euston said Grace, which is in Chapter 11 bankruptcy proceedings because of lawsuits over asbestos, had no other comment. The industrial-supply company is based inColumbia,Maryland.

The agreement would settle a government claim to recover expenses for past and future costs of asbestos cleanup in Libby homes, businesses and schools.

More than 215asbestos-related deaths in Libby have been confirmed and a clinic in the community, the Center for Asbestos Related Disease, is following about 2,000 asbestos cases, said JonHeberling, a Kalispell lawyer with clients pursuing legal action for asbestos exposure.

"Any judgment against Grace is a good one,"GaylaBenefield of Libby said Tuesday. "This is a step forward; $250 million is nothing to sneeze at considering that in 1999 they (Grace) were saying, 'We didn't cause the problem. We didn't do anything.'"

Benefield has said she suffers health effects from asbestos exposure and lost both parents to asbestos-related diseases.

The EPA'sPeronard said the remaining cleanup work in Libby is likely to take three to five years.

In 2001, the government filed a lawsuit to recover costs and in 2003, the EPA won a $54 million judgment for cleanup costs incurred through Dec. 31, 2001. However, the money went unpaid during Grace's bankruptcy protection. The settlement announced Tuesday includes that 2003 judgment, the Department of Justice said.

Besides removing soil around homes and businesses, cleanup has included removing building insulation and debris containing asbestos.Peronard said cleanups have been completed at 954 properties, and 450 remain on a cleanup list. Still to be decided: what to do about some 700 properties that are in the Libby area and are contaminated but do not meet removal criteria.

Meanwhile, Grace has until April 14 to file a petition with the U.S. Supreme Court, asking for review of a 9th U.S. Circuit Court of Appeals decision about evidence in a trial. A 2005 indictment charged Grace and seven of its former managers with conspiring to hide health risks associated with the Libby mine. Grace has denied any criminal wrongdoing. One of the indicted managers, Alan Stringer, died of cancer last year. His wife, Donna, said the death was not related to asbestos.

Copyright 2008 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.law.com/jsp/article.jsp?id=1205322352097

 
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Wrongful Death – Asbestos Company – $1.3 Million Asbestos Claim

Plaintiffs Lawyers Seek New Trial After Contrite Juror E-Mails to Say He Changed His Vote

Henry Gottlieb

New Jersey Law Journal

April 13, 2010

A plaintiff whose$1.3 million asbestos claim was no-caused by a jury has asked for a new trial because a juror confessed he switched his vote at the end of the 10-hour deliberation, saying that otherwise, "we would've never gotten out of there."

TheHudson County,N.J., jury found by a 7-1 vote that the widow ofPATH railroad worker Alan Olson failed to prove that the company'shandling of asbestos hazards was negligent and caused hisdeath by lung cancer. The defense blamed the death on his 31 years of smoking.

Six days after the March 16 verdict, the plaintiffs lawyers atWilentz, Goldman & Spitzer inWoodbridge,N.J., received an e-mail from a male juror saying the panel did believe asbestos played a role and that he and others were on the plaintiff's side before he changed his vote in the case,Olson v.Port Authority Trans Hudson Corp., HUD-L-1577-07.

"I wish I would've kept my Vote for the family I think about it everyday it shouldn't be like that ... then I feel like we would've never gotten out of there,"Wilentz Goldman's Gregory Shaffer quoted the juror as saying in the March 22 e-mail, which was both apologetic and ungrammatical.

The e-mail also said, "We all new [sic] smoking had a part in it but asbestos/fumes had its roll [sic] as well."

Shaffer excerpted the message without identifying the juror in a brief askingHudson County Superior Court Judge BernadetteDeCastro to order a new trial. The grounds: the jury did not fulfill its sworn function to base its decision on the facts.

A 6-2 vote is insufficient for a verdict underNew Jersey law requiring agreement by five-sixths of a civil panel.

Shaffer said in an interview on Thursday that the e-mail was a bit incoherent. Nonetheless, he concluded in his brief that it supported the idea that extraneous concerns, not the evidence, tainted the deliberations.

"On its face, this juror is stating that he had decided for the plaintiff," Shaffer's brief says. "He is stating thatasbestos/fumes had its role in a strict comparative case. Yet, he is stating that he did not fulfill his sworn duty to vote on the case based upon his determination of the facts. Rather, he wanted to get out of there."

"Furthermore, this juror reveals that his fellow jurors did not fulfill their function as well," Schaffer's brief says. "On its face, this juror witnessed that the other jurors did not vote as they had determined the facts to be."

The e-mail included expressions of sympathy and sorrow and barbs against other members of the panel of three women and five men, though it's hard to glean from the message exactly what did happen.

"I just want to send my deepest apologies for my part in the Olson case," the juror wrote. "It was a common sense case and we had two jurors who had none. At one point we were 6-2 for the family. I did everything in my power to change their vote but nothing worked. I just didn't understand how it was so easy for us to say no and then yes for theOlsons. I just don't understand."

"It's not like the family was going to get 100 percent anyway," the juror wrote.

The first question on the jury verdict sheet asked whether the plaintiff had proven thatPATH was negligent in failing to provide a reasonably safe workplace.

The jury's "no" obviated its need to deliberate further on the question of whether such a failure contributed to the decedent's injury. Or whether Olson contributed to his own injury and what the comparative percentages and the damages were.

Defense counsel DavidKostus of SegalMcCambridge Singer & Mahoney inJersey City declined to comment in advance ofPATH's response to the motion, due April 20.

Shaffer declines to speculate on what the judge might do, but he says the e-mail itself could be grounds for a new trial, even without an inquiry that would involve the questioning of the juror who wrote the message or other panelists.

In "Twelve Angry Men," a craven juror, portrayed by Jack Warden in the movie version, changed his vote to speed things along so he could go to a Yankee game.

But none of the dozens of cases cited in the annotations toNew Jersey Rule of Evidence 606 appear to have a scenario similar to this one: A juror who changed a vote to speed things along, felt remorse later and confessed in an e-mail.

The case law suggests that inquiries by judges to peek into a jury's deliberations at the request of lawyers who don't like the outcome are frowned upon unless there is evidence of overt influence on a juror by a fellow panelist or someone outside the case.

If Shaffer has his way, an argument over the e-mail will become unnecessary. He alleged five trial errors in his motion for a do-over and asked for a judgment notwithstanding the verdict on nine other grounds.

Anne Olson, as administrator of Alan's estate, claimed that his2004 death of lung cancer at the age of 47 was caused by his exposure to asbestos from 1986 to 2004 when he worked atPATH as a sanitation and rail maintenance worker in stations, tunnels and yards.

Shaffer and co-counsel AngeloCifaldi presented evidence during the three-week trial thatPATH's monitoring and control of asbestos and diesel fumes in its facilities were deficient and that it kept its workers in the dark about how to avoid the risks of exposure.

They also presented witnesses, including doctors, to support the allegation that Olson'scancer was caused by asbestos exposure.

A plaintiff's expert pegged thedamages in loss wages and services to his family at more than $1.3 million.

The defense presented evidence that Olson's cancer was caused by three decades of smoking, starting at age 16, and thatPATH's workplace safety programs included measures to protect employees.

http://www.law.com/jsp/article.jsp?id=1202447955919&Plaintiffs_Lawyers_Seek_New_Trial_After_Contrite_Juror_EMails_to_Say_He_Changed_His_Vote

 
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Wrongful Death– Secondhand Exposure –Mesothelioma Verdict

Secondhand Asbestos

By Chung,Huhnsik,Voses, Marc S
Publication: Risk Management
Date: Tuesday, July 1 2008

Asbestos litigation has come a long way since the case ofBoret v.Fibreboard Paper Products Corp. was filed inBeaumont,Texas in 1966. Recent analysis of asbestos liabilities indicates a downward trend. Towers Perrin reported that insured asbestos losses increased in 2006 by approximately $1.9 billion,

but that increase was comparatively lower than the increases of $10.2 billion in 2003, $7.3 billion in 2004 and $7.0 billion in 2005. Similarly, a November 2007 A.M. Best report indicates that the insurance industry's asbestos losses have peaked.

New developments, however, may stimulate another wave of asbestos litigation seeking to hold employers liable for thesecondhand asbestos exposure of employees' household members. secondhand exposure claims are asserted not by people exposed to asbestos dust and fibers while working, but by household members who allege that they contracted an asbestos-related disease from asbestos brought into the home on the clothes or body of family members whose exposure occurred at the workplace. Verdicts in this area, coupled with a lack of unanimity at the state court with respect to employers' liability for secondhand exposure, may provide fertile ground for future lawsuits.

In 2005, aTexas jury awarded $25.7 million to a woman who allegedly developedmesothelioma as a result of laundering her husband's asbestos-laden work clothes. The jury found that the employer acted with gross negligence in failing to protect its workers and their household members against asbestos exposure. They awarded her $13.7 million in compensatory damages and $12 million in punitive damages.

Similarly, a secondhand exposure lawsuit in aNew Jersey state court resulted in a February 2008 jury award of $30.3 million to the family of MarkButtittawho died frommesothelioma. During trial, attorneys for theButtitta family argued that he was exposed to asbestos while working summers at an auto parts warehouse and in his home from asbestos fibers that clung to his father's and brothers' work clothes. WhileButtitta may have been exposed to asbestos in the workplace, his secondhand household exposure claim also made it to the jury. These cases and others like them are significant because they represent a shift from the typical asbestos plaintiff.

This shift in asbestos plaintiffs is highlighted by the case of Amanda Satterfield whosuccumbed tomesothelioma at the age of 25. From all indications, she was never exposed to asbestos in a workplace. Satterfield's attorneys argued that her father, who hauled asbestos beginning in 1973, inadvertently brought asbestos fibers that clung to his work clothes into their home. The case has made its way to the Tennessee Supreme Court, which heard oral arguments in early this year. Satterfield's case begs the question: how many other people in their 20s or 30s have active or latent asbestos related diseases from secondhand household exposure?

While there were also prior secondhand exposure cases, these recent ones provide fodder for the ongoing legal debate as to whether liability should extend to claims by workers' household members who develop asbestos-related diseases from secondhand exposure. Prior cases demonstrate that courts facing this issue are divided. For example, courts inNew Jersey,Louisiana andTexas have held that the danger to household members from secondhand exposure was foreseeable and employers may be held liable for resulting injuries. On the other hand, courts inNew York andGeorgia have found that employers have no liability for asbestos-related injuries from secondhand exposure. Moreover, the absence of case law on the issue of employer liability for the secondhand exposure of household members in many states provides plaintiffs with an abundance of venues in which to bring suit.

The development of case law and verdicts in secondhand exposure lawsuits will be the determining factor as to whether these cases gain sufficient momentum to be deemed a new phase in the history of asbestos litigation. Studies may indicate that asbestos-related liabilities are down, but do not count them out just yet.

http://www.allbusiness.com/legal/torts-damages/11487104-1.html

 
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Secondhand Exposure– Asbestos Company – Mesothelioma Verdict

Secondhand Asbestos

By Chung,Huhnsik,Voses, Marc S
Publication: Risk Management
Date: Tuesday, July 1 2008

Asbestos litigation has come a long way since the case ofBoret v.Fibreboard Paper Products Corp. was filed inBeaumont,Texas in 1966. Recent analysis of asbestos liabilities indicates a downward trend. Towers Perrin reported that insured asbestos losses increased in 2006 by approximately $1.9 billion,

but that increase was comparatively lower than the increases of $10.2 billion in 2003, $7.3 billion in 2004 and $7.0 billion in 2005. Similarly, a November 2007 A.M. Best report indicates that the insurance industry's asbestos losses have peaked.

New developments, however, may stimulate another wave of asbestos litigation seeking to hold employers liable for thesecondhand asbestos exposure of employees' household members.secondhand exposure claims are asserted not by people exposed toasbestos dust and fibers while working, but by household members who allege that they contracted an asbestos-related disease fromasbestos brought into the home on the clothes or body of family members whose exposure occurred at the workplace. Verdicts in this area, coupled with a lack of unanimity at the state court with respect to employers' liability forsecondhand exposure, may provide fertile ground for future lawsuits.

In 2005, aTexas jury awarded $25.7 million to a woman who allegedly developedmesothelioma as a result oflaundering her husband's asbestos-laden work clothes. The jury found that the employer acted with gross negligence in failing to protect its workers and their household members against asbestos exposure. They awarded her $13.7 million in compensatory damages and $12 million in punitive damages.

Similarly, asecondhand exposure lawsuit in aNew Jersey state court resulted in a February 2008 jury award of $30.3 million to the family of MarkButtitta who died frommesothelioma. During trial, attorneys for theButtitta family argued that he was exposed to asbestos while working summers at an auto parts warehouse and in his home from asbestos fibers that clung to his father's and brothers' work clothes. WhileButtitta may have been exposed to asbestos in the workplace, hissecondhand household exposure claim also made it to the jury. These cases and others like them are significant because they represent a shift from the typical asbestos plaintiff.

This shift in asbestos plaintiffs is highlighted by the case of Amanda Satterfield who succumbed tomesothelioma at the age of 25. From all indications, she was never exposed to asbestos in a workplace. Satterfield's attorneys argued that her father, who hauled asbestos beginning in 1973, inadvertently broughtasbestos fibers that clung to his work clothes into their home. The case has made its way to the Tennessee Supreme Court, which heard oral arguments in early this year. Satterfield's case begs the question: how many other people in their 20s or 30s have active or latent asbestos related diseases fromsecondhand household exposure?

While there were also priorsecondhand exposure cases, these recent ones provide fodder for the ongoing legal debate as to whether liability should extend to claims by workers' household members who develop asbestos-related diseases fromsecondhand exposure. Prior cases demonstrate that courts facing this issue are divided. For example, courts inNew Jersey,Louisiana andTexas have held that the danger to household members from secondhand exposure was foreseeable and employers may be held liable for resulting injuries. On the other hand, courts inNew York andGeorgia have found that employers have no liability for asbestos-related injuries fromsecondhand exposure. Moreover, the absence of case law on the issue of employer liability for thesecondhand exposure of household members in many states provides plaintiffs with an abundance of venues in which to bring suit.

The development of case law and verdicts insecondhand exposure lawsuits will be the determining factor as to whether these cases gain sufficient momentum to be deemed a new phase in the history of asbestos litigation. Studies may indicate that asbestos-related liabilities are down, but do not count them out just yet.

http://www.allbusiness.com/legal/torts-damages/11487104-1.html


 http://asbestosnewsdaily.com/state/572/pg/1/Texas%20Mesothelioma%20Lawyer.html


 Texas – Second Hand Exposure – Mesothelioma Verdict

Secondhand Asbestos

By Chung,Huhnsik,Voses, Marc S
Publication: Risk Management
Date: Tuesday, July 1 2008

Asbestos litigation has come a long way since the case ofBoret v.Fibreboard Paper Products Corp. was filed inBeaumont,Texas in 1966. Recent analysis of asbestos liabilities indicates a downward trend. Towers Perrin reported that insured asbestos losses increased in 2006 by approximately $1.9 billion,

but that increase was comparatively lower than the increases of $10.2 billion in 2003, $7.3 billion in 2004 and $7.0 billion in 2005. Similarly, a November 2007 A.M. Best report indicates that the insurance industry's asbestos losses have peaked.

New developments, however, may stimulate another wave of asbestos litigation seeking to hold employers liable for the secondhand asbestos exposure of employees' household members. secondhand exposure claims are asserted not by people exposed to asbestos dust and fibers while working, but by household members who allege that they contracted an asbestos-related disease from asbestos brought into the home on the clothes or body of family members whose exposure occurred at the workplace. Verdicts in this area, coupled with a lack of unanimity at the state court with respect to employers' liability for secondhand exposure, may provide fertile ground for future lawsuits.

In 2005, aTexas jury awarded $25.7 million to a woman who allegedlydevelopedmesothelioma as a result of laundering her husband's asbestos-laden work clothes. The jury found that the employer acted with gross negligence in failing to protect its workers and their household members against asbestos exposure. They awarded her $13.7 million in compensatory damages and $12 million in punitive damages.

Similarly, a secondhand exposure lawsuit in aNew Jersey state court resulted in a February 2008 jury award of $30.3 million to the family of MarkButtitta whodied frommesothelioma. During trial, attorneys for theButtitta family argued that he was exposed to asbestos while working summers at an auto parts warehouse and in his home from asbestos fibers that clung to his father's and brothers' work clothes. WhileButtitta may have been exposed to asbestos in the workplace, his secondhand household exposure claim also made it to the jury. These cases and others like them are significant because they represent a shift from the typical asbestos plaintiff.

This shift in asbestos plaintiffs is highlighted by the case of Amanda Satterfield whosuccumbed tomesothelioma at the age of 25. From all indications, she was never exposed to asbestos in a workplace. Satterfield's attorneys argued that her father, who hauled asbestos beginning in 1973, inadvertently brought asbestos fibers that clung to his work clothes into their home. The case has made its way to the Tennessee Supreme Court, which heard oral arguments in early this year. Satterfield's case begs the question: how many other people in their 20s or 30s have active or latent asbestos related diseases from secondhand household exposure?

While there were also prior secondhand exposure cases, these recent ones provide fodder for the ongoing legal debate as to whether liability should extend to claims by workers' household members who develop asbestos-related diseases from secondhand exposure. Prior cases demonstrate that courts facing this issue are divided. For example, courts inNew Jersey,Louisiana andTexas have held that the danger to household members from secondhand exposure was foreseeable and employers may be held liable for resulting injuries. On the other hand, courts inNew York andGeorgia have found that employers have no liability for asbestos-related injuries from secondhand exposure. Moreover, the absence of case law on the issue of employer liability for the secondhand exposure of household members in many states provides plaintiffs with an abundance of venues in which to bring suit.

The development of case law and verdicts in secondhand exposure lawsuits will be the determining factor as to whether these cases gain sufficient momentum to be deemed a new phase in the history of asbestos litigation. Studies may indicate that asbestos-related liabilities are down, but do not count them out just yet.

http://www.allbusiness.com/legal/torts-damages/11487104-1.html

 
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Wrongful Death – Asbestos Exposure - Mesothelioma Deaths

 

Mesothelioma Deaths Ruled ‘Negligent Homicide’

 

Posted on Monday, May 03, 2010.


Theshipbuilding industry is the single most hazardous work environment in terms of asbestos exposure.  Now some Italian executives are being forced to own up to that fact and face jail time.  An Italian court has convicted three ex-executives of the Fincantieri shipbuilding company inPalermo of ‘negligent homicide’ in themesothelioma deaths of 37 former employees.   The court ruled the defendants failed to protect or even warn the workers about the inherent risks of asbestos exposure – even though the danger had been known for years.

 

Shipyards are where large ocean-going vessels, such as cargo ships, oil tankers, military vessels or submarines are built or repaired.  Before the health risks of asbestos were known, such as causing mesothelioma, the mineral was prized in the shipbuilding industry for its strength, durability, anti-corrosive properties and heat resistance – qualities which made it an ideal insulator.  Until the 1980’s, asbestos was frequently used in ships to cover pipes, insulate walls, floors, ceilings, and boiler rooms, and in gaskets, gasket coverings, turbines and pumps.

 

Every year, about 10,000 people worldwide, many of them shipping industry workers, contract mesothelioma because of asbestos exposure.  Shipyard workers whose job it was to repair ships, sailors who worked on those ships, and even longshoremen who loaded and unloaded ships were routinely exposed to asbestos, with sometimes deadly consequences. A 1980 study conducted atNew York’s Mt. Sinai School of Medicine found that, among shipyard workers with 20 years or more of experience,86 percent showed signs of asbestos-related cancer or other disease.  Many of the study subjects had been exposed to asbestos during World War II, when asbestos use was at its peak and the fast pace of ship repair and maintenance had many shipyards covered in the toxic dust.

 

Workers who are exposed to asbestos over an extended period of time are at highest risk for developing mesothelioma, which may not cause symptoms for 20 to 50 years.  Asbestos is no longer used in the construction of new ships, but is still present in older ships, putting those who repair or restore them at continued risk.  For this reason, the Occupational Safety and Health Administration (OSHA) now strictly regulates asbestos exposure in shipyards.  

 

But despite such regulations around the world since the 1980’s, many workers, including those who worked at the Fincantieri shipyard, are still being exposed illegally. The Fincantieri company was found to have continued to use asbestos in its shipbuilding operations until 1999, three years after asbestos had been outlawed inItaly.  The convicted Fincantieri executives received sentences ranging from three to seven-and-a-half years in jail and will have to pay millions of Euros in damages to the families of the dead workers and to another 26 workers who are still living with mesothelioma.

 

Sources:

 

Ex-Fincantieri Directors Jailed After Asbestos Trial, April 26, 2010, LifeIn Italy.com

Nicholson, William, et al. “Lung Cancer Prevalence Among Shipyard Workers”, January 11, 1980. American Journal of Industrial Medicine, Volume 1, Issue 2. Pp. 191-203.

OSHA Regulations 29-CFR, 1915-1001

 

http://www.survivingmesothelioma.com/news/view.asp?ID=00432

 
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Wrongful Death – Asbestos Trades – Mesothelioma Death

 

Industrial Engineer Dies from Mesothelioma

 

Source:Lexington Herald-Leader,Lexington,KY, July 6, 2008, extracted

September 30, 2008.

 

Menard, Don Luther

 

Don Luther Menarddied at age 73, on Nov. 24, 2008, at his home inBellevue,Washington. He died after a battle with mesothelioma, an aggressive form of lung cancer which is caused by asbestos exposure. Don was born Feb. 6, 1935 inAltus,Oklahoma to Rev. Raphael (Ray) W. Menard and Florence MaeBelle Doughty Menard.

He graduated fromPurcellHigh School in 1953. He was honored in his senior high school yearbook as class ''wittiest'', a distinction he kept throughout his life. In

1960, he received a Bachelor's degree inIndustrial Engineering and Management fromOklahomaStateUniversity. There, he became an active member of the Sigma Nu Fraternity. He later held memberships to the National Society of Professional Engineers, the Texas Society of Professional Engineers, and the Oklahoma Society of Professional Engineers.

In 1960, he married Marie Pettyjohn. They had three daughters and divorced in the early 70s.

 

From 1958-1964, Don served in the US Air Force. He has worked in the oil and gas industry all over the world, including in Oklahoma, Texas, California, Louisiana, Lybia, the Persian Gulf, Iraq, and

Afghanistan. Don was a true patriot and until his illness beginning early this year, he proudly contributed to the war effort as an independent contractor inIraq andAfghanistan.

In his spare time, he loved learning about and traveling to many countries of the world. He was looking forward to traveling next toTibet andIndia when he wasdiagnosed with mesothelioma in June of this year.

 

He is survived by his beloved daughters, Debbie Ferrier of Tulsa, OK, Susan Menard of Bellevue, WA, and Shari Menard of Helsinki, Finland grandchildren, Kevin, Chelsea and Keenen Ferrier of Tulsa, OK, and Allison Milburn of Bellevue, WA sisters, Patsy M. Hardin ofTulsa,OK and Martha M. Menard of Denton, TX brother-in-law, Carl Siberts and 9 nieces and nephews.

He was preceded in death by his parents, Raphael W. Menard and Florence MaeBelle Doughty Menard, and sister, Helen Ruth Menard Siberts, and brother-inlaw,

Lynn Hardin. A memorial service will be held in the Chapel atBostonAvenueMethodistChurch inTulsa, at 1:00pm, on Saturday, December 6.Moore's Funeral Home inTulsa is in charge of arrangements 918-622-1155. He told us, ''Don't send flowers, they make me sneeze!''. Gifts may be made to: The John McNamara Foundation,21115 Devonshire St.,Chatsworth,CA91311 (www.thejohnmcnamarafoun dation.org) or Asbestos Disease Awareness

Organization,1525 Aviation Blvd., Suite 318,Redondo Beach, CA 90278 (www.banasbes tos.us) or Pacific Heart, Lung and Blood Institute,11818 Wilshire Boulevard, Suite 200,Los Angeles, CA 90025 (www.phlbi.org).

He devoted his life to raising his three daughters, who wish to express: We will always remember his lifelong devotion to us, and his undying love, friendship and fatherly protection. He is, and always will be, our hero.

 

Published on Legacy.com, 12/8/2008
 
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Mesothelioma Wrongful Death – $2.6 Million Mesothelioma Verdict

 

McLeanCounty jury awards $2.6 million in 2006 asbestos death case

Pantagraph staff | Posted: Thursday, March 5, 2009 12:00 am

 

BLOOMINGTON - AMcLeanCounty jury awarded $2.6 million Wednesday to family members of a woman who died as a result of an asbestos-related ailment.

Jean Holmesdied in April 2006 of mesothelioma. Roger and John Holmes, sons of the 93-year-old women, were represented in the three-week trial byBloomington lawyers James Wylder and Lisa Corwin with Wylder Corwin Kelly LLP.

 

According to court records, Jean Holmes was exposed to asbestos when she laundered clothing belonging to her husband, Donald Holmes, who worked atBloomington's Union Asbestos and Rubber Company, later known as UNARCO Industries, in 1962 and 1963.

 

Lawyers for the Holmes' family argued that she was never warned of the dangers of asbestos. The jury deliberated about 2 1/2 hours.

 

Wylder and Corwin argued that defendants Pneumo Abex LLC and Honeywell International Inc., through their corporate predecessors, Abex and Bendix, conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens Corning and Metropolitan Life Insurance Company, to suppress information about the hazards of asbestos.

Employees and customers were not cautioned about the dangers of the substance, the lawyers said.

Posted in News on Thursday, March 5, 2009 12:00 am Updated: 2:00 pm.

 

http://www.pantagraph.com/news/article_a728adb4-2812-560d-a996-fa6162b3209b.html

 
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Mesothelioma Wrongful Death – $850,000 Mesothelioma Verdict

Woman Awarded $850,000

Nov 29, 2006 | AP

 

AMcLeanCounty jury has awarded 850-thousand dollars to a woman whose  husband died from a form of cancer caused by asbestos exposure.

The award for Judith Blessing is the thirdMcLeanCounty lawsuit in 14 months won by plaintiffs accusing a company of conspiring to hide asbestos dangers.

The plaintiff's attorney, said Judith's husband Robert Blessing first experienced symptoms of mesothelioma in June 2005 anddied in December 2005.

He worked as a builder and inspector at Union Asbestos and Rubber Company'sBloomington plant from 1953 to 1960.

The jury yesterday ordered Honeywell International Incorporated to pay 150-thousand dollars in damages and700-thousand dollars in wrongful death damages.

Jury awards in three lawsuits against Honeywell have totaled more than eleven (M) million dollars.

 

Associated Press

 
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Diagnosed with Asbestos Diseases – Asbestos Related Deaths

L.A. Tops Nation In Asbestos-Linked Deaths

Mar 4, 2004 |Los Angeles Daily News

 

Los AngelesCounty has more asbestos-related deaths than anywhere else in the country, and the incidence of illness caused by the mineral is expected to rise over the next 20 years, a report released today says.

The report by the Environmental Working Group estimated that 1,227 county residents died of asbestos-related illness from 1979 to 2001, slightly more than the 1,051 inCookCounty, Illinois., which encompasses theChicago area. Nationwide, some 10,000 people died of asbestos-related disease in 2002.

Experts saidLos Angeles' large population, plus the widespread asbestos use in the shipping industry and post-World War II construction, help explain the county's high death figures.

"We were just floored when we looked at the deaths from this substance," said Richard Wiles, senior vice president of the Washington, D.C.-based environmental group. "We need to think of this as a 50-year problem because we still haven't banned asbestos.

Asbestos fibers can become embedded in the lungs and cause asbestosis essentially, scar tissue in the lungs or a usually fatal form of cancer calledmesothelioma. Not all people exposed to asbestos become ill, but even small amounts can cause mesothelioma.

Until its dangers became well-known, asbestos was commonly used in construction and insulation materials and as a fire retardant. Its use peaked in the mid-1970s, when there were more than 3,000 asbestos-laced products on the market, though there were few safeguards for workers and their families exposed to asbestos dust.

Even today, asbestos is used in some cement pipes, vinyl floor tiles, duct insulation, floor backing and decorative plaster.

Cancer and other diseases linked to asbestos can remain dormant for 20 to 50 years, meaning people who worked with the fibers before safeguards were phased in during the 1970s could still develop potentially fatal illnesses.

U.S. Sen. Orrin Hatch, R-Utah, chairman of the Senate Judiciary Committee, has proposed the creation of a trust fund, financed by asbestos manufacturers and insurance companies, to handle lawsuits filed by asbestos victims and their families without bankrupting businesses.

Insurance companies anticipate $120 billion in asbestos claims worldwide and have pushed for national legislation to cut litigation, streamline the compensation process and set aside money to help peoplediagnosed with asbestos diseases.

"We know that 90 percent of current claimants have no signs of illnesses, but they are trying to get in before all these companies go bankrupt," said Peter Moraga, spokesman for the Insurance Information Network of California.

Already, some 70 companies have filed for bankruptcy protection.

Michelle Harrington has filed a $100,000 claim against W.R. Grace, which declared bankruptcy in 2001, in part because of damages awarded in wrongful-death suits stemming from its mine inLibby,Mont., where some 200 townspeople died from asbestos-related diseases.
 
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Mesothelioma Wrongful Death - – $5.2 Million Mesothelioma Verdict

 

Worker's Family Wins $5.2 Million Asbestos Verdict

 

Feb 24, 2004 | AP A jury awarded $5.2 million in damages Tuesday to the family of a refinery worker who died of lung disease that he blamed on exposure to asbestos-laden insulation made by a subsidiary of Pfizer Inc.

The jury in El Paso County deliberated about two hours before returning the verdict against Quigley Co.

Lawyers for the family of Luis Ytuarte Sr. said during a weeklong trial that he became ill after many years of handling a powdered insulation that Quigley made to protect furnaces, pipes and boilers.

Ytuarte was an insulator, brick mason and laborer in a Phelps Dodge Corp. copper refinery inEl Paso from 1948 through the mid-1980s.

He wasdiagnosed with mesothelioma, a form of cancer linked to asbestos exposure, in February 2002 anddied nine months later at age 77.

A lawyer for the Ytuarte family, said Quigley officials knew about the dangers of the asbestos in the insulation for years but continued to sell the product until 1974.

"It boils down to the jury feels you have a company that chose profit over safety and worker health," said the Ytuarte family lawyer.

The jury awarded the family $2.7 million in compensatory damages and $2.5 million in punitive damages.

The award will be reduced by the amount that the family has received in settlements from other companies that made asbestos-containing products used at the plant,Moreno said. He estimated those settlements totaled about $500,000.

A separate lawsuit by the family against Phelps Dodge is scheduled to go to trial in October in the same courtroom of Judge Javier Alvarez.

 

Associated Press

 

February 25, 2004 -Texas jury awards asbestos victim $5.2M

 

ATexas jury has ordered an insulation manufacturer to pay the family of a deceased refinery worker $5.2 million in damages (Ytuarte v. Quigley Co. Inc.). The deceased worked as an insulator, mason and laborer for Phelps Dodge Refining Corp. from 1948 through the mid 1980s and frequently handled insulation, called Insulag, used on pipes, boilers and furnaces. Insulag was manufactured by Quigley Corp. The plaintiffs allege that the company knew as early as 1959 that the asbestos contained in Insulag posed a health threat but continued to manufacture and sell Insulag until 1974. The plaintiff died one year after being diagnosed with mesothelioma at age 77. The jury ordered Quigley Corp. to pay $2.706 million in compensatory damages and $2.5 million in punitive damages. Other defendants which manufactured asbestos-containing products used at the Phelps Dodge facility had previously settled their liability for $500,000. The award against Quigley will be reduced by the amount obtained in the previous settlements.

 

Associated Press, PR Leased Line on 02/24/2004

 

https://www.facworld.com/Facworld/ENVPOLL.NSF/FacWorld/February2004North%20America?OpenDocument&Ref=HotTopics

 
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Mesothelioma Wrongful Death – $700,000 Mesothelioma Verdict 

 

MESOTHELIOMA VERDICT: JURY AWARDS $700,000

2009-08-06 14:52:13 (GMT) (WiredPRNews.com - Mesothelioma Asbestos, Press Releases)

Dallas, Texas (Mesothelioma Cancer News) — Case Style: Estelle Firth, Individually and as Representative of the Estate of Thomas Firth,deceased; Kimberly Horner and Donna Reynolds, vs. AGCO Corporation, et al., In the Court of Common Pleas, Richland County South Carolina; Cause No: 2007-CP-40-02580

Jury Verdict: $ 700,000.00

Plaintiff(s): Thomas Firth, deceased; Estelle Firth, Kimberly Horner and Donna Reynolds.

Defendant: Garlock Sealing Technology, LLC

Verdict Date: June 26, 2009

Facts: Thomas Firth, a 72-year oldSouth Carolina resident, suffered frommesothelioma caused by asbestos exposure. Firth was diagnosed with mesothelioma in November, 2006 and died from this fatal disease on July 13, 2007.

Tom Firth’s only known exposure to asbestos happened at Bethlehem Steel, Sparrows Point, in the 1950s where he worked for less than a year. He was a mechanic’s assistant on a battery of Coke ovens and worked with Garlock gaskets and packing on the many pumps and vales associated with the Coke ovens.

Following less than 5 hours of deliberations, the jury returned a $700,000 dollar verdict in favor of the Firth family. The jury found that the Garlock gaskets and packing were a substantial factor in causing Thomas Firth’s mesothelioma and death. The jury concluded that the company negligently failed to warn Thomas Firth and others of the inherent dangers of working with their asbestos products.

“We are so happy for Firth family. While Garlock has admitted outside of the court room that their products can cause cancer they refuse to do so in the court room. It was satisfying to hear the jury unanimously find that Garlock’s asbestos products were dangerous and that Garlock is responsible for this terrible loss to the Firth family,” said Chris Panatier, lead counsel for the Firth family.

Plaintiff attorneys: Chris Panatier & Jessica Dean; Simon, Eddins & Greenstone, LLP,Dallas,Texas.

Defense attorneys: Tim Bouch and Kevin Ward; Leath, Bouch, Crawford and Von Keller, LLP,Charleston,South Carolina.

Judge: Honorable Larry Patterson

Plaintiff experts: Dr. Arnold Brody (cell biologist); Dr. Edwin Holstein (Occupational Medicine); and Steve Hays (Industrial Hygienist).

FOR ADDITIONAL INFORMATION CALL ABOUT THE FIRTH CASE CONTACT JESSICA DEAN (214) 276-7680.

FOR ADDITIONAL INFORMATION ABOUT MESOTHELIOMA AND ASBESTOS EXPOSURE, VISIT www.SEGLaw.com.

 

http://www.wiredprnews.com/2009/08/06/mesothelioma-verdict-jury-awards-700000_200908065024.html
 
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Mesothelioma Wrongful Death – $2.25 Mesothelioma Verdict 

 

$2.25 million awarded in asbestos death

Jury finds reckless disregard for safety by Fisher Controls in case of Falls man

By Matt Gryta

NEWS STAFF REPORTER

Updated: October 22, 2009, 7:17 am
Published: October 22, 2009, 12:30 am

 

A Buffalo jury has ordered a St. Louis-based supplier of industrial control valves and control systems to pay the estate of a Niagara Falls man $2.25 million for the formerHooker Chemical repairman’s death from cancer, court officials confirmed Wednesday.

Following a six-week trial, the jury held Fisher Controls financially liable for the asbestos-causedmesothelioma that killed Ronald Drabczyk. Hedied at 70 on Nov. 29, 2005, nine years after his retirement from the Niagara Falls plant.

Drabczyk, from 1970 through 1988, regularly repaired valves manufactured by Fisher Controls that contained asbestos gaskets and packing, trial attorneys said.

The jury found Fisher Controls had acted with reckless disregard for Drabczyk’s workplace safety, making it 100 percent financially responsible for his painful death under New York law, court officials said.

Court officials said the verdict, which includes a $750,000 punitive damages award, marks both the first time Fisher Controls has been found liable for using asbestos in its products and the first punitive damages award in a New York State asbestos case in more than 20 years.

Trial attorneys Jordan Fox of the New York firm of Belluck & Fox, Michael P. Joyce of Boston, Mass., and Cherie L. Peterson of the Buffalo firm of Lipsitz, Green, Scime and Cambria said they anticipate an appeal by Fisher Controls in an effort to cut down the jury total.

During the jury trial before State Supreme Court Justice John P. Lane, attorneys for Drabczyk established that officials of Fisher Controls, a subsidiary of Emerson Electric Co., were aware of the dangers of asbestos in the workplace as early as 1946 but failed to place any warnings on their products.

“The jury’s verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves,” Fox said.

“Although we cannot bring Mr. Drabczyk back, we hope this verdict will send a message that these actions will not be tolerated,” added Fox,whose New York City-based firm is a major litigator of asbestos and mesothelioma cases across the nation.

mgryta@buffnews.com

http://www.buffalonews.com/2009/10/22/835561/225-million-awarded-in-asbestos.html

 
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Missouri - $4.5 Million Asbestos Death Verdict

 

Family Gets $4.5 Million in Asbestos Suit

 

Jurors Critical Of Companies That Supplied Products

POSTED: 6:49 pm CDT June 3, 2009

UPDATED: 11:51 am CDT June 4, 2009

 

KANSAS CITY,Mo. -- The family of a man whodied of mesothelioma battled three major companies and won on Wednesday in aClayCounty court.

The jury awarded the family of Robert Wagner a $4.5 million settlement in a suit that alleged that exposure to asbestos-contaminated products led to hisdeath.

Wagner worked for years installing tiles, wood and other materials containing asbestos in buildings such asCrownCenter andKansas CityInternationalAirport. Much of the work was done before OSHA regulated construction sites for asbestos.

 

More than 30 years after working with the products Wagnerdied from mesothelioma, a cancer his family said he developed from exposure to theasbestos-contaminated materials.

The judgment was against Bondex International, Conwed Corporation and Simpson Timber Company.

 

After three weeks of testimony the jury found in favor of Wagner. Two jurors said the companies knew about the asbestos in the products but failed to determine how much exposure would be considered deadly.

Wagner's family declined comment as did the attorneys representing the companies.

 

Copyright 2009 by KCTV5.com. All rights reserved.

 

http://www.kctv5.com/news/19650641/detail.html

 
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Mesothelioma Wrongful Death - $2.6 Million Death Verdict

 

JURY AWARDS $2.6 MILLION AGAINST ALLIS CHALMERS CORPORATION

By NancyGalloway on March 24, 2009 United States ofAmerica

255

JURY AWARDS $2.6 MILLION AGAINST THE ALLIS-CHALMERS CORPORATION Simon, Eddins & Greenstone, LLP and Early, Ludwick & Sweeney, LLC gains Multi-Million Dollar Verdict

 

FOR IMMEDIATE RELEASE

(Free-Press-Release.com) March 24, 2009 --

Case Style: David H. Fortier, et al., vs. Aerco International, Inc., et al, In the Superior Court J.D. ofFairfield atBridgeport,Connecticut, No. BA 06-5005849S

 

Jury Verdict: $ 2,595,000.00 million

 

Plaintiff(s): David H. Fortier,deceased and Gail M. Fortier

 

Defendant: Allis-Chalmers Corporation

 

Verdict Date: March 10, 2009

 

Facts: David Fortier, a 59-year oldFlorida resident, suffered from mesothelioma caused by asbestos exposure. Fortier was diagnosed withmesothelioma in 2006 and died fromthis fatal disease on June 20, 2008. Fortier was a fireman assisting machinist mates in the machinery spaces on the USS Forrestal from 1969-1972. He regularly worked on and around Allis-Chalmers pumps that contained asbestos gaskets and packing. Many of the pumps were also covered in asbestos insulation.

 

JURY AWARDS $2.6 MILLION AGAINST ALLIS CHALMERS CORPORATION

Following less than five hours of deliberations, the jury returned a $2.6 million dollar verdict in favor of the Fortier family. The jury assessed $1,775,000.00 in non-economic damages and $820,000.00 in economic damages. The jury found that theAllis-Chalmers Corporations pumps were a substantial factor in causing Dave Fortier’sdeath. The pumps were found to be defectively designed and the jury concluded that the company negligently failed to warn Dave Fortier and others of the inherent dangers of working with their asbestos-laden pumps.

 

“We are so happy for Gail Fortier and her family. David Fortier did exactly what he was supposed to do – he worked hard to provide for his family and served his country honorably. He had no idea that Allis-Chalmers products could hurt him. Allis-Chalmers had every to know that using their product could hurt people, people like Dave Fortier and continued to sell their pumps with no warnings. Only the jury force Allis-Chalmers to accept responsibility. On Tuesday, they unanimously decided that this company was liable for what they did to David and his family,” said Jessica Dean, lead counsel for the Fortier family.

 

Plaintiff attorneys: Jessica Dean, Eddins & Greenstone, LLP,Dallas,Texas

 

Christopher Meisenkothen, Early, Ludwick & Sweeney, LLC;New Haven,Connecticut.

 

Defense attorneys: Jeff Ment, Rome McGuigan, P.C.,HartfordConnecticut

 

Morris Borea,Rome McGuigan, P.C.,HartfordConnecticut

 

Judge: Honorable David Honorable David R.

 

Plaintiff experts: Dr. Arnold Brody (cell biologist); Captain William Lowell (Retired Navy Captain); Dr. Gary Crakes (economist); Jerald Abraham, M.D. (pathologist); and Steven Paskal (industrial hygienist).

 

FOR ADDITIONAL INFORMATION CALL: JESSICA DEAN (214)

 

http://www.free-press-release.com/news/200903/1237922095.html

 
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Mesothelioma Wrongful Death – $1.4 Million Mesothelioma Verdict

 

Former pipefitter recovers $1.4 million asbestos verdict!

2009-09-24 03:38:09 (GMT) (JusticeNewsFlash.com - Justice News Flash, Mesothelioma Asbestos)



Legal news forTennessee asbestos attorneys. The spouse of adeceased pipefitter recovered a $1.4 million verdict.

 

Tennessee Asbestos lawyers alert- Hamilton County Circuit Court awarded a $1.4 million verdict to the wife of a pipefitter whodied from Mesothelioma cancer.

 

Chattanooga,TN—A Hamilton County judge awarded a $1.4 million to the spouse of a former pipefitter whodied of Mesothelioma cancer on Monday, September 21, 2009. The verdict was awarded against National Service Industries, who conducting business as North Brothers, as reported by ABC affiliate News Channel 9.

 

The case titled, Kenneth W. Jackson v. Breeding Insulation Company, Inc. et al., Hamilton County Circuit Court, Division 1, case no, 07C936, reached a decision on Monday after a seven day trial. The unanimous decision, which was reached after almost two days of deliberation, awarded Marian H. Jackson $1.4 million, who is the surviving spouse of Kenneth Jackson. From 1952-1986,Jackson worked as a pipefitter at Combustion Engineering inChattanooga, where he was continuously exposed to asbestos-containing products. Some of the asbestos-containing productsJackson came into contact with were manufactured or sold by North Brothers. Asbestos is a known toxic material to humans. Primary and secondary exposure to asbestos and asbestos containing materials can cause respiratory illnesses and fatal diseases like Mesothelioma lung cancer. There is no known level of safe exposure to asbestos.

 

The court found that Mr. Jackson was exposed to the North Brother’s products, and their products caused or contributed toJackson’s development of Mesothelioma cancer. The jury also discovered North Brothers sold defective products to the company Jackson worked for, Combustion Engineering. The other defendants, except for the North Brother’s, all settled with claimant, or were dismissed prior to the trial taking place.

Legal News Reporter: Nicole Howley-Legal news forTennessee asbestos lawyers.

 

http://www.justicenewsflash.com/2009/09/24/pipefitter-recovers-14-million-asbestos-verdict_200909242235.html

 
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Wrongful Death - $ 5.9 Million Mesothelioma Verdict

 

RobertJohnsen vs. Kaiser Gypsum

San Francisco Jury Awards $5,900,000 toPeninsula Executive

 

On May 18, 2006, aSan Francisco jury awarded $5,900,000 to RobertJohnsen ofSunnyvale,California for asbestos-related cancers.  The verdict against Kaiser Gypsum Company, Inc., a company that made asbestos-containing drywall products, is one of the largest ever in such a case.

 

RobertJohnsen was a 74-year old high-tech business executive who, at the time of his diagnosis, was working with Zero-G, a Cupertino, California-based company offering zero gravity (weightless) flights.

Mr.Johnsen was exposed to Kaiser Gypsum’s asbestos products when he remodeled his homes inColorado during the 1960’s and when he supervised the building of his home and office for his employer inCalifornia during the 1970’s.

In January 2005, Mr.Johnsen was diagnosed with malignantmesothelioma and lung cancer (two separate cancers).  Mr.Johnsen was a lifelong non-smoker.  At that time his prognosis was determined to be terminal and he was given a six-month life expectancy.  Hedied in March 2007 at the age of 75.

 

Mr.Johnsen filed his lawsuit on July 11, 2005, naming several defendants.  On May 18, 2006, the twelve-person jury found that the remaining defendant, Kaiser Gypsum, was responsible, in part, for RobertJohnsen’s cancers.  The jury found that Kaiser Gypsum’s products were defective.  Mr.Johnsen personally used Kaiser Gypsum’s products from 1956 to 1970 during which time he undertook five to six home and basement remodels for himself and others.

 

The jury found that Mr.Johnsen suffered $940,000 in lost income and medical expenses and awarded $5,000,000 in pain and suffering.  Plaintiff’s expert witnesses included Dr. Barry Horn, apulmonologist from Berkeley, California; Dr. Richard Cohen, a physician who testified regarding the state-of-the-art, from Saratoga, California; Dr. Jerrold Abraham, a pathologist from Syracuse, New York; Dr. Arnold Brody, a cellular biologist from Tulane University in New Orleans; Richard Hatfield, an industrial hygienist and materials analyst from Suwannee, Georgia; Dr. Allan Smith, an epidemiologist from Berkeley, California, and Dr. Barry Ben-Zion, an economist from Santa Rosa, California.

 

Defense expert witnesses included Dr. William Hughson, apulmonologist and epidemiologist from San Diego, California; Dr. Gerald Meyers, apulmonologist from Berkeley, California; Dr. Douglas Fowler, a Certified Industrial Hygienist from Redwood City, California; Dr. Arthur Langer, a mineralogist from Brooklyn, New York; Dr. John Craighead, a pathologist fromFerrisburg, Vermont, and Edward vanderBogert, a construction management and safety expert from Lynnwood, Washington.

 

http://www.phhlaw.com/node/222

 
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Iowa - Mesothelioma Death

 

Former Dubuque mayor and city councilman dies of Mesothelioma

Former mayor Tully dies at age 69

Dubuque Telegraph Herald

Tuesday, April 20, 2010

By Craig D.Reber

FormerDubuque mayor and city councilman Tom Tully died Monday night ofmesothelioma, a rare form of cancer.
Tully, 69, was well-known in the city, serving on a number of civic organizations, and in the state ofIowa. Tully was one of the founders of theDubuque Area Committee on Foreign Relations; he was also a member of the National Security Network, and served as chairman of theIowa chapter after its founding in 2006.
Tully is survived by his wife Joan and two children.
Funeral arrangements are pending.

http://www.thonline.com/article.cfm?id=280236

 
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Mesothelioma Wrongful Death - Mesothelioma Verdict

 

MESOTHELIOMA CASE ROUNDUP

March 2010

Juries have returned verdicts totaling tens of millions of dollars in three recentmesothelioma cases.

The unidentified families of twoPennsylvania menwho died from theasbestos-related disease were awarded $17 million against Crane Co. andGarlock Sealing Technologies. In another case, JayneMenssen, who worked as a secretary from 1967-69 at an Illinois asbestos fabrication facility, won a $17.87 million judgment last month againstPneumoAbex, LLC, Honeywell International and their predecessors.

In a take-home contamination case, aMaryland jury awarded Leroy Conway, Jr., 45, a total of $9.94 million for exposure to asbestos in his pre-teen years, when his father worked as an engineman on an oil tanker and carried asbestos home on his clothes. The verdict went against the ship’s owner-operator, ATTRANSCO, Inc. 

 

http://www.pattonboggs.com/newsletters/insights/Release/insights_2010_03.htm#20

 
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Mesothelioma Wrongful Death - $12 Million Verdict Mesothelioma Death

Family of mill worker who died from asbestos exposure awarded $2 million

ByBobbyKerlik
PITTSBURGH TRIBUNE-REVIEW
Wednesday, February 3, 2010

AnAlleghenyCounty jury awarded the family of aPlum man whodied from asbestos exposure $2 million.

The jury returned a $50 million verdict last week in favor of the BarryBaumener estate and against 25 companies named as defendants after a two-week trial. All of the companies except one —Oglebay Norton Co. of Ohio and its division, Ferro Engineering — settled out of court,Baumener's attorney, John Kane, said.

Ferro will have to pay $2 million because the jury ordered each of the 25 defendants to pay 4 percent of the total. The 24 companies who settled out of court are immune to the jury's verdict.

Attorneys for Ferro could not be reached for comment.

Baumener wasdiagnosed withmesothelioma, a cancer of the lining of the lungs, in April anddied in October. He was 62, Kane said.

Baumener worked for Carpenter Technology, a steel mill inReading. He sued several companies in May, including Ferro, alleging that the company sold asbestos-containing products to the mill where he worked.

Baumener and his wife, Marsha, moved from theirReading home into his daughter'sPlum home after his diagnosis.

"I think the jury understood the severity of the injury and the devastation on the entire family," Kane said.

Kane declined to say how much the family settled for in the other cases but said it was far less than $50 million.

http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_665362.html

 
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Asbestos Related Claims - $7 Mesothelioma Verdict

ASBESTOS JUDGMENTS COST DUPONT $7 MILLION CHEMICAL GIANT LOSES THREE OF FIVE CLAIMS


Publication: THECHARLESTON GAZETTE
Published: 03/06/2002
Page: 1C
Headline: ASBESTOS JUDGMENTS COST DUPONT $7 MILLION CHEMICAL GIANT LOSES THREE OF FIVE CLAIMS
Byline: LAWRENCE MESSINA

larrym@wvgazette.com

Leonard Dale Cox was chief executive officer of the Bank of Gassaway when doctors told him that asbestos was about to kill him.

Cox, 52, had never worked with the heat- and fire-resistant fibers. Nonetheless, they had coated his lungs enough to promptmesothelioma, an inoperable form of lung cancer.

Doctors soon found the fibers' origin: Cox's father. Cecil Cox had installed asbestos insulation at DuPont's Belle plant from the 1940s until his 1970s retirement. Each day, he brought the fibers home in his work clothes and coveralls.

Leonard Coxdied in 2000. He was 53.His survivors blame DuPont for his fatal illness. A Kanawha Circuit jury agreed with them last week, and ordered DuPont to pay $6.4 million.

That verdict includes $1.7 million for Cox's lost earnings, $2 million for Cox's widow and $300,000 to each of their two children for their loss, another $2 million for his pain and suffering and $118,000 for medical bills.


The jury also awarded $600,000 to the widow of a DuPont laborer and mechanic. DuPont intentionally exposed RoyLupardis to asbestos, the jury found, because the chemical giant knew of the fibers' negative effects throughoutLupardis' 35 years at the Belle plant.

"The jury in this case found that the employer, DuPont, acted with 'deliberate intent,'" William Schwartz, a lawyer forLupardis' widow, said Tuesday. "I think that was a significant finding."

But the jury rejected a similar claim from the family of another longtime DuPont worker. RobertPritt had worked at the Belle plant from the 1940s until 1959. He died ofmesothelioma last year.

The jury also refused to blame DuPont for the lung cancer that killed Page Humphreys. His survivors linked his exposure to his stint as a union contract worker at DuPont'sParkersburg plant in 1960.

But the jury awarded $24,800 to a second contract worker. BernardBelville blames the asbestos-related thickening of the lining of his lungs on his 10 weeks at the Belle plant.

The jury reached its various verdicts Friday, capping a three-week trial before a pair of judges assigned all asbestos-related claims.

The case originally involved more than 60 plaintiffs and a number of companies. All but the five claims against DuPont settled before the trial's opening statements.

Asbestos claims generally allege that the companies that made, used or installed the fibrous material had known for decades of its health hazards, but suppressed that knowledge until the 1970s.

The state workers' compensation system normally handles injury claims against employers. Workers must clear a series of legal hurdles when they file suit against employers, as in the case ofLupardis andPritt.

Senior Judge AndrewMacQueen and Judge MartinGaughan presided over the trial, which was held at the Robert C. Byrd United States Courthouse to accommodate the number of lawyers involved.

The jury started deliberating Thursday afternoon and returned its verdicts Friday evening.

To contact staff writer Lawrence Messina, use e-mail or call 348-4869.

http://www.harvitschwartz.com/Newspaper%20articles/ASBESTOS%20JUDGMENTS%20COST%20DUPONT.htm
 
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Mesothelioma Wrongful Death –PhiladelphiaPennsylvania 

Philadelphia Asbestos Verdict - $25.2 million

The Legal Intelligencer – March 20, 2008

The Legal Intelligencer reports that after a reverse-bifurcated trial, aPhiladelphia jury awarded $25.2 million in compensatory and punitive damages to compensate for malignantmesothelioma deaths. Plaintiffs in the three cases requestedKentucky law; two settled after the compensatory damage phase. According to plaintiffs’ attorneys,Kentucky law ultimately permitted the jury to award higher punitive damages than it could underPennsylvania law. Here’s an excerpt:

His case,Baccus v. Crane Co., was brought against the Crane Co., John Crane and Yarway, a company. The defendants sought to haveKentucky law apply to the jury's findings inBaccus and the judge agreed. The jury had previously awarded $7 million in compensatory damages to Baccus and apportioned liability in the amount of 45 percent against John Crane, 35 percent against Crane Co. and 20 percent against Yarway, Shein said.

The jury, applyingKentucky law, also found Yarway and Crane Co. "grossly negligent for failure to warn of the dangers of asbestos in reckless disregard of the safety of others," Shein said. The jurors assessed $11.9 million in punitive damages against Crane Co. and $6.3 million against Yarway.

Shein said this is the first case inPhiladelphia he has seen in more than 20 years in which a jury awarded punitive damages in an asbestos case. He said the standard for applying such damages in an asbestos case inPennsylvania is "much, much higher." He saidPennsylvania usually defers the finding of punitive damages until later in the case whereasKentucky law instructs the court to do it sooner.

The defendants, Shein said, wanted to apply Kentucky law because it uses an apportioned liability standard in which each of the defendants, even those who previously settled, are given an individual portion of liability. ThePennsylvania model is more akin to "in for a penny, in for a pound," Shein said, in which each defendant splits the damages equally.

"The thing kind of backfired on them because the jury held all of the settled defendants zero-percent responsible," he said.

The defendants that settled before the compensatory damages phase of the trial were Ingersoll Rand, THAN, IMO/DeLaval, Westinghouse, OwensIllinois and Goulds Pumps.

http://lawprofessors.typepad.com/mass_tort_litigation/2008/03/philadelphia-as.html

 
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Asbestos Wrongful Death

State court affirms $30.3M award toGlenRidge family

Tuesday, April 6, 2010

BY KIBRET MARKOS

The Record - STAFF WRITER

 

A state appeals court has affirmed a $30.3 million personal-injury award to the family of a deceased Glen Ridge executive who sued his former employer for asbestos exposure.

Mark Buttitta, who worked part-time at an auto parts warehouse in Englewood in the 1970s, was diagnosed with lung cancer in 2001 and died a year later at age 50.

His family later filed a lawsuit, saying he was exposed to asbestos from the brakes and clutches stored at the warehouse, which was run by General Motors. They also sued the companies manufacturing and supplying the clutches.

A jury in Superior Court in Hackensack found in a February 2008 verdict that Buttitta’s cancer was caused by his exposure to asbestos at the warehouse. Several defendants, including GM, had settled their claim with the Buttitta family.

Borg-Warner, which supplies clutches, and asbestos mining company Asbestos Corporation Ltd. of Canada, are responsible for paying the judgment.

The companies appealed the verdict, which was upheld in a 73-page opinion by an appellate panel on Monday.

Donald MacLachlan, the attorney for the Buttitta family, said the total amount has now reached close to $40 million because of post-judgment interest.
 

A state appeals court has affirmed a $30.3 million personal-injury award to the family of a deceasedGlenRidge executive who sued his former employer for asbestos exposure.

Mark Buttitta, who worked part-time at an auto parts warehouse inEnglewood in the 1970s, was diagnosed with lung cancer in 2001 and died a year later at age 50.

His family later filed a lawsuit, saying he was exposed to asbestos from the brakes and clutches stored at the warehouse, which was run by General Motors. They also sued the companies manufacturing and supplying the clutches.

A jury in Superior Court inHackensack found in a February 2008 verdict that Buttitta’s cancer was caused by his exposure to asbestos at the warehouse. Several defendants, including GM, had settled their claim with the Buttitta family.

Borg-Warner, which supplies clutches, and asbestos mining company Asbestos Corporation Ltd. ofCanada, are responsible for paying the judgment.

The companies appealed the verdict, which was upheld in a 73-page opinion by an appellate panel on Monday.

Donald MacLachlan, the attorney for the Buttitta family, said the total amount has now reached close to $40 million because of post-judgment interest.

http://www.northjersey.com/news/040610_State_court_affirms_303M_award_to_Glen_Ridge_family.html

 
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Lifelong Haverfordian Dean Kannerstein Dies at 67 from Mesothelioma

By Michael Novinson -Wednesday, November 25th, 2009

 Greg Kannerstein ‘63 died Tuesday of complications from mesothelioma, a form of cancer almost always caused by exposure to asbestos. He was 67.

Kannerstein spent 37 of his 41 years at Haverford as a dean, 23 years as Athletic Director and 15 years as head baseball coach. He came to Haverford in 1968 as Assistant Dean of Students, assembled the Class of 2009 as Acting Dean of Admissions and served as Dean of the College from July 2006 to July 2009.

Kannerstein began working in July as a Special Advisor to Institutional Advancement and Lecturer in General Programs when health issues forced him to take a medical leave last month. His illness was diagnosed only weeks ago.

President Dr. Stephen G. Emerson ‘74 notified students and alumni of Kannerstein’s death through an e-mail sent at 10:30 a.m. Wednesday.

“When I saw an email from Haverford titled ‘Greg Kannerstein,’ my heart sank,” Jonathan Schwartz ‘90 wrote in the memory book on Kannerstein’s memorial webpage, http://memorialwebsites.legacy.com/gregkannerstein.

The announcement of Kannerstein’s death surprised most students, administrators and alumni.

“I am in total shock after reading the e-mail I received,” Jen Suarez ‘09 wrote in the memory book. “[Kannerstein] was a great man and mentor who was willing to do anything and everything for us students at Haverford; even if it meant taking a pie to the face for a school event.”

Generations of Haverford students and staff have interacted with Kannerstein, dating back to Kannerstein’s own days as a student.

“We were roommates in the ‘armpit’ of Barclay form the time we both entered Haverford in fall 1959,” Ben Stavis wrote. “I can’t begin to recount memories, and would be too embarrassed for both of us if I tried.”

Loren Ghiglione ‘63 is the former dean ofNorthwesternUniversity’s Medill School of Journalism and worked with Kannerstein on the editorial board of The Haverford News.

“It is extremely difficult for me to accept that Greg is dead,” Ghiglione wrote. “[Kannerstein] set a standard for excellence in everything he did. And yet he was filled with humility and never took himself too seriously.”

After graduating from Haverford in 1963, Kannerstein worked briefly as a sportswriter and “rewriteman” at the Philadelphia Bulletin. He then returned to the classroom, earning a master’s degree from Penn in English and folklore and a doctorate fromHarvardUniversity’s Graduate School of Education, where he wrote his thesis on the desegregation of black and white colleges in several cities. Kannerstein taught numerous classes at Haverford throughout his career.

Current Haverford students know Kannerstein as the former Dean of the College, occasional course instructor, and supporter of everything from athletic teams to Honor Council to student journalism to Quaker life.

“Greg was one of the first people I met as a freshman,” Sam Gerstin ‘10 wrote. “[He] called me into his office and introduced me to a sophomore cricket player, who convinced me to come out for the team. For 3+ years, I would see [Kannerstein] walking around campus, and he would always notice me and give me a shout.”

Virtually everybody who has communicated with Kannerstein over the past several decades appreciates his passion for the institution and all of its students.

“Greg Kannerstein exemplified all that’s good about Haverford,” Misha Segal wrote. “He will willing to suffer fools – to see the potential in streams of knucklehead 18-21 year-old student-athletes like me, despite evidence (some strong) that would argue otherwise.”

Kannerstein is survived by his wife Elissa, stepdaughter Sara Slkaroff Carey, son-in-law Keven Carey and granddaughter Edie.

There will be no funeral service. A campus memorial service is being planned.

http://www.biconews.com/?p=21983

 
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Working with deadly dust cost plumber his life

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Published Date:21 November 2009

A RETIRED plumber died from cancer caused by exposure to deadly asbestos at work, an inquest heard.

Trefor Williams died eight months after being diagnosed with malignant mesothelioma.

The 67-year-old from Greenfield Rise, Cowplain, had been exposed to the deadly dust throughout his 50-year career as a plumber.

Mr Williams died from pneumonia caused by the cancer in the right side of his chest on February 2.

WifeElizabeth, known as Anne, said: 'He had been a plumber all his life.

'His first job on his first day was cutting asbestos pipes to show he could saw straight. During his lifetime he had always been a plumber and worked on and off with asbestos.'

She added: 'He used to come home and I would shake out his overalls. We didn't give it a thought.

'Trevor used to say a man was his own safety officer, but he couldn't protect himself from asbestos because we didn't know the dangers.'

Recordng a verdict that Mr Williams died from an industrial disease,Portsmouth and south-east Hampshire coroner David Horsley said: 'Quite clearly, from the evidence I have heard, I can say he has caught (mesothelioma) through working with asbestos all his life.'

http://www.portsmouth.co.uk/newshome/Working-with-deadly-dust-cost.5844265.jp

 
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Mesothelioma Kills Korean War Veteran at the Age of 81

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William J. Haines Sr.

By: Doylestown Intelligencer - November 17, 2009 03:05 AM

The Intelligencer

William J. Haines Sr. of Hatboro died on Saturday, Nov. 14, 2009, atDoylestownHospital. He was 81.

He was the beloved husband for 42 years of Florence H. Johnson Haines who died in 2000.

Born inPhiladelphia, he was the son of the late William and Ella Monks Haines.

Bill was a resident of Hatboro for 76 years. He was a lifelong farmer who knew what the earth was for. He and his family farmed throughout Bucks andMontgomery counties for many years.

After his retirement from farming he went to work for theUpperMorelandParks and Recreations Department, for several years.

Bill was a proud veteran having served in the U.S. Army during the Korean Conflict.

A lifelong Democrat, he faithfully worked the polls during all the elections.

He enjoyed deer hunting in the mountains and salt water fishing at theNew Jersey shore, and sometimes he would even try his luck at a game of chance. He was a movie buff, who enjoyed watching an old movie on a dreary day.

He will be deeply missed by his devoted family and friends.

He is survived by his children and their spouses: Marie Doras of Daleville, Va., William J. Haines Jr. and his wife, Elizabeth, of Berwick, Pa., and Patricia M. Taylor and her husband, Mark, of New Britain; two brothers, Jack Haines and his wife, Joan, of Ohio, and Howard Haines and his wife, Vivian, of Rushland.

He also is survived by four grandchildren: Patty Lee, Donna Lynn, Joseph, and Angela; four great-grandchildren: Marie, Heather, Christina and Maryellen; and three great-great-grandchildren: Skyler, Theodore and Holly. He also is survived by his special friend, Gail Roth.

Relatives and friends are invited to attend his viewing from 9 a.m. Friday, Nov. 20, until his funeral service at 10:30 a.m. at Joseph A. Fluehr III Funeral Home,241 E. Butler Ave. (Route 202 atSandy Ridge Road),New Britain. Interment will take place inSunsetMemorial Park, Feasterville.

In lieu of flowers, contributions in his name may be made to Mesothelioma Research, c/o University of Pennsylvania, 16 Penn Tower, 3400 Spruce St., Philadelphia, PA 19104, or to a charity of the one's choice. Joseph A. Fluehr III Funeral Home,

http://www.phillyburbs.com/news/news_details/article/92/2009/november/17/william-j-haines-sr-2.html

 
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Mesothelioma claims another victim, a GE retiree

Mesothelioma Claims Life of Another General Electric Retiree 

Marvin R. Allen

November 23, 2009

COLUMBUS: Marvin R. Allen, age 74, passed away Saturday, November 21, 2009 atRiversideMethodistHospital after a courageous battle with Mesothelioma. He was born July 31, 1935 inMoxahala,Ohio to the late Ernest and Agnes (Click) Allen.

He graduated fromNewLexingtonHigh School, Class of 1953, and ICS Chicago. Marvin retired from General Electric Superabrasives in 1995 after 27 years of service. He was a member of York Lodge #563 F & AM, and as an avid golfer, was a long-time member of York Golf Club.

His survivors include his wife of 52 years, Sue (Longstreth) Allen; daughter, Andrea Allen ofEdwardsville,IL; sons, Scott (Sue Ann) Allen of Mason, OH and Dennis Allen ofWorthington,OH; grandchildren, Ray, Katie, Caitlin, Denise, and Shannon Allen; brother, Barney (Sandy) Allen of Tyler, TX and many nieces and nephews. Family and friends may call from 5:00-8:00 p.m. Monday, November 23rd at the RUTHERFORD-CORBIN FUNERAL HOME, 515 High St., Worthington, OH 43085 where a memorial service will be held 11:00 a.m. Tuesday, November 24, 2009 with Rev. John Kay and Rev. Vincent Frey officiating.

In lieu of flowers, memorial contributions may be made to the Mesothelioma Research Foundation of America,5716 Corsa Ave., Suite 203,Westlake Village,CA91362,http://mesofa.org/support or the American Heart Association,5455 N. High St.,Columbus,OH43216, http://donate.american herat.org.

Condolences for the family may be sent to: www.rutherfordfuneralhomes.com

http://www.zanesvilletimesrecorder.com/article/20091123/OBITUARIES/911230338

 
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Suit claims asbestos caused refinery worker's Mesothelioma, death

11/23/2009 12:32 PM By David Yates 

Keith Hyde

A widow has filed suit against ChevronUSA, alleging the oil giant negligently exposed her late husband, Billy Cunningham, to asbestos and inflicted him with mesothelioma.

Provost Umphrey attorney Keith Hyde filed the personal injury lawsuit on Betty Lou's behalf in Jefferson County District Court on Nov. 20.

"During Cunningham's employment with Gulf Oil, he used and was exposed to toxic materials including asbestos dust and/or fibers," the suit said. "As a result of such exposure, he developed an asbestos-related disease, Mesothelioma, for which he died a painful and terrible death on Feb. 11, 2009."

The suit alleges that the oil conglomerate knew for decades that asbestos-containing products could cause the disease asbestosis and other asbestos-related cancers but still allowed its employees to work with and around the naturally occurring mineral.

"The defendant acted with malice...and gross neglect for exposing Cunningham to asbestos," the suit states.

"The defendant failed to timely and adequately warn workers of the dangers of asbestos...and failed to take the necessary engineering, safety, industrial hygiene and other precautions and provide adequate warning and training to ensure that the deceased was not exposed to the asbestos-containing products."

Asbestos, an excellent fire retardant, was used for centuries in the construction of buildings.

The plaintiff is suing for exemplary damages and seeks "to recover from the defendant an amount in excess of the jurisdictional limits of this Court.

"Further, plaintiff seeks a claim for prejudgment interest for all elements allowed them," the suit says.

Judge Donald Floyd, 172nd Judicial District, will preside over the case.

Case No. E185-373

http://www.setexasrecord.com/news/223222-suit-claims-asbestos-caused-refinery-workers-mesothelioma-death
 
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Army Veteran and Aurora Caterpillar Tractor Company Employee Dies of Mesothelioma

James R. Walton

Morris Daily Herald -Created: Tuesday, November 24, 2009

Mr. James R. Walton, 80, of Morris, passed away early Sunday morning, Nov. 22, 2009, at his home after losing a battle with Mesothelioma.

Funeral services will be held at 10 a.m. Wednesday, Nov. 25, at theFirstUnitedMethodistChurch in Morris with Rev. Deb Percell officiating.

Interment will be atAbrahamLincolnNationalCemetery in Elwood.

Visitation will be held from 4 p.m. to 7 p.m. Tuesday, Nov. 24, at Fruland Funeral Home,121 W. Jefferson St., in Morris.

Born Feb. 27, 1929, in McComas, W.V., James was the son of James and Ellen (Gaither) Walton. He graduated fromMcComasHigh School and later attended engineering school.

James was a veteran of the U.S. Army.

He married Betty Bailey on Sept. 21, 1949, inBluefield,Va. They lived most of their married life in Morris. He was employed at Aurora Caterpillar Tractor Company and the Joliet Arsenal. He was also employed for more than 25 years at theMorrisHospital.

Survivors include his three sons, Kirby (Paulette) Walton of Anderson, Ind., Randy Walton of Morris and Duanne Walton of Morris; three grandchildren, Alexandra and Phillip Walton and Erica (Roy) Salcido; four great-grandchildren, Joseph and Aria Grandadas, Ashley Williams and Aneiah Salcido; two sisters, Kay May of Maryland and Donna (Randall) Hamilton of W.V.; and several nieces and nephews.

He was preceded in death by his parents; his wife, Betty, on March 11, 2008; one son, Kenneth, in infancy; and three sisters, Jacquilyne Alverson, Sandra Sparks and Barbara Richardson.

He was a member of theFirstUnitedMethodistChurch and M&M Group at First Christian Church. He was also proud of the 36,000 hours he volunteered at the Morris Hospital Lifeline and Patient Transportation Service.

Fruland Funeral Home,121 W. Jefferson St., Morris, is in charge of arrangements. For more information, call 815-942-0700 or sign the online guestbook at www.frulandfuneralhome.com.

http://www.morrisdailyherald.com/articles/2009/11/23/82595434/index.xml

 
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Working with deadly dust cost plumber his life

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Published Date:21 November 2009

 

A RETIRED plumber died from cancer caused by exposure to deadly asbestos at work, an inquest heard.

 

Trefor Williams died eight months after being diagnosed with malignant mesothelioma.

The 67-year-old from Greenfield Rise, Cowplain, had been exposed to the deadly dust throughout his 50-year career as a plumber.

Mr Williams died from pneumonia caused by the cancer in the right side of his chest on February 2.

WifeElizabeth, known as Anne, said: 'He had been a plumber all his life.

'His first job on his first day was cutting asbestos pipes to show he could saw straight. During his lifetime he had always been a plumber and worked on and off with asbestos.'

She added: 'He used to come home and I would shake out his overalls. We didn't give it a thought.

'Trevor used to say a man was his own safety officer, but he couldn't protect himself from asbestos because we didn't know the dangers.'

Recordng a verdict that Mr Williams died from an industrial disease,Portsmouth and south-east Hampshire coroner David Horsley said: 'Quite clearly, from the evidence I have heard, I can say he has caught (mesothelioma) through working with asbestos all his life.'

http://www.portsmouth.co.uk/newshome/Working-with-deadly-dust-cost.5844265.jp

 
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Mesothelioma Death Rates inNortheast England at Record Levels

Thursday, November 19, 2009

The total number of workers in the northeast section ofEngland who are suffering from mesothelioma has reached the highest levels yet recorded. Worse still, an extensive research report of the British government's Health and Safety Executive (HSE) office states that the number of people in the region to be diagnosed with the disease is not due to reach its full height until the year 2016.

The study results imply that workers in the industrial region will continue to be treated for the disease, which affects the fluid surrounding the lungs, for years to come. Mesothelioma is a rare and often fatal form of cancer that frequently arises from long-term exposure to asbestos fibers. Patients with the disease often die within eighteen months of receiving the diagnosis. With incidences of mesothelioma on the rise, the HSE is treating the situation as a regional and national health crisis.

Investigators at the HSE have predicted that the number of mesothelioma cases will continue to increase for at least another seven years. Reports show a total of 2,046 men died due to mesothelioma in 2005 and 2,058 in 2006, with a sharp increase to 2,156 in 2007. Results from the study also examined the frequency of incidence among females; since jobs that require exposure to asbestos are in male-dominated sectors such as construction, demolition and mining, male patients had an incidence rate five times higher than their female co-workers.

However, the death rate for females rose at a much steeper rate. From 2002 to 2004, the death rate from malignant mesothelioma among females was 11.19 per million, compared to 87.08 per million among males. From 2005 to 2007, the death rate from mesothelioma among females jumped to 16.41 per million, an increase of over forty-six percent from the previous three years. The death rate among males during the same time period was 89.52 per million, an increase of less than three percent.

During the 1950s and 1960s, northeasternEngland was an industrial center, with numerous facilities specializing in coal mining and shipbuilding. Many of these facilities used asbestos in manufacturing and mining processes. Although women did not typically work in these areas at the time, the theory is that many of the women who contracted the disease did so by being exposed to asbestos fibers that clung to the male worker's clothing.

An HSE representative asserted that asbestos exposure for workers in the area was not simply a problem of the past, but still poses a serious health threat to modern workers. Although the British government instituted a total ban on asbestos-containing materials in 2000, at least half a million foreign-owned facilities inBritain still contain asbestos at varying levels. According to the HSE spokesman, asbestos "isBritain's biggest industrial killer".

One of they key initiatives that the HSE office is likely to start is an asbestos education program for both the workers on the ground and the supervisors and managers of the affected facilities. Agency officials also warned that they would step up efforts to prosecute firms that did not follow strict guidelines in cleaning up and disposing of the toxic material, including providing workers with protective clothing and breathing masks, as well as minimizing the danger of exposure to the general public.

Sources: The Northern Echo, FMWorld

 

http://rockin-end.blogspot.com/2009/11/mesothelioma-death-rates-in-northeast.html

 
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Death Rates from Asbestos-Related Lung Disease Mesothelioma Surge – Latest Official Reports

Death rates in theWest Midlands from asbestos-related lung disease Mesothelioma have continued to surge, according to latest official reports.

The Health and Safety Executive revealed provisional figures showing the male regional death rate per million people increased to 46.7 for the two years from 2005 to 2007 compared to 44.7 from 2002 to 2004.

Female deaths also rose from a rate of 6.64 for 2002-04, up to 7.87 in 2005-7.

West Midlands industrial illness lawyer Alida Coates, of Irwin Mitchell, said the fight for justice for Mesothelioma sufferers would continue for years as thousands were still dying from the disease, which does not reveal itself for more than 15 years after exposure to mainly asbestos dust. Builders, factory workers and even teachers had been shown to be at risk from exposure to the harmful cancer-causing particles.

“Although we have known for years that the Mesothelioma death rate was set to peak some time around 2015, seeing the cold, hard statistics always brings home the extent of the problem we continue to face in theUK,” Ms Coates said.

“We handle scores of cases involving Mesothelioma victims annually and each and every one is utterly heartbreaking. It is a fast-acting and fatal disease, the effects of which are felt keenly in theWest Midlands.

“One of the most sickening aspects of these cases is that the majority of the people involved have been negligently exposed to asbestos by employers who, quite simply, knew the risks involved and continued to put the lives of their workforce at risk. We are increasingly seeing cases involving younger people who worked in old buildings like schools and hospitals while there is a rise in cases where family members have been exposed to the deadly fibres brought home on the overalls of their husband or father.

“Although the damage has largely been done – current and future sufferers were mostly exposed to asbestos decades ago – we must not stop fighting for justice for the victims and their families whose lives have been torn apart by this disease.”

The figures relate to across the West Midlands including Shropshire, Staffordshire, Warwickshire,Birmingham,Coventry,Dudley, Sandwell and Worcestershire. Mesothelioma can take between ten and 60 years to develop after exposure to asbestos.

http://www.birminghampost.net/news/west-midlands-health-news/2009/11/03/death-rates-from-asbestos-related-lung-disease-mesothelioma-surge-latest-official-reports-65233-25075968/

 
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Donald J. Pritchard, Veteran and 1980 Bobsled team member dies from Mesothelioma

POSTED: October 19, 2009

Donald J. Pritchard, age 73, ofNiles Road, Ellicottville, died Saturday (Oct. 17, 2009) atBuffalo GeneralHospital following a long illness.

Born on Sept. 23, 1936, in Cattaraugus, he was the son of the late Julian and Margretta Pritchard.

Mr. Pritchard was married Oct. 1, 1977, inSalamanca to the former Cathleen Corneluis, who survives.

He was a graduate ofCattaraugusHigh School, Class of 1954, and a veteran serving in the United States Army inGermany. He was employed as a construction superintendent for more than 40 years working with firms such as L.C. Whitford, Barnes Construction and John Luther and Son. Among his various projects, he was most proud of his work with the Olympic bobsled run at the 1980 Olympics inLake Placid. Other well-known area structures he was involved in constructing included the Cattaraugus County building and jail in Little Valley, the Olean Center Mall and Jamestown High School, as well as building his own former home in Killbuck, New York.

Mr. Pritchard was the first Democratic mayor of Little Valley, serving during the early 1970s and had recently served on the Zoning Board with the Town ofEllicottville. He was a member of the Ellicottville Rotary and the Carpenters Union Local 66, where he had served as past president.

He volunteered with the Salvation Army, Ameri Tool and the Ellicottville Memorial Library. He also served as construction consultant with various Ellicottville homeowners associations.

He was a sports enthusiast who enjoyed the outdoors. He was an avid golfer and member ofHolidayValley.

Surviving besides his wife, are three daughters, Pandora (Steven) Young of Prescott Valley, Ariz., Sonya (Kevin) Keenen of Little Valley and Melanie (Darin Wiechman) Pritchard of Ellicottville; two sons, Major Donald J. Pritchard of the USMC in Jacksonville N.C. and Craig (Sharon) Pritchard of Staatsburg, N.Y.; 10 grandchildren; three brothers, Frank (Elizabeth) Pritchard of Oxford, Fla., Kerry Pritchard of Summer-field, Fla., and Orv Pritchard of Titusville, Fla.; and several nieces and nephews.

Funeral arrangements are under the direction of the O'Rourke & O'Rourke Inc. Funeral Home,25 River St.,Salamanca.

A memorial service will be held Tuesday at 1 p.m. inSt. Paul'sLutheranChurch, Route 219, N. El-licottville, with the Pastor William Kay officiating.

Full military honors will be performed by the American Legion Post 659 Ellicottville.

In lieu of flowers the family suggests memorials to theDonald J. Pritchard Mesothelioma Trust, Five Star Bank and Trust,54 Washington St., Ellicottville.

http://post-journal.com/page/content.detail/id/542815.html

 
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Fired village court clerk files notice of possible suit

Warning aboutmesothelioma dealth may have gotten clerk fired

 

By LARRY ROBINSON

JOHNSON NEWSPAPERS

TUESDAY, OCTOBER 6, 2009

ARTICLE OPTIONS

POTSDAM — The village's former senior court clerk has filed a notice of claim indicating she may sue Mayor Reinhold J. Tishcler, Village Administrator Michael D. Weil and Village Justice Joseph T. Welch for allegedly violating her free speech rights and defaming her character.

In a three-page notice of claim served on the village Monday, Shelley Warner-Levison alleges she was fired illegally from her job in retaliation for publicly raising concerns about asbestos and workplace safety at thePotsdamCivicCenter.

Ms. Warner-Levison is represented by attorney David M. Lenney,CliftonPark.

Her notice of claim also said she may seek damages for loss of employment, wages and benefits and for damage to her reputation. She also is seeking reinstatement to her job.

Ms. Warner-Levison declined comment when contacted Monday.

She was fired from her job with the village Aug. 25, the same day she was quoted in a local newspaper raising concerns over workplace safety at theCivicCenter.

In a memo to the village board, Mr. Tischler said Ms. Warner-Levison was fired for insubordination.

Since losing her job with the village, Ms. Warner-Levison has been hired by the St. Lawrence County Conflict Defender's Office as a legal secretary at an annual salary of $35,281. She previously was being paid $39,562 by the village.

Her status with the county government is provisional pending her successful completion of a civil service exam, in which she is required to place among the top three, according to county personnel officials.

Ms. Warner-Levison's notice of claim against the village alleges her firing was linked directly to her outspokenness regarding asbestos in the workplace following the death of senior clerk Sharon M. LaDuke, who died of mesothelioma May 29.

A representative of the Public Employee Health and Safety Bureau conducted air tests at theCivicCenter on June 5 and found asbestos in the mastic adhering to ceiling tiles in the village courtroom following an anonymous tip from a village employee. Ms. Warner-Levison's claim says she was the person who notified state officials about alleged asbestos contamination at theCivicCenter.

Village trustees refused to comment on the suit at their Monday night meeting. Mr. Tischler said the matter was being forwarded to the village attorney.

After holding an executive session, the village Board of Trustees voted unanimously to support a $10,000 salary hike for court clerk Sheila Guerin. Her salary will increase from $20,000 to $30,000.

Trustees said Ms. Guerin has taken on extra duties since Ms. Warner-Levison was fired.

The board tabled a resolution to appoint another full-time court clerk to replace Ms. Warner-Levison. Administrator Michael D. Weil said the village is still accepting applications for the position and wanted to wait for all resumes to come in before making a decision.

Times staff writer Alex Jacobs contributed to this report.

http://www.watertowndailytimes.com/article/20091006/NEWS05/310069943

 
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Women sue 23 companies alleging asbestos exposure caused man's death
9/2/2009 11:25 AM By Kelly Holleran 

Four women have filed an asbestos suit against 23 defendant corporations on behalf of their recently deceased father and husband, claiming the asbestos-related disease with which the man was diagnosed was wrongfully caused.

According to the complaint, Donald G. Jones worked as an operator from 1957 until 1990.

Jones died on Jan. 21, 2008, from lung cancer. His family alleges the cancer was caused by Jones' exposure to asbestos-containing products in the work place.

The plaintiffs claim the defendants failed to provide Jones with information regarding appropriate apparel to wear around the products, according to a lawsuit filed Aug. 28 in Jefferson County District Court.

They say the defendant companies were negligent by failing to timely warn Donald G. Jones about the dangers of asbestos.

They state the companies also negligently failed to provide adequate warnings about the dangers of the asbestos-containing products, according to the lawsuit.

Named as defendants in the suit are Able Supply, Ameripol Synpol, AMF, Babcock and Wilcox Power, B.F. Goodrich, Chevron Phillips Chemical Company, formerly known as Gulf Oil Corporation, Chevron Phillips Chemical Company, Chevron USA, Erie Power Technologies, Goodrich Corporation, Guard Line and Gulf Oil Corporation.

Also Henry Vogt Machine Company, Huntsmen Petrochemical Corporation, Metropolitan Life Insurance Company, Michelin North America, formerly known as Uniroyal, Michelin North America, Mid Valley Construction Company, Riley Power, Texaco, Texaco Refining and Marketing, Triplex and Zurn Industries.

According to the suit, Donald G. Jones was unaware of the hazards and defects in the asbestos-containing products.

Because of his reliance on the companies, Jones suffered great physical pain and mental anguish, incurred medical costs, suffered from a physical impairment and suffered disfigurement before his death, according to the complaint.

Plaintiffs named in the suit are Jones' wife, Beatrice Jones, and his daughters Diana Hathorn, Donna Jones and Debra Jones Kovar.

They claim they have suffered the loss of Jones's care, maintenance, support, services, advice, counsel, companionship, consortium and society because of his sickness and death.

In addition, they lost the present value Jones would have added to the estate if not for his untimely death, the suit says.

Because of his death, they have suffered mental anguish and incurred funeral and burial expenses, the suit states.

In the lawsuit, the plaintiffs are seeking unspecified general, special, punitive and exemplary damages, plus costs, interest and for other relief the Court deems appropriate.

They are represented by Tina H. Bradley of Hobson and Bradley inBeaumont and by Paul D. Henderson ofOrange.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court Case No. E184-803.

http://www.setexasrecord.com/news/220889-women-sue-23-companies-alleging-asbestos-exposure-caused-mans-death

 
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Asbestos widows share stories of loss

26 August 2009| 12:06:00 PM| Source: Sonya Gee SBS

 

irelandL_124864280

Ireland photographed Nolene at her home, she had been married to her husband for 39 years before he passed away (Chris Ireland)

A unique photographic series captures the grief and hardship endured by widows who lost their partners to asbestos related diseases.

The intimate portraits of fourteen widows, united by their loss, suffering and survival are the work ofSydney photographer Chris Ireland who set out to highlight the impacts of asbestos and its related illnesses.

The photographic project entitled ‘Breathe’ was significant forIreland who became aware of the deadly impacts of asbestos related diseases; mesothelioma, asbestos related lung cancer and asbestoses in his mid teens.

“A friend lost his father to mesothelioma and it struck me at the time as being significant because people would say, ‘Rally on mate, it’s okay, he’ll pull though’,”Ireland recollects.

“But I learnt at that stage that mesothelioma was the type of cancer you don’t get cured from. And that’s what makes this a significant project, a significant topic, a significant cancer.”

An incurable cancer

Nearly a decade later,Ireland embarked on an artistic project that would take him into the homes of widows and families who had lost loved ones to asbestos related diseases.

His process was as intricate as the images he produced andIreland took care to befriend the women who were to become his subjects, to gain their trust and a thorough understanding of their experience with asbestos.

“I’ve formulated a picture of the husband through the anecdotes given through the wives and that’s important for the project, to be able to get a sense of who that man was and what that man meant in the woman’s life.”

Nur Alam lost her husband Mohammad Bashir Alam in 2002 and features inIreland’s portrait series. A writer and a poet, she volunteered to have her portrait taken, thinking it might help others.

Willing subjects

“My husband probably died very quickly, it was seven weeks between when he had a collapsed lung and they thought he had mesothelioma to when he died,” she told SBS News.

“We didn’t even get used to the idea of him dying, the whole family took a long time to come to grips with that.”

Karen Banton, the wife of prominent campaigner for asbestos victims Bernie Banton also features inIreland’s photographs.

“Karen often says she never had time to deal with Bernie’s death because it was so public and I think this is a side of Karen people aren’t used to seeing,”Ireland says of his subject.

Whilst the series is an exploration of death, loss and grief, its overall message is not all grim. By focusing on the women who remain, ‘Breathe’ also explores hope through the resolve of the women left behind to move on with their lives.

“My comment is not that this is a disaster and we should feel hopeless about it, it is that these ladies have gone through pain, they deserve to be heard and other people should avoid the same process.”

The 'Breathe' series has been exhibited at the Australian Centre for Photography in Sydney, and will be at the Latrobe Regional Gallery in Victory from September 5 to October 4. 

http://www.sbs.com.au/news/article/1077547/Asbestos-widows-share-stories-of-loss

http://www.watertowndailytimes.com/article/20091006/NEWS05/310069943

 
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William Simmons, New Orleans plating firm founder, dies from Mesothelioma at 84

By Cathy Hughes, The Times-Picayune

August 18, 2009, 5:30AM

 

William Simmons plated 'the bumpers and all else that could be plated' on Fats Domino's Cadillac.

William Simmons, the founder of a local multimillion-dollar industrial-plating business whose projects included a Catholic church's altar and Fats Domino's pink Cadillac, died Monday at his New Orleans home of mesothelioma, a form of cancer caused by exposure to asbestos. He was 84.

The business that became Simmons Plating and Grinding Co. was launched with a $75 loan Mr. Simmons received from his uncle after his service in the Marine Corps during World War II.

With that loan, Mr. Simmons opened a chrome-plating business onMagazine Street. He tried to learn from other people in the business, but they refused to pass on their knowledge because they didn't want the competition, said Barbara Ferguson, his companion.

So Mr. Simmons, who had left high school before graduating to join the Marines, took college classes at night to learn about the process.

As Mr. Simmons practiced his trade, he developed an improved technique of electroplating, designed a plating machine and built a coast-to-coast client list that included General Electric and companies along the lower Mississippi River and theGulfCoast.

Locally, Mr. Simmons gold-plated the altar at Immaculate Conception Church in New Orleans' Central Business District, Ferguson said, and "the bumpers and all else that could be plated" on Fats Domino's Cadillac.

The business grew so much that Mr. Simmons opened a second plant in Elmwood.

As it expanded, it evolved, said Clay Spencer, who bought the Elmwood plant from Mr. Simmons in 1996.

At first, he said, Mr. Simmons' company performed a wide variety of functions, including plating, finishing, polishing and decorating.

Then it moved to more industrial work, including plating bus bars, which are electrical connections between multiple electrical devices.

More recently, Spencer said, the company has developed coatings for rotating equipment such as compressors, turbines and gears.

A native ofBirmingham,Ala., who had lived inNew Orleans since he was 5, Mr. Simmons was a trustee of St. Luke'sUnitedMethodistChurch.

In addition toFerguson, survivors include a sister, Amelia Coghlan ofCovington.

A funeral will be held Thursday at 1 p.m. at St. Luke'sUnitedMethodistChurch, 5875 Canal Blvd. Visitation will start at 10 a.m. at Schoen Funeral Home,3827 Canal St.

Burial will be in Hope Mausoleum.

http://www.nola.com/news/index.ssf/2009/08/william_simmons_plating_firm_f.html

 
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Updated: 2:45 PM Aug 4, 2009

Local Cemetery Caretaker Passes Away

Staunton,Va.

 

He devoted his life to theFairviewCemetery and theStaunton community, but now people are now saying goodbye to 87-year-old Oliver Tate.

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He devoted his life to theFairviewCemetery and theStaunton community, but now people are now saying goodbye to 87-year-old Oliver Tate.

Tate died Thursday after a three-year battle with Mesothelioma.

Tate devoted his time to the cemetery that has been in the process of documenting who is buried there, since many graves had no headstones for identification.

He kept the cemetery neat and helped to locate tombstones for family members seeking their lost relatives.

Carl Tate, Tate's grandson, says, "We will make sure we carry on his legacy. All of his children, all of his grand-children and his great-grand children."

Tate will be buried atFairviewCemetery. A memorial service will be held Tuesday at 2 p.m. atAugustaStreetUnitedMethodistChurch.

http://www.whsv.com/news/headlines/52319547.html

 
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My dying wish is to find mentor for Ryan

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Click on thumbnail to view imagePublished Date:04 July 2009

By David Kessen

 

FORMER Conisbrough builder John Jubb has been told he has a year to live – and his last wish is to find someone to take his role as mentor to his step-grandson, a talented impersonator.

John has been told by doctors he has lethal mesothelioma, an illness associated with working with asbestos, which he believes stems from his work.

His last wish is to find someone to help guide 15-year-old prodigy Ryan Howarth, who shot to fame as

a superstar impersonator and is now hoping to be an actor.

Since Ryan was a tot, John has helped him make his name as a mini-Elvis and Michael Jackson impersonator, while raising thousands of pounds for charity.

He has appeared on television and received multiple awards.

But he has left his performing for now to spend every spare moment with John, who has been told he has around a year to live.

"I've been Ryan's rock for over 10 years. Now he's mine," said the devastated former builder.

"This thing came on me like a ton of bricks and it's making me so I can't breathe, but all I can think about is seeing Ryan sorted."

John, 67, of Medley View, Conisbrough, worked with asbestos-clad materials in the 1960s, unaware of the related disease grasping control of his body.

He has never smoked, or drunk alcohol, and before his diagnosis, thought he had contracted pneumonia. John is currently deciding whether to have chemotherapy, which could potentially add months to his life, and may enable him to have an operation.

EdlingtonSchool pupil Ryan, a self-taught impersonator, is now taking drama classes to realise his bid to be an actor.

John said: "He really wants to get into acting and star in his favourite soaps. I know he can do it but I want someone to be there to help him and give him advice... someone who knows the business.

"He's danced on Calendar and featured with Kevin Costner and Kurt Russell on German TV, for the anniversary of Elvis' death two to three years ago.

"Ryan's a devoted Elvis fan. He's impersonated him for years.

"I love all my family dearly but it's Ryan I worry about. If anyone can help then I'll be happy. It is my last wish."

Despite his terminal illness, John also married his partner of 14 years, ex-fashion model Marlene, three weeks ago – in a quiet ceremony at Doncaster Registry Office.

Marlene, a shop worker at Sylvias, on East Laith Gate inDoncaster, said the family would support John in whatever decision he made over treatment.

She said the couple were told by doctors about John's illness on her birthday in March.

She said: "John has never smoked or drank, yet he has got this illness through no fault of his own.

"We wanted to marry before it was too late."

Anyone who thinks they can help mentor Ryan, call John on 01709 867842.

http://www.thestar.co.uk/doncaster/My-dying-wish-is-to.5428097.jp

 
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Professor of International Relations atLondonMetropolitanUniversity Dies of Mesothelioma

Obituary: Scholar of international politics who led support for eastern bloc opposition groups

Peter Gowan

Wednesday, 17 June 2009 -Reporter:Sarah Sager

Peter Gowan, who has died of mesothelioma aged 63, possessed one of the most formidable intellects among young radicals from the 1960s New Left. He had a prodigious capacity for work and a conversational style that turned him into a supremely effective educator. From 2004, he was professor of international relations atLondonMetropolitanUniversity. Click here to find out more! Click here to find out more!

On the board of the New Left Review (NLR) from 1990, he was regarded as one of its intellectual giants, who became ever more prolific during the past decade. Countless friends and students benefited from his knowledge of international politics and economics, whether in the Trotskyist International Marxist Group (IMG), at the schools and universities where he taught and lectured, or in the many countries where he was engaged politically.

Peter will be particularly remembered for his work from 1978, with his wife, Halya Kowalsky, as co-founder of the highly influential journal Labour Focus on Eastern Europe, which supported socialist and democratic opposition movements including Solidarity, inPoland, and Charter 77, inCzechoslovakia.

Editing the magazine under the pseudonym Oliver MacDonald (the surname was his mother's maiden name), Peter created an island of co-operation among the sea of factionalism that characterised the 1970s and 80s British left. He persuaded members of the IMG and the Socialist Workers party to lay aside their arcane dispute on the nature of the Soviet state. He sought out Labour party members disillusioned with the tacit support their party offered to eastern European neo-Stalinist regimes. From this he created an eclectic group of British and émigré activists who provided concrete support for eastern bloc opposition groups. Peter also produced one of the finest documentary archives of the struggle for democratic rights under communism.

Following the end of communism in eastern Europe, Peter sharply differentiated himself from the many voices that saw "actually existing capitalism" as the only horizon for the future. But it was to the field of international relations and political economy that he directed most of his intellectual energies in the last two decades of his life. In The Global Gamble, a prescient work published in 1999, he began a probing analysis of what he called the "dollar/Wall Street regime".

His department atLondonMetropolitanUniversity became a significant presence in the international academic scene. He was much in demand as a conference speaker in Europe and theUS, as well asBrazil,Argentina,China andSouth Korea, invariably impressing audiences with his insight into the fundamental weaknesses of the new capitalist model.

Born inGlasgow, Peter moved with his mother toBelfast while still a baby. When he was nine the family settled inEngland, where he was educated atOrwellPark prep school, inSuffolk, and Haileybury school, in Hertfordshire. He then studied history atSouthamptonUniversity, became interested in radical politics, and focused his study on the legacy of the Russian revolution.

He later dropped his postgraduate work atBirminghamUniversity's Russian studies centre for involvement in the radical paper Black Dwarf. This drew him towards the Vietnam Solidarity Campaign (VSC), and later toSpain and theMiddle East.

He first met Tariq Ali through the VSC in 1968. They became leading figures within the IMG, the British section of the Fourth International, one of the two main Trotskyist groups within the 1960s and 70s British left. Peter organised the IMG's youth wing, the Spartacus League, where his pedagogic skills were readily evident. He taught inLondon schools at this time before taking a job atBarkingCollege, eastLondon. It was within the crumbling infrastructure of public education that he was most likely exposed to the asbestos that led to mesothelioma.

I first met Peter when we shared a dormitory at aPrague summer school for students of Czech in 1980. Not a natural linguist, Peter had as his primary aim liaising clandestinely with leftist members of Charter 77 and offering support for their struggle. Many Labour Focus activists, including me, were inspired by Peter's commitment, and assisted in the smuggling of books, Xerox machines and other material of practical help to the dissidents.

In stark contrast to the sectarian battles elsewhere, Peter encouraged Labour Focus to become a forum for discussion of all political views, whether they reflected his own socialist ideas or not. I owe him a huge personal debt for encouraging my interest in eastern European politics and introducing me to many leading opposition figures there.

The many students whom he guided through undergraduate and postgraduate work at North London Polytechnic (nowLondonMetropolitanUniversity) were grateful for his patient support and illuminating lectures. Peter was "one of the most generous comrades I have ever known, without a trace of ego," recalled Ali. "He was good with everyone, whether a student, a comrade or a celebrity, and he was a natural teacher."

Peter was diagnosed with his fatal illness only a couple of weeks after the onset of the world financial crisis. Despite knowing that his condition was terminal and his health fast-deteriorating, he not only bore it with good humour, but bravely continued to work to the limits of his capacity over the following months: his article for the January-February 2009 issue of New Left Review provides a succinct account of how he interpreted the origins of the financial crisis.

He met Halya in 1973. She survives him, as do their three sons, Ivan and the twins, Boris and Marko.

• Peter Gowan, activist and academic, born 15 January 1946; died 12 June 2009

guardian.co.uk © Guardian News and Media 2009

http://u.tv/News/Peter-Gowan/5df05861-8d98-4b1a-b446-907b49b54e9a

 
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Berkeley scientist died as a result of asbestos exposure

SCIENTIST Roy Hancock died as a result of being exposed to asbestos during his working life at the nuclear laboratories inBerkeley, a coroner has ruled.

Mr Hancock, who died of malignant mesothelioma at Gloucestershire Royal Hospital in July 2008, aged 64, had also visited several power stations being decommissioned in Russia in the early 1990s and could have come into contact wth asbestos there, the inquest heard.

At Christmas 2007, he started having pains in his stomach and later in hospital was diagnosed with mesothelioma and only given a short time to live.

He died eight weeks after disagnosis, said his wife Madeleine Hancock in a statement.

The inquest heard that he had worked in a building which had asbestos stripped out of it.

It also heard how while visiting the boiler rooms at Berkeley, Mr Hancock, who lived at Lanton Close in the town, may have been exposed to asbestos.

Gloucestershire coroner Alan Crickmore said the scientist had also been involved in designing and manufacturing small furnaces for research purposes where he may have been exposed.

Recording an industrial disease verdict, Mr Crickmore said he was satisfied that Mr Hancock inhaled asbestos over a period of time and there was no evidence to suggest he had done that other than through his employment.

He recorded a verdict of industrial disease of malignant mesothelioma.

http://www.gazetteseries.co.uk/news/4423039.Scientist_died_as_a_result_of_asbestos_exposure/

 
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Record factory worker dies following battle with mesothelioma cancer

A former record factory worker died from a disease related to asbestos exposure, according to medical reports. Maurice Kelly was 80 years old at the time of his death on March 15th of this year. Kelly, a resident of Eastbourne, East Sussex,England, worked for record giant EMI Records during the 1950s. The cause of death was a mesothelioma lung tumor linked to asbestos exposure, according to a coroner’s inquest held last week at the Eastbourne Magistrates’ Court.

His wife Diane Kelly presented the coroner with a witness statement that Maurice Kelly prepared before his death. In the statement, Mr. Kelly wrote: "I was definitely exposed to asbestos while demolishing a boiler house at the EMI record factory. The dust in there was terrific – it was all over my clothes and in my hair." His wife added, "He would come home covered in white dust."

The Kelly’s never suspected that being exposed to asbestos could lead to health problems like lung cancer, pleural plaques, and mesothelioma, a rare type of cancer. Mesothelioma can manifest initially in the lining of the lungs, abdomen, or heart before spreading throughout the body. Many asbestos-related illnesses lie dormant for decades before symptoms emerge.

In this case, Pathologist Dr Hassan El Teraifi, who carried out the post mortem, said exposure to asbestos was the most likely cause of the lung tumor. Coroner Alan Craze has recorded a verdict of death by industrial disease.

http://www.einpresswire.com/article/50607-record-factory-worker-dies-following-battle-with-mesothelioma-cancer

 
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Funeral to honour bishop's life

Sunday, 10 May 2009

Rt Revd Ian Cundy

Rt Revd Ian Cundy was pronounced dead atSwindonHospital

Preparations are under way for the funeral of the Bishop ofPeterborough, the Rt Revd Ian Cundy.

The funeral will be held at Peterborough Cathedral on 19 May.

Representatives from the Diocese of Peterborough are helping to organise the funeral and the process of choosing the bishop's replacement has begun.

Bishop Cundy, 64, died on Thursday. He had been suffering from cancer and had announced he would retire in July because of his illness.

Suffragan Bishop of Brixworth, the Rt Revd Frank White, who has assumed Bishop Cundy's duties until a successor is appointed, said: "We're looking forward to a celebration of Bishop Ian's life with people from all his wide range of involvements."

Bishop Cundy had undergone chemotherapy but his cancer had recently spread.

He collapsed while on his way from Cambridgeshire to a family gathering in the West Country.

http://news.bbc.co.uk/2/hi/uk_news/england/cambridgeshire/8042577.stm

 
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Dennis Newinski was former state legislator

The three-time congressional candidate and active church member touched people with his ability to connect, prompting them to ask him to run for office.

By TIM HARLOW, Star Tribune

Last update: February 13, 2009 - 10:12 AM

Featured comment

R.I.P Denny. You will be greatly missed.

Former state legislator Dennis Newinski was a man who had strong beliefs, a positive outlook on life and a vision about what was important. He also had an inspiring personality, sincerity and common sense.

As a blue-collar worker, Newinski had no political aspirations, but many felt he would be the perfect candidate and asked the longtime union machinist to run for office, said his wife of 43 years, Sharie.

Newinski won a seat in the Minnesota House in 1990 and nearly made his way toWashington,D.C., in 1994 as a representative from the state's Fourth Congressional District. That year he nearly beat incumbent Bruce Vento in a district that had long been held by Democrats.

Newinski, who also ran unsuccessfully for the U.S. Congress in 1996 and 1998, died Tuesday at his home inMaplewood after a two-year battle with mesothelioma, an asbestos-related cancer. He was 64.

"He was a curious mix of humbleness and confidence, a normal working guy who was appealing to the people," said his 1994 campaign manager and friend Gail Gisi. "When he talked to you, you were the most important thing in the world, and people thought, 'This is the kind of person I want to represent me inWashington.'"

'Mr. Positive all the time'

Newinski was respected for his ability to connect with the average person and for his dedication to his family, community, church and his machinist's job with Northern States Power, where he worked for 32 years.

In the past two years, as he faced his cancer diagnosis, Newinski was unwavering in his religious faith and spoke openly about his disease. He was invited to give the invocation at last year's State Republican Convention, said Republican Party Chairman Ron Carey.

"He was Mr. Positive all the time, and he used his last years to tell why he was at peace with the situation," Carey said.

http://www.startribune.com/politics/state/39492772.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUI

 
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Former big-league pitcher Dave Roberts dies at 64

1/9/2009 4:16 -The Associated Press

Asbestos-related lung cancer takes former major league pitcher

Buzz up!MORGANTOWN, W.Va. (AP) — David Arthur Roberts, a left-handed pitcher who played for eight Major League teams including the 1979 World Series champion Pittsburgh Pirates, died of lung cancer Friday. He was 64.

Roberts died at his home in Short Gap,W.Va., according to his wife, Carol, and stepdaughter Kristy Rogan.

Rogan said Roberts had developed lung cancer from asbestos exposure as a young man. During offseasons, he worked as a boilermaker and was regularly exposed to the cancer-causing material.

Roberts went 103-125 with a 3.78 earned-run average in 13 seasons, beginning in 1969 with the San Diego Padres and ending in 1981 with the New York Mets. The Pirates acquired him from the San Francisco Giants in a five-player, midseason trade in 1979 that also brought Bill Madlock toPittsburgh.

Roberts also played with the Houston Astros, Detroit Tigers, Chicago Cubs and the Seattle Mariners.

"Dave was the consummate pro," said Tal Smith, Astros president of baseball operations. "He averaged 35 starts and 12 wins a year for the club during his four years as an Astro, but he'll really be remembered and missed for the leadership he provided and for being such a good guy."

Born inGallipolis,Ohio, he had lived inWest Virginia for more than a decade. Short Gap is about 120 miles southeast ofPittsburgh.

Roberts is also survived by stepdaughter Melaney Lloyd of Short Gap and three sons, Chris Roberts of Richmond, Texas; Rick Roberts of Katy, Texas; and Kyle Roberts of Cresaptown, Md. He also had seven grandchildren.

Roberts was last hospitalized about a week ago but wanted to die at home, Rogan said.

Funeral arrangements were to be announced later Friday.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.usatoday.com/sports/baseball/2009-01-09-roberts-obit_N.htm

 
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Portagefirefighter dies at age 56

Saturday, January 03, 2009

Kalamazoo

BY JEF RIETSMA

Special to the Gazette

PORTAGE -- Many will remember Brad Wilson for his signature handlebar mustache and love of woodworking, but his fellow Portage firefighters said the 56-year-old's legacy will be his philosophy of putting others first.

Wilson, anOshtemoTownship resident who spent more than 25 years working for the Portage Fire Department, died Monday night from health issues compounded by mesothelioma, a type of cancer that affects the respiratory system and is typically linked with exposure to asbestos.

Wilson's plight was detailed in a June Kalamazoo Gazette story about a spaghetti-dinner fundraiser to help offset costs associated with his treatment inTexas.

``When I think of Brad, I think of a guy who loved both of his families -- his true family and his firefighter family,'' said Jim Kelecava, a firefighter who worked for many years withWilson at Sprinkle Road Station No. 3.

``When you're in this profession, there's a brotherhood you feel with your co-workers, and that's the same strong bond we all felt with Brad.''

WhenWilson went on disability leave early last year, his Station 3 colleagues took his helmet with them on every call.

He was able to maintain long-term disability benefits through September because other firefighters worked his regularly scheduled, 24-hour shifts on a rotating basis.

Rick Nason, president of the Portage Professional Firefighters Union, credited the city administration for allowing the arrangement and praised his co-workers for responding in the same mannerWilson would have if the need had been someone else's.

``Brad wasn't one of these `look-at-me' kind of people. He was always in the background, and very quietly he did a lot of good things for other people,'' Kelecava said.

Kelecava said thatWilson spent Christmas Day at home but returned to the hospital the next day and was with family when he died.

The 29-member department has been wearing black badges inWilson's honor since his death.

Wilson's funeral service is scheduled for 10 a.m. today at Betzler Life Story Funeral Home,6080 Stadium Drive,Kalamazoo. A graveside ceremony will take place afterward at Mount Ever-Rest Memorial Park,3941 S. Westnedge Ave.,Kalamazoo.

http://www.mlive.com/news/kzgazette/index.ssf?/base/news-32/1230960036206640.xml&coll=7

 
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South Korea settles first asbestos death suit

04 Dec 2007 10:15:01 GMT

Source: Reuters


SEOUL, Dec 4 (Reuters) - The family of a South Korean woman on Tuesday became the first litigants to win a wrongful death suit in the country for exposure to asbestos, local media and the family's lawyer said.

The Daegu District Court ordered an unidentified asbestos manufacturer to pay 124.7 million won ($135,000) to the family of the woman who died last year at the age of 46 of what doctors said was cancer due to asbestos exposure during her employment from 1976-1978.

"The labour ministry said there have been an estimated 46 deaths due to asbestos-related diseases inSouth Korea over the past seven years," said the family's lawyer Lee Ho-chul.

Lee said the company has changed its name many times but was mostly recently known inSouth Korea as Cheil E&S Corp. It has since left the country and moved toIndonesia.

"More cases like this will be coming up," Lee said, but added they would be tough to win because the exposure took place many years ago and not much evidence documenting exposure remains.

Officials from the labour ministry were not immediately available to comment on the lawsuit or answer questions about asbestos exposure in the country.

The court said in its decision posted on its Web site (http://daegu.scourt.go.kr/) that the company did not take adequate measures to prevent employees from breathing in asbestos or telling them about the risks of exposure. (Reporting by Jessica Kim, writing by Jon Herskovitz, editing by Rosalind Russell)

http://www.alertnet.org/thenews/newsdesk/SEO17572.htm

 
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40 billion reasons why asbestos litigation will grow
12/30/2008 4:15 PM By Staff Reports 

Forty billion dollars of designated funds currently available in court-established trust funds is providing abundant incentive to already rich attorneys with asbestos-settling know-how.

That could help explain whyMadisonCounty's asbestos docket is surging after some years of decline.

Dr. Charles Bates and Dr. Charles Mullin, in their report "State of the Asbestos Litigation Environment-October 2008," surveyed information obtained from roughly 40 asbestos personal injury bankruptcy trusts. The authors state the trusts have a combined value of $33 to $40 billion in liquid assets, not including insurance.

"The availability of such a large magnitude of assets in asbestos trusts is a relatively new phenomenon," the authors wrote. "Of the confirmed trusts, only 12 have been processing claims continuously for more than three years."

The first downturn in the continual rise of asbestos litigation came from roughly 2002 to 2006, when events conspired to increase the pressure on plaintiff's attorneys whose legal strategies raised questions and increased pressure for tort reform. Techniques like mass screenings, combining cases and suing on the behalf of those who had yet to become ill from asbestos exposure fell out of favor, leading to a decline in the overall number of cases being filed each year.

But the downturn was short-lived, especially in specific courts sprinkled throughout the country. Places likeLos Angeles andSan Francisco,Delaware andIllinois, where a combination of liberal courts and pro-worker juries have proved lucrative for those suing large corporations.

Couple that with billions in available cash in trust funds, not to mention the relative ease in which a settlement with a trust can be obtained, many believe the next big push in asbestos litigation is under way.

Thomas Anapol, a plaintiff's attorney fromPhiladelphia, summed up the trends saying "to paraphrase the immortal Mark Twain, the news of the demise of asbestos litigation has been greatly exaggerated. Asbestos litigation is alive and well."

The role of trust funds

Asbestos litigation reached a fevered pitch around the turn of the century, growing to as many as 300,000 new cases in 2003. The Manhattan Institute called asbestos litigation, the "longest-running mass tort inU.S. history and arguably the most unjust."

The RAND Institute estimated that by 2002, 8,400 defendants had been sued by nearly three-quarters of a million plaintiffs. In 1986, the Johns Manville Corp. - the world's largest corporate asbestos producer -- filed for bankruptcy. Roughly 80 major corporations soon followed, which led to the rise of asbestos trust funds. The Manville Trust, easily the biggest as the company had a market share of roughly 25-40 percent, was funded with more than $4 billion.

As other major companies began to emerge from bankruptcy, the courts established trust funds with specific terms of settling outstanding cases.

"For example, asbestos manufacturer Owens Corning and its Fiberboard subsidiary's six-year bankruptcy proceeding resolved in October 2006 with the Bankruptcy Court requiring the company to fund the Owens Corning Asbestos Trust in the amount of roughly $4.5 billion," Anapol said.

"Several dozen other former asbestos suppliers and manufacturers have followed the route of bankruptcy and now have trusts approved by the court."

Case in point, W.R. Grace, a global specialty chemicals and materials company that faced roughly a million asbestos-related lawsuits, emerged from bankruptcy court in 2008 with a trust estimated at $2 billion in assets to be paid over a 30-year period.

The cases are refiled against the trust, rather than the actual business. Filing a claim is now highly organized, and streamlined, according to Anapol. "When claims are approved, each trust has a specific payment schedule and amount, which is based on the severity of the injury. Depending on the fundings in the trust, each claim ranges in value from a few hundred dollars for mild asbestosis ... to tens of thousands of dollars for mesothelioma."

Volumes of legal briefs and mountains of paperwork have been replaced by online processing forms that streamline the settlement process.

The one quirk in the system is that the actual amount of settlements is rarely made public, for very practical reasons.

"They don't want the solvent defendants to know how much dough they are getting from the trusts," aChicago defense attorney said of the plaintiff's attorneys he opposes in court.

But some data from the trusts has been made public.

In their study, Bates and Mullin relied heavily on the example set by the Manville Trust, which saw a high of more than 70,000 new claims against it in 2000, drop to a low slightly more than 4,000 in 2005.

While claims by those already sick from asbestos exposure stayed relatively stable, "most of the change has been driven by falling levels of recruiting nonmalignant claims. By comparison, mesothelioma diagnoses have been stable."

The Manville trust is an illustration, not a whole picture of all claims. But, as the authors point out, it is the only trust that has made data about the date of diagnosis publicly available. But, "this is not a serious drawback," the authors wrote. "Virtually all claims do eventually file against the Manville Trust. Thus the trust's experience is a good approximation of the overall asbestos litigation universe."

In courts across the country settlements of a consistent amount are documented. Most are sealed, but some are not. For example, inCookCounty any wrongful death settlement must be filed in the court, making them public. While they don't stipulate the death was specifically asbestos related, attorneys on both sides are paying close attention.

"It seems some trusts are paying better than others," aChicago defense attorney said. "You look through the dockets and you see the same companies paying the same amount, like Owens Corning paying $203,000 and change in case after case. It's really good money and all you have to do is file some paperwork and say some doctor said the guy died from asbestos exposure."

The rise of cases

With money in trust funds available and easily obtained, it makes sense that a court likeMadisonCounty, known as friendly to plaintiffs, has grown along with the revenue increase of the asbestos trust funds.MadisonCounty's docket hit a low around 260 in 2006. The number of cases filed by the end of 2008 is expected to be nearly three times that amount.

The National Cancer Institute estimates that roughly 2,000 new cases of mesothelioma are filed each year.

But plaintiff's attorneys say the rise is not just fueled by money. The latency period for the development of mesothelioma ranges from as little as 10 years to as many as 50 years.

"As a result, mesothelioma continues to rear its ugly head decades after the world learned of the dangers of asbestos and decades after asbestos products were removed from the market," Anapoli said.

Medical advances have also shown a greater range of diseases that stem from asbestos exposure in recent years, according to published reports.

That said, plaintiff's attorneys are well aware that every client signed means another chunk of the billions in trusts can be obtained.

"Once a person with mesothelioma hires a law firm, that law firm has acquired an economically valuable asset," Kirk Hartley, aMadisonCounty defense attorney said. "Once the asset is in hand, it seems pretty obvious that a well-run plaintiff's firm acts like an investment banking firm in that the firms seeks to leverage up the value of the asset by running through a decision tree analysis touching on numerous factors that may influence the value of the asset."

The more "assets" a firm has, the greater its leverage. Recruiting clients to gain a greater share of that $40 billion trust fund pie remains, as it was in the feverish days of the 1990s, a critical component in the asbestos industry.

"Internet recruiting of mesothelioma claimants is a big part of the tort litigation industry," Hartley said. "The word 'mesothelioma' generates annual seven-figure revenues for Google and perhaps other providers of search engines."

At the time W.R. Grace announced its final settlement, Grace defense attorney David Bernick said the asbestos trust was necessary because of the high number of frivolous lawsuits filed against the company. Bankruptcy, he said, was the only way for the company to survive the "money machine" of plaintiff's attorneys.

"It was a total money machine based upon the ability to name the same companies again and again and again," Bernick said of the asbestos lawsuit craze.

"It was driven by the whole idea that the more people you can name, the more people you can settle with, the more money there is to be made," he said.

The defense rests

With 40 billion reasons to continue to obtain clients and seek settlement claims, the hope for slowing the renewed growth of the asbestos industry needs something drastic to change the course of events.

That drastic change, many say, is easier said than done. However, as judges, lawyers and lawmakers agree, the only way to impact genuine change is to stop the trend of easy settlements and instead challenge cases in court.

Judge Daniel Stack ofMadisonCounty said plainly that defendants must take cases to court if they hope to limit the number of cases processed by the court, and to change the pattern of financial settlements.

"If more and more people pushed to trial rather than settling, the judges would have to reconsider the convenience," Stack said.

Corporations have always been afraid of trials where a jury could award enormous sums, far greater than the actual amount paid by settling with a trust. If some settlements go larger, the rest could all gain in value, according to attorneys on both sides.

TheChicago defense attorney said the most recent verdicts inMadisonCounty, albeit on smaller cases, "have been defense verdicts or settlements that are very low."

Still the major corporations are unwilling to push the issue in court, he said.

"Judge Stack has said the defense has to take it to trial," the attorney said. "But basically no one big enough has said 'this has got to stop' and taken the risk to take it court. It's a lot to ask of a defendant to be willing to take that risk. I have not yet had a client who said 'screw this, I'm going to take that risk.'"

http://www.stclairrecord.com/news/216599-40-billion-reasons-why-asbestos-litigation-will-grow

 
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How Turner & Newall condemned its workers to an agonizing death

By Nick Sommerlad on Mar 14, 09 09:54 AM

May-Charlson-140309.jpg

May Charlson was a poster girl for asbestos. As a 16-year-old she worked for Turner & Newall in Rochdale,Lancashire - the world's first and largest asbestos factory.

For 18 months she wove asbestos fibres, brought from the company's mines inSouth Africa andZimbabwe, into heat resistant cloth - a wonder product that for decades was wrapped around pipes as insulation.

May later recalled being told to sweep the asbestos dust off the floor and pose for a promotional picture.

Nearly 50 years on, she was diagnosed with mesothelioma, a lung cancer caused by asbestos. May died in 2002 at the age of 64, after a mercifully short nine-week illness.

Her daughter Louise Keefe said: "It was horrendous. She suffered from terrible pain and had to fight for every breath."

Her former employers, who were initially called Turner Brothers, spotted the potential of asbestos in the 1870s and became the first company in theUK to weave it into cloth.

It had been prized since the Ancient Greeks but the Roman Pliny the Elder realised in the 1st century AD that slaves who mined it died young of lung disease.

Similar concerns were also raised in Victorian Britain. In 1898, factory inspector Lucy Deane thought the fibres were "injurious" but could not prove the harmful effects.

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The evidence came in 1924 when 33-year-old T&N worker Nellie Kershaw became the first official victim of asbestosis.

The firm refused to accept responsibility for her death, saying it would "create a precedent". Neither Nellie nor her family got a penny.

These were boom years for T&N. They were listed on the stock exchange in the same year Nellie died and went on to open 14 plants in the UK and 16 more around the world, half of them in southern Africa.

But fears about asbestos were growing. In Barking, where T&N's rivalCape had opened a factory, officials had spotted a spate of lung disease.

The 1931 Asbestos Industry Regulations were supposed to limit exposure to a "safe" level.

But they only applied to workers doing certain jobs, such as spinning and weaving asbestos fibres, and less than one quarter of T&N's workforce were covered.

Asbestos factory bosses successfully fought against extending the regulations to their cleaners and drivers and, crucially, the tradesmen and women who used asbestos outside the factory gates.

Dangerous jobs such as lagging and spraying asbestos on walls were not covered.

That decision was to cost tens of thousands of lives. And T&N knew the risks.

Director Robert H Turner wrote in 1937: "All asbestos fibre dust is a danger to lungs.

If we can produce evidence from this country that the industry is not responsible for any asbestosis claims, we may be able to avoid tiresome regulations and the introduction of dangerous occupational talk."

Asbestosis is just one disease caused by asbestos. Today, most of theUK's 4,000 annual asbestos victims die from cancer - either lung cancer or mesothelioma.

The link between asbestos and cancer was finally proved in the 50s.

T&N had invited Richard Doll of the London School of Hygiene and Tropical Medicine to study their workers - then tried to ban his report when he found their staff were 10 times more at risk of lung cancer.

Measurements taken in 1950 and again in 1957 showed levels of asbestos dust in the air outside the factory roof were between 18 and 60 particles per cubic centimetre - far above the company's safe working level of two to three particles.

One reading taken near houses outside the factory gates was 47 particles Yet the asbestos regulations introduced in the 30s were actually relaxed in 1960 and T&N's profits continued to grow.

It was one of theUK's 100 biggest firms with 60 per cent of the asbestos market.

Annual profits rose from £2million at the start of the 50s to nearly £10million in the 60s.

But a confidential letter to T&N's directors from solicitors James Chapman & Co, in 1964, revealed their deepest fears.

It said: "We have over the years been able to talk our way out of claims or compromise for comparatively small amounts, but we have always recognised that at some stage solicitors of experience would, with the advance in medical knowledge and the development of the law, recognise there is no real defence to these claims and take us to trial."

The first confirmed T&N mesothelioma death - Frank Brooks - happened that same year. But his widow was never told and was left to discover the truth 18 years later.

A report in 1965 revealed a spate of mesothelioma cases among residents living near the Cape factory in Barking,East London. It closed three years later.

But rather than admit defeat, T&N was determined to fight back.

The board met in 1967 to grapple with "damaging and alarmist statements about the dangers of using asbestos products".

Hill and Knowlton, a PR firm that had spent the previous 14 years helping theUS tobacco industry deny links between cigarettes and cancer, was brought in.

The board's minutes noted: "Their job will be to combat and, if possible, to forestall adverse publicity."

Asbestos regulations were tightened again in 1968 but on T&N's factory floor standards remained slack. Pictures of workers in 1970 showed them wearing no head gear or masks.

Asbestos shipments continued. Imports hit a peak in the early 70s of 190,000 tonnes a year. Meanwhile T&N paid paltry sums to keep the families of dead workers on side.

But in 1982, T&N's asbestos rollercoaster came off the tracks. The company made a £30million loss, with the costs of compensation payouts topping £6million.

The agonising fight of 47-year-old mum Alice Jefferson against mesothelioma was screened on TV inAlice: A Fight for Life.

Within a week the government announced tighter regulations on asbestos dust. Three years later the two most dangerous types of asbestos were banned outright.

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T&N's compensation payouts rose to tens of millions of pounds a year and then to hundreds of millions. In 1997 it was sold off to aUS company, which four years later moved to protect itself against bankruptcy.

More than £90million has since been found to pay sick and dying T&N employees and their families for the next 40 years.

But there is no money for the workers who were exposed before 1965.

Today the site of the heavily-contaminatedRochdale site is derelict, although the new owners plan to build 600 homes there.

Researcher Jason Addy, whose grandfather died after handling T&N's asbestos, says he wants the site to "rest in peace - like far too many people who worked there".

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Rochdale factory was world's biggest asbestos plant

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New owners want to build houses on site of the works

http://blogs.mirror.co.uk/asbestos-campaign/2009/03/how-turner-newell-condemned-it.html

 
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Crane Settles Asbestos Claims

by Eric Landry | 11-02-04 | 9:00AM |

On Oct. 21, Crane CR took a significant step toward eliminating its asbestos exposure. Along with third-quarter earnings, the company announced an aftertax charge of $238 million, devoted entirely toward capping the firm's asbestos liability. Our fair value estimate remains $32 per share.

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The settlement--which has already been agreed to by nine of the top trial lawyers involved--consists of two parts. The first, called the master settlement agreement, stipulates that Crane will pay $280 million in cash into a trust that will pay 90% of the costs of current claims.

For the second leg, Crane'sUnited States fluid handling business will enter into a prepackaged plan of bankruptcy reorganization--a so-called 524(g). Upon court approval--most likely sometime in the first quarter of 2005--Crane will fund a trust in the amount of $230 million. All future claimants will be funneled to the trust, eliminating Crane's future liabilities.

The important thing for investors is that theU.S. fluid handling business involved in the settlement will remain part of Crane during and after the reorganization. There will be no changes to everyday operations, including financial reporting, production, or payment and delivery terms. All of the company's other businesses are unaffected, and dividend policy and capital expenditure plans remain unchanged.

The total cost of the settlement is $578 million, which includes $68 million for an environmental cleanup at a manufacturing site. Crane's estimated liability, however, will be about $238 million (reflected in the aftertax charge). The remainder is paid through tax refunds, existing reserves, and insurance. Management estimates the company will begin recovering insurance proceeds of about $153 million beginning in 2007. With about $300 million in extra debt, Crane's debt/total capital ratio will increase to about 50% in 2005. We expect this to decrease significantly in the following years.

In our opinion, the settlement will be a positive for shareholders if approved. Claims have been rising at an exponential rate, and currently stand at about 80,000. Defense and settlement costs through the first nine months of 2004 amount to $32 million, 10 times higher than all 2001. Current reserves will probably run out by 2007, and it's unlikely that federal legislation is forthcoming anytime soon. Even so, the settlement is more expensive than we had anticipated, given that Crane never manufactured asbestos.

We previously modeled Crane's exposure through an increased cost of equity. To reflect the changes, we're decreasing this cost, and adding $238 million in debt. The fair value estimate remains $32, as the bump in valuation due to the lower discount rate is offset by the $4 per share cost of the settlement.

http://quicktake.morningstar.com/stocknet/san.aspx?id=118739

 
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