ASBESTOS NEWS DAILY - Vermont Mesothelioma Lawyer
Mesothelioma Asbestos inVermont
We connect you with experienced Mesothelioma Asbestos lawyers inVermont. If have been diagnosed with Mesothelioma or an Asbestos related illness we can help you file a claim.
Those diagnosed with Mesothelioma and other Asbestos related diseases inVermont have legal options and may seek compensation through Mesothelioma litigation.
Filing a claim against the companies that are responsible for your asbestos exposure will help you gain compensation for medical costs and pain and suffering associated with asbestos-related illnesses. A Mesothelioma lawyer can help you pursue compensation for the following things:
- Lost income
- Medical bills
- Group support for yourself and loved ones
- End-of-life expenses
We help patients and their families make educated, informed decisions about how to proceed with filing Mesothelioma, Asbestosis and other asbestos-related cancer claims.
We will walk you through the entire process of connecting with an experiencedVermontMesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.
Get a FREE Copy!
They Said Months. I Chose Years! A Mesothelioma Survivor's Story
By J.R. O'Connor
Simply fill out our contact form and get this book sent to you for FREE upon request.
Vermont – Asbestos Trades – Asbestos Lawsuit
Montpelier district settles asbestos suit
By Thatcher Moats Times Argus Staff - Published: May 27, 2010
MONTPELIER – TheMontpelierSchool District has settled a lawsuit with a local flooring company that was accused of improperly handling asbestos during a project at theMainStreetMiddle School in 2008.
Morrison-Clark, Inc., which is based inSouthBarre, admitted no wrongdoing, but agreed to settle the case, and its insurance company has paid $65,000 to the school district.
The school district did not recoup all the costs it incurred.
The district spent $88,379 to have specialized companies run tests and clean up any asbestos at the school after aVermont Department of Health inspector went to the worksite in July 2008 and determined workers under the supervision of Morrison-Clark were not properly dealing with asbestos floor tiles they were tearing up.
The district also did not recover its legal fees in the settlement.
"We did recover most of the costs but not every penny," said BernardLambek, an attorney who represented theMontpelierSchool District in the case.
Montpelier School Board Chairman JohnHollar was not immediately sure Tuesday evening how much the district spent on legal fees, but said the settlement was the best option for the district given the circumstances.
"The settlement is the best outcome we could have hoped for while avoiding the costs and risks of trial,"Hollar said.
The settlement was signed on March 25, and earlier this month Superior Court Judge Geoffrey Crawford formally dismissed the case.
On March 8, Crawford threw out the consumer fraud complaint the school district had made against Morrison-Clark, which was potentially the most lucrative claim it had filed, according to David Bond, an attorney who represented Morrison-Clark.
The school district filed the consumer fraud claim because a Morrison-Clark representative allegedly assured a representative of the school district, DonaldLorinovich, that it knew how to properly handle asbestos tiles, but then was accused of not doing so.
Crawford said this did not rise to the level of consumer fraud.
"There is no evidence that the Morrison-Clark principals who assured Mr.Lorinovich that the company knew how to do the work could anticipate that the job would get too dusty or the employees would not follow the wetting requirements," wrote Crawford.
The flooring job atMainStreetMiddle School became something of a legal fiasco for Morrison-Clark, which ended up filing a lawsuit against its insurance company.
Morrison-Clark also agreed to pay $27,500 to the Environmental Protection Agency, which claimed the company violated the Clean Air Act as well as the National Emission Standard for Hazardous Air Pollutants for Asbestos.
"Specifically, Morrison-Clark failed to provide written notice to the EPA before starting the work, (failed) to wet the asbestos while stripping it and keep it wet until collected and contained for disposal and, also, failed to properly handle and dispose of asbestos-containing waste that was generated," the EPA wrote when it announced the settlement.
The Department of Health was tipped off about the potential violation in an anonymous phone call from an "asbestos contractor" working for the school district on an unrelated matter, according to court papers.
As part of the settlement with the EPA, Morrison-Clark will be prohibited from participating in any future demolition or renovation involving vinyl asbestos tile, the EPA said.
Asbestos is a heavily regulated substance.
Breathing asbestos fibers can cause lung cancer, asbestosis, andmesothelioma, a cancer of the lining of the chest and abdominal cavity, according to the EPA.
The Department of Health did not fine the company, because once the EPA became involved it deferred to the federal agency, according to RobertStirewalt, a Department of Health spokesperson.
In the last year, the Department of Health has taken 24 "compliance actions" statewide for asbestos violations,Stirewalt said in an e-mail.
The incident atMainStreetMiddle School caused anxiety among community members connected to the school, saidHollar.
"It certainly was a very significant inconvenience for the middle school teachers, students and parents,"Hollar said. "There was a lot of anxiety about potential exposure to hazardous materials."
The asbestos problem delayed the start of the school year by about a week, according to Bond.
Morrison-Clark finished the flooring job atMainStreetMiddle School, according toLambek, and theMontpelierSchool District paid the full $86,800 the company had bid for the job.
Paul Morrison, who is listed in court papers as the president of the company, and John Clark, who is listed as the vice-president, could not be reached for comment Tuesday.
TheVermont Occupational Safety and Health Administration (VOSHA) also issued eight violations to Morrison-Clark as a result of theMainStreetMiddle School project, said Bob McLeod, the director of VOSHA.
The violations claimed that Morrison-Clark failed to protect employees from the potentialhazard of asbestos-containing materials, said McLeod.
McLeod said the company settled the claims for $2,400 and an agreement to do safety training.
Vermont – Asbestos Medical – Asbestos Fibers in Human Cells
How Asbestos Fibers Trigger Cancer in Human Cells
ScienceDaily (Dec. 22, 2008) — Ohio State University scientists believe they are the first in the world to study the molecular underpinnings of cancer by probing individual bonds between anasbestos fiber and human cells.
Though any clinical application is years away, theresearchers hope their findings could aid in drug development efforts targeting illnesses caused by excessive exposure to asbestos, including the deadly cancer calledMesothelioma.
The researchers use atomic force microscopy to observe how a single asbestos fiber binds with a specific receptor protein on cell surfaces. They suspect that at least one of the more lethal forms of asbestos triggers a cascade of events inside cells that eventually lead to illness, sometimes decades later.
The conditions most commonly associated with long-term exposure to airborne asbestos are lung cancer; asbestosis, a chronic respiratory disease; andmesothelioma, a cancer that forms in the membrane lining most internal organs of the body, including the lungs.
Eric Taylor, a doctoral candidate in earth sciences at Ohio State and a coauthor of the study, describes atomic force microscopy as “Braille on a molecular level,” meaning it allows scientists to feel and observe what’s happening on molecular surfaces.
“We’re looking at what molecules are involved in the chain of events when the fiber touches the cell. Does the binding occur over minutes, or hours? And what processes are triggered?” said Taylor, who presented the research at the American Geophysical Union meeting inSan Francisco.
Asbestos comprises six different minerals that naturally occur in both fragment and fibrous forms. Because of its high durability and heat resistance, the fibrous form has been used in many manufacturing products since the late 1800s. Though its use is now highly regulated, asbestos is still present in many materials. The U.S. Department of Labor estimates that 1.3 million employees face significant asbestos exposure on the job. Environmental exposure is also possible because asbestos is a naturally occurring mineral in soils and exposed bedrock.
Crocidolite, or blue asbestos, is part of the amphibole group of asbestos minerals, which were banned in most of the Western world by the mid-1980s. Before that, they were used in such products as ceiling tiles and thermal insulation.
OhioState researchers have focused so far on thecrocidolite form of asbestos, but eventually hope to study how all six forms of asbestos interact with certain proteins on cell surfaces. Some forms of asbestos can dissolve in the lungs if they are inhaled, but others are believed to essentially “stick” to cells, especially at high concentrations, and eventually cause lung diseases.
“For the first time, this will give us data on biological activity that should help policymakers determine which forms of asbestos are the most dangerous,” said Steven Lower, associate professor of earth sciences atOhioState and a coauthor on the study.
“The hypothesis we’re testing is that binding of cell surface receptors to asbestos fibers triggers a signal event, which initiates the cancer,” saidLower, also a faculty member in theSchool ofEnvironment and Natural Resources. “There seems to be something intrinsic about certain types of asbestos, blue asbestos in particular, that elicits a unique signal, and it triggers inflammation, the formation of pre-malignant cells and, ultimately, cancer.”
The first protein to be studied is epidermal growth factor receptor, which is present on the surface of every human cell. Understanding the intricacies of the binding process between the mineral and one or more proteins will provide an index of the biological activity of a particular type of asbestos, and might lead the researchers to figure out how to prevent or undo that interaction,Lower said.
Taylor said the driving motivation behind the research is the potential to find a way to intervene and prevent illness even after someone is exposed to asbestos. Mesothelioma symptoms don’t typically appear until 30 to 50 years after exposure. After diagnosis, however, the cancer is difficult to control, and there is no cure.
This work is supported by the National Science Foundation.
Taylor and Lower conducted the research with Ann Wylie of theUniversity ofMaryland and Brooke Mossman of theUniversity ofVermont.
Email or share this story:
Vermont. Health Dept. to update study on shut asbestos mine
By LISA RATHKE The Associated Press - Published: February 16, 2009
MONTPELIER — Pressured by community members and lawmakers, Vermont health officials will further investigate the possible health risks of a closed asbestos mine after an earlier report erroneously found a higher-than-expected incidence of lung cancer among nearby residents.
New data found by residents and yet to be confirmed by the state could show that no one died from the lung disease asbestosis, a thickening and scarring of lung tissue caused by asbestos, as a result of living near the former Vermont Asbestos Group mine in Eden, officials said Friday. The department expects to publish its findings by April 1.
A community group that questioned the state's earlier study has performed its own research suggesting that the deaths may be linked to on-the-job asbestos exposure, Vermont Health Commissioner Dr. Wendy Davis said.
A report the agency released in November showed residents who lived near the mine had higher-than-normal rates of contracting or dying of asbestosis. Five deaths, including two of mine workers, and 14 hospitalizations were reported, from 1995 to 2006 in the 13 towns within 10 miles of the mine.
The Health Department also originally reported that it found a higher rate of lung cancer, but later announced that that finding was wrong.
That error and questions about how the study was performed prompted heated community meetings with state officials and public outcry from residents who worried about the safety of their communities and whether their property values would plunge.
Critics also charge the report was incomplete.
"It felt to me like the evidence that the Health Department was stating wasn't substantiated enough for them to have released a report," said Leslie White, 51, of Eden, a member of the community group.
"First and foremost we want to know we live in a healthy community," said Neil Johnston, 52, ofHyde Park. "And if we believe the medical information shows we do, then we wouldn't want misinformation about that so that people think our property's not worth much."
Chrysotile asbestos, a fibrous mineral, had been mined fromBelvidereMountain since the early 1900s until 1993, when the mine closed.
Inhalation of it has been linked to lung cancer, mesothelioma, and asbestosis in workers, but few have measured the risk of disease to others, according to the Health Department.
The state's study suggested that residents may have been exposed to asbestos but doesn't have information about current exposure. Residents have been warned to stay away from the mine and its residue — estimated to be about 30 million tons — left behind from past mining.
Johnston and a small group of residents looked into whether the three other deaths were also from occupational exposure and how many patients were involved in the 14 hospital discharges, information that the Health Department didn't provide.
"Those 14 could literally be one person who's been in and out of the hospital 14 times or it could be five people who have been in three or two times each. And that's a pretty important question. There are challenges with the data,"Johnston said.
The group found that at least one of the other people who died worked in shipbuilding elsewhere, and could have been exposed to asbestos on that job.
Residents also testified before the Legislature, prompting state Sen. Vincent Illuzzi, R-Essex-Orleans, to introduce a resolution calling for the Health Department to update its study by April 1. The Senate unanimously passed the resolution Friday.
"If (the department) did not agree to change the report to reflect the research done by Leslie White ... our resolution would have been much more critical, and we would have asked for the report to be withdrawn," Illuzzi said.
The state has spent about $200,000 assessing and containing the contamination. Last year the federal Environmental Protection Agency spent about $2 million to keep the tailings from damaging nearby waterways.
The state estimates the cleanup cost could reach $240 million. It has sued Vermont Asbestos Group, the site's current owner, and filed a claim in bankruptcy court against G-1 Holdings, a successor to GAF Corporation, which owned the mine from 1936 to 1975, to the cover the cleanup costs.
Vermont Asbestos Group's attorney said the company has been working with the state for the last 1-1/2 years to address its concerns, but that the company has little money.
Boiler Accident at Patrick Gym
Boiler accident injuresUniversity ofVermont employee and releases asbestos into the boiler room
Release Date: 10-16-2008
Contact: University Communications Staff
Phone: (802) 656-2005FAX: (802) 656-3203
During a routine maintenance check Thursday morning about 10:30, the door of a backup boiler in the lower level boiler room of Patrick Gymnasium blew open, injuring a UVM employee and damaging asbestos covered pipes in the room, possibly causing asbestos to be released into the air.
The area of the building near the boiler room was evacuated as a precaution and remains closed while testing is conducted.
At this time, experts at theUniversity ofVermont, the State Hazardous Materials Team, Fletcher Allen Health Care, and the Vermont State Department of Health feel there no reason to believe anyone who was not in the boiler room has been exposed.
If test results, which should be available by the end of the day or in the early evening, indicate there is any cause for concern, information will be released at that time.
The injured employee was transported to Fletcher Allen Health Care where he is being evaluated.