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ASBESTOS NEWS DAILY - West Virginia Mesothelioma Lawyer
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Mesothelioma Asbestos inWest Virginia


 

We connect you with experienced Mesothelioma Asbestos lawyers inWest Virginia. 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 inWest Virginia 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 experiencedWest VirginiaMesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.

 
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They Said Months. I Chose Years! A Mesothelioma Survivor's Story
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West Virginia – Asbestos Lawsuit – Asbestos Exposure Deaths

Ohio woman names 83 companies for husband's asbestos exposure, death
7/20/2010 8:57 AM By Kyla Asbury  -Kanawha Bureau

CHARLESTON -- A Lawrence County, Ohio, woman is suing 83 companies after she claims they are responsible for her husband's lung cancer and eventual death.

Bernard C. Belville was employed by Insulator Local 80 inWest Virginia for approximately 26 years and was exposed to various insulating and building materials that contained asbestos, according to a complaint filed June 7 in Kanawha Circuit Court.

Naomi J. Belville claims her husband wasdiagnosed with lung cancer and died June 20, 2008.

The defendants are guilty of negligence for manufacturing, distributing, selling and supplying asbestos and asbestos-containing products, according to the suit.

Mrs. Belville claims the defendants failed to warn her husband of the dangers of asbestos.

Mrs. Belville is seeking compensatory and punitive damages. She is being represented by William K. Schwartz.

The case has been assigned to a visiting judge.

The companies named in the suit are 3M Company; A.W. Chesterton Company; Allied Chemical Corporation; American Cyanamid Company; American Electric Power Service Corporation; Anchor Packing Company; Appalachian Power Company; Aristech Chemical Corporation; Armco Steel Corporation; Ashland Oil, Inc.; Aurora Pump Company; B.F. Goodrich Company; Bayer Corporation; Bayer Cropscience, Inc.; Benjamin F. Shaw Company; 4520 Corp., Inc.; Borg-Warner Corporation; Brand Insulations, Inc.; Burns International Services Corporation; Cameron International Corporation; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Crown, Cork & Seal USA, Inc.; DeZurik, Inc.; Dow Chemical Company; E. I. DuPont de Nemours; Elkem Metals, Inc.; Flowserve FSD Corporation; Flowserve US, Inc., and its Byron Jackson Division; Flowserve US, Inc., f/k/a Durco International, Inc.; FMC Corporation; Ford, Bacon & Davis, LLC; Foster Wheeler Energy Corporation; Foster Wheeler U.S.A. Corporation; the Gage Company; Garlock, Inc.; General Electric Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Goodyear Tire & Rubber Company; Honeywell International f/k/a Allied Signal, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; John Crane, Inc.; Kellogg Brown & Root, Inc.; Kentucky Power Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Minnesota Mining and Manufacturing Company; Monongahela Power Company; Monsanto Company; Mueller Steam Specialty; Nagle Pumps, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; North Bros., Inc.; NSI Ventures, Inc.; Occidental Chemical Corporation; Ohio Power Company; Ohio Valley Insulating Company, Inc.; Onyx Industrial Services, Inc.; Owens-Illinois, Inc.; Peerless Pumps, Inc.; Pneumo Abex Corporation; Rapid American Corporation; Riley Power, Inc.; Ross Brothers Construction Co.; SFB Companies, Inc.; Shell Oil Company; Square D Company; State Electric Supply Company; Sterling Fluid Systems (US), LLC; Surface Combustion, Inc.; Tasco Insulations, Inc.; the Gorman-Rupp Company; UB West Virginia, Inc.; Union Carbide Corporation; Uniroyal, Inc.; United States Steel Corporation; Vimasco Corporation; Virginia Electric Power Company; Viacom, Inc.; West Virginia Electric Supply; Worthington Pump; and Westvaco Corporation.

Kanawha Circuit Court case number: 10-C-1015

 
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West Virginia – Asbestos Trades –Mesothelioma Lawsuit

1,400 asbestos cases dismissed

BY STEVE KORRIS - FRIDAY, MAY 21, 2010 9:39:00 AM

CHARLESTON,West Virginia. (LegalNewsline) - In a clean sweep,Ohio County,W.Va., Circuit Judge ArthurRecht disposed of about1,400 asbestos suits that Robert Peirce ofPittsburgh filed against CSX Transportation.

At a hearing on May 17,Recht granted a motion to dismiss the suits with prejudice.

Robert Daley of Peirce's firm moved in February to dismiss them without prejudice, afterRecht denied a motion to vacate rules he imposed last year.

Daley continued to resistRecht's requirement of testimony from pulmonologists, pleading that the rule exceeded standards of the Supreme Court of Appeals.

In March, Jim Turner ofHuntington opposed the motion for CSX.

"Plaintiffs will be permitted to re-file their claims wherever they please and CSX, as well as the courts, will be forced to start from scratch," Turner wrote.

"Moreover, judging from past experience, if the Peirce firm remains involved, one can only assume it will do everything in its power to thwart meaningful discovery and convince the courts that its mass of cases requires mandatory mediation before discovery commences," he wrote.

He wrote that Peirce's firm submitted a fraudulent medical diagnosis bearing the name of a fictitious doctor, Oscar Frye.

Turner quoted toRecht his own order finding that although the firm didn't know about the forgery, the firm enabled the forgery.

He wrote that most cases had been pending since 2003 or before.

He wrote that the Peirce firm actively recruited clients as far away asOregon,Texas,Missouri andNew York.

He wrote that the firm opposed sending cases to home courts and appealed the issue all the way to the U. S. Supreme Court.

He wrote that the firm pushed for limited discovery and mandatory settlement conference instead of bona fide pretrial orders.

He wrote that the firm pushed mediation even after its X-ray reader, radiologist RayHarron ofBridgeport, "was proven to be completely incredible."

He wrote that the firm never intended to subject the claims to scrutiny on the merits.

All the cases alleged asbestos disease but not malignancy. The Peirce firm continues to pursue 62 malignancy claims inRecht's court.

Recht disposed of two smaller packages, dismissing a few dozen Peirce suits againstNorfolk Southern and Conrail.

LegalNewslinehas ordered a transcript of the hearing.

Recht presides over Peirce cases by appointment of the Supreme Court of Appeals, where he served as justice.

 

http://www.legalnewsline.com/news/227219-1400-asbestos-cases-dismissed

 
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West Virginia – Asbestos Trades –Mesothelioma Lawsuit

1,400 asbestos cases dismissed

BY STEVE KORRIS - FRIDAY, MAY 21, 2010 9:39:00 AM

CHARLESTON,West Virginia. (LegalNewsline) - In a clean sweep,Ohio County,W.Va., Circuit Judge ArthurRecht disposed of about1,400 asbestos suits that Robert Peirce ofPittsburgh filed against CSX Transportation.

At a hearing on May 17,Recht granted a motion to dismiss the suits with prejudice.

Robert Daley of Peirce's firm moved in February to dismiss them without prejudice, afterRecht denied a motion to vacate rules he imposed last year.

Daley continued to resistRecht's requirement of testimony from pulmonologists, pleading that the rule exceeded standards of the Supreme Court of Appeals.

In March, Jim Turner ofHuntington opposed the motion for CSX.

"Plaintiffs will be permitted to re-file their claims wherever they please and CSX, as well as the courts, will be forced to start from scratch," Turner wrote.

"Moreover, judging from past experience, if the Peirce firm remains involved, one can only assume it will do everything in its power to thwart meaningful discovery and convince the courts that its mass of cases requires mandatory mediation before discovery commences," he wrote.

He wrote that Peirce's firm submitted a fraudulent medical diagnosis bearing the name of a fictitious doctor, Oscar Frye.

Turner quoted toRecht his own order finding that although the firm didn't know about the forgery, the firm enabled the forgery.

He wrote that most cases had been pending since 2003 or before.

He wrote that the Peirce firm actively recruited clients as far away asOregon,Texas,Missouri andNew York.

He wrote that the firm opposed sending cases to home courts and appealed the issue all the way to the U. S. Supreme Court.

He wrote that the firm pushed for limited discovery and mandatory settlement conference instead of bona fide pretrial orders.

He wrote that the firm pushed mediation even after its X-ray reader, radiologist RayHarron ofBridgeport, "was proven to be completely incredible."

He wrote that the firm never intended to subject the claims to scrutiny on the merits.

All the cases alleged asbestos disease but not malignancy. The Peirce firm continues to pursue 62 malignancy claims inRecht's court.

Recht disposed of two smaller packages, dismissing a few dozen Peirce suits againstNorfolk Southern and Conrail.

LegalNewslinehas ordered a transcript of the hearing.

Recht presides over Peirce cases by appointment of the Supreme Court of Appeals, where he served as justice.

 

http://www.legalnewsline.com/news/227219-1400-asbestos-cases-dismissed

 
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West Virginia – Asbestos Trades – Asbestos Mesothelioma Lawsuit

13 new asbestos suits file Nov. 30-Dec. 4 inMadisonCounty
12/21/2009 8:52 AM By Kelly Holleran 

A total of 13 newasbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 30 through Dec. 4.

The following complaints were filed:

--Barbara Brawley of Arkansas claims her recently deceased husband, Thomas Brawley Jr., developed mesothelioma after his work at Liquid Carbonic and W.P. Rock in Illinois in 1954; as a pipefitter at DuPont Chemical from 1964 until 1965; at Hoyer Schlesinger Turner in 1968; at Piping Systems from 1968 until 1970; as an insulator and laborer at Brown and Roots from 1969 until 1985; and as a member of the Steamfitters' Local 614. Barbara Brawley will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1306.

--Deborah and Glenn Briscoe ofWest Virginia claim Deborah Briscoedeveloped mesothelioma after her work at UPS Freight from 1972 until 2009. She was also secondarily exposed to asbestos fibers through her husband, who worked as an electrician, and through her father, who was a mechanic, according to the complaint. The Briscoes will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1292.

--Beverly Dietrich ofMinnesota claims her brother, Richard Dietrich, developed mesothelioma after his work as a supervisor at various locations from 1952 until the late 1980s. Beverly Dietrich will be represented by Nicholas J. Angelides of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1302l

--David Gallagher of New York claims his recently deceased father, Arnold Gallagher, developed mesothelioma after his work as a machinist, oiler, expediter, planner, mechanic, sales, building maintenance and maintenance manager at various locations throughout Illinois, Massachusetts, Rhode Island, California and Utah from 1956 until 1998. David Gallagher will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1303.

--Sam E. and Shirley Grace Jones of Alabama claim Sam E. Jones developed mesothelioma after his work as a farmer and construction worker from 1940 until 1966, as a laborer at Enterprise Oil Mill from 1966 until 1979, as an assembly line worker for Dorsey's Tractor Trailer from 1966 until 1994 and as a security officer for Session Company from 1982 until 1983. The Jones will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1289.

--William Helsby ofNevada, a technician, tool and dye worker, mold helper and iron cutter at various locations throughoutIllinois andMichigan from 1957 until 1998, claims mesothelioma. Helsby will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1309.

--Gregory A. and Patricia M. Kozlowski ofPennsylvania claim Gregory A. Kozlowski developed mesothelioma after his work as a union laborer for LIUNA Local #373 from 1967 until 1978 and as an operating engineer with IUOE Local #66 from 1978 until 1992. The Kozlowskis will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1298.

--Charles R. Nahl ofMinnesota, an electrician at Great Northern Railway from 1952 until 1991, claims mesothelioma. Nahl will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1293.

--Janet Neumann of Wyoming claims her recently deceased husband, Dale L. Neumann, developed lung cancer after his work as a pipefitter and welder from 1952 until 1956, as a welder for Independent Engineering Company from 1956 until 1961, as a worker for JMJ Industries and as a self-employed contractor in 1957, as a construction worker in 1958 for Ben Ruser Construction, as a contractor for M & H Builders from 1961 until 1962, as a self-employed contractor from 1962 until 1990 and as a wood worker from 1990 until his death. Janet Neumann will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1311.

--Richard and Kathleen Pierce of Minnesota claim Richard Pierce developed mesothelioma after his work as a shipping packager at LDI Safeco in 1996, as a boiler tech for the U.S. Navy from 1961 until 1964, as a warehouseman, forklift operator and receiving checker for United Hardware from 1967 until 1991, as a shipper and receiver for Ausburg Fortress Publishers from 1991 until 1995, as a slag stripper at Olympic Steel from 1996 until 1997, as an order preparer at Kmart Distribution Center from 1997 until 2000, as a shadetree mechanic from the 1960s until 1980s, as general laborer at a cheese plant from 1964 until 1965, as a gas pumper and cashier in the 1960s and as a warehouseman at St. Regis Paper Company in the 1960s. The Pierces will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1294.

--Nancy Pigue ofMissouri claims her recently deceased husband, Edward Pigue, developed mesothelioma after his work as a truck driver, laborer and mechanic's helper from 1943 until 1986. Nancy Pigue will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1296.

--Leslie E. Rees ofCalifornia, a service boiler maker from 1950 until 1955, a member of the United States Navy at various intervals from 1950 until 1969, a research and development technician from 1968 until 1971 and a building maintenance laborer from 1973 until 1977, claims mesothelioma. Rees will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1297.

--Lorenzo Walker of Iowa, a stocker at Baker's Supermarket in 1993, a worker at Caniglia Italian Restaurant in 1994, a packer at Arnie Hanson's Furniture Moving from 1995 until 1998 and a temporary worker at All in a Day Temp Service from 1995 until 2001, claims mesothelioma.Walker will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1310.

http://www.madisonrecord.com/news/223771-13-new-asbestos-suits-file-nov.-30-dec.-4-in-madison-county

 
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West Virginia – Asbestos Trades – New Asbestos Cases

15 new asbestos cases filed Oct. 12-16
10/26/2009 12:13 PM By Kelly Holleran

A total of 15 new asbestos lawsuits were filed in Madison County Circuit Court during the week of Oct. 12 through Oct. 16.

The following complaints were filed:

--Martha A. Barrett ofAlabama claims the recently deceased Doyle H. Barrett developed mesothelioma after his work as a silk screen maker, printer, material handler, technician, packer, assembler, insulator, drywaller, dockworker and driver. Martha A. Barrett will be represented by Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1102.

--Gordon and Judith Belcher ofTexas claim Gordon Belcher developed lung cancer after his work as a member of the United States Navy from 1945 until 1964 and as a boiler inspector at Cumy Commercial Union, Indian Insurance Company, Cummin Froster U.S. Fire, Home Insurance Company, Factory Mutual and American General from 1965 until the 1990s. The Belchers will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1100.

--Patricia Broadfoot ofMissouri claims her recently deceased husband, Darmon Broadfoot, developed pleural plaques after his work as a laborer, miner and driller at various locations from 1946 until 1979. Patricia Broadfoot will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1086.

--Tywana M. Dantzler ofLouisiana claims her recently deceased father, Bobbyn Dantzler, developed lung cancer after his work as a welder and home remodeler at various locations from 1972 until 1979. Dantzler will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1091.

--Albert Dorgan ofMassachusetts, an insulator and police officer at various locations from 1951 until 1981, claims mesothelioma. Dorgan will be represented by Brian J. Cooke of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1095.

--L.J. Hilson ofIllinois, a laborer and operator at variouslocation from 1973 until 1979, claims lung cancer. Hilson will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1089.

--Catherine Hupp ofWest Virginia claims her recently deceased husband, Billy D. Hupp,developed lung cancer after his work as a tank operator and home remodeler from 1955 until 1979. Catherine Hupp will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1093.

--Jesse E. Miller Jr. ofMissouri claims his recently deceased father, Jesse Miller, developed asbestosis after his work as a laborer at various locations from 1957 until 1979. Jesse E. Miller Jr. will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1087.

--Kathleen Laramie ofMissouri, a worker at various locations from 1990 until now, claims mesothelioma.Laramie will be represented by Shane F. Hampton and Paul M. Dix of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1101.

--Fred E. Nelson ofIllinois, a painter and drywall applicator from 1954 until 1987, a painter at General Electric from 1955 until 1978, a painter at the General Motors Foundry in the 1950s and a painter at Quaker Oats in the 1970s, claims mesothelioma. Nelson will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-1084.

--Ambus Pearson ofIllinois, a maintenance technician and home remodeler at various locations from 1970 until 1979, claims lung cancer. Pearson will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1092.

--Michael and Jennifer Pikaart ofMichigan claim Michael Pikaart developed mesothelioma after his work as a farm hand, laborer, manager, seaman and factory worker from 1978 until now. Michael Pikaart was also exposed to asbestos fibers through his father, Floyd Pikaart, who worked as a mechanic at a farm tractor and implement dealership, according to the complaint. The Pikaarts will be represented by Shane F. Hampton and Paul M. Dix of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1085.

--Sharon Sale and Paula Sarno ofCalifornia claim their recently deceased father, Lloyd Sale, developed mesothelioma after his work as a telecommunications installer at various locations from 1953 until 1979.Sale and Sarno will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1088.

--Elmer Wallace claims his recently deceased wife, Audrey Wallace, developed mesothelioma after her work as a laborer at various locations from 1940 until 1950. Audrey Wallace was also exposed to asbestos fibers through her husband, who worked as a fork lift driver and truck dispatcher at various locations from 1957 until 1972, according to the complaint. Elmer Wallace will be represented by Robert Phillips and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd inEast Alton. Madison County Circuit Court case number: 09-L-1090.

--James L. and Leone A. Wallace claim James L. Wallace developed mesothelioma after he worked around asbestos fibers. The Wallaces will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1083.

--William Watson, a member of the United States Navy from 1943 until 1946, a stocker at the General Electric Company from 1952 until 1957 and an automobile mechanic from 1957 until 1980, claims mesothelioma. Watson will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville andFlint inAlton. Madison County Circuit Court case number: 09-L-1094.

http://www.madisonrecord.com/news/221853-15-new-asbestos-cases-filed-oct.-12-16

 
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Virginia – Asbestos Trades – Asbestos Mesothelioma Lawsuit

16 new asbestos cases filed May 18-22 inMadisonCounty
6/12/2009 7:00 AM By Kelly Holleran 

A total of 16 newasbestos suits were filed in Madison County Circuit Court during the week of May 18 through May 22.

The following claims were filed:

--Mary E. Anderson ofMissouri, a cleaning crew member aboard the USS Admiralcruise ship from 1961 until 1963 and a nurses aide at theMissouriPacificRailroadHospital from 1962 until 1976, claims mesothelioma.Anderson says she was also exposed to asbestos fibers secondarily through her husband, who worked from 1966 until 1996 as a molder for Granite City Steel.Anderson is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-520.

--Robbie J. Dempsey claims her recently deceased husband, Clyde D. Dempsey, developed mesothelioma after his work as a pipefitter and plumber beginning in 1957. Robbie J. Dempsey is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-512.

--Victor Lee and Priscella Dillbeck ofArizona claim Victor Lee Dillbeck developed mesothelioma after his work as an apprentice, machinist and millwright from 1962 until 2005. Victor Lee Dillbeck says he also was a member of the Local 448 Carpenter/Millwright Union for 31 years. The Dillbecks are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court casenumber : 09-L-531.

--Jacob L. and Doris Fullmer ofIndiana claim Jacob L. Fullmer developed mesothelioma after his work as a hand sander, in the U.S. Navy, material handler, bottler and steamfitter from 1955 until 1993. The Fullmers are represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-521.

--Bobby Haley ofArizona, mechanic, laborer, millwright and truck driver from 1956 until now, claims mesothelioma. Haley is represented by Timothy F. Thompson Jr. of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-502.

--Clarence and JoAnne Haskell claim Clarence Haskell developed mesothelioma after his work as a laborer, operator and finisher, parts manager and purchaser, salesman, owner, operator, distributor and carpenter from 1955 until 1992. The Haswells are represented by Randy L. Gori of Gori, Julian and Associates inAlton. W. Mark Lanier, Patrick N. Haines, Angela B. Greenburg, Sam T. Richard, Bridget Baragona and Lauren H. Ware of The Lanier Law Firm inHouston will serve of counsel. Madison County Circuit Court case number: 09-L-509.

--Elizabeth Marshall ofKentucky alleges her recently deceased husband, Thomas Marshall, developed asbestosis and bilateral pleural plaques after his work as an assistant unit operator, unit operator, assistant shift engineer and shift engineer at various locations from 1952 until 1998. Elizabeth Marshall is represented by Christopher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnerd of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-519.

--William Z. McClintock ofOhio, who served in the U.S. Army from 1973 until 1975 and worked for Soil Conservation Service, Brown Insulation,GoodyearTruckTireCenter, MTD, Graber Metal Works,McClintock Energy, Johnson Controls World Services and Ohio Professional Energy Consortium from 1975 until present, claims mesothelioma. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing him. Madison County Circuit Court case number: 09-L-514.

--Wilfred L. Miller ofVirginia, a laborer, lineman, foreman and self-employed mechanic from the 1950s until 2000,claims mesothelioma. Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton will be representing him. Madison County Circuit Court case number: 09-L-528.

--Phyllis A. and John Nelson ofIndiana claim Phyllis A. Nelson developed mesothelioma after her work as a laborer at Westinghouse Electric Supply and as a teacher atHomesteadHigh School from 1953 until 2009. Phyllis A. Nelson was also secondarily exposed to asbestos through her brother, Bill, who worked as a laborer from 1946 until 1965, and through her other brother, Frank, who worked as a laborer from 1946 until 1953, according to the complaint. Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville will be representing them. Madison County Circuit Court case number: 09-L-530.

--Dorathea R. and Joe L. Pierce claim Dorathea R. Pierce developed lung cancer after her work as a supervisor within the Vanity Fair Intimates textile manufacturing plant from 1966 until 2002. She also worked as a sales associate for Marvin's Building Materials from 2004 until 2008, according to the complaint. Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing them. Madison County Circuit Court case number: 09-L-259.

--Barbara Pratt claims her recently deceased father, Clifford Richardson, developed mesothelioma after his work as a floor tile layer and carpenter at various locations from 1945 until 1987. Pratt is represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-511.

--Shirley Mae Roach ofTexas claims her recently deceased husband, William Albert Roach, developed mesothelioma after his work in the airman first class, at the March and Travis Air Force Bases and at Wedron Silica. Shirley Mae Roach claims her husband also worked as a plant manager and at R&R Construction from 1968 until 1988. Shirley Mae Roach is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-506.

--Alan Steinberg ofTexas claims his recently deceased father, Robert Steinberg, developed mesothelioma after his work at various locations throughout theUnited States from 1955 until 2003. Steinberg is represented by Randy S. Cohn of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-503.

--Charles J. Turner ofAlabama claims his recently deceased father, Charles B. Turner, developed mesothelioma after his work as a mechanic, plasterer and logger at various locations throughoutIllinois,Alabama andMississippi from 1964 until 2008. Charles J. Turner is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-504.

--Gwen Watts claims mesothelioma on behalf of her recently deceased husband, Virgil L. Watts, who worked as a pipefitter and plumber at various locations throughoutIllinois beginning in 1939. Virgil L. Watts also worked for the United States Navy from 1942 until 1945, according to the complaint. Gwen Watts will be represented by Andrew O'Brien, Christopher Thoron, Christina J. Nielson, Bartholomew J. Baumstark and Gerald J. FitzGerald of the O'Brien Law Firm inSt. Louis. Madison County Circuit Court case number: 09-L-513.

http://www.madisonrecord.com/news/219554-16-new-asbestos-cases-filed-may-18-22-in-madison-county

 
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West Virginia – Asbestos Medical –Mesothelioma Study

Highest Rate of Mesothelioma inU.S. found inMaine

Posted by admin May 30th, 2009 | 

maine

The National Institute for Occupational Health and Safety, a part of the U.S. Centers for Disease Control, recently released data that shows the state ofMaine as having the highest death rate frommesothelioma  in the country. The data, collected between 1999 and 2005, found around 18,000 people died annually from asbestos related cancer. The ratio works out to about 14 deaths per million people each year.

However, inMaine, the average is much higher at around 27 deaths from asbestos related cancer per million people each year. Other states that have higher than average death rates frommesothelioma includeWyoming with 22 deaths per million people andWest Virginia with 21 deaths per million people.Pennsylvania andNew Jersey also had higher than average with 21 and 20 deaths per million respectively.

Mesothelioma, a fatal form of cancer, is caused by exposure to airborne asbestos fibers. Once popularly used for its high insulation qualities, asbestos is now strictly regulated and many countries ban its use. Today, contact with airborne asbestos fibers typically occurs during asbestos abatement procedures. To protect those working with or around the carcinogen special equipment and protective clothing must be worn.

Source: http://www.bloggernews.net/121022
 
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West Virginia – Asbestos Trades –Mesothelioma Lawsuit

Railroad Injury/FELA

3/22/2009
Richard N. Shapiro

West Virginia Supreme Court Reinstates Railroad Engineer’s Mesothelioma Wrongful Death Suit, Ruling Railroad’s Release Of Claims Was Void

 

TheWest Virginia Supreme Court reversed a summary judgment ruling in favor of Norfolk Southern Railway Co., and reinstated a Federal Employer’s Liability Act (FELA) mesothelioma wrongful death claim of his widow, Freda Ratliff, in a 5-0 decision handed down on March 12, 2009 (Ratliff v. Norfolk Southern Railway Co, Civil Action No. 05-C-423). The Court ruled that a “separation agreement”  release of all claims, known and unknown, that train engineer Ratliff signed 19 years before developing mesothelioma, was void under a provision of the Federal Employer’s Liability Act, section 55, which prohibits railroad efforts to exempt itself from liability.  Ratliff attorney, Richard N. Shapiro offered that “on behalf of the Ratliff estate and family, we are grateful that the Supreme Court agreed with our position, that a separation agreement release could not bar a mesothelioma FELA claim, when the disease was first diagnosed 19 years after Mr. Ratliff’s retirement.  This terrible asbestos cancer cut short Mr. Ratliff’s golden years, and in a horrible way at that.”

Background:

 

In April 2005, nineteen years after his voluntary separation fromNorfolk Southern as an engineer, Mr. Ratliff was diagnosed with mesothelioma.  He died in July 2005. The FELA wrongful death action was filed by Mrs. Ratliff, in her capacity as executrix of Mr. Ratliff's estate, in or around October 2005.  Several months before trial,Norfolk Southern filed a motion for summary judgment asserting that the action was barred by virtue of a release that had been executed by Mr. Ratliff in connection with a reduction in force/voluntary separation program NS (then N & W) offered in 1986 to qualified locomotive engineers. Ratliff’s estate filed a cross motion for summary judgment, asserting the 1987 release was void, as violative of 45 USC sec. 55, a provision of the FELA which prohibits writings the exempt railroads from liability. 

Ratliff, a Virginia resident who worked in VA and WV, signed the separation papers, which included a release of all claims, known and unknown, in 1987, when he had no pending claim against N &W, and while unrepresented by counsel.

 

Railroad Separation Agreement Releases:

 

The key analysis by the West Virginia Supreme Court, of the separation agreementrelease, follows:

As one court has observed, an employee who has signed a release in connection with a voluntary separation program “might not have been alert to the reality that he was in an adversarial situation with the attendant need for heightened care.” [citation omitted]. Accordingly, a heightened standard is required when scrutinizing a release that is executed outside the context of a controversy.

 

         We believe that imposing a heightened standard upon a release signed in the context of a voluntary separation program, as was done in Babbitt, is in accord with the remedial purposes of the FELA.

         Turning to the instant case, in granting summary judgment toNorfolk Southern, the circuit court mistakenly placed this case within the Wicker category. However, an employee, such as Mr. Ratliff, who has executed a general release in the context of participating in a voluntary separation program, plainly falls within the Babbitt category of cases. Therefore, in order for the release executed by Mr. Ratliff to be a valid bar to his FELA cause of action, there must be evidence that the release was executed as part of a settlement for the specific injury now in controversy, namely mesothelioma. In the absence of such evidence, the release is void pursuant to § 5 of the FELA insofar as it pertains to Mr. Ratliff's mesothelioma claims.

 

Railroad Releases Arising From Injury/Disease Settlements:

 In analyzing the appropriate tests of a release’s validity, when a release arises from settlement of an injury/disease claim, the Ratliff court analyzed the prior Wicker decision and reasoned:

        a release does not violate § 5 provided it is executed for valid consideration as part of a settlement, and the scope of the release is limited to those risks which are known to the parties at the time the release is signed. Claims relating to unknown risks do not constitute “controversies,” and may not be waived under § 5 of FELA. See Callen [citation omitted]. For this reason, a release that spells out the quantity, location and duration of potential risks to which the employee has been exposed--for example toxic exposure--allowing the employee to make a reasoned decision whether to release the employer from liability for future injuries of specifically known risks does not violate § 5 of FELA.

 *  *   *

A Wicker-type employee [Wicker is a prior "release law" decision] is involved in negotiating a FELA claim and, therefore, meets the requirement of Callen that a controversy exist. Under this circumstance, a release does not violate § 5 of the FELA so long as the risk released was one known to the parties and was a risk the employee intended to release.

       The Court reversed and remanded the Ratliff case back to the Trial Court.

 

 ThisWest Virginia decision is an excellent clarification of the law pertaining to the scope of allowable FELA railroad releases in both injury/disease claim settlements, as well as in disputes arising from a separation agreement release. 

Freda Ratliff was represented at the trial court, and on brief, by Richard Shapiro of Shapiro, Cooper, Lewis & Appleton, of Va. Beach, VA, and by co-counsel Michael Giertz, of Hartley & O’Brien, PLLC, Wheeling, WV. 

 

http://www.hsinjurylaw.com/blog/west-virginia-wv-supreme-court-reinstates-railroad-engineers-mesothelioma-wrongful-death-suit-ru.cfm

 
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West Virginia – Asbestos Claims –Asbestos Mesothelioma Lawsuit

Nine new asbestos cases filed Feb. 9-13 in Madison County
2/25/2009 10:26 AM By Kelly Holleran

A total of nine new asbestos suits were filed in Madison County Circuit Court during the week of Feb. 9 through Feb. 13.

The following claims were filed:

--Harvey Bentley of Florida, a brick mason and home builder throughout Illinois, Ohio,West Virginia, Louisiana, Kentucky, Tennessee and Alabama from 1947 until 1985,claims mesothelioma. He is represented by Timothy F. Thompson Jr. of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0110.

--Gayla DuMont ofFlorida claims mesothelioma on behalf of her recently deceased mother, June Mols, who worked from 1941 until 1973 as an assembly line worker at various locations. DuMont is represented by Robert Phillips and Perry J. Browder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0117.

--John and Dorothy Istenes of Indiana claim John Istenes developed mesothelioma after his work from 1949 until 1951 as a mechanic, from 1951 until 1954 as a combat engineer, from 1954 until 1957 as an operator, as a truck mechanic in 1957, as a policeman from 1957 until 1978, as a security guard from 1978 until 1994 and as a member of the Local Corvair Club from 1978 until 2005. The Istenes are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Madison County Circuit Court case number: 09-L-0104.

--Gary Jenkins ofTexas claims mesothelioma on behalf of his recently deceased father, William Jenkins, who worked as a laborer from 1954 until 1972. Gary Jenkins is represented by Robert Phillips and Perry J. Bowder of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0118.

--Doris Kindelspire ofIllinois claims mesothelioma on behalf of her recently deceased husband, Raymond C. Kindelspire, who worked as an owner and clerk at Kindelspire's Auto Supply from 1937 until 2005. Doris Kindelspire is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-0111.

--Karen Spiker ofIllinois claims lung cancer on behalf of her recently deceased father, William Spiker, who worked from 1949 until 1982 as a laborer inIllinois. Spiker is represented by Brian J. Cooke and Drew Sealey of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0121.

--Clarence Turnbough ofMissouri, a carpenter and laborer at various locations throughoutIllinois andMissouri from 1936 until 1981, claims mesothelioma. Turnbough is represented by Nicholas J. Angelides of SimmonsCooper inEast Alton. Madison County Circuit Court case number: 09-L-0123.

--Robert Ward ofTennessee claims lung cancer on behalf of his recently deceased wife, Carolyn A. Ward, who worked as a seamstress from 1960 through 1977 at Charles H. Bacon Hoisery Mill, as a laborer from 1977 until 1979 at Eaton Yale and Towne Lock and as an operator from 1979 until 1989 at Union Carbide. Carolyn A. Ward was also exposed to asbestos fibers through her husband, who worked from 1959 until 1962 as a laborer at various construction sites, from 1962 until 1971 as a laborer and foreman at William Versavage Construction Company and from 1971 until 2002 as an owner, laborer and foreman at Bud Ward Contracting Company, according to the complaint. Robert Ward is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-0122.

--Roy T. White ofMissouri claims mesothelioma on behalf of his recently deceased brother, Billy G. White, who worked as a heavy equipment operator, laborer, truck driver, superintendent for Pike County Highway Department and shipper from 1963 until 1995. Roy T. White is represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-0120.

http://madisonrecord.com/news/contentview.asp?c=217584

 
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West Virginia – Asbestos Trades – Asbestos Mesothelioma Lawsuit Claims

New asbestos claims filed in Madison county Dec. 1-5 
12/12/2008 7:58 AM By Kelly Holleran 

 

Twelve new asbestos lawsuits were filed inMadisonCounty during the week of Dec. 1 through Dec. 5.

The following claims were filed:

--Randy Beverly ofOhio claims mesothelioma on behalf of his recently deceased father, Denver Beverly.Denver worked from 1942 until 1984 as a construction battalion worker, coal miner, assembly line worker, maintenance worker, electrician and carpenter at various locations throughoutVirginia,Ohio andIndiana, according to the complaint.Beverly is represented by Christopher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnard of SimmonsCooper inEast Alton. Case number: 08-L-1142.

--William Brown, a laborer from 1948 until 1994, claims mesothelioma. Brown also worked on home construction and remodel from 1968 until 1976, according to the complaint. He is represented by Randy L. Gori of Gori, Julian and Associates inAlton and W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, W. Casey Harris and J.D. McMullen of The Lanier Law Firm inHouston were of counsel. Case number: 08-L-1127.

-Paul Butzen ofIllinois, a sandblaster, infantry, assembler, laborer, mechanic, operator, janitor and general maintenance at various locations throughoutIllinois from 1942 until 1999, claims mesothelioma. He is represented by John A. Barner and Myles L. Epperson of SimmonsCooper inEast Alton. Case number: 08-L-1148.

--Clarence and Barbara Byrd ofAlabama claim Clarence was diagnosed with laryngeal cancer. Clarence worked from 1963 until 1992 as a laborer and served in the army from 1975 until 1977 and in reserve components from 1978 until 1980, according to the complaint. They are represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Case number: 08-L-1136.

--Frank Caroots ofOhio, a deckhand, disbursement clerk, laborer, relief operator, assembler, operator and paint filler at various locations throughoutIllinois andMissouri from 1950 until 1994, claims mesothelioma. He is represented by John A. Barnerd and W. Brent Copple of SimmonsCooper inEast Alton. Case number: 08-L-1124.

--George B. Dotson ofTexas, who served in the United States Air Force and as a mechanic, claims mesothelioma. He also opened a furniture business in 1987 and did other odd jobs to supplement his income, according to the suit. He is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Case number: 08-L-1143.

--Robert K. and Anna M. Fisher claim Robert wasdiagnosed with mesothelioma. Robert worked from 1964 until 1970 as a machinist, salesman and repairman inWest Virginia,Ohio andArizona. He worked from 1979 until now as an electrician for various employers throughoutArizona, according to the complaint. He is represented by Randy L. Gori of Gori, Julian and Associates inAlton and W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, W. Casey Harris and J.D. McMullen of The Lanier Law Firm inHouston were of counsel. Case number: 08-L-1129.

-Paul Phillips ofFlorida, a boilermaker at various locations throughoutIllinois,Indiana andMissouri from 1967 until 1993, claims mesothelioma. He is represented by John A. Barnerd and W. Brent Copple of SimmonsCooper inEast Alton. Case number: 08-L-1147.

--Jane Riebe ofOhio claims lung cancer on behalf of her recently deceased father, Edward Riebe. Edward worked from 1948 until 1990 as a laborer at Allied Chemical inToledo,Ohio. Jane is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Case number: 08-L-1125.

--Sharon Sale ofIllinois claims lung cancer on behalf of her recently deceased husband, Donald R. Sale. Donald worked as a clerk, operator at Shell Oil Company, self-employed auto mechanic, cashier, manager and cashier from 1953 until 2002, according to the complaint.Sharon is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates inAlton. Case number: 08-L-1130.

--Richard Stegner ofNevada, a cook, clerk, gas attendant and production foreman at various locations throughoutIndiana from 1955 until 1998, claims mesothelioma. He is represented by Christopher R. Guinn and Christopher J. Levy of SimmonsCooper inEast Alton. Case number: 08-L-1134.

--Marion Weisler ofMichigan, an assembly line worker and receptionist at various locations throughoutMichigan from 1963 until 2005, claims mesothelioma. She is represented by Christopher R. Guinn, Christopher J. Levy, Perry J. Browder and John A. Barnerd ofEast Alton. Case number: 08-L-1135.

 

http://www.madisonrecord.com/news/216405-new-asbestos-claims-filed-in-madison-county-dec.-1-5

 
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West Virginia – Asbestos Jobsites – Asbestos Class Action

 

Settlement reached inW.Va. asbestos suit

Nov 22, 2005 | AP

 

West VirginiaUniversity has reached a settlement in aclass-action lawsuit affecting up to 5,600 former and current employees who may have been exposed toasbestos, the school announced Tuesday.

As part of the proposed settlement, WVU will institute and pay for a medical surveillance program to be conducted for 20 years. WVU also agreed to pay $1 million to cover potential claims and attorney fees.

A judge must approve the agreement before it becomes final. A hearing is scheduled for Dec. 22.

University employees sued in 2000 and sought medical monitoring for potential asbestos-related health problems as a result of working in university buildings containing asbestos insulation.

The workers, including professors, custodians, secretaries and other staff, alleged that asbestos in campus buildings put them at an increased risk of cancer.

The university said in a statement that the agreement had been reached in the "spirit of compromise."

"WVU maintains that all standard, recognized practices for asbestos removal have been followed over the years, and that the general population of employees, through routine monitoring of buildings and air samplings, remain safe from any harmful effects of asbestos-containing materials," the university said.

Until the 1970s, asbestos was universally prized for its resistance to fire and heat. Since then, the medical community has warned that asbestos fibers, when inhaled, can cause such illnesses asmesothelioma, a rare and inoperable form of lung cancer. It also causes asbestosis, an irreversible scarring of the lungs, and other lung ailments.

 

Associated Press

 
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West Virginia – Asbestos Company – Asbestos Lawsuit

 

Asbestos Suits Become More Widespread

 

Sep 26, 2002 | The Los Angeles Times

 

Asbestos litigation has ensnared more than 6,000 companies--triple previous estimates--and is affecting nearly every industry, a Rand Institute study said Wednesday.

U.S. companies have paid out $54 billion on more than600,000 asbestos injury claims filed since the early 1970s, the Rand Institute for Civil Justice reported. Asbestos claims ultimately could cost as much as $210 billion, according to projections cited in the study, and more than 60 companies--22 of them in the last two years--have sought bankruptcy protection to staunch their losses.

The rising cost of the lawsuits has brought calls for reforms, and on Wednesday corporate defenders, insurers and lawyers for asbestos-related cancer victims seized on theRand report as evidence of the need for change in a hearing on asbestos litigation before the Senate Judiciary Committee.

The hearing coincided with this week's opening of a massiveclass-action suit inWest Virginia involving more than 5,000 plaintiffs and dozens of corporations including Exxon Mobil Corp., Owens-Illinois Inc., Westinghouse Electric Corp. and Union Carbide, now part of Dow Chemical Co.

In a measure of the breadth of the litigation, Rand found asbestos suits had been filed against companies in 75 of 83 industry sectors tracked by the government, said Stephen Carroll, the Rand senior economist who headed the study.

"The bankruptcies are the tip of the iceberg," Carroll said. "Under the surface there are a lot of corporations that are being hit hard by asbestos liabilities and they are putting their money into compensation payments instead of investment."

TheRand study also renewed questions about whether the growing pile of lawsuits is benefiting the victims of asbestos. Despite the enormous economic costs, the authors conclude that asbestos litigation is failing to adequately compensate the most seriously ill victims and no longer poses a deterrent to the pursuit of profits at the expense of worker health.

After the costs of litigation, asbestos claimants now receive 43 cents of every dollar spent on asbestos compensation, a slight improvement over the 37 cents thatRand researchers said reached plaintiffs' pockets 20 years ago. At the same time, the most seriously ill victims--people with lung cancer and mesothelioma, an incurable asbestos-related cancer--get little more than a third of all payouts, the study said.

The study echoes others' concerns that a surge in claims in the last four years from people who may have been exposed to asbestos but are not sick is draining money away from cancer victims who have high medical expenses and are no longer able to earn a living.

"The system looks worse 20 years later," said Deborah Hensler, aStanfordUniversity law professor who contributed toRand's first asbestos litigation study in 1982 and to its latest. "The system [in 1982], however inefficiently, was performing its job of corrective justice. It was making the bad guys pay. And by making the bad guys pay, the system was sending a very strong message to other potential bad guys working with other products that 'If you engage in this kind of behavior, you might find yourself in bankruptcy.' "

Today, Hensler said, high legal costs and payouts to claimants without serious injuries are diverting money away from cancer victims, and corporateAmerica no longer believes that only the most culpable companies pay.

Because litigation has spread to hundreds of companies outside the asbestos mining and manufacturing business, Hensler said, executives of recently targeted companies are saying, " 'This is not fair. We are being asked to pay for something that other blame-worthy companies did.' "

Fred Baron, a pioneering asbestos lawyer fromTexas and a recent president of the Assn. of Trial Lawyers of America, disputed the idea that "uninvolved companies" are being unfairly swept into the fray.

"While these companies did not manufacture asbestos, they used, distributed or otherwise sold products to others knowing that their asbestos content was likely to injure downstream users," Baron said. "Other defendants purchased companies, often at a discount, knowing these companies had substantial asbestos liability."

Baron's comments came during the Judiciary Committee hearing.

But Steve Kazan, anOakland lawyer who represents only cancer victims, told the committee that unless Congress steps in, there will be no money left to compensate people who fall victim to asbestos cancers over the next 50 years.

An estimated 27 million workers were heavily exposed to asbestos between 1940 and 1973. But, because mesothelioma can take 40 years or more to appear, at least 2,500 new cases are diagnosed each year, and the disease is widely expected to claim hundreds of thousands of lives in 30 to 50 years.

To preserve funds for future mesothelioma victims,Kazan has taken the unusual position of joining corporations and insurers in proposing that Congress establish medical thresholds that would bar claims from people who are not functionally impaired. Other asbestos reform efforts have failed over the years, and, despite more than a year of lobbying, the latest idea has not found its way into a bill.

Baron, testifying on behalf of the trial lawyers association, urged the congressional committee to continue its restraint, saying the proposed reforms would harm the rights of most asbestos victims.

"Although they will argue that the only way to pay more to the sickest is by paying less to others, the defendants' real goal is to pay less total asbestos compensation," Baron said. "The concept that a victim must be impaired before their claim can be heard is an invention of the asbestos defendants designed to limit their liability."

Sen. Patrick J. Leahy (D-Vt.), who chairs the committee, said he was interested in coming up with a bill that would respond to the neediest victims, but he said the committee was unlikely to take it up before Congress adjourns for the year.

 

TheLos Angeles Times

 
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West Virginia – Asbestos Lawsuit

Pt. Pleasant man says he was exposed to asbestos on boat
4/20/2010 2:00 PM By Kelly Holleran  -Cabell Bureau

HUNTINGTON -- APoint Pleasant man has filed suit against his employer, alleging he was exposed to asbestos fibers while at work on a boat.

Martin Randall Woodall Jr. claims he worked on the M/V Leila Shearer, owned by defendant Campbell Transportation Company, in December 2008 when he learned that the vessel had temporarily been taken out of service for asbestos abatement.

Prior to and after learning of the asbestos abatement, Woodall suffered from lung dysfunction, according to the complaint filed Feb. 24 in U.S. District Court for the Southern District ofWest Virginia. He blames his lung dysfunction and other problems on the asbestos fibers to which he was exposed.

For example, Woodall claims he became sick, sore, lame and disordered; lost wages and his earning capacity; experienced pain and suffering; incurred substantial medical costs; and sustained disability because of his exposure.

He alleges unseaworthiness, negligence and maintenance and cure against Campbell Transportation Company.

Woodall is seeking compensatory damages, plus attorneys' fees and other costs.

Matthew L. Clark of Kayser, Layne and Clark inPoint Pleasant will be representing him.

U.S. District Court case number: 3:10-cv-182

http://www.wvrecord.com/news/226146-pt.-pleasant-man-says-he-was-exposed-to-asbestos-on-boat

 
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West Virginia - $7 Mesothelioma Verdict

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


Publication: THECHARLESTONGAZETTE
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 Cox died in 2000. He was 53. His survivors blame DuPont for his fatal illness. AKanawha 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 Ohio County Circuit 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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