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ASBESTOS NEWS DAILY - Carman
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Asbestos Mesothelioma: Carman


 

We connect you with experienced Carman Mesothelioma Asbestos lawyers. If have been diagnosed with Mesothelioma or an Asbestos related illness we can help you file a claim.

Carman diagnosed with Mesothelioma and other Asbestos related diseases 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 experienced Carman Mesothelioma Lawyer and also help you find a qualified Mesothelioma doctor.

 
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Carman – Asbestos Trades – $1 Million Asbestosis Claim

Railroad workers claim asbestosis, seek $1 million in St. Clair County FELA case
6/8/2009 12:20 PM By Kelly Holleran 

Four former railroad workers are seeking more than $1 million from five railroad corporations, alleging they developed asbestosis after they wereexposed to asbestos and second-hand cigarette smoke during their employment.

Gerald Abbott, Thomas Wright, Ronald Franklin and Carl Cory filed a lawsuit May 29 in St. Clair County Circuit Court against CSX Transportation, Consolidated Rail Corporation, American Premier Underwriters, The Alton and Southern Railway Company and Union Pacific Railroad Company.

Because of their work for the companies, the men say they developed asbestosis and respiratory illness.

They now suffer great pain and disability, mental anguish and extreme nervousness and have lost large amounts of income because of their disabilities, according to the complaint.

The plaintiffs say the companies violated the Federal Employers Liability Act by failing to provide them with a safe place to work, by failing to provide them with adequate equipment, by exposing them to asbestos, by failing to warn them of the hazards of asbestos and by permitting unsafe work practices to become common.

The railroad corporations also violated the Locomotive Boiler Inspection Act by failing to provide locomotives whose appurtenances were in proper and safe conditions, by requiring plaintiffs to work on locomotives that were defective because they were contaminated with asbestos, silica, second-hand smoke and emitted dangerous amounts of diesel exhaust, the suit states.

All of the menworked for the railroad in carman craft. Abbott worked from 1941 until 1961; Wright from 1957 until 1959; Franklin from 1964 until 1984 and Cory from 1950 until 1963, the complaint says.

In the 28-count suit, the men are seeking a judgment in excess of $1.4 million, plus costs.

William P. Gavin of the Gavin Law Firm inBelleville will be representing them.

St. Clair County Circuit Court case number: 09-L-284.

http://www.madisonrecord.com/news/219439-railroad-workers-claim-asbestosis-seek-1-million-in-st.-clair-county-fela-case
 
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Carman– Asbestos Trades – $2.5 Million Asbestos Lawsuit

Southern Illinois cases included in asbestos MDL: 94-year-old Tennesseean among plaintiffs
5/15/2009 5:21 AM By Steve Korris 

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 Eduardo Robreno 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 asked Robreno to dismiss about half the claims with a stroke of a pen, but Robreno 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 as Robreno required.

O'Brien responded that he didn't receive notices to comply with Robreno'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, of Roven-Kaplan inHouston.

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

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

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

The Multi District Panel sent him a wrongful death suit that Michael Cascino ofChicago filed in January on behalf of the late Edward Shotts.

According to the complaint Shotts died in 2005, at age 76.

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

Prior to transfer, defendants Owens-Illinois and Guard Line Inc. argued that a two year limit had run out on wrongful 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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