Types of Mesothelioma

2/23/11, “Mesothelioma Lawyer Wyoming”

For those who wonder about what the American West was like in the first part of the 19th Century, Wyoming is a good approximation. For its size (the 10th largest state at nearly 98,000 square miles), it is the least densely populated; less than half a million humans inhabit the state.

It should then come as no surprise that Wyoming also has the lowest rate of asbestos-related deaths; between 1980 and 2000, there were only 67 terminal victims of asbestos. These were roughly evenly divided between mesothelioma and asbestosis patients; most of these were in Laramie County (home of Cheyenne and Laramie) and Natrona County (home of Casper).

According to the Agency for Toxic Substances and Disease Registry map of U.S. asbestos deposits, Wyoming’s naturally-occurring serpentine deposits (the source of chrysotile asbestos) are oriented along two lines running northwest to southeast. One of these is along the Rock Mountains, approximately parallel to the Continental Divide; the other roughly follows the path of U.S. Interstates 25 and 90. Because the locations are in areas that are sparsely populated, they pose little threat to human health.

Most industrial facilities in Wyoming are either power generating plants or oil refineries. Standard, Stouffer, Texaco and Sinclair all operate oil refineries within the state’s boundaries. Both of these are among the most dangerous kinds of job sites in terms of asbestos exposure.Aside from the political and economic costs of petroleum, it is a highly volatile and toxic substance in all stages.

“Rock oil,” or petra oleum, is arguably a form of solar energy; it is derived from the ancient sunlight captured by plants via the process of photosynthesis during the Paleozoic Era, long before the dinosaurs. These plants died and subsequently went into the ground, where their remains were subject to geologic pressures which resulted in the carbon-based fuels the runs much of society today.

The problem is that the energy that was originally stored by these plants has changed its form dramatically, and is from a time that is hundreds of millions of years removed from the present. The result is a substance that is quite flammable and poisonous to the modern environment.

The same properties that make petroleum an effective source of fuel are the same that make it so dangerous to work with. In order to protect workers from burn injuries, it was necessary to insulate much of the machinery and equipment used in oil refining with asbestos.

The cost of this “protection” was made clear by a British study in 2003. The study followed the mortality rates of over 28,000 people who had worked at refineries in the refining department. This group suffered from significantly elevated mortality rates of both of the major types of asbestos cancer: Lung Cancer, and Malignant mesothelioma.

Power plants are among the most hazardous jobsites according to findings of a Puerto Rican study in 2003. In this study, over 1,100 workers who had more than fifteen years experience had chest x-rays taken and analyzed. Thirteen percent of the x-rays had “abnormalities” consistent with asbestos disease.

Asbestos was used in any industry in which fire danger, corrosive chemicals or electrocution was a concern. While these asbestos -containing materials (ACMs) provide this protection admirably, the problem lies in the fact that they eventually start to break down and crumble into dust, releasing loose fibers into the environment. In this state, it is known as friable, and causes a serious health risk to anyone who is exposed.

A search through the Wyoming Federal District Court Cases for asbestos -related personal injury product liability, or mesothelioma lawsuits, brings up no recent lawsuits. However, that does not mean that asbestos is not a concern in the state. Wyoming is ranked 47 in the U.S. for mesothelioma cases. With a mesothelioma mortality rate of 13.2 per million, Wyoming has a crude mortality rank of 20 in the country.

In Wyoming, there are a number of known asbestos -exposed areas. These include the Coal-Fired Power Plant and the Gillette Electric Plant in Gillette, the Dave Johnson Coal-Fired Power Plant in Glenrock, Wyoming Refining in Newcastle, the Jim Bridger Power Plant in Rock Springs and the Sinclair Oil Refinery. Casper has four known asbestos -exposed areas: Little America Refining, Colorado-Ute Power, the Standard Oil Refinery, and the Texaco Oil Refinery. Cheyenne has three known asbestos -exposed areas: the Husky Oil Refinery, Fort Frances E. Warren, and Frontier. Green River has three known asbestos -exposed areas: the Allied Chemical (soda ash) Plant, the Coal-Fired Power Plant, and the Stouffer Chemical Plant.

Individuals living or working near these areas should be checked regularly for symptoms of mesothelioma in order to file Wyoming mesothelioma lawsuits within the state’s statute of limitations. It is a good idea to contact a Wyoming mesothelioma attorney to help you file the correct legal documents. While many of these sites have been inspected and some have been cleaned up, anyone who worked or lived in these areas before asbestos contamination was reported can still be affected. Also, it is important to keep in mind that these are only known asbestos sites. Other areas in the state may also contain asbestos but may not yet have been reported as such.

A key Wyoming mesothelioma lawsuit was Gregory A. Popick, v. State Of Wyoming, Ex Rel., Wyoming Workers’ Safety And Compensation Division. In 1978, Gregory A. Popick held three separate jobs in Wyoming in the course of which he may have been exposed to asbestos. In the 1990s, Popick began experiencing breathing difficulties. In 2001, Popick sought medical treatment and was told he had symptoms consistent with asbestosis; in 2002 the diagnosis was confirmed. In 2003, he filed three injury reports with the Wyoming Workers’ Safety and Compensation Division, claiming in each that his asbestosis was caused by his employment in Wyoming in 1978. The Workers’ Safety and Compensation Division in turn issued three responsive final determination letters denying coverage to him because, it said, he did not provide enough evidence of work-related asbestos exposure in Wyoming; he failed to file a claim for benefits within one year after being diagnosed or within three years from the date of last exposure; and he had not reported the injuries to his employers and the Wyoming Workers’ Safety and Compensation Division. After a district court upheld the denial of the claim, Popick filed an appeal to the Wyoming Supreme Court. The Supreme Court determined that Wyoming’s laws require injured workers to report their injuries to their employers and the state and to file claims for benefits with the state, with both requirements subject to time limitations. The court also found that in cases involving latent diseases such as asbestosis, the time limit for filing the claim for benefits is determined by the law in effect at the time the claimant becomes aware of his condition. Since Popick waited for more than a year after his initial diagnosis of asbestosis to file his claims, Wyoming’s Supreme Court upheld the lower court’s ruling to dismiss his claims.

Those interested seeking Wyoming mesothelioma settlements should know that the statute of limitations for personal injury law in Wyoming is four years with a discovery rule that states that this amount of time begins when the problem (in this case the mesothelioma) either was discovered or should have been discovered. Therefore it is extremely important that you contact a Wyoming mesothelioma lawyer as soon as possible after your diagnosis in order to ensure that this deadline is not missed. Wrongful death cases are limited to a two-year statute of limitations following the same discovery rule. There is no special statute for asbestos cases in Wyoming.

Worldwide Campaign to Ban Asbestos

(February 5, 2011)

Anti-asbestos advocates called for a worldwide campaign against the use of asbestos to reduce the increasing risk of mesothelioma cancer.

Asbestos is a naturally occurring substance that became increasingly popular in the 19th and 20th centuries among manufacturing and construction industries because of its useful properties such as average tensile strength, sound absorption and resistance to heat, electricity and chemical. However, recent studies showed that prolonged asbestos exposure can lead to significant health problems such as asbestosis, lung cancer and malignant mesothelioma, which is a rare form of cancer that affects protective linings of the lungs, abdomen and heart. In a study conducted last year titled The Case for a Global Ban on Asbestos researchers found that workers who were exposed to a substantial amount of these carcinogens were likely to suffer and die from these aforementioned asbestos-related diseases in their lifetimes.

With no exceptions, researchers have said there is no safe level of asbestos exposure. A U.S. federal regulatory board noted that when any asbestos-containing materials are disturbed or damaged and become airborne, the asbestos fibers will then be inhaled and fester within the lungs for decades, developing different types of asbestos cancer. Those communities who are in close proximity to these toxic materials are not exempt from an increased risk of malignant mesothelioma.

Meanwhile, reports said that two million tons of asbestos are still being produced each year even though all forms of asbestos have been prohibited in 52 countries. Among the countries that already ban the operation and use of these carcinogens are Russia, UK, Australia and Vietnam. However, despite the best efforts of international organizations and anti-asbestos support groups, some countries like Canada and India still promote asbestos use globally. Asbestos still remains widely used in many countries around the world, including the United States.

Tennessee Jury Awards $8.6 M Asbestos Settlement

(February 11, 2011)

A Tennessee jury awarded an $8.6 million mesothelioma settlement to a former CSX Transportation railroad worker who died of mesothelioma. On November 30, 2010 after a two-week trial and one day of deliberation, twelve members of the jury awarded an $8.6 million asbestos verdict to the estate of the deceased, Winston Payne, who formerly worked as a railroad switchman at CSX for 40 years.

The asbestos lawsuit was filed against one of the leading transportation suppliers in the United States, which encompasses about 21,000 route miles of track in twenty-three states. This lawsuit was not a traditional asbestos case because it was filed under the Federal Employers Liability Act, a federal law that protects and compensates railroad workers who were injured in the course of their employment. The jury found that CSX violated the two provisions of the Federal Locomotive Inspection Act.

During the tribunal, the defendant argued that they cannot be held liable for the mesothelioma, mesothelioma and death of the plaintiff because their train engines did not contain asbestos. In addition, they said that Payne’s ailment was primarily caused by his cigarette smoking. On the contrary, Payne’s asbestos attorney insisted that the plaintiff was allegedly exposed to radiation, asbestos and diesel fumes in the course of his employment.

The plaintiff alleged that the trains moved metal and barrels contaminated with radiation and released asbestos and diesel exhaust. As a result, the jury found the defendant guilty of negligence for failing to disclose the hazards of asbestos, which contributed to the disease and death of the plaintiff. Moreover, the jury also found the defendant guilty of violating the Locomotive Inspection Act, which states that a railroad carrier may only use a locomotive when it is in proper condition and safe to operate without unnecessary danger of personal injury. CSX will be liable for the entire $8.6 million asbestos settlement

2/24/11, “Mesothelioma Lawyer Massachusetts”

The list of job sites, companies, factories and public facilities in Massachusetts at which asbestos -containing materials (ACMs) are now or have been used is extensive, containing over 400 different industries and institutions. They run the gamut from the usual industrial settings such as gas works, power plants, foundries and shipyards to several school and university buildings, retirement homes, banks and libraries. The list even contains a motion-picture theatre.

Why would asbestos be in so many places?

The fact is that Massachusetts has been inhabited by non-Native peoples for nearly 400 years. As a result, there is an abundance of old buildings that have been remodeled and renovated numerous times.

Meanwhile, asbestos building materials have been around since the 1850s, when Henry Johns started experimenting with “fire-proof shingles” as a young man. Ironically, Henry Johns was killed by the same substance that made him wealthy (his company, the H. W. Johns Manufacturing Company, was the predecessor of Johns-Manville), dying of asbestosis at the age of sixty.

Between 1980 and 2000, 759 people from Massachusetts shared Johns’ fate. An additional 613 succumbed to mesothelioma, a rare and highly malignant form of cancer that, in its most common form of pleural mesothelioma, attacks the pleural lining and often spreads to other parts of the body.

For many of them, exposure was the result of ACM building material that was used extensively in buildings for perhaps one hundred years. Industries in which heat or corrosive chemicals were a problem also made use of asbestos products in many places–including, ironically enough, the protective garments worn by workers. These garments–gloves, aprons and even full body suits–had asbestos linings that released fibers when the outer surfaces became ripped or worn.

Amherst, Boston, Braintree, Cambridge, Cape Cod, Dartmouth, Fall River, Gloucester, Holyoke, Kingston, Plymouth, Quincy, Salem, Worcester and even Martha’s Vineyard are just a few of the Massachusetts cities, towns and communities where people of nearly all walks of life were exposed to asbestos.

Naturally-occurring deposits in Massachusetts are located in two places. One of these is in the rural western part of the state in the vicinity of Pittsfield; the other is located in the central part of the state in the area of Quabbin Reservoir, near Harvard Forest.

There have also been two asbestos mines in the state; unsurprisingly, neither was located far from the asbestos deposits. One of them, located in North Cambridge, has a particularly infamous name attached to it: W.R. Grace & Company. This corporation has been a major source of asbestos poisoning; they were among the major players in the asbestos industry whose management was well aware of the health hazards of asbestos, yet took no action to either warn or protect employees or the people of the community. W.R. Grace also had asbestos -processing operations in Woburn and Walpole. Six surviving corporate officers of W.R. Grace & Company are under indictment on criminal charges and are facing trial in federal court. The seventh, a mine supervisor, ironically died of asbestos cancer in February of 2007.

In many states, unlike the situation in Massachusetts, mesothelioma victims outnumber asbestosis victims, sometimes by a substantial amount. This is despite the fact that malignant mesothelioma is much rarer. It is, however, incurable and fatal in all cases; the average mesothelioma prognosis for a victim is 18 months following the initial diagnosis.

asbestosis is also incurable. However, if caught and diagnosed in an early stage, its progress can be arrested. Many asbestosis victims live long, reasonably normal lives with medication and the use of supplemental oxygen.

Over the course of the last century, hundreds of thousands of workers were exposed to asbestos while on the job – and for the most part, they were not warned.

The diagnosis and treatment of asbestos -related cancers and other diseases is gradually becoming a sub-specialty in the field of medicine all its own. However, as of the present time, there is no medical degree that is specific to asbestos -related practice. Most doctors focusing on asbestos disease today are trained in oncology, thoracic surgery, respiratory or occupational medicine, or some related field.

A search through the Massachusetts Federal District Court Cases for asbestos -related personal injury product liability lawsuits and Massachusetts mesothelioma lawsuits brings up a list of ten recent lawsuits from 2006 and 2007. It should be noted however that none of these mesothelioma lawsuits in Massachusetts were the suit of an individual against a corporation or company but rather they were petitions for (and notices of) removal from asbestos litigation. Two of these cases involve Metropolitan Life Insurance Company, which filed for bankruptcy settlement in its nationwide asbestos lawsuits.

Massachusetts is ranked ninth in the U.S. for mesothelioma cases. With a mesothelioma mortality rate of 16.39 per million, Massachusetts has a crude mortality rank of eight in the country.

The state of Massachusetts has an unusually large number of known asbestos exposed areas. In Abbington, the Abbington Fire Station, Abbington High School, and Abbington School are known to asbestos -exposed areas. In Acushnet, Acushnet Gas Pipes, Acushnet Housing, the Acushnet Telephone Building, and St. Francis Xavier School are asbestos -exposed areas. In Adams, Arnold Fishing Co. and Mf Ashley Co. of Addelboro are known areas exposed to asbestos. asbestos has also been found in Rosen Textile in Agawam. In Amherst, there are many known asbestos exposed areas. These include Amherst College, Valentine Hall, and areas of the University of Massachusetts, including dormitories, the library, the boiler room, the Student Union building, the Men’s Physical Education building, the Physics building, and the Science Addition. In Andover, Andover School, the Fishbrook Pumping Station, the IRS building, and Phillips Academy have at some point been exposed to asbestos. The Arlington Boys Club and the Ashburnham Telephone building are also known asbestos -exposed areas. In Ashland, Ashland High School and Fenwal, Inc., are exposed areas. In Ashton, Black Stone Valley Gas Company and Blackstone Valley Gas Tank are affected. St. Bernard’s Church in Assonet and Athol High School and the Athol YMCA in Athol are sites of asbestos exposure.

Attleboro, Massachusetts alone has a very long list of known asbestos exposed areas. These include the American Sisalkraft Corporation, the Athestons of Attleboro, Attleboro Elderly Housing, Attleboro Junior High School, Attleboro School, Attleboro Town Hall, Attleboro Trust Company, Attleboro Veterans Housing, Bruce Diamond Company, the Donnelly Building, Hope Gardens Housing, Joe Martin School, Kinney Shoe Store, Old Hickton Hotel, Peter Thatcher Jr. High, Sweet Library, Yaeger Estate, Balfour Company, Belfore Jewelry, Crown & Yarn Dye Company, General Instruments, Handy & Harmon, Holiday Inn, Jostens Jewelry Manufacturing Company, LG Balfour Company, Lasalette Shrine, Leachand Garner, Marathon Company, Montrose Hauser, National Guard Armory, Attleboro St. Regis Paper, Sturdy Memorial Hospital, Sweet Manufacturing, the Texas Instrument Waste Water Treatment facility, Texas Instruments, Thompson Chemical, Tells Manufacturing, and the YMCA.

In addition to these known sites, there are known asbestos exposure sites in Auburn, Avon, Ayer, Baldwinville, Barnstable, Barrington, Belchertown, Bellingham, Bellington, Belmont, Beverly, Billricca, Blackstone, Boston, Bourne, Braintree, Brewster, Bridgewater, Brockton, Brookfield, Bryantville, Burbank, Burlington, Buzzards Bay, Cambridge, Canton, Cape Cod, Centerville, Central Falls, Charlestown, Chatham, Chelmsford, Cherry Valley, Chesterfield, Chestnut Hill, Chicopee, Cleghoen, Clinton, Cohasset, Concord, Cranston, Cummiquid, Dalton, Danvers, Dartmouth, Dedham, Deerfield, Deighton, Dennis, Dorchester, Dudley, Duxbury, Dyer, E. Braintree, E. Brockton, E. Taunton, East Boston, East Bridgewater, East Douglas, East Longmeadow, East Walpole, Eastern, Everett, Fair Haven, Fall River, Easton, Fallriver, Malden, Mansfield, Marion, Marlboro, Marlborough, Marshfield, and Martha’s Vineyard. Individuals living or working near the known asbestos -exposed areas in these regions should be checked regularly for signs of mesothelioma in order to hire a Massachusetts mesothelioma lawyer and file any lawsuits within the state’s statute of limitations.

Those interested in filing a Massachusetts mesothelioma lawsuit or hiring a Massachusetts mesothelioma attorney should know that the statute of limitations for personal injury law in Massachusetts is three years with a discovery rule that states that this amount of time begins when the problem (in this case the mesothelioma) either was discovered or should have been discovered. Wrongful death cases fall under the same statute of limitations and follow the same discovery rule. There is no specific statute about Massachusetts mesothelioma settlements of asbestos in the state.

2/24/11, “Mesothelioma Lawyer Iowa”

Iowa’s primary industry is agriculture; as a result, the rate of asbestos-related mortality in this state has been somewhat lower than other areas of the nation. Since 1979, 460 Iowans (out of a population of approximately 2.9 million) have lost their lives to asbestos diseases. The overwhelming majority of these were from mesothelioma, which accounted for roughly 80% of these fatalities.

For the most part, it was at the state’s power plants where workers were exposed to asbestos. This is not surprising in light of a Puerto Rican study performed recently, where 13% of power plant workers showed some degree of asbestos-related scarring of the lungs when chest x-rays were examined.

asbestos is primarily used as a fire retardant and heat shield. In facilities that have steam generators, asbestos packing is found in pipe fittings, while asbestos insulation is frequently used around pipes themselves as well as fire doors. While there have been efforts in the U.S. and abroad to reduce and abate asbestos products in such plants, malignant mesothelioma rates have been climbing in many areas.

The Iowa power plants are located primarily in and around the cities of Cedar Falls, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Iowa City, Mason City, Sioux City and Waterloo, and include Alliant Power Stack, Duane Arnold Alliant Energy, Iowa Light & Power, Iowa Power and Light, Sioux City Coal and Gas, Storm Lake Power Plant and the Tipton Power Plant.

In addition, two chemical manufacturers – Irwin Chemical Company and USI – appear on the list of Iowa exposure sites. As well as heat and fire resistance, certain types of asbestos - predominantly crocidolite – has been used in many applications where caustic, corrosive substances pose a hazard.

Crocidolite, or “blue” asbestos, is an amphibole, which is particularly deadly. Although asbestosis and forms of asbestos cancer such as mesothelioma can result from exposure to either amphibole or the softer chrysotile asbestos (sometimes touted by the powerful Canadian asbestos lobby as “safe” asbestos), the former tends to be faster-acting in causing the kind of cellular mutations that result in the development of cancer, according to medical research.

While asbestos is not usually a danger in farming and ranching industries, there are exceptions, particularly when it comes to buildings in which farm machinery is stored as well as the shops in which such machinery is serviced. asbestos-containing material is found in gaskets and brake material, as well as the buildings themselves; this has been a problem in several small farming communities in eastern Colorado.

Another agricultural source of asbestos exposure is often from naturally-occurring deposits that are uncovered in the process of plowing and digging activities; however, this is more of a problem in the Southeast and California. Iowa, being primarily geologically inactive flatlands, has no natural asbestos deposits.

Polk County, where the state capital and county seat of Des Moines is located, had the largest number of asbestos-related deaths in the 20-year period prior to the 2000 census, mainly due to one of three forms mesothelioma, the most common of which is pleural mesothelioma. In that same period, the general population of the Des Moines area increased by around 22%.

The lowest exposure rates were found in rural counties such as Sioux, Washington, Calhoun, Crawford, Grundy, Monroe and Winneshiek. In each of these counties, only a single victim was recorded during that time.

It should be noted that while these statistics account for deaths inside the state of Iowa, it does not take into account where the asbestos exposure took place or the specific occupations of the victims.

People in Iowa with an interest in filing a Iowa mesothelioma lawsuit or hiring a Iowa mesothelioma lawyer should know that the statute of limitations for personal injury law in Iowa is two years with a discovery rule stating that this amount of time begins when the problem (in this case the mesothelioma) either was discovered or should have been discovered. Wrongful death cases fall under the same statute of limitations and follow the same discovery rule. However, Iowa’s Supreme Court has adopted a “separate injury rule” that allows plaintiffs to file Iowa mesothelioma lawsuits for asbestos cancer regardless of whether the victim had developed asbestosis at a much earlier date.

Under this rule, the discovery of asbestosis does not trigger the statute of limitations on asbestos-related diseases that develop later, including cancers such as mesothelioma, allowing victims of such cancers to hire an Iowa mesothelioma lawyer and pursue compensation for their disease. This means that mesothelioma victims in Iowa who have discovered the disease after having first developed asbestosis can seek an Iowa mesothelioma settlement within the statute of limitations related to the discovery date of the cancer.

With 21 mesothelioma-related deaths in 1999, Iowa ranks 33 in the nation for mesothelioma cases. So while this issue is one of concern in the state, it is not pressing in comparison to a majority of states in the nation. Perhaps for this reason, there is not a significant number of high-profile mesothelioma or asbestos-related cases in the state. Oftentimes, when the issue arises, it results in mesothelioma settlement. For example, in 2004, Sioux City was awarded a $7,500 settlement from Wisconsin-based Old Republic Surety Company for rubble containing asbestos that resulted from the demolition of part of the Livestock Exchange Building. A clean-up plan was put in place and there are no known cases (as of yet) of asbestos-related disease caused by the construction-based asbestos exposure.

Although there has not been significant legislation on the issue, the state of Iowa does note concerns as in the above case. Another example of this is the early 2007 Iowa OSHA notice that worker safety is still compromised by exposure to asbestos, warning of asbestos’s lingering presence in the automotive industry. More specifically, there is current concern in the state about asbestos-related disease in those employees who work on the brakes of older cars. The worker safety alert specifically addresses workplace safety and health issues and holds no jurisdiction over anyone working on older model vehicles during their leisure time, but health risks should be of concern to these amateur mechanics as well.

In another 2007 issue, students at one Iowa elementary school had their classes relocated as officials discovered that the glue on asbestos-containing ceiling tiles was failing, causing tiles to fall. Again, this points to the fact that despite lack of those seeking Iowa mesothelioma settlements, there are reasons for continued concern by Iowa’s citizens. In fact, four mesothelioma victims and their Iowa mesothelioma lawyer have come together in 2007 in a lawsuit against a Des Moines company that manufactures putty used for wood and plaster repairs, model building and sculpting. This is only the second asbestos-related lawsuit for the company, which has made putty since 1932. In 2005 the first case was dismissed when tests conducted on behalf of the plaintiff failed to find asbestos.

2/23/11, “Mesothelioma Lawyer Washington, D.C.”

A recent report from the Government Accountability Office revealed that a number of low-paid maintenance workers who service HVAC and water lines underneath the buildings of Capitol Hill have been breathing asbestos fibers for years – and highly paid members of Congress took little, if any notice until Illinois senator Dick Durbin finally brought the issue out into the open in December of 2006.

This is the most notorious example of asbestos exposure in recent months, but it is by no means the only one. The District of Columbia has a mesothelioma mortality rate of more than 11 per million, or .0011%, and ranks 30th in terms of overall asbestos mortality.

In addition to 150-degree (Fahrenheit) heat, arsenic fumes and chunks of falling concrete from aging and deteriorating walls, the maintenance workers who have been responsible for the repair and maintenance of the HVAC and plumbing for federal buildings have been regularly exposed to large amounts of friable asbestos fibers. According to some reports, Capitol police have refused to patrol there because of the conditions.

Meanwhile, Congress exempted these employees from the same worker rights and protections granted to workers in almost all other industries.

These workers report to the Architect of the Capitol, a department which is “…responsible to the United States Congress for the maintenance, operation, development, and preservation of the United States Capitol Complex, which includes the Capitol, the congressional office buildings, the Library of Congress buildings, the Supreme Court building, the U.S. Botanic Garden, the Capitol Power Plant, and other facilities.” The responsibility to provide a safe work environment for its employees is apparently not a high priority.

It was only when these workers appealed directly to Congress and the media (while the Architect used intimidation and harassment to silence them) that the senator from Illinois stood up and acknowledged that he and his colleagues had “…a responsibility to these [tunnel] workers and a responsibility to this nation to set a good example when it comes to worker safety.”

While these workers may have finally won their battle, it is too late for most of them; recent medical examinations indicated that most had “the lungs of old men”.

Despite its name, the Washington Navy Yard hasn’t actually built any ships since the War of 1812; at that time, it became a facility for the manufacture of guns and munitions.

Cutting edge technology has always been used at The Washington Navy Yard; it was not only the first manufacturing operation to employ the steam engine in the early 19th century, it was also the first in which computers were used to solve differential equations required for engineering in 1954.

The Yard – officially designated as the U.S. Naval Gun Factory in 1945 – ceased operations in 1961 and was converted to office space. Most industrial activities up to that time involved asbestos, and the Washington Navy Yard was no exception; the manufacture of guns and ship fittings involved the use of fire-proofing because of the blast furnaces, steel and iron-casting activities, and numerous flammable substances typically found in factory settings.

Asbestos exposure could also be the result of wearing protective clothing and equipment. Steel and iron workers often wore asbestos gloves, bibs and coveralls, which could release asbestos fibers if ripped open or worn. Welders, carpenters, painters, riggers, pipe fitters, electricians and metal cutters were all employed at the Washington Navy Yard at one time or another, and thus were exposed to asbestos fibers to some degree.

Over the course of the last century, hundreds of thousands of workers were exposed to asbestos while on the job – and for the most part, they were not warned.

A search through the Washington, D.C., Federal District Court Cases for asbestos-related personal injury product liability lawsuits, such as mesothelioma lawsuits, does not bring up any lawsuits between 2006 and 2007. However, this does not mean that asbestos is not a concern in the region. The District of Columbia is ranked 47 in the U.S. for malignant mesothelioma cases. With a mesothelioma mortality rate of 11.45 per million, the District of Columbia has a crude mortality rank of 30 in the country.

There are two known asbestos-exposed areas in Washington, D.C.: the Government Printing Office, and the Washington Navy Yard. Individuals living or working near these areas should be checked regularly for signs of asbestos cancer such as mesothelioma in order to file any lawsuits within the district’s statute of limitations – something that should be discussed with a Washington, D.C. mesothelioma lawyer as soon as possible. While these sites may have been inspected and cleaned up, anyone who worked or lived in these areas before asbestos contamination was reported can still be affected. Also, it is important to keep in mind that these are only known asbestos sites. Other areas in D.C. may also contain asbestos but may not yet have been reported as such.

Since the U.S. Supreme Court is located in Washington, D.C., there have been a number of key Washington, D.C. mesothelioma lawsuits filed and decided in the Washington, D.C., court system. One of these cases was Norfolk & Western Railway Company v. Freeman Ayers, et al in 2002. In this case, emotional distress damages based on fear of contracting disease was called on to be eliminated, since the plaintiffs in this case had successfully sued the company primarily on the grounds that they feared they might get cancer as a result of their asbestos exposure. The defense claimed that the asbestosis which the plaintiffs suffered was mild and required only minimal medical treatment, which seemed to make the million-dollar verdicts in the case unjust. Representatives for the plaintiffs asserted that when the asbestos settlement was determined, the lower court had taken mental suffering as well as the physical effects of the asbestos‘s into consideration. The plaintiffs were ultimately rewarded a reduced award.

Another key Washington, D.C. mesothelioma lawsuits submitted before the Supreme Court was that of Ortiz v. Fibreboard Corp., which involved victims exposed to Fibreboard Corporation’s products. The U.S. Supreme Court ruled that the class action settlement violated Rule 23 of the Federal Rules of Civil Procedure. The Supreme Court also questioned the fairness of the settlement since it would have allowed Fibreboard to settle all asbestos claims, current and future, with only $500,000 of its own money. The court noted that this would allow the corporation to retain virtually all its net worth at the expense of the victims.

Another asbestoss related court case that included Washington, D.C. mesothelioma attorneys, which received a lot of media attention was Amchem Products v. Windsor. In this case, the U.S. Supreme Court upheld the decision of the Third Circuit Court of Appeals. The appeals court had overturned a nationwide class action settlement of future claims of asbestos-related injury, citing Rule 23 of the Federal Rules of Civil Procedure and stating that the class members were not adequately represented.

Those interested in seeking a Washington, D.C. mesothelioma settlement should know that the statute of limitations for personal injury law in Washington, D.C., is ten years, with a discovery rule that states that this amount of time begins when the problem (in this case, the mesothelioma) either was discovered or should have been discovered, and that they should consult with a Washington DC mesothelioma lawyer as soon as possible after they receive a diagnosis. A specific law governing asbestos states that lawsuits concerning injury or death from exposure to asbestos should be launched within one year of the discovery that the injury was caused by asbestos exposure. Statute of limitations on wrongful death cases is also one year in Washington, D.C.

OSHA Charges Meridian Textile over Asbestos Health Hazards

(February 7, 2011)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) allegedly fined a Meridian textile company for violating eighteen serious safety and health regulations , including asbestos health risks.

OSHA, a federal agency focused on preventing work-related injuries, illnesses and fatalities, charged Roytex, a privately owned Menswear company, with serious offenses regarding safety and health hazards amounting to $33,740 and $12,600, respectively. The hazards include concerns over standard safety measures in the facility such as failure to provide fixed stairs and railings, back-up alarm for a powered industrial truck and machine guarding at pinch points between the belt and pulley on the conveyor. The company also failed to block the wheels of trailers being loaded and unloaded and several other electrical deficiencies. In addition, the textile company also failed to treat and label insulation-containing asbestos, as well as monitoring of asbestos exposure to employees.

Asbestos is a naturally occurring substance that became increasingly popular among manufacturing and construction companies because of its useful properties such as sound absorption, average tensile strength and resistance to heat, electricity and chemical damages. However, researchers said that long term exposure to these carcinogens may eventually result in various significant health problems such as asbestosis, asbestos cancer and mesothelioma. mesothelioma is a rare form of cancer that affects the protective linings that cover several internal organs, including lungs, heart and abdomen.

Meanwhile, Clyde Payne, OSHA’s area director in Jackson, Mississippi, said they will not tolerate companies endangering the safety and health of their workers as a means to reduce business expenses. In a written statement, the federal agency gave the textile company fifteen business days from receipt of the citations and proposed penalties to comply with the request or contest the findings before the independent OSHA Review Commission.

Photodynamic Therapy May Improve Mesothelioma Prognosis

(February 7, 2011)

Researchers said that photodynamic therapy may help improve the prognosis of mesothelioma cancer in conjunction with other types of treatment. Scientists are currently working on expanding this form of treatment seeking ways to improve mesothelioma prognosis and its efficiency in treating larger tumors. Malignant mesothelioma is a rare form of cancer that affects the protective lining that covers several internal organs, including lungs, heart and abdomen. It is commonly caused by prolonged exposure to a naturally occurring substance known as asbestos. Asbestos became increasingly popular among manufacturers and builders because of its flame-retardant and insulation properties.

Photodynamic therapy (PDT) is a feasible medical technology tested in the 1980s at several institutions throughout the world. Primarily, it is used to destroy premalignant and early-stage cancer and reduce the size of tumors in end-stage cancers. With the help of an endoscope and fiber optic catheters, it will utilize the insertion of a chemical agent and focused beam of light to create a toxic reaction in cancerous cells.

Once these cells come in contact with the light, a particular reactive form of oxygen is produced and distributed to neighboring cells, gradually causing the blood vessels present in tumors to be damaged and preventing them from taking in nutrients that are essential for their growth. Researchers said that due to their nature, cancer cells absorb and retain photodynamic drugs longer than normal healthy cells. However, this form of mesothelioma treatment is not practical for patients with an advanced case of mesothelioma where the disease has spread throughout the body. Researchers said that using this treatment involves minimal side effects for healthy tissues and cells surrounding the tumors. Because of adverse reactions associated with the therapy, there can be some irritable side effects like burning or scarring of nearby healthy tissues.

As a result, extensive research is underway to determine optimal combinations of photosensitizers, light sources and treatment parameters for a wide variety of different cancers. While this therapy is still in its infancy, mesothelioma patients can expect to see this form of treatment as an effective way to reduce cancerous cells.

Thornhill Renovation Delayed due to Asbestos

(February 14, 2011)

Reports said that a $6 million renovation at the Thornhill Community Center and Library has been delayed due to asbestos scare.

The major reconstruction of the facility, which was established in the year 1974 and has evolved into a complete recreational venue, was still being delayed due to an extensive asbestos abatement in the upper library, arena, community hall and main entrances. The community center’s renovation began in April last year and was scheduled for completion in December. However, Ontario officials questioned possible impact of asbestos found in the center. Despite negative results in the air sample taken from the center, Glen Taylor, Thornhill’s senior manager of infrastructure and special projects, claimed that a substantial amount of asbestos must still be anticipated. Asbestos is a naturally occurring substance that became increasingly popular during the 19th and 20th centuries among manufacturing and construction companies because of its desirable physical properties such as sound absorption, average tensile strength and resistance to heat, electricity and chemical damages.

It is believed that infrastructures built in the mid-20th century were mostly constructed with asbestos-containing materials such as fire retardant coating, concrete, bricks, fireplace cement, insulations, fireproof drywall, flooring, roofing and other drywall joint compound. Researchers said that when these contaminated materials are disturbed or destroyed by renovation or demolition, asbestos fibers will then be released, become airborne and fester in the lungs for decades, thus causing major health problems like asbestosis, lung cancer and malignant mesothelioma.

Mesothelioma is a rare form of cancer that affects the protective lining that covers the lungs, heart and abdomen. This aggressive cancer is incurable. While there were several treatments available to help suppress the growth of mesothelioma cancer cells, scientists cautioned that victims rarely live longer than eighteen months after diagnosis. Given these underlying factors, Ontario officials moved the renovation schedule to give way for asbestos abatement that will ensure there will be no asbestos exposure for people living near the Thornhill facility.

2/23/11, “Mesothelioma Lawyer Florida”

During NASA’s halcyon days, when anything seemed possible and the launching of a spacecraft was an event watched on TV by millions, southern Florida was at the center of it all.

The launch of a spacecraft by means of a chemically-fueled rocket and the stress of re-entry entail dealing with an incredible amount of heat. As a result, asbestos was likely to have been used at some point.

According to several of NASA’s own technical reports, asbestos was used in many applications: asbestos blocks were used as soldering bases, and asbestos composites were part of pressurized vessels used to contain the gases and fluids that propel the rocket.

Between 1979 and 1999, Brevard County, where Cape Canaveral is located, reported 87 asbestos-related deaths, roughly two-thirds of which were attributed to mesothelioma. Interestingly, when population differences are taken into consideration, Brevard County had approximately half as many asbestos related deaths on a per-capita basis as Broward County, which led the state with nearly 300 asbestos deaths during the same period. The ratio of mesothelioma to asbestosis deaths remained about the same, however.

Over 40 locations in Florida have been identified as ones at which workers were exposed to asbestos fiber. These locations are located primarily in the more heavily populated southern region of the state. Many of these were power stations; asbestos insulation was commonly used in power generating facilities across the nation, whether these were coal/oil/gas-fired, nuclear or hydroelectric.

Of course, Florida has a strong maritime heritage, and shipbuilding and marine repair facilities are common along the shorelines, as well as U.S. Navy bases. Sea-going vessels have been a primary source of asbestos exposure due to the amount of this substance used in their construction.

Other places where Floridians have been exposed to asbestos fibers include chemical companies and public buildings; among the latter are Miami Hotel, Miami-Mercy Hospital and Jacksonville Grammar School as well as the Eustis Housing Project.

U.S. Sugar was one Florida company at which workers were exposed to asbestos fibers. Malignant mesothelioma, a rare form of asbestos cancer, appears to be an occupational hazard for sugar plant workers around the world; an Italian report from 1995 indicated an unusual number of mesothelioma among such workers in that county.

The American Management Resources Corporation, which has conducted asbestos surveys and abatement-related services for numerous structures around Florida, recently had consultants involved in the decommissioning of the company’s Bryant facility and the renovation of the sugar plant located in Clewiston. AMRC also performed air quality monitoring in both projects.

Florida’s Asbestos Reform Law appears to be a sincere effort to restrict Florida mesothelioma lawsuits to those who are actually suffering from asbestos disease, rather than those who have been exposed to asbestos but have yet to exhibit any symptoms.

Currently, this law is being appealed. In an amicus curiae brief filed in September 2007 by a number of business organizations, it was stated “up to ninety percent of recent asbestos plaintiffs have no physical impairment…[and] have been generated through unreliable mass screenings.” This brief also points out that while the Asbestos Reform Law gives priority to cases involving asbestos claimants with actual symptoms, it does not bar those exposed to asbestos from filing a claim at a later date should they develop an asbestos-related disease at a later date.

Over the course of the last century, hundreds of thousands of workers were exposed to asbestos while on the job – and for the most part, they were not warned.

The diagnosis and treatment of asbestos cancer such as mesothelioma and other diseases is gradually becoming a sub-specialty in the field of medicine all its own. However, as of the present time, there is no medical degree that is specific to asbestos -related practice. Most doctors focusing on asbestos disease today are trained in oncology, thoracic surgery, respiratory or occupational medicine, or some related field.

Florida is a state that has a large percentage of residents suffering from asbestos -related disease, including malignant mesothelioma. This high proportion is attributed to the fact that the state is filled with so many retirees. These people worked during a time when asbestos exposure was common and the dangers weren’t understood. Today, years later, the effects are finally beginning to be seen in the victims of the exposure. Florida’s response to these victims has been favorable, allowing for damages to be awarded based on discovery of the disease, not exposure to the asbestos.

Florida was one of the first states to begin awarding sizable Florida mesothelioma settlements to victims in cases brought on their behalf by Florida mesothelioma lawyers. Even as far back as 1981, plaintiffs in asbestos-related court cases in Florida were being awarded in excess of $1 million. For example, a Jacksonville case that year awarded $1.85 million to Edward Janssens, a Navy boiler room technician who developed asbestosis following exposure to asbestos onboard ships. While this doesn’t speak directly to mesothelioma, it bodes well for its victims. Sixteen years later, in 1997, the Florida courts awarded an impressive $31 million to Deward Ballard in the case against Owens-Corning Fiberglas Co filed on his behalf by his Florida mesothelioma lawsuits.

Due to the large awards against Owens-Corning in this case and others that came into the Florida courts at the same time, Owens-Corning filed for bankruptcy. It was not the only company to do so. In fact, 74 other companies filed for bankruptcy protection because of asbestos claims, including a major corporate defender, W.R. Grace & Co. This freed some of the companies from having to pay their claims. However, the Florida courts did make some rulings that required companies to pay claims even after filing bankruptcy. For example, in 2003 the Florida Bankruptcy Court ruled that Celotex asbestos settlement Trust would have to pay the state of New York for over 400 asbestos-related claims that had been filed back in 1990; this was despite the fact that the company had successfully filed for bankruptcy. While this is not a case of an individual recovering claims from a bankrupt Florida company, it is seen as a positive sign for mesothelioma victims in the state.

It is not uncommon for an individual to file a Florida mesothelioma lawsuit as they regularly result in awards to the victims. For example, in a 2004 case filed by a Florida mesothelioma attorney on behalf of the wife of a man who was diagnosed with mesothelioma in 2001, and who died in 2003, was awarded over $1 million. Other mesothelioma -specific examples include Zimmerman v. AC & S, Inc., which returned $2 million in 2000; Dennis Kavanaugh and Ingeborg Kavanaugh, his wife v. Union Carbide Corporation, which returned over $1 million in 2003; and McKenna v. Owens Corning Fiberglass Corp, which returned $5 million in 1997. A 1989 case (Oakes v. Pittsburgh Corning Corp.) assured that these awards would be made in full, after a higher court determined that a Florida trial court was incorrect in awarding less than the amount stated by the jury.

Those interested in seeking a Florida mesothelioma settlement or hiring Florida mesothelioma attorneys should know that the statute of limitations for personal injury law in Florida is four years with a discovery rule that states that this amount of time begins when the problem (in this case the mesothelioma) either was discovered or should have been discovered. Wrongful death cases are limited to a two-year statute of limitations and follow the same discovery rule. There is no specific statute about asbestos. However, under Florida law, the “delayed discovery doctrine” generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the event that is the cause of action. So if one is exposed to asbestos unknowingly, the statute of limitation begins when the victim learns of the asbestos exposure, not the time of the exposure itself. Furthermore, in the 1983 case Vilardebo v. Keene Corp., the courts ruled that, under the Florida Constitution, it would violate an asbestos victim’s right of access to the courts if the statute of limitations was used to prohibit the victim from filing suit because the plaintiff was last exposed to asbestos decades before he was diagnosed with an asbestos -related disease.

It is important to note that under Florida law, mesothelioma victims or their Florida mesothelioma lawyer working on their behalf can bring a mesothelioma lawsuit even if they have already brought suit for asbestosis. The state court recognizes that latent diseases such as asbestosis and asbestos cancer are separate and distinct, and has ruled that victims have the right to recover their damages for both, even if the cancer develops long after the discovery of the earlier condition.

Finally, it should be noted that Florida courts are backlogged with asbestos-related cases. Part of the reason for this is that many people are filing in the wrong jurisdiction, filing in Florida when the claim occurred in another state with defendants in another state. Eventually these cases get thrown out of court because of the jurisdiction problem, but they take up the court dockets until that ruling is made.