Mesothelioma Lawsuit Filed Against NBC and Other Major Companies

January 27, 2010

According to recent reports, Merlin Olsen, who once played for the Los Angeles Rams, and worked as a sportscaster and actor on NBC, recently filed a mesothelioma lawsuits against his former employers. After being diagnosed with mesothelioma, a cancer caused by exposure to asbestos, he decided to take action for the wrongful exposure he believes victimized him.

The lawsuit, which was filed on December 31, 2009 in Los Angeles County Superior Court, claims that throughout his life and career he was exposed to the hazardous substance known as asbestos. The lawsuit names NBC, NBC Universal, and 20th Century Fox Corporation as defendants in the asbestos-related lawsuit. Olsen states that it was during his time employed with these companies that he was exposed to asbestos, which caused the fatal illness he has been diagnosed with.

Asbestos Claims

In the lawsuit Olsen claims that each of the defendants played a crucial role in his mesothelioma diagnosis. The suit that, “the defendants were engaged in the business of manufacturing, fabricating, designing, assembling, distributing, leasing, buying, selling, inspecting, marketing, and advertising a certain substance, the generic name of which is asbestos.”

For decades asbestos has been used in the construction and manufacturing of certain industries. However, in recent years its use has been minimized due to research linking it to mesothelioma and other fatal illnesses and harmful health conditions. No cure has been found for mesothelioma, though treatments are available to help ease the symptoms associated with the disease.

Olsen is now undergoing chemotherapy for his mesothelioma and has filed the lawsuit with his wife for an unspecified amount.


What Types of Cancer Are Linked to Asbestos?

January 9, 2010

Asbestos is a natural material that has been long known for its durability and resistance to heat and chemicals. If damaged or disturbed, asbestos fibers can become airborne and become hazardous to your health. A number of industries in the U.S. use the toxic material in producing tiles, insulation, cement, and roofing, amongst other things.  
 
In recent years the dangers of asbestos have been publicized more. However, despite the known risks associated with asbestos, the toxic substance is still present in many older buildings and is even still handled and serves as a risk in some professions. So what exactly are the dangers associated with asbestos fibers? Many health problems have been linked to the substance and there arer many types of cancer associated with asbestos.  
 
Asbestos Exposure Can Result in Fatal Illness

If asbestos is inhaled or ingested it can result in a variety of fatal illnesses. Among the most well-known are:

Mesothelioma

Mesothelioma is a rare type of cancer that is typically caused by exposure to asbestos fibers. According to research, an estimated 2,000 new cases of mesothelioma arise each year in the country, with more cases affecting those in other parts of the world. Pleural mesothelioma, peritoneal mesothelioma, and pericardial mesothelioma are the three known types of mesothelioma. Those who are exposed, whether through first or secondhand exposure, may not know they are afflicted with the illness for up to twenty-years and there is no found cure for this type of cancer yet.

Lung Cancer

Lung cancer is a type of cancer typically linked to smoking, though exposure to asbestos can also cause this illness. Those who are exposed to asbestos and smoke some form of tobacco are at higher risk of developing lung cancer.

Laryngeal Cancer and Kidney Cancer

Laryngeal cancer is a cancer that affects the larynx, more commonly known as your voice box. Research has shown that asbestos exposure may put you at risk of both laryngeal cancer and kidney cancer.

At any age you can be susceptible to these types of cancer if you are exposed to asbestos fibers, which is why it is important to be aware of the risks associated with hazardous materials.


Settlement in Asbestos Lawsuit Sparks Change at the Smithsonian

December 29, 2009

An outside consultant recently urged improvements be made in the way that the Smithsonian Institution handles the asbestos problems in their buildings. The call for immediate change requests that the procedures, training, and inspections with the carcinogen be updated and improved throughout the museum.

The head Secretary of the Smithsonian, G. Wayne Clough, reportedly ordered an asbestos study be conducted earlier this year after The Washington Post ran a story regarding a former museum employee becoming sick after decades of work at the Smithsonian. The article, which was released last March, reported that a former exhibit specialist, Richard Pullman, 54, who spent his career working on walls containing asbestos, had developed asbestosis after 28 years of working at the National Air and Space Museum.

Asbestos Settlement Awards Plaintiff

According to reports from the Department of Labor Under Freedom of Information Act, the asbestos settlement with the institution awarded Pullman $233,000.

Pullman claims he frequently sawed and drilled into the interior walls of the museum to install and update the ever changing exhibits that came and went over 25 years. It wasn’t until 2008, that Pullman claims he and his coworkers were informed for the first time that the walls were infested with asbestos. It was due to the exposure he unknowingly experienced for decades that Pullman developed asbestosis. Asbestosis is a type of cancer associated with asbestos.

Lawsuit Sparks Need for Change

Clough, who is a civil engineer by training, e-mailed all Smithsonian employees this week to inform them that their engineering consultant URS, has called for “a number of improvements,” in the way the museum handles asbestos.

The updated report, which was given to The Post by the Smithsonian, said that the institution was negligent and failed to use the most reliable method of asbestos testing to ensure the safety of the employees. However, they noted that in light of the recent settlement and study findings of asbestos still being recognized in the walls, they are taking every precaution to provide a safe environment for all.


Former Laborer Awarded $10.2M in Mesothelioma Lawsuit

December 15, 2009

An asbestos-related lawsuit was recently filed against several companies by a former electrician who claimed he developed mesothelioma due to asbestos exposure. Among the defendants that were named in the mesothelioma lawsuit were Scapa Dryer Fabrics, Inc. and AstenJohnson. The plaintiffs in the suit, Henry and Geraldine Barabin, were awarded $10.2 million.

 According to the lawsuit the defendants used asbestos in their products and exposed their employees to the toxic substance. Henry Barabin was employed with the companies named as defendants from 1964 to 2001. His first job required him to work at the Texaco Refinery in Port Arthur, Texas for four years. After that he reportedly worked at the Crown Zellerbach paper mill in Camas, Washington.

 Lawsuit Blames Illness on Asbestos Exposure

Barabin claims he was exposed to asbestos fibers that were released from asbestos-containing dryer fabrics and cleanup operations. While employed with the companies he was required to out the paper machine’s dryer fabrics while performing maintenance duties and during shutdown periods.

Barabin’s alleged in the asbestos lawsuit that the dryer fabrics were not designed right and didn’t include warnings about the potential of asbestos exposure or the risks involved in handing products containing the substance. As a result of his exposure to asbestos fibers, Mr. Barabin received a mesothelioma diagnoses three years ago.

Mesothelioma is a particularly harmful disease since researchers have not yet found a cure for the deadly illness. After receiving a mesothelioma diagnosis, most patients enter clinical trials to help fight off the rare cancer. However, the average prognosis for mesothelioma is only between four and 18 months.

The Barabins received $8 million in the lawsuit for non-economic damages for their pain and suffering. In addition, Mrs. Barabin received another $1.5 million for the potential loss she may endure any day. The couple was awarded $700,000 for their medical expenses, lost income and any household services they have needed and will need in the future.


Deaths from Asbestos Exposure on the Rise in Canada

November 17, 2009

 According to recent reports, asbestos exposure kills more workers in Quebec than any other cause. This year alone 61 out of 104 workers who have died due to work-related causes in Quebec province have lost their lives to asbestos-related illnesses.

The worker’s compensation board of Canada also reports that deaths from asbestos exposure, mainly due to the development of mesothelioma, have increased in this portion of the country by 67% over the last 15 years. All of this news is quite alarming and unsettling seeing as much like America, Canada made it illegal to be using asbestos in building materials decades ago. 

Quebec reportedly has a “zero tolerance” policy in terms of asbestos exposure. This policy was put in place years ago when it was discovered that asbestos is linked to several lung-related illnesses and cancers. However, the French-province of Quebec and Canada as a whole have recently been criticized when it was found that they export 175,000 metric tons a year of chrysotile, which is a form of asbestos. This cancerous substance is reportedly exported to poor countries and Quebec has become known for having the country’s only existing asbestos mine.

Ban on Asbestos Put in Question

As in the United States, asbestos was banned in Canada during the late 1970s, but it can still be found in old buildings and homes. Asbestos exposure is known to cause the rare form of cancer known as mesothelioma, as well as other diseases. Second-hand exposure has also proven to be harmful. This mean employees who work with and around asbestos can bring asbestos fibers home on their clothing or in their hair, and unknowingly expose family members.

No cure has been found for mesothelioma or many of the other health related issues that can come from asbestos exposure, but taking preventative steps and knowledge about the risks can help assure you that exposure will be avoided.


Asbestos Lawsuit Names 38 Companies for Negligence

November 13, 2009

A man from Texas recently filed an asbestos lawsuit against 38 defendant corporations, alleging that his illness from asbestos exposure was wrongfully caused. 

The plaintiff, Cleveland J. Savoy was employed as a carpenter, where he claims he was exposed to products that contained asbestos.

Carpenter Claims Wrongful Exposure

Savoy claims the defendants named in the asbestos lawsuit failed to test the products with the toxic substance before they were introduced into the stream of commerce.

He states that the defendant companies were negligent by failing to warn people of the dangers of the products which he was using on a daily basis.

He also states the companies continued to manufacture these products even after they became aware of the risks and dangers associated with asbestos.

 38 Companies Named as Defendants

Some of the defendants named in the lawsuit are A.O. Smith Corp., A.W. Chesterton Co., American Optical, Ametek, Babcock Borsig Power, and Bayer Cropscience.

Savoy also claims in the asbestos lawsuit that due to his trust and reliance on the companies, he has suffered great physical pain and mental anguish. He says he has also lost wages, sustained disfigurement and physical impairment, and has incurred medical costs.

Exposure to asbestos has been known to cause mesothelioma, lung cancer, and other health complications that can be life-altering.

 


Mesothelioma Lawsuit Filed Against Du Pont for Asbestos Exposure

November 10, 2009

A man from Tennessee recently filed a mesothelioma lawsuit against Du Pont along with 20 other companies for the death of his mother. The man believes that his mother’s sudden death from mesothelioma was due to secondhand asbestos exposure. The man’s father was reportedly employed at Du Pont and the plaintiff believes it was due to the asbestos fibers carried home on his clothing

Roger Neely claims in the asbestos-related lawsuit that his mother, Ruby, died from mesothelioma earlier this year due to his father’s exposure to asbestos while at work. Neely states that Du Pont, and the other companies named in the suit, failed to warn her father about the danger of working with and around asbestos and as a result the asbestos was brought home on his clothing without his knowledge of any risks.

Asbestos Lawsuit Claims Secondhand Exposure

The plaintiff’s father, Lively Neely, was reportedly employed at the DuPont Plant in Old Hickory, Tennessee for nearly 20 years. During his career at the plant, Neely was reportedly unknowingly exposed to asbestos. When he returned from work Ruby supposedly handled his clothing, which is how the secondhand exposure occurred. 

The lawsuit claims that DuPont and the contractors that worked w the plant knew about the risks linked to asbestos but failed to warn their workers or give them protection to prevent asbestos exposure.

Lively Neely’s life also taken by an asbestos-related illness in 1980.


$20M Award Received in Maryland Mesothelioma Lawsuit

November 3, 2009

A woman who reportedly developed mesothelioma due to washing her grandfather’s clothing when she was growing up has been awarded $20 million. As a result of washing her grandfather’s clothing, which was infested with asbestos since he was an insulation worker, the woman developed mesothelioma.

The mesothelioma lawsuit was filed by Jocelyn Farrar, 57, who works as a nursing professor at University of Maryland. Farrar claimed in the lawsuit that she developed mesothelioma, which is a fatal form of cancer due to second-hand asbestos exposure. Her grandfather reportedly carried the asbestos fibers home on his clothing that she washed each day.

Plaintiff’s Grandfather Victim of Workplace Exposure

John Hentgen, Farrar’s grandfather, worked with asbestos-laden insulation from Georgia Pacific Corp. during the late 60s. More than 40 years later, Farrar was diagnosed with mesothelioma and argued that the insulation manufacturer was responsible for her unexpected illness. As a result of her mesothelioma part of her lung had to be removed.

Just last week, a Baltimore City Circuit Court jury awarded Farrar $20,272,000, citing that Georgia Pacific was responsible for cancer. The award includes $18.5 million for non-economic damages, $1.6 million for lost wages and earning capacity, $97,000 for past medical expenses, and $75,000 for future medical costs she will be forced to pay for treatments.


NY Warehouse Owner Fined for Illegal Asbestos Removal

October 30, 2009

Recent reports claim a warehouse owner is going to be slapped with several penalties after he allowed asbestos to be illegally removed from his business. The owner is reportedly in violation of New York state regulations.
 
The owner of Fort Knox Self Storage, located in Middletown, New York, West Solloway, claims he found material containing asbestos in the building in June. It was the property owner’s responsibility to have the asbestos properly removed. Solloway says he filed several complaints about the asbestos discovery to the city and state. He also says he informed the city and state about the improper asbestos removal, noticing workers were not were not wearing protection, which is the legal way to remove the toxic substance, while they were working on the building.
 
The warehouse is also used to house a program run by the Family Empowerment Council. The organization reportedly provides services to those who are living with disabilities and their families.
 
Ilegal Asbestos Removal Revealed

Earlier this month a city building inspector supposedly saw workers about to leave the warehouse in a van containing bags of asbestos-containing materials. The inspector immediately shut down the project and sealed off the entire area.

Under New York state law, asbestos removal is only to be done by state-certified contractors. They are to use certified workers, proper procedures and proper safety equipment. Contractors are also obligated to give the state at least 10 days notice of any work being done involving asbestos, and must have a valid permit to work with and handle the substance.

The property owner is going to be cited for failing to use a certified contractor for the removal of the asbestos, for involving workers not qualified to work with and around asbestos, and for doing the entire job improperly and illegally.


NY Jury Awards $2.25M in Mesothelioma Case

October 28, 2009

According to recent reports, a New York jury recently awarded $2.25 million to the family of a man who passed away from mesothelioma. Mesothelioma is a rare cancer caused by exposure to asbestos and the man’s family believes it was the fault of his former employer’s that he passed away so suddenly.

The Erie County Court jury reportedly ruled that Fisher Controls International was partly to blame for the man’s illness and premature death. The man, Ronald Drabczyk, was formerly employed at Hooker Chemical in Buffalo, New York. During his career he worked repairing control valves. Valves that reportedly contained the toxic substance asbestos and were manufactured by Fisher.

Family of Deceased Man Compensated for Loss

The mesothelioma lawsuit resulted included an award of $1.5 million in compensatory damages for the Drabczck’s family. It also includes an additional $750,000 in punitive damages, an award that was issued after the jury discovered Fisher’s failed to warn any of their workers about the risks associated with asbestos exposure.

Even though the jury only found Fisher was five percent responsible for Drabczyk’s asbestos exposure, the reckless endangerment discovery that was later made by the jury makes Fisher 100% responsible under the New York state law.

Drabczck reportedly overhauled Fisher-manufactured control valves at the Hooker Chemical plant in New York for over a decade. He passed away from mesothelioma on November 29, 2005.