$30 Million Mesothelioma verdict in New Jersey

February 28, 2008

This is possibly one of the largest asbestos verdicts in New Jersey.

The disease killed 50-year-old Mark Buttitta in 2002, although he had only handled auto parts containing asbestos while working summers at giant GM warehouses in New Jersey, Maimon said.

However, Buttitta’s father worked there, and his brother also spent summers at the warehouse, the lawyer said.

The three men wore the same work clothes for several days “bringing home cancer-causing fibers every day from work, unknowingly letting the microscopic fibers fragments waft throughout their home and settle,” said Maimon, who specializes in asbestos cases.

“Worse yet, as a young boy Mark would sit on his dad’s lap _ or next to him on the sofa _ every night to watch TV, and was innocently exposed to asbestos,” he said.

The six-person Bergen County jury on Tuesday found against Asbestos Corp. Ltd. of Canada, which provided material for GM brakes, and BorgWarner Inc. of Michigan, which made clutches.

Source:  Newsday.com

No Comments » | Asbestos, Court, lawsuits, verdict | Tagged: , , | Permalink
Posted by Dave Austin

WR GRace given more time.

February 26, 2008

Lawyers with W.R. Grace are getting more time to file an appeal to the United States Supreme Court, as well as to perhaps settle pre-trial issues in the government’s criminal case dealing with Libby asbestos.

If the high court accepts the case, then it would make a final ruling on whether the government can use certain evidence at trial.

Source:  Montana’s News Station

No Comments » | Asbestos, Bankruptcy, Court | Tagged: , | Permalink
Posted by Dave Austin

Asbestos Claims and Fraudlent Claims

February 23, 2008

Interesting abstract here on the difference between deterrence and compensation as it applies to possibly fraudulent claims.

Deterrence and compensation goals should be distinguished, and compensation priorities should change in response to the deterrence goal. This has immediate implications for the problem of handling marginal and fraudulent claims in asbestos litigation. Where the deterrence goals come to the forefront, for example in instances of reckless exposure, it may be desirable for courts to require defendants to pay damages that are not transferred to any claimants. Where the deterrence goals are less compelling, as in instances of ordinary negligence, the importance of weeding out marginal and fraudulent claims becomes paramount. I consider optimal penalties for attorneys who bundle fraudulent claims.

Social Science Research Network

No Comments » | Court, lawsuits | Permalink
Posted by Dave Austin

Travelers $500 Million asbestos settlement overturned.

February 21, 2008

Travelers Cos. Inc. announced Tuesday that the 2nd U.S. Court of Appeals has overturned a bankruptcy court’s approval of a $500 million asbestos-related insurance settlement. The decision, made late Friday, would reverse a $500 million settlement in March 2006 of certain insurance claims arising from a suit by Denver-based Johns-Manville Corp. The case has been remanded to the U.S. District Court for the Southern District of New York for reconsideration. In its decision, the New York-based federal appeals court said the bankruptcy court that approved the settlement had no legal jurisdiction to do so.

Travelers, Manville’s longtime primary insurer, agreed in 2004 to settle three groups of “direct action” lawsuits filed against it by claimants allegedly injured by products made by Manville. The plaintiffs argued that Travelers violated state and common law in handling the claims and did not disclose what it knew of the asbestos hazards.

No Comments » | Asbestos, Bankruptcy, Court, lawsuits | Tagged: , , | Permalink
Posted by Dave Austin

Lung Function Studies in Asbestos Workers

February 19, 2008

An Abstract:

Standard tests of pulmonary function were carried out in 6o subjects exposed to asbestos dust for a prolonged period. The results of these tests have been correlated with the clinical and radiographic findings.

In 10 patients, while the chest radiograph was compatible with asbestosis, the dominant functional pattern was characteristic of airways obstruction. These subjects did not admit to symptoms of cough and sputum of greater severity or to heavier smoking than was found in other subjects with a restrictive ventilatory defect and no airways obstruction. Possible explanations for airways obstruction occurring in patients with radiographic evidence of asbestosis are suggested.

Source:  ScienceDirect.com

No Comments » | Asbestos, Mesothelioma, Treatment | Tagged: , | Permalink
Posted by Dave Austin

Asbestos related deaths in Japan

February 17, 2008

An excerpt from an article in Japan concerning a lawsuit filed over lung cancer and asbestos exposure.

The wife and two daughters of a man who died from a type of lung cancer after retiring from an asbestos-related job filed a suit on Thursday against his former employer, Nippon Express Co., and the company where he was dispatched, Nichias Corp., demanding 47 million yen in compensation.

According to the lawsuit filed with the Osaka District Court, Tadashi Yoshizaki, who died at 67 in 2005, worked at the Oji factory of Nichias Corp., a building materials manufacturer, as an employee of Tokyo-based transport firm Nippon Express for two years and two months from July 1969.

He then worked at the factory’s warehouse, shipping asbestos.

Source:  Daily Yomiuri Online

No Comments » | Asbestos, Lung Cancer | Tagged: , , | Permalink
Posted by Dave Austin

Medical providers propose an Asbestos ban in Washington

February 15, 2008

Found this blog post over at Seattlepi.com. I’m posting all of it so you can decide whether to sign the petition or not.

Physicians, nurses, industrial hygienists, clinical scientists and others who deal with the victims of asbestos exposure are signing a petition to the House of Representatives asking members to pass an asbestos ban that will outlaw the importation and use of asbestos-containing products.Some of those pushing the petition are the same public health leaders who testified for Sen. Patty Murray in her six-year-long effort to pass a ban. And while most say they respect the Washington State democrat and admire her efforts, the bill, SB742, doesn’t do the job.

The Nov. 5 P-I story explained how lobbyists demanded that Murray’s language � which would have ordered a complete ban on asbestos like most other countries have, was watered down to get it passed.
The Senate version would not have outlawed asbestos from vermiculite, talc, taconite and other sources of contamination. But of greater concern to many of Murray’s former witnesses are that products containing up to 1 percent asbestos are exempt from prohibition, says Dr, Michael Harbut, who is co-director, National Center for Vermiculite and Asbestos-Related Cancers at the Karmanos Cancer Institute.

“What the Senate passed would even allow asbestos fibers to be present in everything from road patch to stuffed teddy bears,” Harbut said. “How is that protecting the public health?” asked Harbut, who is chief, Center for Occupational and Environmental Medicine at Wayne State University

The House expected to hold hearing on “a more inclusive” ban in early spring, committee staffers say.

No Comments » | Asbestos, legislation | Tagged: , | Permalink
Posted by Dave Austin

Lung Cancer Lawsuit filed in West Virginia

February 15, 2008

This is an excerpt from an article in West Virgina.  Mesothelioma is not the only disease connected with asbestos.  In this case the plaintiff is alleging that his lung cancer was caused by his lifelong exposure to asbestos.

CHARLESTON - A Boone County man has filed an asbestos lawsuit against 46 companies, claiming they in some way caused his lung cancer and deterioration of life.

James Paul Downs filed a suit Jan. 16 in Kanawha Circuit Court against the companies, which include Ashland Oil, Inc and DuPont, which are two that directly employed Downs.

Attorney Cindy Kilblinger is representing Downs, who filed the case with his wife, Ruth M. Downs.

According to the suit, James Downs was exposed to asbestos and other harmful dusts while working. He claims the companies in the suit manufactured, supplied, sold, distributed, used or installed the asbestos-contained products.

While handling the products, Downs claims he breathed asbestos and other harmful dusts, which caused his lung cancer.

Downs claims that along with lung cancer, he suffered great pain of body and mind, suffering, distress, fear, embarrassment, inconvenience, economic loss, including medical and pharmaceutical bills, and loss of quality of enjoyment of his life.

Ruth Downs claims she has suffered the loss of general services, companionship and society of her husband.

In the 12-count suit, James and Ruth Downs seek compensatory and punitive damages.

Source: West Virginia Record

No Comments » | Court, Lung Cancer, lawsuits | Tagged: , , , | Permalink
Posted by Dave Austin

Mesothelioma Deaths in Canada are spiking too.

February 14, 2008

Is it too late to call this a worldwide epidemic? No. Numbers are spiking all over. This is due to the large amount of exposure over the years and the long latency period for mesothelioma. As I previously mentioned, many countries are seeing these spikes.

Now add Canada to that list.

About 300 construction workers in B.C. will die of asbestos-related diseases each year for the next five years, according to a survey by the B.C. and Yukon Building and Construction Trades Council.

The survey, which among other things concluded that workers in the province’s insulation industry have had heavy exposure to the deadly asbestos fibres, is supported by a Canadian physician involved in mesothelioma research and a professor in the University of B.C.’s school of environmental health.

WorkSafeBC also said Monday that although their claim numbers aren’t as high as those in the survey, asbestos-related deaths are spiking and now represent most of the deaths in B.C. from occupational disease.

Source: www.canada.com

No Comments » | Asbestos, Mesothelioma | Tagged: , , | Permalink
Posted by Dave Austin

Victim’s Family funds Mesothelioma research

February 12, 2008

From Austrailia, this news story of a family taking a portion of the settlement they received and putting it to so good use.

The family of a man who died four months after winning a record $2.75 million payout from asbestos manufacturer James Hardie, has commemorated his death with a gift.Tim Lacone died last June aged 58 after a battle with the asbestos-related disease, mesothelioma.

His family has now donated $200,000 to a research fund established by his law firm, Slater & Gordon.

Source:  Sydney Morning Herald

No Comments » | Mesothelioma, Treatment | Tagged: , , | Permalink
Posted by Dave Austin

« Previous Entries