الثلاثاء، 31 يوليو 2018
Delaware High Court Tackles Liability in Take-Home Asbestos Cases
We posted a blog about the recent Arizona Supreme Court ruling that in that state, an employer is not liable for this kind of harm to household members. As we noted, it varies among the states whether employers have the duty to warn employees of this kind of risk to prevent disease and death at home.
Delaware Changes Course
The June 27, 2018, Delaware Supreme Court decision in Ramsey v. Georgia Southern University Advanced Development Center considered the secondary-exposure case of a wife who had laundered her husband's asbestos-laden work clothing for years. He had used asbestos-containing products in the manufacture of pipe fittings and pipes. The wife developed and died from lung cancer decades later (a common incubation period).
Manufacturer Liability
The high court said that the manufacturer of a product containing asbestos (or other toxic substance) has the legal duty to warn parties to whom it sells the product of risks of harm from secondary exposure when the manufacturer knows the buyer plans to use it in a "downstream industrial process."
The court decided that the manufacturer does not have the duty to warn buyer's family members directly of the risk of secondary exposure because determining who those people are over time would not be feasible. The manufacturer can reasonably rely on the employer to pass on appropriate laundering warnings or provide laundry services to prevent secondary exposure. If the manufacturer gave adequate warnings to the employer, it will not be liable for at-home harm to worker families.
Employer Liability
Overruling earlier cases, the state Supreme Court held that a spouse like the Ramsey plaintiff "may sue her spouse's employer for its failure to provide warnings and safe laundering instructions." Previously, Delaware courts had said that in a case like this, the employer was not liable because it had engaged in "nonfeasance," but the Supreme Court disagreed, saying that an employer in this situation engaged instead in "misfeasance."
Nonfeasance describes a scenario where a party has no duty to take affirmative action to prevent harm to someone if the party had no part of creating the harm. For example, it would be nonfeasance if a chance passerby did not swim out into a lake to save someone from drowning, where the person had no part in the swimmer being in dangerous waters.
Misfeasance, on the other hand, means the potentially responsible party had a hand in creating the dangerous condition. The court concluded that the employer in this case used a work process that generated asbestos dust, creating misfeasance and the duty to warn of the danger of take-home exposure.
from California Mesothelioma Law Blog https://ift.tt/2Auw2zO
الاثنين، 30 يوليو 2018
الأحد، 29 يوليو 2018
السبت، 28 يوليو 2018
الجمعة، 27 يوليو 2018
الخميس، 26 يوليو 2018
3 Common Mesothelioma Myths: Debunked.
Misinformation can lead to confusion, and confusion to delays. Delays can be catastrophic when it comes to treatment options for deadly diseases like mesothelioma. As a result, it is helpful to take some time to debunk some of the more common myths associated with this disease.
What are some common myths about mesothelioma?
Three of the more common myths surrounding mesothelioma include:
- If you find asbestos, remove it. It is common knowledge that asbestos is dangerous and can lead to serious diseases like mesothelioma. It may seem wise to take prompt action to immediately remove asbestos if it is found in areas like our home or a local school. This is not always the best course of action. Removal of the material can result in exposure to asbestos particles and increased risk of developing mesothelioma. As a result, it is best to have an experienced specialist take care of removal.
- It takes a lot of asbestos to cause mesothelioma. Asbestos is dangerous for many reasons, including the fact that it does not readily break down. Once it is in your lungs, it remains for decades. Although certain factors increase the risk of developing the disease, even a small amount can result in mesothelioma.
- Victims with mesothelioma have clear and obvious symptoms. Unfortunately, mesothelioma symptoms do not become apparent until decades after asbestos exposure. When symptoms do emerge, they can include difficulty breathing, low oxygen levels, pleural effusion or fluid buildup and fatigue.
Like most diseases, an early diagnosis generally allows the victim more treatment options. Debunking these myths can help to better ensure victims receive prompt treatment.
from California Mesothelioma Law Blog https://ift.tt/2Ls21W8
الأربعاء، 25 يوليو 2018
الثلاثاء، 24 يوليو 2018
Oregon Company Fined Over 100 Times for Asbestos Violations
The Oregon Department of Environmental Quality (DEQ) fined Oregon Environmental LLC more than $440,000 for mishandling asbestos-containing building materials. After a year-long investigation, the DEQ revoked the company's license to handle asbestos in any capacity.
Oregon Environmental LLC failed to conduct required air sampling to make sure the air at work sites was safe from asbestos. They also failed to dispose of asbestos properly at an authorized waste disposal site. The company also submitted false or inaccurate documentation to DEQ including the last two asbestos renewal applications and failed to submit the required notifications to the DEQ for at least 110 projects.
In Other States...
Unfortunately, situations like the aforementioned are more common than they should be. In Texas, five construction companies were fined by OSHA for failing to inform workers of the presence of asbestos. In comparison to the $440,000 in fines charged to the company in Oregon, the Texas companies are being fined together a total of $185,150.
In Washington, an asbestos removal company was fined $229,700 for unsafe working conditions. They also willingly broke regulations relating to the handling of removed asbestos to protect the workers employed by the company and the general public.
Why it Matters
Asbestos was used for decades in textile products, automotive parts, home and commercial buildings, naval ships, and more. If asbestos is disturbed, the fibers become airborne resulting in inhalation or ingestion. There is no "safe" level of exposure to asbestos; even minimal levels can cause mesothelioma, asbestosis, lung and other cancers. Construction and asbestos removal companies willingly break regulations that are supposed to protect workers, customers, and their families, are putting them in serious danger of being exposed to asbestos and developing an asbestos-related illness.
from California Mesothelioma Law Blog https://ift.tt/2JRrm6o
الاثنين، 23 يوليو 2018
الأحد، 22 يوليو 2018
السبت، 21 يوليو 2018
الجمعة، 20 يوليو 2018
الخميس، 19 يوليو 2018
A Little Help Here: Asbestos and Mesothelioma
Blog from: HealthLine
Everyone needs a helping hand sometimes. These organizations offer one by providing great resources, information, and support.
Asbestos refers to six types of minerals that are resistant to heat, fire, and several chemicals. Asbestos is often found in automotive, industrial, and building products, and can cause a person to become ill if they're exposed to it.
According to Asbestos Nation, up to 15,000 Americans die each year from preventable asbestos-related diseases. Mesothelioma, a rare cancer caused by asbestos exposure that usually affects the lungs, occurs in about 3,000 new cases per year.
These three organizations are working to help those with mesothelioma and their loved ones access information, treatment options, and other services. Each organization also advocates for the banning of asbestos in the United States.
Asbestos Disease Awareness Organization
Linda Reinstein and her husband, Alan, were living a happy life raising their 10-year-old daughter when Alan was diagnosed with mesothelioma in 2003.
"Like many Americans, [I] had only vaguely heard of asbestos and mesothelioma in late-night TV ads," Linda Reinstein says.
The Reinsteins quickly learned that Alan's disease was preventable.
"We both felt angry, deceived, and fearful. Alan and I only had one option: to turn our anger into action," she says.
Shortly after Alan's diagnosis, Linda and her daughter Emily flew to Washington, D.C. to attend Senator Patty Murray's introduction of the Ban Asbestos in America Act of 2003. Carrying a photo of Alan and Emily sharing a father-daughter dance, they recounted their story. Linda also connected with Doug Larkin, who spoke about his father-in-law's mesothelioma diagnosis.
"He was [also] angry. We spoke the same language, sharing heartache and hope. We knew something had to be done," Linda recalls.
Within a week, the two co-founded the Asbestos Disease Awareness Organization, dedicated to eliminating asbestos-caused diseases and protecting asbestos victims' civil rights through education, advocacy, and community initiatives.
After Alan passed away in 2006, Linda kept on advocating - and making strides. The Alan Reinstein Ban Asbestos Now Act of 2016 was reintroduced in 2017 to the U.S. Senate.
"With eight strong co-sponsors leading the charge to swiftly prohibit this carcinogen, we're closer now to an asbestos ban than we ever have been before!" Reinstein says. "For my beloved Alan and for the hundreds of thousands of other 'Alan's' out there, my work will continue until we can achieve the goal of a global asbestos ban, and also to find a cure as soon as possible."
Mesothelioma + Asbestos Awareness Center
Living with any disease can be difficult, and learning you have a rare condition can be particularly hard. The Mesothelioma + Asbestos Awareness Center (MAAC) was founded to give those living with mesothelioma and their caregivers information and support.
"When you can't find information about something that's become a turning point in your life, it destroys any ounce of hope you have," says Anna Suarez, a communications specialist at MAAC. "The majority of people who were exposed to asbestos did not know they were or, if they did, were unaware of its risks and unfortunate repercussions."
"Hearing stories with that common theme inspired us to be the encompassing resource that not only assists patients with information about their diagnosis, but [also] teaches them how they can make a difference and advocate for a change!" she says.
In addition to spreading awareness about mesothelioma and providing resources about the types of treatments and clinical trials available, MAAC also advocates for a ban on asbestos.
"We've seen the heartache and have heard the unfortunate prognosis. We want to put an end to the use of asbestos and highlight its dangers to everyone across the globe," adds Suarez.
Mesothelioma Cancer Alliance
Since 1998, the Mesothelioma Cancer Alliance has been on a mission to end asbestos exposure and help those with mesothelioma find the resources they need. Heather Von St. James, who at 36 years old was given 15 months to live without medical intervention, is one of those individuals.
"With a 3-month-old baby at home and a low chance at survival, I was determined to outlive my prognosis," says Von St. James.
So she turned to the Mesothelioma Cancer Alliance for assistance, which helped her find a specialist in Boston - 1,400 miles away from their home in Minnesota. There, in 2006, she underwent an invasive procedure that left her without her left lung, half of her diaphragm, the lining of her heart, and a couple of ribs. Following surgery, she had four sessions of chemotherapy and 30 sessions of debilitating radiation.
Today, with no evidence of disease, Von St. James dedicates her life to advocating for people with mesothelioma and fighting for a ban of asbestos as an activist, blogger, and educator.
"As long as asbestos is still legal, there are lives at stake and that's what keeps us going every single day," she explains. "Until there is a cure for mesothelioma, until there is a ban on asbestos in the United States, until more people stand up and speak out, we [continue to] fight."
from California Mesothelioma Law Blog https://ift.tt/2uNrhv4
الأربعاء، 18 يوليو 2018
الثلاثاء، 17 يوليو 2018
Missouri Jury Verdict: $4.69 Billion in Talc-Ovarian Cancer Case
On July 12, a jury in St. Louis, Missouri, awarded 22 plaintiffs $4.69 billion in damages in a lawsuit alleging that Johnson & Johnson, or J&J for short, and an affiliated company, sold baby powder containing asbestos that had allegedly caused ovarian cancer after long-term use.
The trial in the St. Louis Circuit Court, a Missouri state tribunal, lasted about five weeks.
About $550 million was for actual, compensatory damages, while about $4 billion was in punitive damages, which are designed to both punish the defendant and to set out a wrongdoing defendant as an example to deter other similar parties from engaging in the same behavior.
Of the 22 plaintiffs, most were women who have active or fatal ovarian cancer, or who underwent successful treatment. Six of the plaintiffs were the survivors of victims who had died. Other plaintiffs had spouses who were negatively impacted.
According to the St. Louis Post-Dispatch, the jury gave $25 million to each woman or family for compensatory damages. Citing an unnamed juror, the paper said that the punitive damages were calculated by multiplying $70 billion (a recent annual company profit for baby powder) times 43 or the number of years since J&J "claimed the baby powder did not contain asbestos."
Reportedly, J&J has known of the asbestos risk in its talc since the 1970s and did not warn consumers. J&J disputes this, however, saying that its products have no asbestos and that it intends to pursue appeal.
The Post-Dispatch quotes plaintiffs' lawyer as saying the J&J should no longer sell talcum powder in lieu of a safe replacement product J&J makes of corn starch.
The manufacturers of talc products need to be held accountable for their negligence, their failure to warn consumers of the associated dangers, and more. If you or a loved one has developed ovarian cancer or mesothelioma due to the use of a talcum powder product, do not hesitate to schedule a free consultation here with one of our attorneys today.
from California Mesothelioma Law Blog https://ift.tt/2mmxslX
الاثنين، 16 يوليو 2018
Best Amazon Prime Day deals for cyclists 2018
Amazon Prime Day takes place on Monday July 16 and Tuesday July 17 - and we've got a heads up on the best deals for cyclists
Amazon Prime Day offers lots of great deals for cyclists, we'll get advanced warning of the best dealsfrom Cycling Weekly https://ift.tt/2NlEp2e
الأحد، 15 يوليو 2018
السبت، 14 يوليو 2018
الجمعة، 13 يوليو 2018
الخميس، 12 يوليو 2018
Illegal Asbestos Disposal Remains a Problem
Proper asbestos removal can be expensive. It takes the right protective equipment, workers trained in asbestos abatement and the proper storage and disposal of contaminated materials.
While expensive, it is essential to protect the health of workers, building occupants and the nearby public. Asbestos dust is a deadly carcinogen that causes mesothelioma, lung cancer and is associated with many other serious and deadly diseases.
Illegal Disposal
Unfortunately, some business owners and contractors fail to follow federal and state regulations regarding proper asbestos dumping.
Asbestos is not visible to the naked eye. This leads some to think they will be able to surreptitiously dump asbestos into a landfill without marking it or storing it properly. It saves them money, sure. But it also puts anyone who comes in the vicinity in danger of inhaling asbestos fibers.
Apparently, people who do this operate under the theory that exposing people to a deadly carcinogen that cuts short the lives of thousands of people every year is less important than their own bottom line.
Asbestos Must be Disposed of In Authorized Landfills
Many landfills throughout the U.S. accept asbestos-contaminated materials. The landfill must be able to dispose of the waste safely. The EPA lists the landfills that accept asbestos-contaminated material online. Asbestos waste must be properly contained and labeled. Asbestos waste is hazardous material, so its transportation to an appropriate disposal facility must also comply with applicable state and federal law.
Cutting Corners Can Cost
While disposing asbestos properly is the right thing to do, the failure to follow regulations can also cost offenders. Improper disposal can lead to significant fines. Depending on the severity of the violations, it can also lead to criminal charges.
Most importantly, however, improperly disposing of asbestos costs lives.
from California Mesothelioma Law Blog https://ift.tt/2Jes90N
الأربعاء، 11 يوليو 2018
الثلاثاء، 10 يوليو 2018
Flight Attendants at Higher Risk for Developing Cancer, Study Finds
A recent study shows that flight attendants are at a higher risk of getting breast, uterine, skin, gastrointestinal, cervical, and thyroid cancers above the general population.
Compared to another study that found women who had three or more children had a reduced risk of breast cancer, the opposite was true for female flight attendants that have here or more children. Besides the fact that women who have at least three children are not getting enough sleep, the additional disturbance from the job may be an indication that disruption to their daily sleep-wake cycle has an impact on the increased risk for developing cancer.
The study does not answer why flight attendants are at a higher risk for these cancers. However, they are often exposed to carcinogens like pesticides, fire retardants, jet fuel, engine exhaust, and other chemicals more frequently than the general population. They are also exposed to higher levels of cosmic ionizing radiation, which according to the World Health Organization is a cancer risk.
Are frequent flyers at risk?
Although the study does not address this question, logic would suggest that frequent flyers would be exposed to the same risks as flight attendants. NASA is currently working on studying high-altitude radiation to help improve monitoring for the aviation industries workers and passengers.
from California Mesothelioma Law Blog https://ift.tt/2uthkD1
الاثنين، 9 يوليو 2018
الأحد، 8 يوليو 2018
السبت، 7 يوليو 2018
الجمعة، 6 يوليو 2018
الخميس، 5 يوليو 2018
الأربعاء، 4 يوليو 2018
الثلاثاء، 3 يوليو 2018
Are Children Facing an Increased Risk of Asbestos Exposure at Schools?
Once considered a near miracle-product, asbestos can be found in almost every school built in the mid-20th century. While it is well-known that schools throughout the country contain asbestos, school districts do not proactively remove it. Asbestos is dangerous when fibers become airborne. Asbestos-containing materials that are in good repair generally do not expose people to asbestos dust. Combined with the cost of removal, school districts usually only remove asbestos when it is essential to do so.
Unfortunately, many schools are getting older, and some are in bad repair. Approximately half of the nation's schools were built between 1950 and 1970, when asbestos use was at its peak.
The combination of the age of the school, budget concerns over repairs and the ubiquity of asbestos throughout school buildings can lead to children, teachers and staff being exposed.
An Example from Philadelphia
The fear of exposing children to asbestos is well-founded. For example, The Philadelphia Inquirer recently ran an informative and disturbing investigative report on asbestos in the Philadelphia School District. According to the Inquirer, dust samples taken at several schools throughout the district revealed asbestos fibers - the kind that children can inhale. The number of asbestos fibers found were well past recommended levels.
The Philadelphia School District recently stated its intent to undertake the removal and repair of its schools contaminated with loose asbestos. Unfortunately, it is not clear how long children have been exposed to asbestos. Teachers, janitorial staff and others may also have faced prolonged exposure.
Sadly, teaching is now also an increased risk factor for developing mesothelioma, according to the National Center for Health Statistics.
Asbestos Exposure Is a National Problem
While the Philadelphia School District provides a stark example, it is by no means unique in having a significant amount of asbestos to deal with. As schools continue to deteriorate, and some districts face difficult budget choices, it is easy to imagine this is a situation that will continue to arise.
from California Mesothelioma Law Blog https://ift.tt/2u5CI0W