Yasmin Lawsuit

Parents Settle for $8.5 Million in Birth Injury Malpractice Suit

(May 13, 2011)

A birth injury lawsuit involving a 5 year old little boy is settled after only three days into the trial. The family was awarded $8.5 million in a settlement to help defray medical costs that were incurred due to medical negligence resulting in the little boy’s birth injury as well as any future medical expenses. The plaintiff’s son still suffers from seizures, is unable to walk or see and incapable of holding his head up on his own. He will continue to be in need of medical care for the rest of his life due to the severe brain damage that occurred during his delivery.

Upon undergoing standard delivery preparations at the Bayonne Medical Center, everything seemed to be alright as the baby’s parents anxiously awaited his birth with promises of a healthy and normal son. However, according to testimony and court records, around 9 a.m., concerns quickly arose when the heart monitor attached to her abdomen showed the baby’s heart rate suddenly plunged from 140 beats per minute to the dangerously low level of 60 beats per minute. Even with the urgent readings, the labor and delivery nurse waited almost half an hour before calling the attending obstetrician according to telephone records that had been submitted as evidence. The attending obstetrician arrived from Staten Island 22 minutes later, but did not perform the emergency Cesarean section until almost 11a.m. The procedure that took only four minutes to perform, if done immediately, could have saved the little boy and his family from the future they now face. The birth injuries that were sustained could have been prevented according to an expert witness. Apparently, the low heart rate was caused by the baby’s compressed umbilical cord. As a result, the baby was oxygen deprived which led to the brain damage.

If you have a child who sustained birth injuries that you feel were a direct result of malpractice, and you believe that you may have a case, contact a birth injury law firm to find out if you are entitled to any cash settlements due to their negligence.

Hospital found Negligent in Brain Damage Birth Injury Case

(May 13, 2011)

A birth injury settlement in the amount of $5 million was awarded to a 30 year old woman whose child’s birth injuries

were a direct result of medical malpractice. According to medical records submitted into court, the plaintiff’s medical history showed nothing to be concerned about and she progressed through her first pregnancy as would normally be expected. However, the plaintiff soon found herself being admitted into the hospital in the stages of early labor with her cervix 2cm dilated and an external fetal monitor placed upon her abdomen according to the defendant’s midwife.

It was approximately seven hours later that the fetal heart monitor started detecting a decline in the baby’s heart rate and was not showing a complete tracing of contractions. Because it is difficult to determine if deceleration of a baby’s heart rate is a direct cause for concern, there are standard procedures put into effect to further monitor what is going on in the womb, however, the attending obstetrician failed to do so. Even though other concerns continued to surface that should have finally put the delivery staff into action, such as the position of the baby (which would cause a prolonged delivery) and continued fluctuations in the babies heart rate that didn’t correlate with the contractions. Yet, an emergency Cesarean section was not performed that would have provided a faster delivery and lessened any chances of birth injuries.

Testimonies and court records brought up one incident after another where alternative measures should have been considered especially after the plaintiff herself started to show signs of distress. However, the medical staff opted to handle the delivery until the situation reached a critical level almost twelve hours later before the attending obstetrician was finally paged to intervene. The obstetrician made the decision that the baby needed to be immediately delivered and he could do this more quickly with vacuum assistance versus going to the operating room for a cesarean section. The obstetrician applied the vacuum and was able to deliver the child within minutes. It wasn’t until after the delivery’s standard procedures were performed that the baby received a bag and mask ventilation. In the NICU, it was recorded that she had no tone and was unresponsive. Shortly after the infant began having seizures, CT and MRI scans were done showing that she had sustained severe brain damage leaving her unable to walk, talk, or sit without support. She currently is fed through a feeding tube and is dependent upon her parents to assist her with daily living activities. These birth injuries could have been avoided had the proper procedures been carried out when signs first appeared that should have concerned the medical staff. When a birth injury occurs, not only are the effects emotionally and psychologically traumatic, but how you will be able to afford the expenses of the medical care needed can be agonizing for the family. It is important that you seek legal consultation from an experienced birth injury lawyer who can help ease some of the burden with compensation that you may be entitled to.

Another Case of Cerebral Palsy Due to Malpractice

(May 13, 2011)

A doctor was found negligent by a New Jersey jury in the case of a birth injury that resulted in the development of cerebral palsy. The plaintiff’s family alleges that had the emergency room doctor not waited so long in performing an emergency Cesarean section, their son would not have suffered the brain damage that caused his disability. According to testimony given by medical experts, had the doctor delivered the baby eight minutes earlier, he would have had the opportunity to live a normal and healthy life.

What causes cerebral palsy? Cerebral palsy is a condition where muscles suffer from impaired coordination (spastic paralysis) as well as other disabilities. This condition usually occurs by injuries or abnormalities of the brain that are caused either before or after birth. In some cases, this birth injury can be caused by low levels of oxygen going to the brain as well. Most of these problems occur as the baby grows in the womb, but they can happen at any time during the first two years of life while the baby’s brain is still developing. While there are several types of cerebral palsy, such as: facial paralysis, brachial plexus injury (also known as Erbs palsy), they all have a good prognosis of recovery that usually takes place between two weeks to six months. Cerebral palsy is a birth injury that is a lifelong condition.

Cerebral palsy symptoms can vary from person to person, range from very mild to very severe, only involve one or both sides of the body, can be more pronounced in either the arms or legs, or can affect all four limbs. Symptoms are usually seen before a child is two years old and sometimes can begin as early as three months. Parents may notice that their child has a delay in developmental stages, such as sitting, rolling, crawling, or walking.

If you notice these symptoms in your child and feel that he/she may be a victim of medical negligence, it is important that you seek out a cerebral palsy lawyer right away to begin the process of compensation.

Darvocet Manufacturer Agrees to Withdraw

5/10/2011

A Darvocet Recall, which was issued by the Food and Drug Administration (FDA), has been put into full effect. The manufacturers of Darvon and Darvocet, Xanodyne Pharmaceuticals Inc., agreed to follow the request of the FDA to take the brand version of the prescription pain killer propoxyphene off of the market. Not only did the FDA make the request for the brand name products, but the agency also informed the manufacturers of the generic brand of propoxyphene-containing products of Xanodyne’s actions and further requested the removal of their products also. Because of the serious Darvocet Side Effects, the Darvocet and Darvon Recall have been completely effective.

New clinical data that showed the painkillers put individuals at risk of potentially serious or even fatal heart rhythm abnormalities initiated the market withdrawal of propoxyphene on behalf on the FDA. With this data, combined with other epidemiological data, the FDA concluded that the risks of developing Darvocet Side Effects far surpassed the benefits of the painkillers. The FDA is absolutely pleased with the decision made by Xanodyne to voluntarily remove its products from the market. The agency feels the new data collected from the clinical trials alter propoxyphene’s risk-benefit profile and the drug’s effectiveness in reducing pain is no longer enough to outweigh the risk of developing Darvocet and Darvon Side Effects resulting in serious health problems. Furthermore, the FDA is advising healthcare professionals to stop prescribing propoxyphene to their patients and also advise that patients who are currently taking the painkillers should contact their healthcare professional as soon as possible to discuss switching to another pain management therapy.

The FDA has reviewed the data suggesting that even when taken at the recommended doses, propoxyphene causes significant changes to the electrical activity of the heart. These changes have the potential to increase the risk for serious abnormal heart rhythms. These abnormalities have been linked to serious adverse side effects including sudden death. If someone you know has suffered from these Darvocet Deaths, contact a Darvon Lawyer or a Darvocet Lawyer immediately. They will be able to evaluate your claim.

Issues with Topomax

05/09/2011

Have the issues with Topomax been overstated Topomax is an unacceptable medication that can cause irreversible birth injury defects. Even though some cases of Topamax are less serious, they still require surgery. There are now cases being filed against huge company and manufacturer, Johnsons & Johnson. It is important to recall that Topamax is approved by the Food and Drug Administration (FDA) for treating seizures associated with epilepsy and the prevention of migraine headaches. But it is also sometimes used on an off-label basis to treat other conditions, such as obesity, bipolar disorder and alcoholism.

Citing information from the North American Antiepileptic Drug (AED) Pregnancy Registry, the FDA says 1.4 percent of infants exposed to topiramate during pregnancy developed cleft lip or cleft palate, compared with 0.38-0.55 percent of infants exposed to other epilepsy drugs. The risk of these oral cleft birth defects was much lower among infants of mothers who did not take epilepsy drugs during pregnancy (0.07 percent). This study does prove Topamax has health issues. Therefore, Topamax is worth our scrutiny and attention. Russell Katz, M.D., Director of the Division of Neurology Products in the FDA’s Center for Drug Evaluation and Research comments: “Health care professionals should carefully consider the benefits and risks of topiramate when prescribing it to women of childbearing age. Alternative medications that have a lower risk of birth defects should be considered.” Cleft lips or cleft palates are the consequences of using Topamax. Such birth defects originate in the early stages of pregnancy. Many children with cleft palate suffer from feeding difficulties, such as needing to use a special bottle or feeding tube in order to get the proper nutrition. This suffering can be long term. Occasionally, a young child may be fitted with an artificial palate in order to help them eat properly until the space can be closed with surgery. Typically, the first surgery for cleft palate is done at six months of age and after that time, the child may require two or three additional surgical procedures in order to cure this Topamax birth defect.

Settlement for Cerebral Palsy

5/3/2011

Birth injury lawsuits unfortunately occur more than one would like, particularly birth injuries resulting in cerebral palsy. Cerebral Palsy is a condition that usually affects motor functions and even sometimes causes mental dysfunction. Most children have difficulty in performing simple actions. Sometimes children have difficulty moving, speaking and eating because of damage done to the nerves, tendons, muscles and bones. Most of the cerebral palsy causes occur just before or during childbirth. A lot of the issues can be addressed by your health care professional. However, there are times when a birth injury is caused by negligence of the hospital or health care professionals.

One example of a cerebral palsy lawsuit took place in Michigan. A child of a Michigan couple developed cerebral palsy after the child’s oxygen supply was cut off because of an umbilical cord compression during labor. The representative of the couple argued that the resident and attending physicians ignored signs during labor that a caesarean section (C-Section) should have been performed. Signs of umbilical cord compression appeared on the fetal monitor. The mother was also allowed to go to the restroom without being connected to the fetal monitor. The mother explains that during the time the fetal monitor was disconnected, oxygen was cut off to the unborn baby, therefore damaging the baby’s brain and proving causes of cerebral palsy. The couple was awarded a settlement to cover the past, present and future medical expenses their child may need, such as attendant care and pain and suffering.

Infant cerebral palsy, while a common form of birth disorder, can be avoided. If you feel your child or the child of someone you know has developed symptoms of cerebral palsy as a result of negligence from healthcare professionals, you should contact a cerebral palsy lawyer as soon as possible.

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.

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.

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.

2/23/11, “Mesothelioma Lawyer Georgia”

Asbestos is in fact an issue of great concern to many people in Georgia, including those involved in their state chapter of the Environmental Information Association. This group regularly provides information on asbestos management, abatement and disposal, including a list of authorized disposal sites and education on the state’s geology and how that relates to naturally-occurring asbestos in the southern Appalachian region.

Geologically, the Appalachians are a very old range in comparison to the Cascades of the Pacific Northwest, dating back some 300 million years. Like most continental mountain ranges, they were caused by the collision of the earth’s tectonic plates. As a result, the rock was subjected to incredible pressures and temperature extremes–ideal conditions for the formation of asbestiform minerals.

As a result, there are many deposits of naturally-occurring asbestos in the northern part of the state. Most of these are located in the northwest corner of Georgia near the borders of North and South Carolina. From there, these asbestos deposits run in a southeasterly direction, through the Atlanta metro region and on to the Westpoint Lake area. According to geologic maps, there is also an “outlier” deposit located near Milledgeville, about 50 miles northeast of Macon.

On a geologic timescale, the 200 years of the Industrial Age is no time at all. Asbestos has been used in Georgia’s industries as long as anywhere else, and is found in the same types of industrial settings and public buildings.

One major corporation that has been found liable in a great number of asbestos cases is Georgia-Pacific, based in Atlanta. In addition to building materials that contained asbestos, Georgia-Pacific has also operated paper and pulp mills. Paper manufacture involves the use of “drying felts,” which contained asbestos and which were frequently fixed in place using asbestos-containing adhesives.

Georgia-Pacific was among the many corporations that were behind the so-called “F.A.I.R.” (“Fairness in Asbestos Injury Recovery”) Act put forward by Pennsylvania Senator Arlen Specter (R-PA), which died in committee in 2006. This law would have denied asbestos victims the right to sue corporations for their injuries while shielding those same corporations from liability of Georgia mesothelioma lawsuits.

It appeared the concern of Georgia-Pacific management may not necessarily been the pain, suffering and economic devastation of these victims, but rather their stock price. Because GP faced so many Georgia mesothelioma settlements, the price of their stock had dropped. When the F.A.I.R. Act was under consideration in 2003, the value went up about 12%.

That year, GP management decided to establish a $665 million fund specifically to cover asbestos liabilities through 2012. This fund was to help pay for cases brought by Georgia mesothelioma attorneys.

According to the 2000 census, the population of Georgia was approximately 8.1 million; in the 20-year period prior to that, 538 people died due to asbestos-related disease statewide, 319 of which were mesothelioma patients. The majority of these were in Fulton, Chatham, DeKalb, Cobb and Richmond Counties. Although no Georgia county was spared, predominantly rural counties such as Fayette, Murray and Worth had only a single fatality each; deaths in these counties were roughly evenly divided between malignant mesothelioma and asbestosis.

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.

Georgia courts seem to be divided as to whether or not they are pro-victim in a Georgia mesothelioma lawsuit. On the one hand, cases arising from asbestos-related diseases such as the asbestos cancer mesothelioma can be consolidated to help speed up the process of recovering damages for victims. Additionally, despite new legislation that prevents suits from being filed until damage has been proven, there are safeguards in place to make sure that the statute of limitations is extended to account for the legislation. However, these pro-victim laws do not extend to third-party victims of mesothelioma as they might in other states.

In Georgia, cases that all arise from asbestos-related disease can be consolidated. This is due to a 1982 ruling in Savannah in which the lawyers argued that Rule 42(a) of the Federal Rules of Civil Procedure allowed cases involving similar injuries arising from the same conduct to be consolidated for trial. Their argument was that forcing each action to be tried individually would have delayed, and almost certainly in some instances would have denied, the asbestos victim’s day in court. The Georgia mesothelioma lawyers were granted a motion for a consolidated trial on behalf of four asbestos victims. The defendants appealed the consolidation, but in 1985 the Eleventh Circuit upheld the District Court’s decision to allow consolidation. This was an important ruling for Georgia as well as for other states because once the court established a precedent for Rule 42(a) consolidation, motions to consolidate asbestos and mesothelioma cases were filed in a number of jurisdictions.

This pro-victim legislation was balanced with somewhat anti-victim legislation in 2005 in the case of CSX Transportation Inc. v Williams et. al. In this case, it was determined that CSX transportation was only responsible for a Georgia mesothelioma settlement to those people who were actually employed by the company. Family members who contracted the disease due to second-hand exposure such as that brought home on the clothes of CSX employees living in the home are not able to collect damages in Georgia.

Those interested in filing a mesothelioma lawsuit Georgia or hiring a Georgia mesothelioma lawyer should know that the statute of limitations for personal injury law in Georgia is two 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 with the time beginning at date of death.

Until recently, Georgia had been no specific statutes about asbestos. However, in 2005, legislation passed in Georgia limited the mesothelioma lawsuits that would be seen by the court upon filing by a Georgia mesothelioma attorney. This legislation limits lawsuits to only those victims who have suffered physical ailment because of exposure to asbestos. The legislation means that asbestos exposure alone is not sufficient grounds for filing a lawsuit: victims must become physically ill from the exposure. However, the law also extends the statute of limitations for those eligible to file a complaint. Despite varying opinions, state Senator John Wiles, who sponsored the bill, said both the business community and the Georgia Trial Lawyers Association support the new law. There was initially some concern that Georgia mesothelioma lawsuits already filed before the new law would be affected by it; however court rulings determined that the law applies only to new cases.

2/23/11, “Mesothelioma Lawyer California”

Were you aware that asbestos is the Golden State’s official mineral? Serpentine – the source of chrysotile asbestos - is found in abundance in the foothills of California’s three major mountain ranges. It should come as no surprise. Major asbestos operations are located in Quebec and upstate New York, which is part of the Canadian Shield, possibly the oldest and most stable geologic formation on the planet; more often, however, asbestos is found in geologically young and active areas, such as the west coast of North America.

Where there are volcanoes and earthquakes, there is likely to be asbestos, which geologists classify as a metamorphic rock. This is certainly true of California, where serpentine is abundant.

Humans have lived in California for thousands, and possibly tens of thousands of years. Indian peoples such as the Miwok of the Sierra foothills, Costanoans, and other groups in the northern part of the state walked, hunted, fished, gathered, made war and lived their lives right on top of major serpentine deposits over the centuries. However, their hunting-gathering lifestyles did not normally disturb the ground.

Early Spanish settlers engaged in farming and ranching, neither of which was likely to stir up asbestos deposits; later gold seekers worked further up into the granite of the Sierra Range.

Recently however, as the population of California has grown unabated, the demand for housing has led to the construction of housing developments in the foothills, where construction activity has exposed these serpentine deposits, leading to the release of asbestos fibers into the air. This has been happening in the community of El Dorado Hills, located on U.S. Highway 50 about 25 miles east of Sacramento.

North of the Los Angeles Basin, California’s three major mountain ranges surround an immense Central Valley, known as the San Joaquin in the south and the Sacramento in the north. An examination map of California published by the Agency for Toxic Substances and Disease Registry shows how the locations of serpentine deposits follow these mountain ranges quite closely. There is also a dense cluster of asbestos deposits located in the Mojave Desert, only 50 miles south of Las Vegas, Nevada.

California has also been home to many shipyards and marine repair facilities, as well as large number of other industries. There are no fewer than 25 oil refineries in California, as well as nearly 20 major shipyards and some 11 power plants and energy generation facilities. Mining and smelting operations were also located around the state.

Asbestos insulation was used extensively in the shipbuilding and marine repair industry, particularly those of the U.S. Navy. A disproportionate number of U.S. veterans who develop asbestos diseases are those who served on sea-going vessels, such as Navy veterans. Such Naval shipyards were located in the Bay Area up until the late 1980s and early 90s; the San Diego Base is the Navy’s largest.

This, and the state’s large overall population, are the primary reasons that the large majority of California’s asbestos-related deaths over the 20-year period between 1979 and 1999 were in Los Angeles, Orange and San Diego Counties, accounting for well over 25% of the total. The Bay Area counties of Contra Costa, Alameda, San Mateo and San Francisco made up an additional 20%.

Generally, asbestosis is more common than mesothelioma; however, in California, slightly over half of asbestos-related fatalities were due to the rare asbestos cancer mesothelioma. Nonetheless, when the data is broken down on a county-by-county basis, an interesting pattern emerges: asbestosis is more prevalent in lightly populated, rural counties; the more urbanized an area is, the more likely the patient was to have contracted mesothelioma.

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. Today, between 25 and 30% of all Americans will get some form of cancer during their lifetimes. There are many reasons for this, including the modern lifestyle and the poisons that have been put into the environment – of which asbestos is a prime example. The number of clinics and hospitals that specialize in oncology have increased in response to the growing number of patients.

As a state, California mesothelioma lawsuits have a history of being pro-victim, with many cases brought on behalf of these victims by California mesothelioma lawyers awarding both actual and punitive damages to those that are diagnosed with asbestos-related disease. Verdicts in these cases are often for damages to the victim in excess of $1 million. There are several cases where even larger amounts were awarded, such as Peterson & Peterson v. Hill for $20 million and Todak v. Foster Wheeler L.L.C. for over $33 million. Many of the victims in the state, particularly those awarded money in courts in the San Francisco Bay Area, were first exposed to asbestos while serving in the Navy.

The statute of limitations for personal injury law in California is two 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. However, the standard one-year discovery rule for wrongful death cases does not apply in California mesothelioma settlements .

Additionally, in the case Hamilton v. Asbestos Corporation, Ltd., which took place in 2000, the courts ruled that California mesothelioma attorneys working for victims who had previously filed suit for non-fatal asbestos-related breathing disorders may file a second lawsuit if and when they are diagnosed with mesothelioma or another asbestos-caused illness. The case further specified that asbestos disease claims may be filed any time up to one year after the victim is unable to work in his or her regular occupation because of the asbestos-caused illness.

2/23/11, “Mesothelioma Lawyer Colorado”

Companies and areas that used asbestos were abundant in Colorado. Any industry in which heat or corrosive chemicals posed a danger usually involved asbestos exposure.

It’s important to keep in mind that in many cases, small employers in Colorado and elsewhere were as ignorant of asbestos hazards as their workers, which is why lawsuits initially against former employers usually turn into Colorado mesothelioma lawsuit against companies who manufactured, processed and/or supplied the asbestos.

In addition, asbestos in Colorado can be found in the ground as well – both as naturally-occurring deposits and as a pollutant.

Naturally-occurring asbestos in Colorado – which includes some fibrous amphiboles (the type with long, spear-like fibers) – tends to occur along the Rocky Mountain Front. At least two amphibole deposits are located in the San Juan Mountains in the southwestern corner of the state, one of which is near the town of Cortez.

However, asbestos has also been left behind by industrial operations and military bases that have been abandoned. Unfortunately, this has posed some danger to residential neighborhoods that have started to spread along the east slope of the Rockies as the Denver metro area population continues to grow.

An example of this danger was reported when contractors in the Lowry area started excavating for a housing development near a former Air Force base. The work activities released a large amount of asbestos fibers into the air, exposure to which is known to potentially cause asbestos related diseases such as pleural plaques or even a rare form of asbestos cancer known as mesothelioma.

What was especially unfortunate about this particular incident is that the Colorado State Department of Public Health and Environment (CDPHE) had specifically noted that site over four years earlier as one that possibly posed an asbestos hazard. Colorado State law requires that certified asbestos inspectors from the CDPHE be present at any work site where asbestos is a concern prior to the start of work.

This protocol was not followed in the Lowry incident; work had been underway for three hours before the CDPHE inspectors arrived.

Small, former mining towns in the mountains also face asbestos issues, as part of the legacy of the industries that gave birth to them. For example, the old Black Cloud Mine in Leadville has been closed for nearly four decades, yet continues to pose an asbestos threat. Asarco, the Arizona-based corporation that still owns the property, has attempted to seek bankruptcy protection, but is still under a court order to clean up the site.

Another unfortunate situation has developed in a number of small farming communities on the plains in the eastern part of the state as well. In the town of Deer Trail, effects of a flood that occurred in the early 1960s are still causing hardships; one of the structures that was a victim of the flooding, the Schindler Building, has never been renovated, and cannot be demolished because of the costs of asbestos abatement.

This situation is also the case in many other small Colorado communities. The costs to deal with the asbestos are in most cases several times what the property is worth–and are often more than the entire annual budget of such towns. Eaton, Eads and Fowler are other towns that are affected.

Part of the reason that asbestos abatement is especially costly is because Colorado has some of the strictest standards for asbestos contractors in the nation. The Colorado Asbestos Control Act, enacted in 2001 for a four-year period, was designed to provide oversight and regulation of certification of asbestos workers at all levels.

Licensing and annual certification fees are also steep; asbestos workers must pay $122.50 per year, while a 3-year license for a general abatement contractor runs $525.

Today, between 25 and 30% of all Americans will get some form of cancer during their lifetimes. There are many reasons for this, including the modern lifestyle and the poisons that have been put into the environment – of which asbestos is a prime example. The number of clinics and hospitals that specialize in oncology have increased in response to the growing number of patients.

The majority of Colorado mesothelioma lawsuits have been related to the mining industry there. In general, verdicts in a Colorado mesothelioma lawsuits have been in the victim’s favor. Additionally, Colorado courts have ruled that mining companies are responsible for their actions and the damages owed even if they have filed for bankruptcy. Prior to these cases, other asbestos-related lawsuits in the state were also decided in favor of the victim. A significant aspect about these cases is that several of them have confirmed that Colorado businesses must take responsibility with regard to the control of asbestos, even when the company doesn’t manufacture the entire product that causes the problem and even when the company has only recently taken control of the asbestos assets of another company. This serves to prove that Colorado is pro-victim and not pro-corporation in its history of mesothelioma laws.

In regards to the mining issues, Colorado mesothelioma attorneys have made Asarco a major defendant. The company has been hit with claims of asbestos poisoning demanding about $2.6 billion in damages, and other creditors have sought a total of about $13.5 billion from the company. In 2005, facing several complex environmental issues regarding its Black Cloud mine, including hundreds of Colorado mesothelioma lawsuits citing asbestos poisoning, Asarco declared bankruptcy. The company then argued it should not be held responsible for clean-up of its mines. The courts, however, determined that declaring bankruptcy did not absolve Asarco of its obligation to clean up leaks from its Leadville, Colorado, mine. Asarco has recently reached settlements with many of the people who had hired a Colorado mesothelioma lawyer to file suit against them.

Prior to the mining cases, other asbestos cases in Colorado were also pro-victim. For example, in 1986, in Gibson v. Armstrong World Industries, Inc., the United States District Court for Colorado ruled that because it purchased the assets of and continued the manufacture of Keasbey & Mattison Company’s asbestos-containing products, Nicolet, Inc. was liable to asbestos victims as the successor-in-interest to Keasbey & Mattison. This was important because it meant that victims of malignant mesothelioma were able to pursue damages from more defendants than had originally been the case in the state. It also made clear that companies in Colorado are responsible for their assets upon taking control of them.

In the following year, in Rice v. Armstrong World Indus., Inc., defendant John Crane argued that, even though it relabeled and sold to the public the product that caused the plaintiff’s asbestos-related disease, it should not be held liable for the disease because it did not actually manufacture the product. The United States District Court for Colorado denied summary judgment for defendant John Crane in the case. This further confirmed the responsibility that companies in Colorado have for their actions and assets.

The statute of limitations for personal injury law in Colorado is two 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 therefore it is important for anyone who may have been exposed to asbestos to watch for the signs of mesothelioma, and contact a Colorado mesothelioma lawyer as soon as possible after a diagnosis. Wrongful death cases fall under the same statute of limitations and follow the same discovery rule. There are no specific statutes about asbestos or Colorado mesothelioma settlements.

Individuals who are concerned that they may have been exposed to asbestos should check into the issue with a Colorado mesothelioma attorney prior to the statute of limitations running out. Those who aren’t sure should know that the major locations in which there have been problems in the state have been in those areas closest to the mines. Additionally, asbestos-related disease has been found in the area surrounding the Colorado Rockies.

4/11/11,

“Washington Mesothelioma Lawyer” Washington is a state with a long history of asbestos use. Natural deposits dot its mountains, and it was once used plentifully in many industries. Exposure to this mineral has been linked to lung cancer, asbestosis and mesothelioma. There are mesothelioma attorneys Washington who seek financial compensation for those affected.

Many cases filed by mesothelioma lawyers Washington are on behalf of those who worked in one of the state’s several aluminum plants. Aluminum production has been an important industry since the Second World War; the manufacturing process requires high levels of heat – -not as hot as steel production, but hot enough to present a hazard, for which asbestos insulation seemed to be an appropriate solution. Sadly, these insulated products would eventually experience wear and release deadly asbestos fibers.

There have been over a hald-dozen recent mesothelioma lawsuits Washington. General Electric Company and C.H. Murphy / Clark-Ullman Inc. are defendants in multiple cases, although General Electric appears to just be petitioning for removal from asbestos litigation. The other defendants in these cases are Asbestos Corp. Ltd., Elliott Company, and IMO Industries Inc.

The state of Washington has a number of known asbestos sites. Individuals who have or are living or working near these areas should be checked regularly for signs of mesothelioma in order to hire a mesothelioma lawyer Washington and file any lawsuits within the state’s statute of limitations. 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 other areas in the state may also contain asbestos but may not yet have been reported as such.

A paramount mesothelioma lawsuit Washington took place in 2007, when a Washington pipe fitter was awarded over $1 million in a lawsuit. The man worked in a pulp mill in Port Angeles between 1959 and 1992. During this time, he was exposed to asbestos because the pipes were covered with the material. In 1996, the plaintiff was diagnosed with mesothelioma as a result of his exposure. According to Washington state law only those companies that actually supplied or produced the asbestos in question are legally liable. Tracking down the responsible parties was made difficult because the pulp mill has been closed for some time at the time of diagnosis. Several other companies responsible for causing the plaintiff’s mesothelioma were undergoing bankruptcy reorganization at the time of the verdict, but were still scheduled to pay mesothelioma settlements to the plaintiff.

Individuals seeking a mesothelioma settlement Washington should know that the statute of limitations for personal injury law in Washington is three years with a discovery rule that states that this amount of time begins when the problem either was discovered or should have been discovered, and should contact a mesothelioma attorney Washington as soon as possible. Wrongful death cases follow the same statute of limitations and discovery rule.

(February 3, 2011) In January, several residents of the poverty stricken Muzaffarnagar district protested against the 12 asbestos plants that were permitted to operate by the Indian government.

According to the reports, the Bihar local government allowed at least 12 asbestos plants to operate in Muzaffarnagar. These factories that are based on Chrysotile will manufacture asbestos cement roofing sheets.

Chrysotile or white asbestos is the most encountered form of asbestos, accounting for approximately 95 percent of the asbestos in place in the United States and a similar proportion in other countries. It has considerable tensile strength that can be spun into thread and woven into cloth. Its fibers are also resistant to heat and excellent thermal, electrical and acoustic insulators.

Reports said that more than 90 percent of the world production of chrysotile is used in the manufacture of chrysotile-cement, in the form of pipes, sheets and shingles. These products are used in some sixty industrialized and developing countries. Chrysotile cement is valued for its excellent cost effectiveness and durability, which requires little investment and consumes less energy than production methods for competing products.

However, the asbestos plants have resulted in resistance from locals because of their possible health impact. It has long been proven that asbestos exposure can lead to significant health problems like asbestosis, lung cancer and mesothelioma. Researchers said when these materials are disturbed or destroyed they can become airborne and easily inhaled by workers and people residing near the asbestos plants. Studies showed that these fibers lodge in the lungs and fester for decades as asbestos cancer develops.

In recent years, asbestos mining has been prohibited in India. However, its use in manufacturing is still allowed. According to the reports, raw asbestos is currently imported primarily from Russia and Canada. Locals have been petitioning to the environment minister since May of last year to stop exporting asbestos. However, the ministry has deemed asbestos safe, welcoming more asbestos industries in India.

2/23/11, “Mesothelioma Lawyer Hawaii”

Although geologically active, Hawaii differs from the continental U.S. in that its terrain was not formed from folding action resulting from the collision of tectonic plates, but from the building action of volcanoes.

As a result, Hawaii is unique in that it is one of the few places in the world that has no naturally-occurring asbestos deposits.

Hawaii does, however, have two military bases and two major oil refineries.

It has long been suspected that people in marine industries – including the US Navy, Coast Guard and Merchant Marine – run a significantly higher risk of asbestos-related disease. This was recently proven in a study by researchers at the National Cancer Institute in Bethesda, Maryland. The study, which followed 4,700 subjects employed at a Coast Guard shipyard between 1950 and 1963, showed a “small but significant” increase in asbestos illnesses in those subjects as compared to the population at large.

Pearl Harbor is one of the larger and more important U.S. Naval bases, and has had oil refining capacity in the past as well. Both seagoing vessels and oil refining equipment are known to be associated with asbestos insulation and protective gear. Many Navy veterans have been diagnosed with mesothelioma and/or asbestosis.

It should be pointed out that military exposure to asbestos often takes place in enclosed places such as areas below the deck of a ship, where such fibers are likely to become concentrated.

Oil refineries are among those industries in which fire is a constant hazard. Ironically, oil refinery workers often were poisoned by asbestos that was incorporated into the very gear and clothing that was designed to protect them, such as fire suits and gloves. When these became worn or ripped, asbestos fibers could be released into the air and inhaled, resulting in a variety of asbestos-related illnesses.

In the entire state of Hawaii during the 20-year period between 1979 and 1999, there were 138 recorded deaths from asbestos related disease, 79 of which were from the asbestos cancer mesothelioma and 59 from the asbestos disease asbestosis.

As is typical, mortality rates were higher in heavily populated, urbanized areas. Asbestos victims were most numerous in Honolulu County, accounting for 114 of the recorded deaths statewide. The next highest was Hawaii County, with 12; 10 of these were related to malignant mesothelioma.

Kauai and Maui accounted for six victims each. On both islands, mesothelioma victims outnumbered asbestosis victims two to one.

Mesothelioma, while debilitating and invariably fatal, is far less common than asbestosis. Why should it so frequently be more prevalent among asbestos victims?

There is no single answer to this. It is known that a great deal of asbestos insulation used in sea going vessels contained amphibole fibers, which are hard and spear-like; they are not more deadly than the softer and more commonly used chrysotile fibers, but have been demonstrated to work faster when it comes to causing cancer.

The other problem lies in detection. All respiratory diseases exhibit nearly identical symptoms in their early stages, but a mesothelioma diagnosis is especially difficult; therefore, it is usually not diagnosed until it in an advanced stage.

Also, unlike asbestosis, mesothelioma is malignant and can spread to many places in the body, although it usually affects the pleural lining of the lungs, commonly known as pleural mesothelioma. Once it has started, it is nearly impossible to stop. On the other hand, asbestosis‘ progression usually stops once the patient is removed from the environment in which asbestos exposure occurs.

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.

Hawaii is not a state that has seen a significant amount of mesothelioma legislation. For that matter, Hawaii has not seen a significant amount of legislation regarding any asbestos-related disease. In addition, a search of the Hawaii State Judiciary cases (the equivalent of a state Supreme Court in Hawaii) turns up no cases for either Hawaii mesothelioma lawsuits specifically or asbestos generally.

Despite the lack of litigation at the superior court level, mesothelioma cases have been litigated in Hawaii’s lower courts by Hawaii mesothelioma lawyers. Significantly, a number of people developed mesothelioma after exposure to asbestos in shipyards and other high-risk industries throughout Hawaii. In an effort to prove that the surge in mesothelioma diagnoses was caused by the asbestos used in the construction and repair of naval ships, Hawaii mesothelioma attorneys went after the shipyards. The shipyards, meanwhile, contended that inhaling the biogenic silica fibers associated with sugar cane processing caused the employees, many of whom had previously or since worked in the sugar cane industry, to contract the disease. Tests, however, proved that not a single mesothelioma diagnosis could be linked to the sugar cane industry.

It should be noted that environmental concerns such as those related to asbestos are of particular issue in Hawaii, a state that is known for its preservation of its natural resources. Hoping to use this fact to improve the legal situation for mesothelioma victims, Hawaii mesothelioma law firms tried for several years to get the state to ban the use of asbestos, claiming that Hawaii was a natural sanctuary for a multitude of wildlife species and that asbestos in the air around the shipyards would contribute to ecological disruption. But not one Hawaii mesothelioma attorney was able to offer sufficient evidence to convince lawmakers to enact the ban.

Another asbestos -related issue in Hawaii was the 2005 finding that a local school had asbestos, forcing the school to be shut down for five days for inspection and clean-up. Although it will take years to know if mesothelioma will result from the exposure, one teacher has promised to keep the names of the students exposed to asbestos on file. Locations other than schools in which people may be at risk from exposure to asbestos include the numerous military bases located in Hawaii. In 2000, for example, 600 soldiers had to be evacuated from Schofield Barracks due to asbestos exposure.

Those interested in filing a Hawaii mesothelioma lawsuit or hiring a Hawaii mesothelioma lawyer should know that the statute of limitations for personal injury law in Hawaii is two 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. Furthermore, if a personal injury lawsuit is begun by a mesothelioma victim but the victim dies before the case is concluded, a family member will be appointed as the special administrator and the case will continue, although the ultimate amount of settlement may be different. Wrongful death cases fall under the same statute of limitations and follow the same discovery rule with the time period beginning at date of death.

There is no specific statute about asbestos in Hawaii; however the state’s laws are generally considered to be quite favorable to asbestos victims and their Hawaii mesothelioma lawyer. It should be noted that twelve major companies in Hawaii have filed for bankruptcy and so may not pay out on mesothelioma claims. Many cases against those companies that have not filed for bankruptcy, most often result in a Hawaii mesothelioma settlements without having to go to trial.

2/22/11, “Mesothelioma Lawyer Alaska”

In terms of geology, naturally-occurring asbestos is associated with volcanism and areas in which earthquakes are common. Therefore, it should come as no surprise that the geologically-active areas in the Pacific regions of North America – including Alaska – should contain numerous deposits of asbestiform minerals. Alaska is also home to many industries, both directly and indirectly connected to asbestos.

Courtesy of Mother Nature, asbestos deposits are found throughout the state. This has been less of an issue in Alaska than in places such as California, because not only does this state cover the greatest area in terms of square miles, but it also has one of the lowest population densities in the world.

Nonetheless, according to a map published by the Agency for Toxic Substances and Disease Registry, there are four outcroppings in the Panhandle region alone. Two of these deposits are in the populated areas around Ketchikan and Juneau. Other deposits are found in east-central Alaska along the Yukon River and in the northwestern part of the state in and around Kobuk Valley National Park.

Along the southwestern coast of Alaska (not including the Aleutian Peninsula and island chain), there are two prominent asbestos deposits on the tip of the peninsula that separates Kuskokwim Bay from Bristol Bay to the south. There is also a noteworthy cluster of asbestos deposits located approximately 100 miles northeast of Anchorage in the vicinity of Wrangell-St. Elias National Park and within the roughly triangular region defined by State Routes 1, 2 and 3. One of the towns near this cluster is Glennallen.

There is no shortage of licensed asbestos abatement contractors in the State of Alaska, a fact that is indicative of the problems still created by asbestos. A few years ago, the town of Glennallen acquired a building from the state Department of Transportation that contained friable (crumbling) asbestos.

Despite this danger, of which the public was presumably notified, the building became an “attractive nuisance”; it was broken into no fewer than four times, making it necessary for the town to remove the asbestos and demolish it before trespassers were harmed.

When it comes to asbestos cleanup in Alaska, state agencies other than the Department of Health or Environmental Quality are involved in identifying potential trouble. The Department of Fish and Game is also involved; it was the agency that requested state funds for the Glennallen cleanup.

Industrial sites in Alaska where asbestos has been a problem include pulp mills, marine repair facilities and, interestingly, seafood processing plants. According to an EPA news release from 2001, a manager at Great Pacific Seafoods, Inc., pleaded guilty for violating Clean Air Act safety regulations when removing asbestos at an Anchorage facility prior to its sale to the Alaska DOT. The company was fined half a million dollars, and the manager faced a one year prison sentence and a $100,000 fine.

Alaska is also the home of numerous power generation plants and the facilities of four oil companies that include ARCO, Tesoro and Williams Alaska Petroleum.

A cursory examination of news stories on asbestos issues indicates that numerous public school buildings have had to deal with asbestos problems over the past several years as well. According to the Alaska Statutes 18.31.040, public school officials are legally obligated to maintain records of building inspections, notify all affected parties of asbestos concerns, and arrange for removal as well as monitor such projects.

The state laws that pertain specifically to asbestos are contained under Alaska Statutes, Title 18, Chapter 31. Most of these cover issues such as the duties of the state Departments of Labor (Section 20) and Education (Section 30).

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

Today, between 25 and 30% of all Americans will get some form of cancer during their lifetimes. There are many reasons for this, including the modern lifestyle and the poisons that have been put into the environment – of which asbestos is a prime example. The numbers of clinics and hospitals that specialize in oncology have increased in response to the growing number of patients.

The State of Alaska imposes a two-year statute of limitations on all personal injury claims, including toxic torts (toxic exposure) such as mesothelioma causing asbestos exposure, premises and products liability, workers’ compensation and wrongful death lawsuits. This is upheld and modified by certain statutes: Alaska Statute 23.30.105(a) requires that a claim for disability compensation must be filed after victims develop the disabling condition and within two years of learning of the nature of their condition and its relation to the employment. However, the statutes do make an exception for latent injuries. For latent injuries, the two-year statute of limitations begins when victims discover the disabling condition, as long as it can be shown that the victims did not realize and would not have had the education, intelligence or experience to realize any earlier the nature of their condition and its relation to their employment. In practice, this means that in Alaska the two-year statute of limitations for bringing an Alaska mesothelioma lawsuit due to asbestos exposure begins when the individual discovers the malignant mesothelioma.

The Supreme Court of the State of Alaska confirmed this decision in its 2001 review of the court case Collins v. Arctic Builders, Inc., et. al. The plaintiff in that case experienced asbestos exposure in 1963 but did not know of his condition until 1990. He filed for workers’ compensation in 1991, but due to administrative confusion regarding his status as a civilian employee working on a federal property, he had to file again in 1993 with the Alaska Workers’ Compensation Board (AWCB). The AWCB reviewed his claim in 1996 and determined that they did not have to pay because the two-year statute of limitations had run out. The Supreme Court of the State of Alaska found that because he filed initially in 1991, he was within the statute of limitations. The court ruled that he had until 1992, two years after he discovered the rare asbestos cancer,mesothelioma, to make his claim with an Alaska mesothelioma lawfirm.

It is not only individuals suffering the effects of work-related exposure to asbestos who are encouraged to contact an Alaska mesothelioma lawyer for help with filing Alaska mesothelioma lawsuits. Individuals who have lived, attended school, or worked near Superfund sites may also suffer the effects of having been exposed to toxins such as asbestos. Enacted by the United States Congress on December 11, 1980, the Superfund law was passed in response to the Love Canal and other environmental disasters. The law imposed a tax on the chemical and petroleum industries and also provided broad, federal authority to respond directly to the release or threatened release of hazardous substances that might endanger public health or the environment. Over $1.5 billion was collected during the next five years, with the money going to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites.

Arctic Surplus Salvage Yard is one of the Superfund sites in Alaska. It was placed on the National Priorities List as a Superfund site in 1990. Located about six miles southeast of Fairbanks, the site has been owned by the Department of Defense as well as private companies, one of which conducted salvage operations on material including asbestos insulation. Other Alaska Superfund sites known to have asbestos contamination include U.S. Army Fort Richardson, located five miles north of Anchorage, and U.S. Army Fort Wainwright, located near Fairbanks. Alaska residents who have lived near such Superfund sites are urged to get checked for signs of asbestos exposure and contact an Alaska mesothelioma attorney as soon as possible after a diagnosis in order to file immediate claims if they are diagnosed with mesothelioma or other asbestos-related diseases.

Mesothelioma Lawsuit against John Crane Ends with $22.7 Million Verdict

(February 11, 2011)

A mesothelioma lawsuit filed against John Crane Incorporated resulted in a $22.7 million mesothelioma settlement comprised of compensatory and punitive damages.

The lawsuit was filed on July 29, 2009, by the 64-year old William Pfeifer who worked as a boiler operator in the U.S. Navy and at various military locations for more than thirty years. The plaintiff alleged that he had frequent exposure to asbestos-containing gaskets and packing, as well as a variety of other products including insulation which are manufactured by John Crane. After years of asbestos exposure, Pfeifer was then diagnosed with mesothelioma, a rare form of cancer that affects the protective lining that covers the lungs, heart and abdomen. During the trial, the defendants argued they cannot be held liable for the disease of the plaintiff and that their products are not hazardous to health. Crane is a U.S. company that designs and manufactures mechanical seals with over twenty manufacturing sites and more than 6,400 employees located in fifty countries.

The U.S. Navy, on the other hand, relied on packing solutions from Crane for a host of applications, including expansion joints, stern tube service, cargo pumps, rotary steam and air compressors, water-tight closures, metallic condense packing and pipe fittings. After less than eight hours of deliberation, the jury returned a $22.7 million mesothelioma settlement and concluded that the asbestos-containing products were a substantial factor in the plaintiff’s serious ailment.

In addition, the jury found Crane’s products were defective and that the company was guilty of negligence for failing to warn the plaintiff and the others about the health hazards brought by the prolonged exposure to these contaminated products. As a result, the jury awarded the plaintiff and his family with a $22.7 million verdict, comprised of $8.2 million in compensatory damages and $14.5 million in punitive damages. The jury held Crane 70 percent liable because of its wrongful conduct.

Mesothelioma Lawsuit Ends with $1 Million Verdict against John Crane, Inc.

(February 12, 2011)

An Onondaga County jury awarded a one-million dollar verdict over a mesothelioma lawsuit filed against John Crane Incorporated, the sole remaining defendant at trial.

Richard Schuderer, a man who worked for the New York State Department of Transportation in several positions such as deckhand, oiler and engineer on tugboats from 1954 to 1991, alleged that he was exposed to asbestos in the course of his employment. Schuderer testified that his duties involved repacking valves, fabricating gaskets, repairing and maintaining tugboat engines.

Schuderer was diagnosed with mesothelioma in May 2008. Upon discovery of his asbestos-related disease, Schuderer immediately sought legal assistance from an experienced mesothelioma lawyer to help him assess whether or not he was qualified to receive a mesothelioma settlement and file a mesothlioma lawsuit against the American company. Crane specifically designs and manufactures mechanical seals, packing filtration systems, power transmission couplings, seal support systems and bearing isolators.

The plaintiff alleged his asbestos exposure caused his rare form of cancer with an extremely long latency period and currently has no specific cure. Asbestos is a naturally occurring substance that became increasingly popular during the industrial revolution and was commonly used in products like insulations, textiles, building materials and automotive parts such as brakes and clutches. However, studies conducted as early as the 1930s showed that prolonged exposure to these carcinogens caused several significant health problems such as asbestosis, lung cancer and mesothelioma. Schuderer died in June of 2009, and on November 12, 2010, after a two-week trial, the jury awarded a verdict of $1 million, comprised of $700,000 in compensatory damages and $300,000 for Jane Schuderer’s loss of consortium. The jury held Crane 60 percent liable, while the remaining 40 percent was apportioned to another defendant, Owens Corning Fiberglass.

Cooper Agrees to Pay $307.5 Million on Asbestos Settlement

(February 8, 2011)

Cooper Industries, an international manufacturer of electrical products and tools, agreed to pay $307.5 million to settle asbestos settlements with Pneumo Abex.

A Cooper unit from the chief operational offices at Houston, Texas, has agreed to comply with certain obligations to Pneumo Abex in relation to asbestos-related personal injury claims. On Monday, Cooper’s subsidiary agreed to pay $307.5 million to a mutual settlement trust.

The settlement resolves a lawsuit filed by Pneumo Abex, a former manufacturer of brake linings that contained asbestos, challenging a joint venture between Cooper and Danaher related to the company’s rights and obligations under a mutual guaranty agreement. Under the terms of the settlement, Pneumo Abex’s parent company and one of its affiliates will also have to contribute $5 million to the trust and $15 million back to PCT International Holdings’ subsidiary.

In recent years, a series of asbestos lawsuits have been filed against Pneumo Abex and a few other companies relating to asbestos exposure, which resulted in mesothelioma illnesses and deaths. According to the report, Pneumo Abex, a subsidiary of PCT, will continue to resolve these asbestos-related claims asserted against the company. The settlement trust, on the other hand, will cover all asbestos settlements charged to the two major companies involved.

asbestos is a naturally occurring substance that became increasingly popular in the 19th and 20th centuries 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, studies showed that prolonged exposure to high concentrations of asbestos fibers can cause several significant health problems such as asbestos cancer, asbestos cancer and mesothelioma.

Meanwhile, Cooper Industries has recorded accrual for contingent liability of pending, possible future legal responsibilities and defense costs. In addition, the company said that it will incur a pre-tax, non-cash gain after offsetting the estimated net liability.

94% of Power Plant Workers Exposed to Asbestos

(February 22, 2011)

A recent study showed that 94 percent of power plant workers have been exposed to asbestos due to the nature of their employment.

In a study that tracked 8,632 retired and active power plant employees of German power plants to analyze the extent of asbestos exposure, researchers found that 94 percent of these workers were exposed to a substantial amount of asbestos due to the breakdown of asbestos in the insulation of the power turbines or during the spraying of asbestos pulp while working.

Asbestos is a set of six naturally occurring minerals that were exploited commercially because of its desirable physical properties. Its use became more widespread during the industrial revolution, where it was used as insulation in the United States and Canada during the late 1980s. Later on, this material was commonly used in products like textile, building materials and automotive parts. However, studies conducted as early as the 1930s showed that prolonged exposure to these carcinogens can cause significant health problems such as asbestosis, asbestos cancer and mesothelioma. Mesothelioma is a rare form of cancer that affects the protective lining that covers the lungs, heart and abdomen. People who become ill from inhaling asbestos are often those who were exposed to the toxic substance in a day-to-day basis due to the nature of their employment.

Meanwhile, the findings of the study showed that air samples taken inside the power plant facilities contain 96 percent of chrysotile fibers, the most common form of asbestos, and is often present in a wide variety of manufactured products and materials. Researchers concluded that such conditions are potentially fatal to the power plant workers. In addition to poor ventilation and insufficient protective measures inside the workplace, such hazardous conditions heightened the risk of developing asbestos-related diseases and deaths.

(January 29, 2011) Several studies showed that mesotheliomaand lung cancer cases are significantly higher in automotive workers than the general population.

In a study performed by government-certified laboratories, two-thirds of randomly selected brake repair shops were discovered to have high levels of asbestos, which spanned six states throughout the country.

Home auto mechanics were also found to have high levels of asbestos due to lack of protective measures and the fact that the garages are poorly ventilated. Therefore, these facts contribute to a highly hazardous work environment. Researchers said there is a possibility of an increasing rate of asbestos-related cancer deaths among auto workers because of the wide use of these materials in the auto industry. Asbestos is most commonly used for brake and clutch repair work.

When mechanics remove damaged brake linings to clean the brake drum, the worker will now and then come in contact with asbestos fibers coming from the debris of the deteriorating pads. These toxic materials are also created during the grinding and beveling of new brakes or clutch gaskets during installations. Researchers said that long exposure with high concentrations of asbestos fibers can cause significant health problems like asbestosis, lung cancer and mesothelioma.

Pleural mesothelioma, one of the most common types of asbestos-related cancer, specifically affects the protective lining that covers the lungs. It developed when a person has inhaled toxic asbestos fibers. These fibers lodge in the lungs, damaging the pleura and eventually causing the development of malignant cancer. Latest statistics showed that approximately 580 cancer deaths were reported each year, which was directly linked to asbestos exposurein the auto industry.

The figure is expected to rise until an estimated peak around 2012. asbestos legal experts advised auto mechanics and workers to immediately inform their physicians of their exposure risk and seek regular medical exams to check for signs of asbestos-related diseases. For those who are already diagnosed with the disease, experts advised them to seek legal assistance from asbestos lawyers located near them.

(February 7, 2011) Researchers said that asbestos-related deaths are expected to rise in Libby, Montana, as the 15-40 year mesothelioma latency period runs its course.

According to the reports, the mesothelioma cases are expected to rise substantially as W.R. Grace, headquartered in Cambridge, Massachusetts, still operates today and has not yet been punished for its blatant disregard for human life.

Grace is a company that makes chemical and refining catalysts and other construction materials such as cements, air and vapor barriers and fire protection products that are specifically made out of asbestos-tainted vermiculite compounds. In 1963, it bought Zonolite, a branded trademark product made from vermiculite. Vermiculite, on the other hand, is a natural mineral that expands with the application of heat.

Although pure vermiculites were considered not hazardous, these Zonolite vermiculites are contaminated with high levels of tremolite asbestos, a particularly dangerous form of asbestos that when inhaled or ingested can manifest asbestos-related diseases such as asbestosis, lung cancer and mesothelioma. Tremolite asbestos was released from the vermiculite as dust during mining operation and explosions.

In 1999, a series of asbestos-related deaths and illnesses were reported at Grace’s former mine. U.S. federal government investigators found there was a high level of fibrous tremolite asbestos in the air samples, which is believed to have caused the ailments among Zonolite employees and their family members. Statistics showed that more than 274 area deaths were attributed to asbestos exposure, while seventeen percent were found to have pleural abnormalities.

Since May 2000, the U.S. Environmental Protection Agency (EPA) has spent over $120 million in Superfund money to clean up the asbestos-contaminated soils and other materials in the town of Libby and other neighboring areas. Eight years later, the federal agency launched an $8 million investigation, which resulted in $60 million mesothelioma settlements with an unspecified number of owners throughout the United States who used insulation products manufactured by Grace.

A recent study said that this current trend may continue to rise worldwide as people who are diagnosed with asbestos-related diseases increase through the next decade.

Analysts said that an estimated total cost of asbestos litigation in the U.S. alone is over $250 billion. On the other hand, asbestos lawyers said that recovery results may vary per client depending on the specific facts presented in the case. In addition, they said that recovery amounts in previous cases are not a guarantee of future results.

Asbestos is a toxic substance which was widely used in a variety of manufacturing and construction applications throughout the 19th and 20th century because of its sound absorption, flexibility, tensile strength, insulation properties and resistance to heat, electricity and chemical damage. In 1989, usage of this material was banned in the country after several campaigns proved its risk against public health and economy. Although some said that this substance will not pose any danger unless disturbed, long exposure to high concentrations of asbestos was still proved to be the cause of various significant health problems like asbestosis, lung cancer and mesothelioma.

Lawyers, who specialize in asbestos-related cases, said that a further increase in asbestos-related diseases and deaths is due to negligent corporations who ignored the risks of asbestos exposure among their workers and the surrounding community for a long time. A recent study showed that asbestos usage in 89 countries totaled in excess of 65 million metric tons from year 1920 through 1970. Asbestos lawyers said that the only way to stop this is to completely ban the asbestos industry.

(January 28, 2011) The owner of an asbestos removal company was facing a two-year imprisonment for failing to report over $500,000 of income on his taxes.

Michael J. Palmieri, the 55-year old co-owner of a company that specializes in asbestos abatement in Melrose Park, Illinois, was accused by the federal district court of tax fraud because of his failure to report $1.6 million in income and was instructed to pay over $205,000 into the Laborers Union pension fund.

In addition, he was also accused of failing to withhold taxes, which amounts to $546,000 in employee wages. According to the reports, Palmieri will have to publicly apologize for his actions and pay an additional $215,000 as a fine. In October 2010, Palmieri faced the same allegation where he pled guilty to one count of tax fraud and paid $458,000 in compensation as part of his plea agreement.

On the other hand, federal district court judge Suzanne Conlon said they have received more than 80 letters of support for Palmieri, asking for clemency due to his eye disease. One of the supporters, Monsignor Kenneth Velo of the Chicago Archdiocese, appeared in the courtroom to seek pardon for Palmieri. The presiding judge decided to give Palmieri six months of home confinement and three years of probation as a consideration to Palimieri’s health condition.

According to the report, in most cases in which the owners of asbestos removal companies are charged with tax fraud, it is also found that they have flaunted asbestos removal law as well. Studies showed that people who were exposed to high concentrations of asbestos on a daily basis were at risk of acquiring asbestos-related diseases such as asbestosis, lung cancer and mesothelioma. Studies have shown that asbestos exposure is even more unsafe when it is destroyed and disturbed, like in the case of Palmieri, whose work entirely involves removal of asbestos.

(January 28, 2011) Reports said Friday that an anti-asbestos group in Canada encouraged Quebec government to stop supporting asbestos exports to India.

Opposition leader Michael Ignatieff said in a statement that Canada must stop exporting asbestos, a toxic material commonly used for manufacturing materials such as roofing shingles, ceiling, floor tiles and cement products because of its fire-retardant and insulation properties.

Recent studies cautioned that when asbestos-containing materials are damaged or disturbed, microscopic fibers will become airborne and can be inhaled into the lungs, causing significant health problems attributed to the toxic substance. According to anti-asbestos campaigners, Balcorp spokesperson, Guy Versailles, announced Thursday they will join a mission to India next week to promote safe use of asbestos. Balcorp is a company engaged in international trade and marketing.

On Thursday, Versailles said they will encourage Indian companies to import their asbestos from Quebec and generate revenue for the provincial economy. He added that it will make it easier for other asbestos companies to export their products. Kathleen Ruff of the anti-asbestos group from Rideau Institute believed it will be impossible to regulate safe use of asbestos throughout India because working conditions are so poor.

She said that when the asbestos cement products are dispersed, villagers will be put at great risk posing significant health problems attributed to asbestos exposure. Studies showed that long exposure to high concentrations of asbestos fibers caused diseases such as asbestosis, lung cancer and malignant mesothelioma. Mesothelioma is a rare form of cancer that affects the protective lining covering the internal body organs.

Meanwhile, Ignatieff said that it will be crucial for the Canadian government to help asbestos workers find employment in another industry. Balcorp, on the other hand, said they are considering paying for routine inspections in India to make sure the workers are protected from possible health problems.

(February 01, 2011) Reports said that thirty percent of all Americans who are diagnosed with mesothelioma cancer are veterans with a survival period of less than two years.

According to the report, U.S. veterans who fought in an era before the government regulated the use of asbestos were exposed to dangerous levels in all of the domestic bases that were used for training prior to overseas assignment.

Asbestos, a naturally occurring substance, became increasingly popular during the 19th and 20th centuries among the manufacturers and builders because of its sound absorption, average tensile strength, and its resistance to heat, electrical and chemical damages. However, researchers said that asbestos exposure becomes a health concern when high concentrations of asbestos fibers are inhaled over a long period of time. People exposed to this carcinogen on a daily basis often times developed significant health problems.

Meanwhile, all of the military facilities at that time were built when asbestos products were the standard for insulation, which includes flooring, ceiling and roofing materials. For instance, the United States Navy used asbestos insulation in every ship that was commissioned from about 1930 through the Vietnam War era. Archives showed that sailors on those ships were exposed to asbestos in the engine room and among the miles of pipes that were wrapped with asbestos aboard the larger ships.

To date, asbestos exposure among the U.S. veterans has proved fatal as most of them were diagnosed with diseases directly attributed to asbestos. The Veteran Affairs (VA), the United States’ second largest department with a total budget of about $87.6 billion in 2009, is cautious about granting disability to any veteran who suffers from mesothelioma, but with asbestos diseases there is also the option of filing liability claims against the asbestos companies. Mesothelioma lawyers are calling for all veterans who were diagnosed with mesothelioma or any other asbestos related diseases to file their claims for compensation from these asbestos companies.

(January 30, 2011) Reports said Sunday that school employees from a New South Wales high school got ill after coming in contact with asbestos-containing materials.

According to the reports, a Central Coast contractor, who was installing IT cables under the Digital Education Revolution at the Gosford High School, allegedly set his foot through a ceiling panel. After coming down from the ceiling, the contractor who was covered with dust forcefully patted himself down in close proximity to the deputy principal, head teacher and the general assistant.

In the incident report, the teacher said that the contractor asked for cleaning materials, and then swept up the dust below the break in the ceiling. The school administration immediately reported the incident and based on the findings of the air monitoring officials, asbestos particles were confirmed to be present in the room. Authorities said that the room had to be decontaminated.

After weeks of exposure, staff members started complaining of chest discomfort and breathing difficulties. Several other cases of asbestos exposurewere also reported in the Department of Education and Training. Documents obtained under Freedom of Information show that thirty-two asbestos-related incidents were reported.

Katoomba North Public School in Blue Mountains, west of Sydney, reported nine incidents while Glendale East Public School at Newcastle had five incidents. Reports said that a number of Glendale staff complained of chest pains after they were exposed to asbestos. Witnesses said that burglars allegedly broke into the premises and smashed a large hole in the office wall, which was believed to have asbestos fibers.

Asbestos became increasingly popular in the 19th and 20th centuries for many manufacturers and builders because of its fire-retardant and insulation properties, which is best for materials used in building homes and infrastructures. However, long exposure to asbestos fibers can later cause diseases like asbestosis, lung cancer and mesothelioma. Moss Vale High School in the Southern Highlands had three incidents, while Tweed Heads Public School on the Far North Coast reported three incidents.