Asbestos victims claim some justice in James Hardie ruling

Quoted from http://www.abc.net.au/7.30/content/2012/s3495057.htm

 

Asbestos victims claim some justice in James Hardie ruling

 

Australian Broadcasting Corporation

Broadcast: 03/05/2012

Reporter: Matt Peacock

Australia’s highest court has found seven directors of former asbestos manufacturer James Hardie guilty of breaches over the company’s asbestos compensation fund.

Transcript

CHRIS UHLMANN, PRESENTER: It’s been a long and bitter journey, but today the High Court ruled that seven former James Hardie directors broke the law by making a misleading statement about the company’s asbestos compensation fund.

The decision is a major victory for the corporate regulator. But asbestos victims say justice has still not been done and that there’s still nothing in law to stop companies from hiding behind the corporate veil.

Matt Peacock has been covering the James Hardie saga since the 1970′s and he filed this report.

MATT PEACOCK, REPORTER: 11 years on, Australia’s highest court finds the directors of the former asbestos manufacturer guilty.

SERAFINA SALUCCI, MESOTHELIOMA SUFFERER: Obviously I’m pleased. I think it just sends a message that companies and corporations can’t get away with doing whatever they think they can get away with.

GREG MEDCRAFT, ASIC CHAIRMAN: No person is beyond the law. And Australians would expect nothing less from us.

TANYA SEGELOV, BERNIE BANTON’S LAWYER: Finally there is some justice for asbestos victims. A small amount of justice, but justice nevertheless.

[Article continues at original source]

Radical Pleurectomy and Intraoperative Photodynamic Therapy for Malignant Pleural Mesothelioma

Quoted from http://ats.ctsnetjournals.org/cgi/content/abstract/93/5/1658?maxtoshow=&HITS=10&hits=6&RESULTFORMAT=&andorexacttitleabs=and&fulltext=mesothelioma&andorexactfulltext=and&searchid=1&usestrictdates=yes&resourcetype=HWCIT&ct

Radical Pleurectomy and Intraoperative Photodynamic Therapy for Malignant Pleural Mesothelioma

Joseph S. Friedberg, MDa,*, Melissa J. Culligan, BSNa, Rosemarie Mick, MSc, James Stevenson, MDe, Stephen M. Hahn, MDb, Daniel Sterman, MDd, Salman Punekar, MDb, Eli Glatstein, MDb, Keith Cengel, MD, PhDb

a Division of Thoracic Surgery, University of Pennsylvania, Philadelphia, Pennsylvania
b Department of Radiation Oncology, University of Pennsylvania, Philadelphia, Pennsylvania
c Department of Biostatistics and Epidemiology, University of Pennsylvania, Philadelphia, Pennsylvania
d Division of Pulmonary and Critical Care Medicine, University of Pennsylvania, Philadelphia, Pennsylvania
e Division of Hematology and Oncology, University of Pennsylvania, Philadelphia, Pennsylvania

Accepted for publication February 6, 2012.

* Address correspondence to Dr Friedberg, Penn-Presbyterian Medical Center, 51 N 39th St, Wright-Saunders Building, Ste 250, Philadelphia, PA 19104 (Email: joseph.friedberg@uphs.upenn.edu ).

Presented at the Forty-seventh Annual Meeting of The Society of Thoracic Surgeons, San Diego, CA, Jan 31–Feb 2, 2011.

Background: Radical pleurectomy (RP) for mesothelioma is often considered either technically unfeasible or an operation limited to patients who would not tolerate a pneumonectomy. The purpose of this study was to review our experience using RP and intraoperative photodynamic therapy (PDT) for mesothelioma.

Methods: Thirty-eight patients (42–81 years) underwent RP-PDT. Thirty five of 38 (92%) patients also received systemic therapy. Standard statistical techniques were used for analysis.

Results: Thirty seven of 38 (97%) patients had stage III/IV cancer (according to the American Joint Committee on Cancer [AJCC manual 7th Edition, 2010]) and 7/38 (18%) patients had nonepithelial subtypes. Macroscopic complete resection was achieved in 37/38 (97%) patients. There was 1 postoperative mortality (stroke). At a median follow-up of 34.4 months, the median survival was 31.7 months for all 38 patients, 41.2 months for the 31/38 (82%) patients with epithelial subtypes, and 6.8 months for the 7/38 (18%) patients with nonepithelial subtypes. Median progression-free survival (PFS) was 9.6, 15.1, and 4.8 months, respectively. The median survival and PFS for the 20/31 (64%) patients with N2 epithelial disease were 31.7 and 15.1 months, respectively.

Conclusions: It was possible to achieve a macroscopic complete resection using lung-sparing surgery in 97% of these patients with stage III/IV disease. The survival we observed with this approach was unusually long for the patients with the epithelial subtype but, interestingly, the PFS was not. The reason for this prolonged survival despite recurrence is not clear but is potentially related to preservation of the lung or some PDT-induced effect, or both. We conclude that the results of this lung-sparing approach are safe, encouraging, and warrant further investigation.

Mesothelioma patients deserve better than wasteful legal games

Quoted from http://www.latimes.com/business/la-fi-hiltzik-20120422,0,1097806.column

Mesothelioma victims deserve better than wasteful legal maneuvers

The macabre zero-sum game squanders millions of dollars and blights the mesothelioma patients’ final days. The obvious alternative is to deal with asbestos claims administratively.

John Johnson

A video still shows John Johnson during the 12th day of his deposition in his asbestos-exposure lawsuit. Johnson collapsed within 40 minutes of answering the final question, and he died the next day. (April 19, 2012)

 

By Michael Hiltzik

April 22, 2012

 

John Johnson died three months ago, his body racked with malignant mesothelioma, a disease that’s almost always caused by asbestos exposure. The Marine veteran had sued dozens of companies he believed shared responsibility for his condition, but he never got his day in court.

Here’s the horrific question now: Did asbestos industry lawyers deliberately drive Johnson to his death by putting him through a brutal series of depositions so their clients would save money?

That’s what his family, his doctor and his lawyers assert. Despite affidavits from his doctor stating that 12 hours of depositions over a few weeks would be about as much as the 69-year-old’s health could stand, a Los Angeles Superior Court judge allowed the companies he was suing a total of 25 hours.

Johnson put off returning to the hospital so he could appear at every session, including the last, on Jan. 23. His face contorted in pain, he gasped out answers to questions from the last of the dozens of defense attorneys in attendance. Less than 40 minutes later, he collapsed.

[Article continues at original source]

Pfizer Isn’t Shielded From Some Asbestos Claims, Court Rules

Quoted from http://www.bloomberg.com/news/2012-04-10/pfizer-isn-t-shielded-from-some-asbestos-claims-court-rules.html

Pfizer Isn’t Shielded From Some Asbestos Claims, Court Rules

By Tiffany Kary and Bob Van Voris – Apr 10, 2012 1:48 PM ET

Pfizer Inc. (PFE) isn’t entitled to protection from some asbestos claims related to its non- operating bankrupt Quigley Co. unit, according to a federal appeals court ruling.

Quigley, founded in 1916, made three products for the steel industry from the 1940s to the 1970s that contained asbestos. Pfizer bought Quigley in 1968, and the company stopped most operations in 1992, filing for bankruptcy in 2004. Pfizer has said it never made or sold any Quigley products, and some claimants hadn’t released Pfizer from alleged “derivative liability.”

U.S. Bankruptcy Judge Stuart Bernstein that found Quigley’s bankruptcy barred certain lawsuits against Pfizer. A May 2011 decision in district court reversed the order, and Pfizer had appealed that ruling.

[Article continues at original source]

New judge revamps asbestos court: U.S. Chamber of Commerce applauds end of ‘asbestos lawsuit futures market’

Quoted from http://www.bnd.com/2012/03/31/2122921/new-judge-revamps-asbestos-court.html

New judge revamps asbestos court: U.S. Chamber of Commerce applauds end of ‘asbestos lawsuit futures market’

BY KEVIN BERSETT Belleville News-Democrat

Saturday, Mar. 31, 2012

A Madison County judge has ended a system that allowed plaintiff firms in asbestos cases to reserve trial dates before a case had even been filed.

Associate Judge Clarence Harrison’s order Thursday overturned a preliminary order assigning 2013 trial slots that was signed last year by Circuit Judge Barbara Crowder. Crowder was removed from the asbestos docket after her campaign received $30,000 in donations from three plaintiff firms that were awarded the majority of next year’s trial slots.

“The court finds no continuing need for the pre-assignment of trial settings,” Harrison wrote.

Harrison’s order calls for trials to be set by motion on a case-by-case basis and preference to be given to the elderly and the dying.

Harrison could not be reached for comment Friday. Chief Judge Ann Callis would not comment on the order other than to confirm that it followed a hearing Monday at which plaintiff and defense lawyers gave their views on the issue.

[Article continues at original source]

Asbestos now affecting third wave of victims

Quoted from http://www.smh.com.au/national/health/asbestos-now-affecting-third-wave-of-victims-20120330-1w25r.html

Asbestos now affecting third wave of victims

Stephanie Gardiner

March 30, 2012 – 1:41PM

Asbestos ... the number of mesothelioma sufferers continues to rise.

Asbestos … the number of mesothelioma sufferers continues to rise. Photo: Peter Rae

 

Adventurer Lincoln Hall famously defied death on the world’s highest mountain, but what eventually caused his demise was something so small he could not even see it.

Mr Hall, 56, famous for his Mount Everest expeditions and his near death experience below the summit in 2006, died last week from mesothelioma, linked to asbestos cement flat sheets used to build cubby houses with his father as a child.

Mr Hall was part of what is known as the third wave of mesothelioma sufferers; those who were exposed to asbestos fibres not as miners or workers, but as “bystanders”.

[Article continues at original source]

Secondhand asbestos suit sent back to Madison County

Quoted from http://www.legalnewsline.com/news/235610-secondhand-asbestos-suit-sent-back-to-madison-county

  story date

Secondhand asbestos suit sent back to Madison County

BY ANN MAHER

MONDAY, MARCH 26, 2012 1:38:00 PM

 

SPRINGFIELD, Ill. (Legal Newsline) – The Illinois Supreme Court has remanded a secondhand asbestos exposure case to Madison County to decide whether CSX Transportation had a duty of care to a railroad worker’s wife who suffered from mesothelioma.

In a 4-2 split decision where conservative justices sided with the injured plaintiff and liberal justices sided with the accused business, the high court upheld the Fifth District which had reversed former Madison County Circuit Judge Daniel Stack’s decision to dismiss Annette Simpkins’ lawsuit, for different reasons involving duty.

Justice Rita Garman, for the majority, wrote that the court cannot assess the existence of a duty without further facts.

“Because foreseeability is such an integral factor to the existence of duty and because the weight to be accorded to that foreseeability (as well as to the other factors) depends on the particular circumstances of the case, without more detailed pleadings we cannot determine whether, if all well-pled facts are taken as true, a duty of care ran from defendant to plaintiff in this case,” Garman wrote.

[Article continues at original source]

Families win landmark ruling on £600m asbestos compensation

Quoted from http://www.independent.co.uk/news/uk/home-news/families-win-landmark-ruling-on-600m-asbestos-compensation-7584590.html

Families win landmark ruling on £600m asbestos compensation

Supreme Court victory for IoS campaign to force insurance industry to honour victims’ claims

Emily Dugan Author Biography

Sunday 25 March 2012

Thousands of families whose relatives were killed by asbestos cancers will win a landmark compensation victory this week, sources have told The Independent on Sunday. The Supreme Court will rule on Wednesday that insurers who offered cover at the time victims inhaled the deadly fibres will have to pay compensation.

Four insurance companies have been fighting to minimise payouts to 6,000 families who have a member who has died or is suffering from mesothelioma, a cancer resulting from exposure to asbestos. Once the court rules against the insurers, the compensation bill could be in excess of £600m. If you include future claims that will be brought, up to 25,000 families could be affected by the ruling, pushing the potential bill to £5bn.

The Independent on Sunday has been campaigning since 2009 for insurance companies to pay out to victims whose firms they supposedly covered when they were negligently exposed to asbestos dust.

The test case, which has gone to the High Court and the Court of Appeal, has been running since 2006 and is one of the most protracted in legal history. Most of the cancer patients affected by its ruling have now died, and it is their relatives who have been waiting on the result.

Asbestos exposure is the biggest killer in the British workplace, causing more than 4,000 deaths every year – more than road traffic accidents. The fibres can be in a person’s lungs for half a century before causing cancer, so that deaths in the UK are not expected to peak until 2016.

[Article continues at original source]

Judge Frees Travelers From Big Payout for Manville Asbestos Creditors – Bankruptcy Beat – WSJ

Quoted from http://blogs.wsj.com/bankruptcy/2012/03/05/judge-frees-travelers-from-big-payout-for-manville-asbestos-creditors/

Judge Frees Travelers From Big Payout for Manville Asbestos Creditors

  • WSJ – Bankruptcy Beat
  • March 5, 2012, 3:35 PM

By Jacqueline Palank

A federal judge recently freed insurer Travelers from obligations to pay out $510 million in long-running litigation over asbestos liabilities in the three-decade-old bankruptcy of Johns Manville Corp.

Under settlements struck nearly a decade ago, Travelers agreed to pay $445 million to individuals who said they were injured after being exposed to asbestos in Manville’s insulation and other building products. According to Bloomberg, U.S. District Judge John G. Koeltl last week ruled that Travelers doesn’t have to make these payments, or another $65 million in interest, because a condition of the deals wasn’t met.

“Because a condition precedent in the settlement agreements was not satisfied, it was error to require Travelers to make the settlement payments,” Koeltl said, referring to the 2011 bankruptcy-court ruling he said was wrong to keep Travelers on the hook.

[Article continues at original source]

US High Court Blocks Asbestos Injury Lawsuit In Locomotive Case

Quoted from http://online.wsj.com/article/BT-CO-20120229-714112.html

 

US High Court Blocks Asbestos Injury Lawsuit In Locomotive Case

By Brent Kendall Of DOW JONES NEWSWIRES

WASHINGTON (Dow Jones)–The U.S. Supreme Court ruled Wednesday that railroad maintenance workers can’t bring state-law personal injury lawsuits against locomotive equipment manufacturers for alleged asbestos-related injuries.

The court, in an opinion by Justice Clarence Thomas, said such lawsuits are preempted by a federal rail-safety law, the Locomotive Inspection Act.

The ruling barred a Pennsylvania lawsuit by the family of a railroad worker allegedly exposed to asbestos while working with locomotive brake shoes and insulation. The employee, George Corson, died after the lawsuit was filed.

The Corson family originally sued several defendants, though many were no longer a part of the case. Two remaining defendants were Railroad Friction Products Corp., a subsidiary of Westinghouse Air Brake Technologies Corp., and Viad Corp. (VVI).

Lawyers for the Corson family had argued a ruling for the companies could leave injured rail workers without legal remedies against equipment manufacturers. The Obama administration had filed a legal brief supporting rail workers’ right to sue, at least in some circumstances.

General Electric Co. (GE), a leading manufacturer of diesel-electric locomotives, and the National Association of Manufacturers were among several trade groups and companies that filed court briefs supporting the company defendants.

Three justices dissented in part to the court’s ruling. The dissenters would have allowed some of the plaintiffs’ claims to proceed.

The case is Kurns v. Railroad Friction Products Corp., 10-879.

 

Law Offices of Thomas J. Lamb, P.A.
1908 Eastwood Road, Suite 225
Wilmington, NC 28403
Tel: (800) 426-9535
Email@LambLawOffice.com
Disclaimer and Copyright