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.

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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.

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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.

 

Jill Bolstridge killed by asbestos on husband’s clothes

Quoted from http://www.thisisderbyshire.co.uk/Wife-killed-asbestos-husband-s-clothes/story-15317060-detail/story.html

Wife killed by asbestos on husband’s clothes

Saturday, February 25, 2012

Derby Telegraph

A WIFE who washed her husband’s asbestos-covered work clothes for a decade died because she was exposed to the deadly dust – even though he was not affected.

Every week, Jill Bolstridge would shake off the dirt from overalls worn by her husband James – who worked at Derby engineering firm S Robinson and Sons – before putting them in the washing machine.

The 56-year-old had been in good health until last May, when she started becoming out of breath and was given an inhaler, an inquest heard.

Doctors confirmed she was suffering from a malignant mesothelioma of the pleura – an asbestos-related cancer affecting the lining of the lungs – and she had major surgery.

But Mrs Bolstridge, of Athol Close, Sinfin, died in October, two days after her family helped her put together a statement about her condition – which was read out at the inquest….

South Derbyshire Coroner’s Court heard how Mr Bolstridge started working at the construction company, off Ascot Drive, in 1981. He told the inquest his job initially included sweeping up in the asbestos yard and moving asbestos sheeting.

He was later promoted and worked on a press indoors but his work bench was near doors to the yard and, he said, dust would blow through and settle on his bench.

He described how early in his career he would go to work in his old clothes before he was later supplied with a one-piece overall.

Mr Bolstridge, 62, said: “There was no cleaning system. It was a matter of taking them home and my wife used to clean them for me.”

In later years, he said, this was changed so that overalls were sent to cleaners in Nottingham but, for 10 years, his wife washed them.

“She shook them to get as much of the dust off as possible before putting them in the washing machine,” he recalled.

The inquest also heard how Mr Bolstridge would take off his clothes in the kitchen and Mrs Bolstridge would shake them before putting them in the washer.

In her statement, which was read out at the court, Mrs Bolstridge said the clothes were “dirty and dusty”.

She said: “I could easily have inhaled some of the dust from Jim’s working clothes.

“Thinking about this in detail now, my face would not be far away from the clothes I was shaking. I did this week in, week out, for years.”

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Ex-Naval Ship Workers Sue Over Asbestos Claims

Quoted from http://blogs.wsj.com/bankruptcy/2012/02/15/ex-naval-ship-workers-sue-over-asbestos-claims

  • February 15, 2012, 3:43 PM

Ex-Naval Ship Workers Sue Over Asbestos Claims

By Jacqueline Palank

Wall Street Journal Bankruptcy Blog

Several people seeking compensation for diseases and death due to asbestos exposure on U.S. naval ships say those responsible for issuing payment are unfairly discriminating against them because they aren’t U.S. citizens.

The allegations form the basis for a newly filed lawsuit related to the 1982 bankruptcy of Johns Manville Corp., a manufacturer of building products that used Chapter 11 to resolve a wave of litigation by people claiming to have become ill from the asbestos in its products.

The latest suit, filed Tuesday in Manhattan bankruptcy court, concerns asbestos-related illnesses contracted by men from England, Greece and Malta who worked on active-duty U.S. warships docked in their home countries as well as in places like Hawaii’s Pearl Harbor and Virginia’s Norfolk Naval Shipyard. Some of the men died from their illnesses, which include malignant mesothelioma, asbestosis and gastrointestinal cancer.

Each man (or his representative) filed a claim against a trust set up to compensate those who became ill from Johns Manville’s products. The men say their illnesses resulted from their exposure to the asbestos dust and fibers contained in Johns Manville products found in the U.S. naval ships’ boiler rooms, engine rooms and other confined areas. They say the trust has wrongly concluded that their exposure occurred off U.S. soil.

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N.C. couple names 73 defendants in asbestos case

Quoted from http://www.wvrecord.com/news/241783-n.c.-couple-names-73-defendants-in-asbestos-case

N.C. couple names 73 defendants in asbestos case

2/13/2012 8:33 AM

By Kyla Asbury -Kanawha Bureau

CHARLESTON — A Stanley, N.C., couple is suing 73 companies they claim are responsible for a mesothelioma diagnosis.

On Aug. 13, 2010, Sidney William Mauney was diagnosed with mesothelioma, according to a complaint filed Jan. 23 in Kanawha Circuit Court.

Mauney claims he was exposed to asbestos and/or asbestos-containing products during his employment as an insulator from 1956 until 1993.

The defendants knew or should have known that exposure to asbestos could cause harm to Mauney, according to the suit….

The 73 defendants named in the suit are 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Air & Liquid Systems Corporation; American Electric Power; American Electric Power Service Corporation; Appalachian Power Company; Bechtel Corporation; Brand Insulations, Inc.; Burlington Industries, Inc.; BW IP, Inc.; Carolina Power & Light Company; Carrier Corporation; Catalytic Construction Company; Certainteed Corporation; Cleaver-Brooks, Inc.; Crane Co.; Crown, Cork & Seal USA, Inc.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright; Fluor Corporation; Flowserve US Inc., individually and as successor to Edward Valves Inc. and Nordstrom Valves, Inc.; Flowservc US, Inc. f/k/a Durco International, Inc.; Flowservc US, Inc. f/k/a Flowserve FSD Corporation; Fluor Enterprises, Inc.; FMC Corporation; Gordon Gasket & Packing Co.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; National Service Industries Venture, Inc.; Nitro Industrial Coverings, Inc.; O.C. Keckley Company; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; PPG Industries, Inc.; Rapid American Corporation; Riley Power Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Superior Boiler Works, Inc.; Tasco Insulations, Inc.; The Gage Company; The William Powell Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Conveyer Corporation; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Weil-McLain Company; Yarway Corporation; Zenith Pumps; and Zurn Industries, Inc.

Widow in compensation bid over asbestos death

Quoted from http://www.eastbourneherald.co.uk/news/local-news/widow_in_compensation_bid_over_asbestos_death_1_3497585

Widow in compensation bid over asbestos death

Published on Thursday 9 February 2012 10:00

AN EASTBOURNE woman whose partner died from a cancer linked to asbestos has launched a legal battle for compensation of up to £150,000.

Gerald Giles, 81, died from malignant mesothelioma, a cancer of the tissues surrounding his lungs, after being exposed to asbestos to work.

Now his partner Marion Collins is demanding damages from his former employers Nicholls and Shoosmith, of Blackboys, Uckfield.

Mr Giles was exposed to deadly asbestos dust and fibres when he worked for the company as an apprentice carpenter in the 40s and 50s, according to a High Court writ.

He helped put up new asbestos corrugated roofs on garages, industrial buildings and farms, and ripped off old asbestos with a crowbar, dropping the pieces onto the ground where he smashed them up with a hammer and shovelled them into a truck, the writ says.

This produced clouds of asbestos dust, which hung around in the air, and asbestos dust and fibres covered his hair and clothes, it is alleged.

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Small steps to offset suffering

Quoted from http://www.dailyinterlake.com/opinion/editorials/article_e483d9b8-4ef6-11e1-9ed7-001871e3ce6c.html

Small steps to offset suffering

Posted: Saturday, February 4, 2012 10:06 pm

 

After nearly 11 years, W.R. Grace & Co. is emerging from the cocoon of bankruptcy court where it sought financial protection while Libby asbestos victims got sicker and many died through the years.

Grace filed for bankruptcy in 2001 as personal injury claims from asbestos victims began stacking up. Once that happened, many figured they’d never see a cent in compensation from the corporate giant.

Finally, after all that time, a $19.5 million settlement with Libby victims was announced last week. The money will be transferred to a local Libby Medical Plan Trust that will accept current members of Grace’s medical program for Libby patients. It’s not nearly enough money to take care of the massive health-care costs people poisoned by Grace’s former vermiculite mine at Libby will incur during the course of their prolonged and painful illnesses, but it is literally “better than nothing.”

With a latency period of up to 40 years before the effects of asbestos exposure take effect, who knows how many more Libby area residents will be diagnosed? Grace closed the vermiculite mine 22 years ago. At this point the Center for Asbestos Related Disease, or CARD clinic in Libby has a caseload of more than 2,800 patients with varying degrees of asbestos disease and continues to add new patients.

 

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Asbestos widow suing Alcoa

Quoted from http://news.smh.com.au/breaking-news-national/asbestos-widow-suing-alcoa-20120208-1re6s.html

Asbestos widow suing Alcoa

Daniel Fogarty

February 8, 2012 – 6:44PM

AAP

Aluminium producer Alcoa would have known of the dangers of asbestos when a man who has since died of mesothelioma worked with the substance at its Geelong plant in the 1960s, a court has been told.

David Grant, 82, had been an active, happy and outgoing man until about six months before he died in July 2010, the Victorian Supreme Court heard on Wednesday.

Mr Grant was exposed to asbestos dust and fibres while he worked on construction of the Alcoa Point Henry smelter plant between 1962 and 1964, his barrister Jack Rush, QC, told jurors.

Mr Grant’s widow Margaret Grant is suing Alcoa of Australia Limited for damages for loss of enjoyment of life and medical costs.

[Article continues at original source]

U.S. district court approves W.R. Grace’s reorganization plan

Quoted from http://www.reuters.com/article/2012/01/31/wrgrace-reorganization-idUSL4E8CV6X720120131

 

U.S. district court approves W.R. Grace’s reorganization plan

Tue Jan 31, 2012 10:52am EST

Jan 31 (Reuters) – W. R. Grace & Co said its reorganization plan has been approved by the U.S. district court of Delaware, clearing a major hurdle for the chemical and building products maker to emerge from its decade-long bankruptcy protection.

Grace filed for Chapter 11 bankruptcy in April 2001, weighed down by asbestos-related claims. A bankruptcy court confirmed its reorganization plan exactly a year ago.

The reorganization plan calls for setting up two asbestos trusts to compensate personal injury claimants and property owners, Grace said in a statement on Tuesday.

[Article continues at original source]

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