Big Verdicts

Asbestos Causes Cancer. . . Even in Japan

Deaths from mesothelioma, a rare cancer often caused by asbestos exposure, almost doubled to a record 953 in 2004 from 500 in 1995, according to government statistics.

The death toll for 2004 rose by 75 from 2003, according to the revised population statistics compiled by the Health, Labor and Welfare Ministry.

Despite the large number of deaths reported for 2004, workers' compensation data shows that the government recognized that year only 127 people, or 13 percent, as having mesothelioma that was work-related, although most of the 953 victims are believed to have developed the disease due to asbestos-related work.

Jury Awards Over $2.8 Million to Carpenter With Asbestosis

The plaintiffs bar continues to prevail. . .

A San Francisco jury awarded Harold Phelps and his wife Neva over $2.8 million in damages because of Mr. Phelps’ on-the-job exposure to asbestos (Harold and Neva Phelps v. Hamilton Materials, Inc, San Francisco Superior Court, Case #433734).

Mr. Phelps, who is 77 years old, suffers from terminal asbestosis, which is a painful scarring of the lungs. He is dependant on oxygen 24 hours a day. The Las Cruces, New Mexico, resident had to be driven to San Francisco for the trial because the airlines would not allow his liquid oxygen on board the plane.

Mr. Phelps worked as a mechanic, laborer and carpenter. He was likely first exposed to asbestos as a child when he delivered lunch to his father at work in a locomotive roundhouse. Mr. Phelps was later exposed to asbestos during his years in the U.S. Navy and the U.S. Army, while working in the construction industry, and while working as a mechanic replacing automotive brakes, clutches and engines.

At no time during his career was Mr. Phelps advised to wear any form of respiratory protection. Hamilton Materials, the defendant, manufactured asbestos drywall finishing materials that Mr. Phelps was exposed to during his work as a carpenter and laborer.

The trial lasted just over three weeks and was presided over by the Honorable James McBride. The jury deliberated for five days before finding Hamilton Materials liable. They determined that Hamilton Materials products were defectively designed, that the company had failed to provide adequate warnings, and that it wa negligent.

Christopher E. Andreas of Brayton Purcell represented Mr. Phelps. “The jury members were very touched by the Phelps’ predicament,” Mr. Andreas commented. “The couple has been happily married for over 57 years. A number of jurors even went so far as to request the Phelps’ address so that they could write to them. As one juror put it...‘this was one of the most unique and amazing experiences I have ever had.’”

County Sues Untilty for Improper Asbestos Removal

In Lemon Grove an area in San Diego, California a Utility has been sued for stripping asbestos containing from a 16 acre facility.  Alledgedly, the County is seeking about a half of million in damages.

It "didn't comply with the law," she said. "It stripped this material off and turned it into dust. We are talking tons."

Sempra spokesman Peter Hidalgo said the lawsuit against the utility has no merit.

"The Encanto site is safe today and has been safe since the excavation work began in the year 2000," he said.

It has been awhile, but we're back!

Look for many, many new posts to come. . .

Amazing W.R. Grace - Seven Mining Executives Indicted For Conspiring To Hide Health Problem With Their Asbestos Mine in Libby, Montana

A grand jury indictment accuses the company of exposing its employees to asbestos, failing to disclose air monitoring results, interfering with an investigation by the Environmental Protection Agency (EPA), and giving away asbestos–containing materials to schools and local residents. Charges include clean–air act violations and wire fraud as well as conspiracy.

The Libby mine, in operation from 1939 to 1992, once produced 80% of the world supply. It was purchased by Grace in 1963.


From 1963 through 1990, Grace operated a vermiculite mine in Libby that was contaminated with asbestos. Used in soil conditioners and insulation, vermiculite is a metal ore that can be heated to form a light–weight, fire–resistant substance. The Libby vermiculite was shipped to factories throughout the nation, endangering workers who were exposed to asbestos during processing. It was formulated into a type of insulation that may be contained in millions of homes.

The indictment indicates that W.R. Grace knew that the mine contained deadly asbestos which is known to cause mesothelioma. The L.A. Times indicates the following events are alleged in the complaint.

According to a 1976 memo citing statistics from Henry A. Eschenbach, a director of health, safety and toxicology in Grace's industrial chemical group, 63% of Libby mine employees with more than 10 years of service tested positive for lung ailments.

In 1978, Eschenbach, one of the indicted men, received a report from an epidemiology firm Grace hired: It concluded there were "a number of quite young individuals with obvious asbestos disease" at the mine.

On Nov. 26, 1980, according to the indictment, a memo for discussion among senior Grace executives laid out options.

The first option was to "obstruct and block, possibly even contesting in the courts." But, the memo added, "we'd lose and this is not exactly the image we try to project."

The second option was among those favored: "Be slow, review things extensively and contribute to delay. This might not be bad policy generally and it is possible that the new administration's policies will make NIOSH more selective in how scarce resources are allocated after January 20, 1981."

That was the date of the presidential inauguration of Ronald Reagan, who had campaigned against overzealous and cumbersome regulation of industry; the indictment charges company officials with obstructing an investigation by NIOSH, the National Institute of Occupational Safety and Health.

In a 1982 memo, the indictment said, Eschenbach reported on a study of 66 death certificates of employees: "Our major problem is death from respiratory cancer. This is no surprise."

In 1983, mine officials decided against requiring workers to shower and change out of a uniform, a proposed means to minimize "take-home dust." A memo from one defendant said it would "only cause unwarranted fear or concern" in Libby.

Looks like the Amazing W.R. Grace has a tough road ahead of them.

Advocate Mines, Ltd. Hit For 1.25 Million

According to this press release Brayton Purcell just won a 1.25 million verdict against Advocate Mines, Ltd. for selling transite asbestos pipe without a warning.  A San Francisco jury unanimously awarded a pipe fitter for his on the job contact with the transite asbestos pipe.  The release also indicates that Advocate Mines acted with "malice or oppression" in is manufacture, marketing or sale of the product.

Test

Test

Taking Stock in Abestos Companies

MSN Money features an interesting article on the effect asbestos lawsuits and the rumor of the trust passing has had on stock prices.  This author feels that the trust has only a 50/50 chance of passing this year.  Read more. . .

Surprise . . . Suuprise

The Houston Chronicle Reports:

President Bush called Friday for federal curbs on asbestos lawsuits, which he said are driving businesses into bankruptcy and denying some victims swift compensation.

"It's not fair to those who are getting sued, and it's not fair for those who justly deserve compensation," said Bush, appearing at a performing arts center just north of Detroit. "These asbestos suits have bankrupted a lot of companies, and that affects the workers here in Michigan and around the country."

US Insurers Mulling Asbestos Reform Approach

WASHINGTON - Large commercial insurers are evaluating whether a no-fault trust fund for U.S. asbestos victims can work or whether they favor another legislative approach as a new, more Republican Congress convenes next year, a spokeswoman said on Thursday.

Better bring your claim if you've got one becuase the trust is a comin'.