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Archive for November, 2009

Asbestos suit filed against 38 companies

Wednesday, November 25th, 2009

A Texas man has filed suit against 38 corporations, arguing that they are to blame for his asbestos-related illness. The man, Cleveland J. Savoy, says that during the course of his career as a carpenter, he was exposed to products that contained asbestos, a material linked to the development of mesothelioma, a rare form of cancer.

Asbestos exposure can also lead to asbestosis, pleural plaques, and lung cancer. Mesothelioma affects less than 3,000 Americans each year, and the disease can progress rapidly after being diagnosed. The majority of patients lose their battle with this form of cancer in less than two years after being diagnosed.

This is the second asbestos lawsuit Savoy has filed against the companies. The former suit claims a different asbestos-related illness. According to Savoy, the companies were negligent inasmuch that they failed to adequately test the asbestos-laden products they were selling, and also failed to release the information related to health risks associated with asbestos exposure.

The 38 companies named in the lawsuit include the following: A.O. Smith Corp., A.W. Chesterton Co., American Optical, Ametek, Babcock Borsig Power, Bayer Cropscience, Bechtel, CBS Corp., Certainteed, Cleaver Brooks, Coltec Industries, Crane Co., Crown Cork & Seal, D&F Distributing, Exxon Mobil, Fluor Enterprises, Fluor Maintenance Services and Foster Wheeler, Garlock Sealing Technologies, General Electric, Georgia Pacific, Goulds Pumps, Green Tweed, Henry Vogt Machine Co., Honeywell International, Industrial Holdings Inc., Ingersoll Rand, John Crane, Kelly Moore Paint Co., Minnesota Mining and Manufacturing, Pneumo Abex Corporation, Sepco Corp., Treco Construction Services, Uniroyal Holdings, Washington Group International and Zurn Industries.

Savoy claims he has suffered physical pain and impairment, as well as diminished financial capacity. He is seeking damages, trial costs, and whatever judgment the court decides is just. The trial will take place in Jefferson County District Court in Texas.

California asbestos case settled for $5 million

Tuesday, November 17th, 2009

190 people who claimed they were injured during the remodeling of the courthouse in Salinas, California have received a settlement after filing a lawsuit. The plaintiffs were a motley crew of courthouse employees, attorneys, and even a judge who say that they were exposed to asbestos and other materials during the courthouse renovation. "All the plaintiffs are getting something. Everybody is being compensated," said Anne Kepner, a San Jose attorney who represented 181 of the plaintiffs.

"The terms of the settlement are confidential, which is a condition that is not atypical," she added.

While the terms of the settlement are confidential, one estimate placed the total amount of the settlement around $5 million. The settlement has been years in the making, with the incident that sparked the lawsuits occurring between 2005 and 2006.

Originally, three separate lawsuits were filed. These suits were later combined into a single case before Judge Barry Hammer of San Luis Obispo County. The defendants in the case, Nova Partners and Skanska USA Building were found to have covered up warnings that dangerous materials like asbestos would be released during the work. Exposure to asbestos can lead to mesothelioma later in life. Mesothelioma, a rare form of cancer, may not develop until many decades after asbestos exposure. Yet the cancer can kill within months of the onset symptoms in some cases. The cancer affects thousands each year.

"Everyone had an interest to settle. We had litigated for about a year-and-a-half before the special master got involved. No one was resistant to mediation," Kepner concluded.

Multi-million dollar fund set up for UK asbestos sufferers

Thursday, November 5th, 2009

An £85 million (about $138 million in US currency) asbestos compensation fund has been set up in the United Kingdom. Many experts have predicted that the number of asbestos-related medical claims will double in the next decade. The London Pensions Fund Authority set up the fund.

The agency also believes that by 2035, the number of asbestos claimants may rise even higher than double the current number of claimants.

Exposure to asbestos can lead to asbestosis, pleural plaques, lung cancer, and the rare cancer mesothelioma. Mesothelioma affects thousands each year, but there is still not a cure. Mesothelioma symptoms can take decades to develop, but once the symptoms have emerged, the average patient perishes within 24 months.

The London Pensions Fund Authority will also face an increase in claims after a landmark court case caused the organization to compensate a teacher who was not shown to have had direct contact with asbestos. The widower of teacher Joan Henry, who died from mesothelioma, received an out-of-court settlement in July. Mrs. Henry died in 2007, and had worked for 30 years in two schools in east London, both of which contained asbestos.

Mrs. Henry’s husband Stephen, told reporters: "I hope that this case will help others receive compensation if they suffer similar tragedies.”