Mesothelioma Health News

According to recent reports, Exxon Mobile failed to implement significant safety measures in order to protect workers from exposure to asbestos in materials used by the company. Louisiana First Court of Appeals upheld a 2006 trial court’s judgment against the company in which substantial damages were awarded to the family members of a former employee of the company who contracted mesothelioma, allegedly from working with asbestos containing materials used by the company.

Bruce Spillman, a former resident of Baton Rouge, worked on towboats for Exxon Mobile from 1945-1949, and as welder and in the oil refinery from 1949-1986. During these times Spillman was exposed to asbestos insulated pipes which are thought to be the cause of his subsequent diagnosis of and death from mesothelioma.

Apparently Exxon was aware of the dangers being posed by the exposure to asbestos fibers but failed to either alert its workers of these dangers and/or instruct them to wear the proper protective face masks.

Representative for the family, Renee Melancon states that, “Exxon’s own documents reveal that the company knew that the use of asbestos insulation in the petroleum industry was hazardous to workers like our client,” and that, “Exxon even outlined a strategy for minimizing asbestos exposure in its facilities in 1937, but just never bothered to follow through on the plan to protect its workers.”

Although Exxon made an effort to claim immunity, the court held that the plaintiffs possessed adequate evidence that the company knew of the need to protect its workers from asbestos exposure.

<p>According to recent reports, Exxon Mobile failed to implement significant safety measures in order to protect workers from exposure to asbestos in materials used by the company. Louisiana First Court of Appeals upheld a 2006 trial court&#8217;s judgment against the company in which substantial damages were awarded to the family members of a former employee of the company who contracted mesothelioma, allegedly from working with asbestos containing materials used by the company.</p>
<p>Bruce Spillman, a former resident of Baton Rouge, worked on towboats for Exxon Mobile from 1945-1949, and as welder and in the oil refinery from 1949-1986. During these times Spillman was exposed to asbestos insulated pipes which are thought to be the cause of his subsequent diagnosis of and death from mesothelioma.</p>
<p>Apparently Exxon was aware of the dangers being posed by the exposure to asbestos fibers but failed to either alert its workers of these dangers and/or instruct them to wear the proper protective face masks.</p>
<p>Representative for the family, Renee Melancon states that, &#8220;Exxon&#8217;s own documents reveal that the company knew that the use of asbestos insulation in the petroleum industry was hazardous to workers like our client,&#8221; and that, &#8220;Exxon even outlined a strategy for minimizing asbestos exposure in its facilities in 1937, but just never bothered to follow through on the plan to protect its workers.&#8221; </p>
<p>Although Exxon made an effort to claim immunity, the court held that the plaintiffs possessed adequate evidence that the company knew of the need to protect its workers from asbestos exposure.</p>

According to recent reports, three Florida men were allegedly arrested for violating Environmental Protection Agency rules regarding the proper dumping of asbestos containing materials. The men allegedly conspired to dump these toxic materials into a swamp behind one man’s house.

It is reported that the manager of the company involved, Florida Environmental Compliance Corporation, Ronnie Lee Spears, 35, intentionally instructed one or more of his employees to dump a number of truckloads of asbestos tiles into the nearby Green Swamp in Winter Haven, Florida. At least 43 truckloads of the tiles were dumped into the plant and animal infested marshland and Spears was charged with 43 counts of felony dumping for commercial purposes.

Warren Gregory, 58, who owned the property on which the dumping took place, was also arrested for his involvement in the illegal dumping. Gregory was charged with storing solid waste without the proper permit, and failure of compliance with an environmental rule.

A third man, Thomas Barnhill, 44, apparently arranged for the dumping to take place on Gregory’s property. Barnhill was charged with a total of three counts of felony dumping for commercial purposes.

Florida Environmental Compliance Corporation has since removed all of the asbestos tiles from the Green Swamp and disposed of them properly. The company plans to pay for the wetlands to be restored.

A federal court has recently ruled that an airport owned by the city of St. Louis, Missouri has violated federal asbestos safety standards while in the process of demolishing several asbestos containing buildings.

Lambert-St. Louis International Airport allegedly used an untested method of asbestos removal while demolishing buildings in the near-by town of Bridgeton in preparation for a newly proposed runway. What the Environmental Protection Agency is deeming the “wet removal technique” has not been approved as a safe asbestos removal option and those using it are in violation of the EPA’s current regulations.

The technique involves using high pressure water hoses to blast asbestos from walls, ceilings, pipes, and other structural elements.

Public Justice, a non-profit law firm had filed the suit against the city on behalf of the individuals residing near-by. Those individuals were seriously concerned that the untested method would put their health and safety in serious jeopardy.

It is reported that the demolition took place in 2000 and that by 2004 the same method had been used on more than 260 homes in the city.

While many EPA officials are proponents of the method, it has yet to be tested adequately to determine whether or not the risks outweigh the financial benefits.

Many residents of Wonthaggi had already opposed the planned project to build a desalination plant in the Victorian town.Now they are voicing their concerns that asbestos dust may be blowing into the town.

Residents concerns stem from the fact, they say, that asbestos is sitting in a quarry in Wonthaggi unprotected and uncovered. Apparently gravel and other possibly toxic materials were removed from the plant site and dumped into a pit and have been yet to be removed.

The Bass Coast Shire Council has, upon hearing the concerns of the townspeople, demanded that the possibly harmful material be moved from the location causing these concerns.

Anti-desalination campaigner Neil Rankin has stated that, “It appears that it was driven through the middle of town without any of the usual protection that’s involved in disposing of asbestos waste and that it appears that it’s still just sitting there without anything really adequate being done about it.”

A spokesperson for the Department of Environment and Sustainability claim that although asbestos was found at the sight, it has since been properly disposed of.

The Environment Protection Authority states that they have not been assured of this proper removal.

53 year old Mark Desnoyers has been convicted of falsifying air sampling results taken at various asbestos clean up sites.

Desnoyers, owner of Adirondack Environmental Associates, was hired to take air samples and document the full removal of asbestos containing materials from a number of private homes as well as at a number of commercial buildings, according to U.S. Attorney Andrew Baxter.

Evidence was presented to the jury at the two week trial showing that Desnoyers secretly made agreements with asbestos contractors to falsify the results of air samples at various sites where asbestos removal was taking place. As a result of the bogus reports of air samples some of the cleanup sites were left severely and dangerously contaminated.

John Wood and Curtis Collins, the asbestos-removal contractors connected to the falsified air sample reports, have previously pleaded guilty to the charges made against them in relation to the fraudulent results.

Wood and Collins are facing up to five years in prison for their role in the scheme. Desnoyers is facing up to 25 years in prison plus restitution for the victims related to and affected by the false air sample reports.

After a Pennsylvania construction worker contracted and died of mesothelioma, allegedly from an asbestos-containing joint compound used by the worker, the manufacturer initially avoids compensating the family when a Philadelphia court rules in favor of the company.

Although the Court of Common Pleas of Philadelphia County initially ruled in the favor of Georgia-Pacific, Pennsylvania Superior Court later overturned the ruling, allowing the family another day in court.

The manufacturing company attempted to avoid compensation by requiring the family to produce evidence of each separate instance in which the man came in contact with the asbestos-containing material, asking the family to produce documentation of exact days and times.

Following the reversal of the decision by the Superior Court, counsel for the family was reported as stating, “Georgia-Pacific cannot evade liability for harm caused by a worker’s exposure to the company’s asbestos-containing joint compound simply by suggesting that we have to present proof of every individual time this worker was exposed to Georgia Pacific’s product. And the Superior Court of Pennsylvania saw through Georgia-Pacific’s attempts to shirk its responsibility in that manner.”

The case will be retried in the Superior Court of Pennsylvania based on its merits.

Anne Hutchins Elementary School was shut down following problems stemming from construction work being done on the school during the recent summer vacation.

Rainwater leakage through the roof of the school’s second story caused the need for replacement of the second level ceiling and the clean up of the original asbestos containing ceiling tiles.

Clean-up ran into the beginning of the 2008 school year and school officials had to come up with an alternative for the Anne Hutchins students to begin the school year.

The students who normally attend Anne Hutchins Elementary School ended up starting the 2008 school year off at nearby Greenvale Elementary. The school is equipped to house a total of 1,400 students making it possible to house all of both the 430 Anne Hutchins students as well as the 517 Greenvale students.

The roofing contractor had agreed to pay for the cost of the clean-up of the asbestos-containing materials and the school reopened its doors on September 8, 2008.

Dawn Koch of Missouri has filed an asbestos lawsuit against 88 defendant corporations after her husband, Stephen, died of mesothelioma in August of 2007. Mr. Koch had been diagnosed in June of that same year.The lawsuit alleges that Mr. Koch, who worked as a laborer for two years at various locations, was exposed to asbestos while on the job and subsequently developed asbestos-related cancer.  Mrs. Koch is seeking over $350,000 in damages, including compensation for medical costs. She is also seeking damages “in an amount sufficient to punish the defendants” and claims that her husband’s medical condition was foreseeable and could have been prevented if his former employers had taken appropriate safety measures.  

The potential health consequences of carbon nanotube use are in the news again, and researchers and scientists are still expressing concern that nanotube use may render similar health problems as asbestos. Laboratory tests in mice revealed that carbon nanotubes cause abdominal inflammation and tumors when injected, much like asbestos. Researchers are urging biotech manufacturers to provide clear warnings regarding the possible health risks associated with nanotube use and are also calling for increased funding for additional research.The most recent news stories express concern over exposure from carbon nanotubes that have been disposed of in landfills.”Is there a chance of carbon nanotubes coming out then (if disposed) and exposure occurring? We simply don’t know the answer to that and I think it’s something that needs to be addressed,” said Dr. Andrew Maynard of the Woodrow Wilson Center for Scholars in Washington, DC.