Asbestos & Mesothelioma Law Blog

NIST Scientists Discover a Cost-Effective and Easier Technique for Asbestos Detection

July 24, 2024 | Throneberry Law Group

Asbestos, a mineral that was used extensively throughout much of the 20^th century, can cause aggressive and fatal illnesses like mesothelioma, lung cancer, and asbestosis. While the use of asbestos has virtually been eliminated, this substance remains a huge threat to this day. Legacy asbestos, which refers to asbestos-containing materials that were installed in buildings, structures, or products before the dangers of asbestos became widely known, poses ongoing risks if disturbed or damaged. Because of the threat posed by asbestos, detecting the presence of this substance is crucial.

For a long time, transmission electron microscopy (TEM) has been the go-to method for detecting asbestos in schools, factories, and other buildings. To test for asbestos in buildings, inspectors have had to collect samples from the buildings and submit them to a specialized lab with highly trained staff for examination using TEM. Some states require or recommend using TEM for asbestos testing during the removal process in commercial properties.

However, transmission electron microscopy is complex and can be expensive. Another method that can be used to test for asbestos is phase contrast microscopy. This method is less costly and easier than TEM but less accurate. Now, researchers from the National Institute of Standards and Technology (NIST) say they have found a better way of detecting asbestos. NIST researchers Jason Holm and Elisabeth Mansfield say scanning electron microscopy (SEM) can be a suitable substitute for TEM in asbestos testing. The researchers say that SEM can produce results comparable to TEM. SEM, which is cheaper and more convenient than TEM, could speed up and reduce the expenses associated with asbestos remediation in the U.S.

What if I Buy a House That Contains Asbestos?

July 22, 2024 | Throneberry Law Group

Asbestos is a well-known hazardous substance that can lead to the development of several illnesses, including mesothelioma, lung cancer, and asbestosis. It can be unsafe to live in a house that contains asbestos. Before buying a house, it is crucial to understand whether it contains asbestos. In most of the United States, home sellers are required to disclose any major defects to buyers. Most state laws require sellers to make formal property disclosures covering major home components, systems, and conditions, including whether a home contains asbestos. This ensures buyer education and precaution and the proper proactive steps are taken before physical handling/renovation/demolition. So, what if you buy a house containing asbestos? If you suspect that your home contains asbestos, it is vital that you don’t handle the suspected area by yourself. You should contact an asbestos abatement company. Read on for more information.

Many Old Houses in the U.S. Contain Asbestos

America has a long history of asbestos use. Asbestos has been in use in the United States since the 19^th century. However, in the 1970s, the U.S. began regulating asbestos after studies linked asbestos exposure to severe illnesses like mesothelioma, asbestosis, and lung cancer. This led to the EPA and OSHA implementing strict rules and regulations. However, despite reduced use, asbestos remains in many old buildings, including homes. Asbestos was used in many homes because of its fireproofing and insulation properties. In the United States, many homes built before the 1980s contain asbestos. Asbestos materials in homes that may contain asbestos include roofing, insulation, and textured paint.

Illinois Attorney General Takes Legal Action Against Hospital That Put Workers and the Public at Risk for Mesothelioma

July 19, 2024 | Throneberry Law Group

Asbestos is a dangerous, naturally occurring mineral that was popular many years ago. This mineral was used in many industries because of its attractive qualities. Some of the features that make asbestos commercially desirable include durability, heat resistance, and fireproofing capabilities. Asbestos, when left undisturbed, is harmless. However, when it is damaged or disturbed, its fibers can get into the air, where they can be inhaled, resulting in aggressive and fatal illnesses like mesothelioma. Mesothelioma is a form of cancer that affects the lining of the lungs, abdomen, or heart. Today, the use of asbestos has significantly declined. However, legacy asbestos still poses a significant risk. Legacy asbestos refers to asbestos-containing materials that were used or installed in buildings and structures before the implementation of stricter regulations on asbestos use and handling. These are materials that were used and installed before the health risks of asbestos exposure became widely recognized. Legacy asbestos can be found in older homes, schools, hospitals, and industrial facilities.

While strict rules are in place that govern the handling of legacy asbestos, negligence continues to put many people at risk. In a recent significant legal move, the Attorney General of Illinois, General Kwame Raoul, filed a legal claim against the owners and operators of Lake Behavioral Hospital in Waukegan, Illinois. The hospital’s demolition subcontractors are also named in the legal claim. The claim alleges that the hospital and its subcontractors violated asbestos handling regulations. Specifically, the A.G. claims that the hospital and its subcontractors mishandled asbestos during a demolition project, posing serious health risks to workers and the general public. The lawsuit alleges that the owners and operators of the hospital and its subcontractors exposed people to asbestos fibers and dust, which, when inhaled, can lead to the development of mesothelioma and other serious illnesses. The A.G. is committed to ensuring the defendants are held accountable for putting workers and the public in danger.

This legal action comes after a federal investigation uncovered numerous violations that exposed many people to asbestos, thus putting them in grave danger. The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) reported serious breaches by K.L.F. Enterprises. This subcontractor knew the risks that asbestos exposure posed to workers and others.

Debunking Myths About Mesothelioma VA Benefits

July 16, 2024 | Throneberry Law Group

Mesothelioma is a type of aggressive and fatal cancer. This illness affects the lining of the lungs, abdomen, and heart. Till today, the only known cause of mesothelioma is asbestos exposure. Asbestos is a group of naturally occurring minerals that was widely used due to its durability, insulating properties, and heat resistance. After asbestos exposure, it can take decades for mesothelioma to develop. Veterans are at significant risk of developing mesothelioma because of the widespread use of asbestos in military buildings and equipment until the late 20th century. Veterans who develop mesothelioma may be eligible to recover benefits from the U.S. Department of Veterans Affairs (VA).

Many myths persist about mesothelioma VA benefits. In this article, we debunk some of these myths.

Myth #1: Mesothelioma Is Not Service-Related, So I Cannot Get VA Benefits

Asbestos Laws

July 15, 2024 | Throneberry Law Group

Asbestos, a naturally occurring mineral that was once widely used in several industries, including the construction industry, due to its durability, heat resistance, and other attractive qualities, has been found to pose significant health risks. Asbestos exposure can lead to the development of various illnesses, such as mesothelioma, lung cancer, and asbestosis. While prolonged asbestos exposure is more likely to cause a disease like mesothelioma, the reality is that there is no safe level of asbestos exposure. Being exposed to asbestos once is enough to cause health issues.

Since the dangers of asbestos became widely known in the United States, laws have been established aimed at mitigating these risks. Rules are in place that address the use, handling, and disposal of asbestos to protect people. Recently, the U.S. Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos in the United States. Below, we look at some of the laws pertaining to asbestos implemented by the EPA.

Key EPA Asbestos-Related Laws

Johnson & Johnson Agrees to Pay States $700 Million

July 10, 2024 | Throneberry Law Group

In a recent settlement agreement, Johnson & Johnson (J&J) reached a significant milestone in its ongoing legal battles by agreeing to a $700 million settlement agreement with a coalition of attorneys general representing 43 U.S. states. The attorneys general had accused the pharmaceutical giant of deceptively marketing its talc-based baby powder, which has been linked to mesothelioma and ovarian cancer.

This particular lawsuit was filed on behalf of consumers who were misled by J&J’s advertising of its talcum powder products. The lawsuit is different from the over 61,000 pending claims filed by individual claimants of mesothelioma and ovarian cancer. According to the attorneys’ general claim, J&J had, for many years, deceptively marketed its products to women and teenage girls as safe, pure, and gentle for use, despite knowing that studies and other evidence, including internal information, suggested that the products contained carcinogenic asbestos. The lawsuit accused J&J of promoting the products as safe and pure despite knowing about the health effects of asbestos.

On top of being required to pay $700 million, the settlement agreement includes several terms that are aimed at protecting the residents of the 43 states. The following are the conditions that J&J agreed to;

Top U.S. States for Asbestos Exposure and Mesothelioma

July 3, 2024 | Throneberry Law Group

Asbestos is a group of naturally occurring fibrous minerals. When asbestos is disturbed or damaged, the tiny fibers can be released into the air, where they can be inhaled or ingested. These fibers can become stuck in the mesothelium, resulting in inflammation and scarring. The inflammation can result in genetic changes where cell DNA changes into a mesothelioma cancer cell. The leading cause of mesothelioma is occupational asbestos exposure, which occurs when workers are exposed to asbestos while on the job. Mesothelioma can also be caused by second-hand asbestos exposure, which happens when a worker carries asbestos fibers home to their loved ones without knowing. While asbestos is no longer widely used, it still exists in some capacity all across the United States of America. However, some states are considered hotspots for asbestos exposure. Below are five of the U.S. states with the highest rates of asbestos exposure and mesothelioma.

California

There are several reasons why California is the leading state for asbestos exposure and mesothelioma. First, California has many asbestos-containing mines. These mines are in many counties across the state. Second, the heavy industrial activity in California, including oil and gas, mining, and shipyards, creates an increased risk of asbestos exposure. Third, California has the highest population, leading to increased cases.

Mistakes to Avoid When Hiring a Mesothelioma Attorney

July 1, 2024 | Throneberry Law Group

A mesothelioma diagnosis can lead to significant medical expenses, emotional distress, and financial burdens. When a person’s mesothelioma is the result of another individual’s or company’s negligence, compensation can be sought through a personal injury claim. When dealing with a personal injury claim for mesothelioma, hiring the right attorney is one of the most vital decisions. The right mesothelioma attorney can help you navigate the complex legal process and fight for the compensation you deserve for your illness or your loved one’s illness. However, the process of hiring the right mesothelioma attorney can be challenging. Having to find a lawyer at a time when you are experiencing a significant amount of stress and anxiety is not easy. It is easy to make mistakes that can lead to you hiring the wrong attorney. Hiring the wrong mesothelioma attorney could jeopardize your compensation claim and result in serious consequences, such as not receiving enough or any compensation. Below, we share some mistakes you should avoid to ensure you hire the right mesothelioma attorney.

Hiring the First Available Option

One of the biggest mistakes you can make when hiring a mesothelioma lawyer is hiring the first attorney you consult with. It is understandable that you are stressed and in an urgent situation. However, before choosing an attorney, it is crucial that you take your time to research and compare options.

Court Suggests $19.8 Million Fine Following Asbestos Contamination That Increased the Risk of Mesothelioma

June 28, 2024 | Throneberry Law Group

A Franklin County magistrate recently suggested that a $19.8 million fine be imposed on Paxe Latitude (P.L.), Aloft Management (A.M.), and Paxe Latitude’s majority owner. This is after these parties failed to manage asbestos contamination during renovations, putting workers at risk of mesothelioma and rendering the Latitude Five25 apartment complex uninhabitable. For long, this apartment in Ohio has been a source of controversy. However, nothing has occurred in the past compared to what happened in December 2022.

The significant risk of mesothelioma arose after the apartment towers were evacuated in December 2022 after a problem arose with the water pipes. After the evacuation, the building’s owner, P.L., and its management company, A.M., initiated renovations. Before beginning renovations, P.L. and A.M. did not order an asbestos survey, which violated company policies and legal requirements. Failure to request an asbestos survey put the workers who were doing the renovations at significant risk of mesothelioma.

Inadequate safety measures further compounded the parties’ negligence. Workers were not provided with personal protective equipment (PPE), and no asbestos containment procedures were in place. The situation was exacerbated by the negligent way that carpet, drywall, and ceiling tiles were disposed of. Photos presented as evidence in court showed debris scattered across the floor, with no effort to reduce the spread of asbestos-contaminated materials.

Iowa Supreme Court Allows Independent Contractor’s Mesothelioma Claim to Proceed Against Aluminum Plant

June 24, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as C.B.

For almost a decade, the estate of a mesothelioma victim, C.B., has been seeking justice to no avail. Finally, the decedent’s family may get the justice they have been fighting for. The companies blamed for the asbestos exposure that led to C.B. developing mesothelioma and finally dying have aggressively fought to have the case dismissed. In a recent decision, the Iowa Supreme Court reversed a previous ruling and permitted the mesothelioma claim to be heard by a jury.

This legal journey began after Mr. C.B.’s surviving family members filed a mesothelioma claim after he died in 2015. C.B.’s family blamed his death on asbestos exposure that occurred during the time C.B. worked as an independent contractor (IC) at an aluminum plant. The family named Alcoa, the aluminum plant owner, and a company that was responsible for installing asbestos-contaminated insulation at the plant as the two defendants.