Articles Posted in Companies & Asbestos

For purposes of this article, the workers in this case will be referred to as T.C. and T.S.

In a recent troubling California case, two heavy equipment operators filed a lawsuit against their former employer, Reyes Construction, after claiming they were fired for sounding the alarm about improper asbestos handling. The two, T.C. and T.S., who were working on a public restoration project in Long Beach, California, said they discovered asbestos-containing debris at the site. They alerted their supervisor, who ignored them at first, but they were later instructed to hide and bury it. However, the two workers refused to hide the toxic material, as they believed doing so would not only endanger them and other workers, but the general public as well.

T.C. and T.S. were assigned to excavation duties as part of a larger initiative to connect the Colorado Lagoon with Alamitos Bay, a project aimed at environmental restoration. However, the two dug up asbestos-contaminated transite pipes during their work. Unlike long ago, when workers did not know about the dangers of asbestos, today workers are well informed about the risks of asbestos exposure. Most, if not all, workers know that inhaling asbestos fibers can lead to mesothelioma and other serious illnesses. That is why T.C. and T.S. reported their findings to their bosses after discovering the toxic material. Their supervisor initially told them to ignore the hazardous material, and then later told them to hide and bury the pipes without informing local officials or experts.

For purposes of this article, the mesothelioma victim in this case will be referred to as D.R.K.

A recent mesothelioma case involving occupational asbestos exposure has shed light on a lesser-known source of contamination: commercial pizza ovens. D.R.K., a former pizza cook, was diagnosed with malignant mesothelioma after working in pizza restaurants between the 60s and 80s. D.R.K. was diagnosed with the rare but aggressive form of cancer decades after his exposure to asbestos-laden pizza ovens in the restaurants he worked in. After his diagnosis, D.R.K. filed a personal injury lawsuit against the oven manufacturer and the supplier of the asbestos-containing transite boards used in the pizza ovens. While he reached a settlement agreement with the oven manufacturer, as of the writing of this article, the case against the stone board manufacturer continues.

Before the dangers of asbestos became widely known, this material was regularly used in applications that required strength and heat resistance. While asbestos is often associated with construction, military ships, boiler works, electric components, and insulation, it was widely used in many other ways. Not many people know that asbestos was commonly used in commercial kitchens, specifically ovens. From the mid-20th century, manufacturers commonly used transite baking stones in pizza ovens to maintain high cooking temperatures. These heat-retentive stones posed a serious health risk to those operating the ovens, as they contained asbestos.

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

In a recent court decision, the California Court of Appeals ruled in favor of the family of a mesothelioma victim in a lawsuit against two foreign car parts manufacturers. The ruling reversed an earlier trial court decision that had dismissed the companies from the case because of jurisdictional arguments. This decision allows the family to proceed with their legal claims against the two companies.

R.H. spent more than four decades working as an automobile mechanic. According to the lawsuit, which was filed by R.H.’s widow and adult children, during this time, R.H. was routinely exposed to asbestos-contaminated parts, particularly from Volkswagen and Toyota vehicles, which ultimately led to him developing malignant mesothelioma, a rare and aggressive form of cancer that can take decades to develop after initial asbestos exposure. According to the lawsuit, R.H. worked on Volkswagen cars at California dealerships from 1969 to 1976 and on Toyota vehicles between 1977 and 2009, which allegedly included Akebono Brake Co., Ltd., asbestos-contaminated components. The family accused the companies and others of strict product liability, negligence, and fraud.

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

In a recent court decision, a Florida jury awarded $18 million to D.C., a woman diagnosed with peritoneal mesothelioma. This rare form of cancer affects the lining of the abdomen and abdominal organs, known as the peritoneum. When Ms. D.C. filed her lawsuit, she named multiple companies as defendants. However, only one defendant went to trial: Hennessy Industries, a brake grinder manufacturer. After listening to the facts of the case, the jury awarded D.C. $18 million in damages and assigned 15% of the liability to Hennessy Industries.

D.C. had accused multiple companies, including Johnson & Johnson, a giant pharmaceutical company facing tens of thousands of asbestos-related lawsuits, and several auto parts manufacturers, of playing a role in her illness. Although these defendants were not at trial, the jury allocated them 85% of the blame for Ms. D.C.’s peritoneal mesothelioma. The jury agreed with D.C. that the remaining 15% of the responsibility should be assigned to Hennessy Industries’ brake grinder, which D.C.’s father had used for a long time. The jury found that the company had failed to warn users that their grinders contained asbestos, leaving them at risk of unknowingly inhaling asbestos fibers and developing asbestos-related illnesses such as mesothelioma.

For quite some time now, victims of mesothelioma and ovarian cancer and their families have been closely monitoring Johnson & Johnson’s (J&J) repeated legal attempts to escape asbestos liability. Specifically, the giant pharmaceutical company has repeatedly tried to use a controversial bankruptcy strategy. In a significant recent development, a federal bankruptcy judge in Houston, Texas, denied the company’s third attempt to use the bankruptcy strategy as a shield against the tens of thousands of lawsuits it is facing. This decision marked a critical moment in the victims’ quest for justice.

Over 90,000 lawsuits have been filed against J&J, alleging that the giant pharmaceutical company’s baby powder, which was a staple for years, contained asbestos. Asbestos is a naturally occurring mineral that, when inhaled or ingested, can lead to the development of mesothelioma and other severe health issues. Over the years, J&J has maintained that it is innocent and argued that its talcum powder was not asbestos-contaminated. Despite this, numerous jury verdicts have gone against the company, and personal injury as well as wrongful death claims have continued to rise.

To combat these lawsuits, Johnson & Johnson employed a controversial legal strategy called the “Texas Two-Step.” This strategy involves forming a new corporate entity, transferring all liabilities to it, and then having that entity declare bankruptcy. Johnson & Johnson aimed to limit its financial exposure while trying to resolve claims in bankruptcy court instead of through the traditional legal process, which can be quite unpredictable.

A Denver-area contractor has been sentenced to ten years behind bars for knowingly causing significant asbestos exposure, putting his employees and residents of a multi-family apartment building at serious risk of developing mesothelioma. Lance Slayton was convicted of several charges, including criminal exploitation of a vulnerable elderly person and violations of environmental safety laws. His reckless actions began when he was contracted for a demolition job in a four-unit apartment building, where he ignored asbestos warnings and even allowed an unlicensed worker to remove the hazardous asbestos without proper protection. Prosecutors even alleged that Slayton removed the asbestos warning signs before bringing in the 27-year-old worker to check out the job site.

Slayton was hired in 2022 by the building’s 82-year-old owner to handle demolition after a fire damaged one of the units. From the beginning, he was fully aware of the risks as he received a report confirming a significant asbestos contamination and even discussed the necessary abatement measures with the owner and the insurance company. Despite this, he removed asbestos warning signs from the property and proceeded with the demolition without following safety protocols. Instead of hiring a certified asbestos abatement team, he brought in a 27-year-old laborer without training or protective equipment and never informed him of the danger lurking on site.

For four months, the worker unknowingly handled asbestos-contaminated materials, inhaling fibers that could lead to deadly illnesses such as mesothelioma, asbestosis, and lung cancer. At the same time, residents in the surrounding units were also exposed to airborne asbestos particles without their knowledge. The unsafe conditions continued until an engineer from the insurance company visited the site, noticed the violations, and reported them to authorities. The Colorado Department of Public Health and Environment intervened, stopping all work on the site and launching an investigation.

Montana’s House of Representatives recently passed three bills aimed at reducing corporate responsibility in asbestos-related lawsuits, making it significantly harder for individuals affected by asbestos exposure to pursue justice and compensation. While proponents of the bills claim that this will help prevent excessive lawsuits against businesses, critics contend that this move protects BNSF Railway from accountability at the expense of victims. This has sparked outrage in Libby, Montana, where mesothelioma victims and their families fear they will lose their right to seek justice. If these bills become law, BNSF Railway, a company previously found responsible for asbestos-related illnesses and deaths, could be shielded from further lawsuits, stripping victims of the compensation they deserve.

Libby has experienced one of the most severe environmental and public health crises in the United States. The crisis stemmed from the W.R. Grace & Co. vermiculite mine, which contaminated the town with asbestos fibers, leading to widespread illness and deaths. Thousands of Libby residents have been diagnosed with mesothelioma, asbestosis, and other fatal diseases due to prolonged asbestos exposure. The disaster was so severe that in 2009, the federal government declared a public health emergency in Libby.

Caving under the pressure of many asbestos lawsuits against it, W.R. Grace declared bankruptcy years ago. However, other companies, like BNSF Railway, have also been found responsible for transporting asbestos-contaminated materials and not protecting workers and residents. Victims and their families have sued these corporations and received compensation, including medical expenses, lost wages, and pain and suffering.

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

In a recent court ruling, a shipyard’s attempt to claim immunity in a mesothelioma lawsuit was denied, maintaining the company’s accountability for failing to protect workers from asbestos exposure. The case was brought by the plaintiff, N.L., a former employee of Avondale Shipyard, who was diagnosed with malignant mesothelioma decades after working there in the 1970s and 1980s. In his lawsuit, filed in Louisiana state court, he argued that the shipyard had failed to warn him about the dangers of asbestos or take necessary precautions to prevent exposure. The company, which Huntington Ingalls Incorporated now owns, attempted to escape liability by claiming immunity as a federal contractor. However, the court rejected this defense, ruling that Avondale didn’t meet the legal standard for such protection.

In his lawsuit, N.L. names multiple companies, including Huntington Ingalls Incorporated, alleging that his exposure to asbestos dust at the shipyards and outside of work when visiting his coworkers directly contributed to his illness. Avondale moved the case to federal court, arguing that because the ships built at the yard were for the U.S. government, they acted under federal authority and should, therefore, be immune from liability. In response, N.L. filed a petition for summary judgment, challenging the company’s immunity claim.

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

In a recent court ruling, a jury ordered a helicopter company to pay $8.8 million in damages to the family of  B.D. Unfortunately, B.D., a mechanical engineer, passed away from mesothelioma, having been exposed to asbestos primarily through the products he worked with while at Bell Helicopter. In the landmark ruling, the survivors were awarded actual and punitive damages, highlighting how the courts held companies that failed to address the dangers of asbestos exposure accountable.

The case revolved around using asbestos-containing parts, which B.D. was tasked with designing enclosures for heat testing helicopter components. Before his death, B.D. had given testimony during his deposition where he testified that asbestos insulation boards were used for the enclosures., where he was exposed to the deadly asbestos fibers over a long time. Mesothelioma, a rare and aggressive cancer primarily caused by asbestos exposure, often takes decades to manifest after initial contact. B.D.’s family argued that the company’s negligence in addressing the risks of asbestos played a significant role in his illness and death.

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

Mesothelioma lawsuits often involve complex and contentious legal battles as asbestos companies employ aggressive strategies to avoid liability. One common tactic these companies use is moving cases to federal courts, which are often more favorable to businesses, offering immunity and saving them money. At the same time, mesothelioma victims or their survivors continue to suffer. However, these attempts do not always succeed. In a recent case, R.M., a former shipyard worker, successfully fought to have his mesothelioma lawsuit remanded to a local court after the defendant, Hopeman Brothers, tried to transfer the case to federal court.

R.M.’s illness began from his work at the Key Highway Shipyard between 1973 and 1974. During this time, he was exposed to asbestos dust released from Micarta paneling used in ship construction. According to his lawsuit, Hopeman Brothers’ workers cut, handled, and installed the asbestos-containing panels while working on various vessels, including tankers, passenger ships, and the Coast Guard’s Westwind.

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