Mesothelioma Court Rulings & Legislation

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.

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;

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.

Chicago Jury Awards Mesothelioma-Stricken Former Brick Mason $7.4 Million in Compensation for work at Inland Steel

June 22, 2024 | Throneberry Law Group

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

In a recent court decision, a Chicago jury awarded a mesothelioma victim who used to work as a brick mason $7.4 million in compensation after a two-week trial. Mesothelioma is an aggressive illness that develops after someone is exposed to asbestos fibers. A.J.C. was exposed to asbestos while working as a brick mason at Inland Steel. 30% of the liability was assigned to Foseco who manufactured hot tops for steel manufacturing and the other 70% to an insulation contractor, Paul J. Krez.

According to the evidence presented in court, A.J.C. was diagnosed with mesothelioma in early 2023 when he was 76 years old. While getting treatment at the University of Chicago, A.J.C. embarked on a pursuit for answers. A.J.C. explored his work history for potential asbestos exposure and thought back to when he worked at Inland Steel about six decades ago. A.J.C. recalled being around asbestos during the years he worked in the company. He worked at Inland Steel in 1965 and then served in the army for three years before returning to the steel company. For the rest of his career, A.J.C. worked at Inland Steel. Mesothelioma has a long latency period. It can take up to six decades or more for mesothelioma to develop after asbestos exposure.

Connecticut Jury Awards $15 Million to the Family of Man Who Died of Malignant Mesothelioma

June 11, 2024 | Throneberry Law Group

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

In a recent court decision, a Connecticut jury awarded $15 million to the family of a man, N.B., who died of malignant mesothelioma in 2023. The jury reached this decision quickly, indicating a clear and decisive outcome.

After N.B., a father of three, died in 2023 at the age of 81, his family filed a mesothelioma claim. N.B. had a degree in chemical engineering and a history of service in the U.S. Army. According to the lawsuit filed by N.B.’s family, his malignant mesothelioma developed due to prolonged asbestos exposure at the General Electric plastics plant where he worked. The family filed the claim against R. T. Vanderbilt Holding, Inc. This company had acquired International Talc, the supplier of the talc used at the plant where N.B. worked. R.T. Vanderbilt tried to have the case dismissed. The company argued they should not be held liable as the successor in interest. The court denied this argument because the company continued the product line after the acquisition. This action led to the company inheriting associated liabilities.

EPA’s New Asbestos Ban is Already Facing Litigation From Chemical Industry Lobbyists and Mesothelioma Advocates

June 4, 2024 | Throneberry Law Group

In March 2024, the U.S. Environmental Protection Agency (EPA) handed down a final rule banning chrysotile asbestos in the United States of America. Chrysotile asbestos is the most common type of asbestos used across the world, and the only form of asbestos that is currently used in or imported into the U.S. Chrysotile asbestos can be found in many products, including sheet gaskets, brakes/linings, brake blocks, and other gaskets. This type of asbestos has been banned in 50 other countries worldwide. Exposure to any form of asbestos, including chrysotile asbestos, is known to cause mesothelioma, lung cancer, ovarian cancer, and many other aggressive and fatal illnesses. Asbestos exposure is linked to over 40,000 deaths in the United States of America every year.

As expected, the EPA is already facing lawsuits from both chemical industry lobbyists and mesothelioma advocates. Chemical lobbyists argue that the ban is overly restrictive, while mesothelioma advocates say the ban does not go far enough. On one side, the chemical industry claims that their use of asbestos is safe and should continue. The chemical industry argues that their use of asbestos poses no health risks. On the other hand, ADAO, labor unions, and other mesothelioma advocates are pushing for stricter regulations, arguing that the current EPA ban is insufficient to protect the public.

The chemical industry and mesothelioma advocates have filed their cases in different courts. This is a reflection of legal strategies. While the mesothelioma advocates chose to file their petitions in the U.S. Court of Appeals for the District of Columbia, the industry stakeholders decided to file their petitions in the conservative 5^th, 6^th, and 11^th circuit courts.

An Illinois Court Orders Johnson & Johnson and Two Subsidiaries to Pay $45 Million for Mesothelioma Death

June 1, 2024 | Throneberry Law Group

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

In a recent court case, a jury found Johnson & Johnson and two subsidiaries liable in the mesothelioma-related death of T.G., who was a mother of six and a grandmother and awarded the surviving family members $45 million in damages. T.G.’s case and the cases of many others suffered delays when J&J filed bad faith bankruptcies in an attempt to try and avoid liability. These bankruptcy filings stayed litigation in this particular case and thousands of other cases. The lifting of the hold allowed the case of T.G. and many other cases to finally begin being heard across the country. The decision, in this case, gives hope to the others who continue to fight for justice.

There are thousands of mesothelioma lawsuits pending against Johnson & Johnson. The lawsuits accuse the company of continuing to sell its famous baby powder despite knowing that its talc was asbestos-contaminated. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. All the victims and survivors are seeking accountability for the devastating consequences of asbestos exposure.

Court Denies Government’s Petition for Dismissal in Puget Sound Naval Shipyard Mesothelioma Case

May 31, 2024 | Throneberry Law Group

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

In a recent mesothelioma case, the district court dismissed the U.S. Government’s second petition for dismissal. G.R.P., who passed away due to malignant mesothelioma, a type of cancer that is caused by asbestos exposure, lived for many years downwind from Puget Sound Naval shipyard, the worksite where her husband worked. According to G.R.P.’s family, her mesothelioma and resulting death occurred due to airborne asbestos fibers that found their way to her home from the shipyard. The family also blames G.R.P.’s illness and death on the asbestos fibers that her husband brought home on his clothes. According to the family, G.R.P. suffered asbestos exposure while cleaning her husband’s asbestos-contaminated clothes. G.R.P.’s family filed a lawsuit against the United States Government. The U.S. Government recently filed its second petition to have the case dismissed, but the petition was denied.

The original lawsuit filed by G.R.P.’s family in 2022 describes how G.R.P. suffered asbestos exposure due to negligence at the Puget Sound Naval Shipyard where her husband worked. The original lawsuit details that G.R.P. suffered asbestos exposure due to her husband carrying the fibers home on his work clothes and the airborne asbestos fibers that blew to her home from the shipyard. In other words, G.R.P. suffered environmental and para-occupational asbestos exposure. Para-occupational exposure can also be referred to as second-hand or secondary exposure. G.R.P.’s husband worked at the shipyard from the late 1960s until 1972.