Asbestos Containing Materials

Judge Denies DAP’s Motion for Summary Judgment Despite the Defendant Presenting Affidavits

September 15, 2024 | Throneberry Law Group

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

In a recent court decision, Justice Adam Silvera denied DAP’s motion for summary judgment despite them presenting affidavits provided by their employee. In this case, the family of P.J.M., who passed away due to mesothelioma, an illness that develops due to asbestos exposure, named DAP Inc. and others as defendants. The family blamed P.J.M.’s disease on exposure to several products that contained asbestos. DAP requested dismissal from the case by filing a motion for summary judgment. The defendant claimed it did not make or sell the products the family is blaming for Mr. P.J.M.’s illness. Despite DAP’s assertion, the court denied the petition and allowed the case to proceed.

Often, defendants in mesothelioma lawsuits and other asbestos-related lawsuits seek dismissal by arguing that the lawsuit is baseless. It is common for defendants to argue that their products were not involved in the plaintiff’s asbestos exposure. It is common for defendants to claim that their products could not have contributed to the claimant’s illness. However, in the New York County Supreme Court, such arguments are often denied because the bar for dismissal is high. Defendants are typically required to unequivocally establish that their products could not have caused the claimant’s injury.

South Carolina Jury Awards $63.4 Million to Mesothelioma Victim in Case Against Johnson & Johnson

September 8, 2024 | Throneberry Law Group

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

In a recent court decision, a South Carolina state court jury awarded $63.4 million to a man diagnosed with malignant mesothelioma in a case against Johnson & Johnson (J&J). The compensation amount is meant to cover both punitive and compensatory damages. M.P. was diagnosed with malignant mesothelioma, a rare and aggressive illness that develops after asbestos exposure, at the age of 53. He blamed his illness on his lifelong use of Johnson & Johnson’s talc powder.

Malignant mesothelioma is a type of cancer that is rare in the United States. Statistics suggest that about 3,000 new mesothelioma cases are diagnosed in the United States annually. Mesothelioma develops after a person is exposed to asbestos. However, this illness does not develop immediately after exposure. It can take decades for mesothelioma to develop after asbestos exposure. Asbestos is a naturally occurring mineral that is resistant to heat, fire, and many chemicals. This made asbestos useful in many industries and products. However, when asbestos is disturbed, it releases fibers into the air, which, when inhaled or ingested, can become lodged in the lungs or other tissues, leading to serious health issues like mesothelioma.

A Court of Appeals Upholds a $10 Million Punitive Damages Award in Mesothelioma Case

August 28, 2024 | Throneberry Law Group

For purposes of this article, the Navy widow in this case will be referred to as J.G.P., and her late husband as J.E.P.

In a recent decision, the Missouri Court of Appeals upheld a $10 million punitive damages award for a Navy widow who lost her husband in 2012 after he developed malignant mesothelioma. Malignant mesothelioma is an aggressive cancer that develops in the mesothelium, which is the tissue layer covering most internal organs. This illness is mainly caused by asbestos exposure, a toxic mineral fiber that was widely used in the 20th century. Asbestos was popular because of its properties and was widely used in manufacturing, construction, and numerous industrial applications. The Court of Appeals found the defendant, Crane Co., liable for the asbestos exposure that resulted in the malignant mesothelioma that killed J.G.P.’s husband.

Mr. J.E.P. had served in the Navy for five years in the 1950s as a machinist responsible for maintaining valves on a ship. This job entailed replacing gaskets and packing made with asbestos. When asbestos is disturbed, its tiny fibers can become airborne. Inhaling these fibers can result in serious health issues, including malignant mesothelioma. Mr. J.E.P.’s mesothelioma was blamed on having inhaled the asbestos-contaminated dust that worked with the parts created. After his passing, his widow, J.G.P., filed a lawsuit against John Crane Co., the company that manufactured the asbestos-containing components.

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.

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.

What Should I Do if I Find Asbestos in a School?

April 5, 2024 | Throneberry Law Group

Asbestos was once widely used in the construction industry because of its fire-resistant and insulation properties. After the dangers of this material became widely known, its use was limited. The use of asbestos has been regulated in the United States of America since the early 1970s. However, because many buildings built before the 1980s were constructed using asbestos-contaminated materials, it is common for asbestos to still be present in buildings, including school buildings. The issue is that if asbestos remains undetected in a school building, it may be accidentally disturbed. Asbestos is harmless if left undisturbed. However, if disturbed, it can result in tiny microscopic fibers being released into the air, which, when inhaled or ingested, can cause serious health issues. If no one knows of the existence of asbestos in a school, teachers, other staff, students, parents, and other community members may continually breathe in those fibers without realizing it. If asbestos is discovered in a school, it can save many people’s lives. But what should you do if you find asbestos in a school? Read on to find out.

What to Do if You Discover Asbestos in a School

Prompt and careful action is necessary after asbestos is discovered in a school. If there is asbestos in a school, the following are the steps to take to ensure your safety and the safety of others;

Fireproofing Materials Used in World Trade Center Alleged to Cause Mesothelioma

February 19, 2024 | Throneberry Law Group

For purposes of this article, the widow in this case will be referred to as Mrs. M.B.R., and the late husband will be referred to as Mr. R.

In a recent legal battle in the New York Supreme Court between a mesothelioma widow and Arconic, Inc., the judge presiding over the case denied Arconic’s motion to dismiss the claim against them. Arconic, Inc. is just one of the multiple companies named in the personal injury claim. According to Mrs. M.B.R., the defendants are responsible for having exposed her late husband to asbestos.

Mrs. M.B.R.’s late husband used to work at the World Trade Center construction site. According to the mesothelioma widow, during the time her husband worked at the World Trade Center construction site, the Arconic’s fire-proofing spray her husband worked with led to him being exposed to asbestos, which, in turn, led to him developing mesothelioma. Mesothelioma is a cancer that occurs in the mesothelium (the thin tissue covering most of your internal organs). Arconic, Inc. did not take these allegations lightly and decided to counter the accusations by filing a motion to dismiss with the court. According to Arconic, they stopped using asbestos-containing products after 1970. The company argued that Mr. R started working at the World Trade Center after the company had stopped using asbestos-contaminated products.

Dangers of Improper Asbestos Disposal

November 27, 2023 | Throneberry Law Group

It is crucial to handle asbestos safely. People should avoid performing asbestos removal themselves. Asbestos removal is a job that should be left to professionals. Ensuring that asbestos is disposed of correctly after removal is also crucial. Asbestos or asbestos-contaminated products should not be dumped just anywhere. Failure to properly dispose of asbestos can put people around the asbestos in danger. Any individual who wants to remove asbestos from a property should ensure that they seek the help of professionals. Hiring an asbestos abatement company is the only way to remove and dispose of asbestos safely.

The Proper Way of Disposing of Asbestos

When property owners want to remove asbestos, they must follow the proper steps. Failure to follow the right steps can put many people in danger. The first step to ensure proper removal and disposal of asbestos is hiring a certified asbestos abatement company. The first thing an asbestos abatement company will do is determine if asbestos is present. Sometimes, a person might think that asbestos is present when it really isn’t. If it is determined that asbestos is present, the next step will be to apply for permits. No demolition or renovation can begin until permits have been granted.

Five Surprising Sources of Asbestos

November 20, 2023 | Throneberry Law Group

Asbestos is a dangerous substance that can cause serious health problems. When asbestos fibers are inhaled, several illnesses can occur, including mesothelioma, asbestosis, and lung cancer. Some of the most common ways people get exposed to asbestos include working in a construction site, working as an auto mechanic, working in a shipyard, working in industries such as manufacturing and power plants, and serving in the military. However, while these are the most common ways people get exposed to asbestos, they are not the only ways. There are many other less commonly known sources of asbestos. In this article, we share five surprising sources of asbestos.

Surprising Sources of Asbestos

Many people think that asbestos exposure is a problem for certain people. The truth is that asbestos exposure is a problem for everyone. Asbestos can be found in many everyday consumer products, meaning everyone is at risk of exposure. The following are some consumer products that could contain asbestos;