Asbestos Containing Materials

California Woman Receives $43 Million Award in Mesothelioma Case

July 15, 2022 | Throneberry Law Group

After two weeks of in-person trial, a Los Angeles County jury awarded a 64-year-old woman diagnosed with mesothelioma $43 million on May 20, 2022. This verdict is among the largest seen in recent years. The woman, who was diagnosed with mesothelioma in 2019, blamed Algoma Hardwoods Inc. for her condition.

According to the evidence presented, the 64-year-old California woman never directly worked with the toxic substance known as asbestos. However, her husband used to work in a capacity that exposed him to asbestos. He worked with doors that contained asbestos. The asbestos dust from the doors got stuck in his skin, hair, and clothes, and he brought this dust home. Even though the woman sometimes assisted her husband on-site, most of the asbestos exposure she suffered was from the asbestos dust her husband brought home. According to a family representative, the 64-year-old woman suffered asbestos exposure while doing her husband’s laundry. Also, just being inside the home exposed her to asbestos.

From 1977 to 1980, Algoma made fire-resistant asbestos-contaminated doors. The jury found the company 50% liable for the 64-year-old woman’s mesothelioma. The jury then assessed comparative fault against other defendants. The following is a breakdown of the percentage of responsibility each defendant was awarded;

Study Highlights the Importance of Banning Asbestos

July 11, 2022 | Throneberry Law Group

Asbestos is a mineral that causes mesothelioma, a rare and deadly type of cancer. In fact, asbestos is the only known cause of mesothelioma. In an attempt to reduce mesothelioma cases, many countries worldwide have banned asbestos. However, asbestos has not been banned in the United States of America.

Do asbestos bans really help? Does banning asbestos reduce the incidence of mesothelioma? A recent study shows that asbestos bans can reduce mesothelioma cases, although not immediately. The findings of this study might affect asbestos rules in America.

Data From Study Indicates Asbestos Bans Can Reduce Mesothelioma Cases

The Environmental Protection Agency Proposes Stricter Asbestos Reporting

June 11, 2022 | Throneberry Law Group

Asbestos is a dangerous mineral that causes life-threatening diseases such as mesothelioma. Because of this, there are individuals and organizations out there dedicated to preventing asbestos exposure through advocacy, education, and community. One of these organizations is the Asbestos Disease Awareness Organization (ADAO). In 2020, the organization won the Right to Know Lawsuit. Afterward, ADAO won a settlement agreement with the Environmental Protection Agency (EPA). According to ADAO and its partners, the agreement would make sure the EPA conducts its work on asbestos with enough information. Recently, the agency published a related proposal. Here is more information about this proposal.

EPA’s Proposal

The EPA recently proposed a rule that would require importers, manufacturers, and processors of asbestos and asbestos-contaminated products to report all asbestos uses for the last four years. According to the proposed rule, manufacturers or processors of asbestos-contaminated products would need to share information about all asbestos uses, the quantity of asbestos used, and where exposure has occurred. Currently, much of this information is not a requirement. The proposal also covers articles with unintended impurities like asbestos-contaminated talc products.

HBO Max’s “Not So Pretty” Shines Light on the Link Between Mesothelioma and Cosmetic Products

May 7, 2022 | Throneberry Law Group

Unfortunately, despite asbestos awareness advocates doing their best to educate people on asbestos and asbestos-related illnesses, such as mesothelioma, many people still do not understand the dangers of asbestos exposure. People are still mishandling asbestos and using asbestos-contaminated products. For example, people continue to use asbestos-contaminated cosmetic products. It is our hope that now that the dangers of using asbestos-contaminated cosmetic products have been revealed through HBO Max’s documentary, “Not So Pretty,” things will change.

HBO Max’s Multi-part Documentary Airs Out the Link Between Mesothelioma and Cosmetic Products

The documentary “Not So Pretty” is a four-part investigative expose of the beauty industry. The documentary, produced by Kirby Dick and Amy Ziering, exposes the secrets of the cosmetics and personal care industries. Unfortunately, these two industries are loosely regulated, with the U.S. Food and Drug Administration having little power to enforce changes.

New Jersey Appeals Court Upholds Sanction Against Ford in Mesothelioma Case

April 18, 2022 | Throneberry Law Group

The NJ appeals court recently upheld a sanction against Ford in a mesothelioma case involving second-hand asbestos exposure. When Mrs. A.C (a name used for purposes of this article) was diagnosed with malignant mesothelioma, her family filed a lawsuit against Ford Motor Company, her husband’s former employer. According to the family, Mrs. A.C developed mesothelioma after inhaling asbestos fibers from her husband’s clothing during the 30 years that he worked as a service manager for the motor dealerships. During the trial, Ford Motor Company withheld evidence in violation of discovery rules, which led to the court imposing a significant sanction. Ford appealed the decision and the sanction, but the NJ state appeals court refused to set the sanctions aside.

For many years, Mrs. A.C’s family had tried to obtain the training manuals for Ford so that they could prove to the court that the company had not warned its workers about the dangers of asbestos in brake dust. Unfortunately, the family was not able to obtain those materials. Instead of producing the information, a corporate representative testified that he could not locate it. He said that none of the manuals were found.

In response, Mrs. A.C’s attorney confronted the representative with a copy of the manual. After the confrontation, the representative confessed that he had seen the manual before and even answered questions about it in previous asbestos cases. After learning that the representative had withheld evidence, the court imposed the sanction that went beyond the jury’s $800,000 verdict.

What Gear Protects Workers From Asbestos Exposure?

March 31, 2022 | Throneberry Law Group

Personal protective equipment is quite crucial when it comes to protecting oneself from asbestos exposure. If, for example, you work in an asbestos removal company, it is not enough that you use proper removal proceedings. It is important that you use personal protective equipment. Personal protective equipment can protect you from developing asbestos-related diseases like mesothelioma and asbestosis. In this article, we will talk about, among other things, the types of personal protective equipment that can protect workers from asbestos exposure.

What is Personal Protective Equipment?

Personal protective equipment or PPE is any clothing or covering that provides protection to the wearer from a potential hazard. According to the EPA, personal protective equipment is necessary to protect against the harmful effects of asbestos exposure.

Ways Children Can be Exposed to Asbestos

December 9, 2021 | Throneberry Law Group

Usually, asbestos-related illnesses such as mesothelioma take years to appear. For this reason, mesothelioma is not common in children. Mesothelioma is much more common in older people with a history of asbestos exposure. However, since mesothelioma takes years before developing, children exposed to asbestos at a young age risk developing mesothelioma in their adult years.

So, how do children get exposed to asbestos? There are many ways in which a child can be exposed to asbestos. Below is a look at some of the most common ways children can be exposed to asbestos.

Secondhand Asbestos Exposure

Who Can File an Asbestos or Mesothelioma Trust Fund Claim?

November 7, 2021 | Throneberry Law Group

People have been filing mesothelioma and asbestos-related claims for more than three decades now. Over the years, asbestos companies that recklessly exposed people to asbestos have been forced to pay plaintiffs huge amounts of money. Because of the huge payouts, some companies started filing for bankruptcy. Generally, companies began filing for bankruptcy to avoid liability. Most of the companies that chose to file for bankruptcy were not able to avoid liability. This is mainly because, as part of the Chapter 11 bankruptcy, companies were required to establish trusts that would fund victims of asbestos exposure. This is where asbestos and mesothelioma trust funds originated from.

What are Asbestos and Mesothelioma Trust Funds?

Asbestos trust funds, asbestos bankruptcy trust funds, or mesothelioma trust funds are trust funds created on behalf of bankrupt asbestos companies with a possibility of having an asbestos suit filed against them. Many companies set up trust funds years ago after going bankrupt. They created the trust funds to pay out compensation to victims who had already filed their claims and any individuals who filed claims in the future. Generally, the purpose of asbestos and mesothelioma trust funds is to put aside money for current and future asbestos claims.

ADAO and its Allies Score Big Win as EPA Agrees to Broader Asbestos Risk Evaluation

October 22, 2021 | Throneberry Law Group

Across separate settlements, the U.S. Environmental Protection Agency (EPA) commits to accelerate and strengthen asbestos risk reevaluation under the Toxic Substance Control Act (TSCA). On October 13, 2021, the Asbestos Disease Awareness Organization (ADAO), an organization dedicated to preventing asbestos exposure, said that the organization and its allies had reached settlements with EPA regarding the toxic mineral that causes mesothelioma. These settlements come after a heated legal battle over a contentious risk assessment. ADAO and its allies have been pushing for a comprehensive second risk evaluation for asbestos for some time now and are glad they struck these settlements with the EPA. According to the president and co-founder of ADAO, Linda Reinstein, a more robust and comprehensive evaluation will better document the massive harm asbestos continues to cause in America.

As per the deal, the Environmental Protection Agency will finish the second risk assessment by December 1, 2024. The second risk evaluation is expected to address the deficiencies in the first risk evaluation. In an agreement, the EPA agreed to, among other things;

Expand its second risk evaluation to include all six asbestos fiber types instead of only chrysotile asbestos.

New York City Mayor Waives Asbestos Fees as Part of Hurricane Ida Recovery Response

October 18, 2021 | Throneberry Law Group

According to NYC Mayor Bill De Blasio, repair and re-occupation of buildings damaged by Hurricane Ida is essential to the public health, economic well-being, and safety of New York City. In an attempt to help NYC repair damage caused by Hurricane Ida, Mayor Bill De Blasio, in early September, declared free asbestos removal services in New York. Emergency Executive Order No. 235, signed on September 7, 2021, retroactively dated the fee waivers back to September 1, 2021. On top of waiving fees for asbestos removal, Mayor Bill De Blasio waived the 7-day advance notice requirement for asbestos projects. For an applicant to be deemed eligible for suspension of the fees, they only needed to submit a certification that such work was due to storm damage. Normally, NYC requires submission of asbestos abatement permits and workplace safety plans one week before work starts. Emergency Executive Order No. 235 took effect on September 7 and remained in effect for five days.

The waiver of asbestos fees was meant to relieve an additional burden for property owners who were already dealing with storm damage. NYC Mayor Bill De Blasio recognized that property owners would require permits, inspections, document filings, and applications associated with repair work as part of the recovery after Hurricane Ida. So, in an attempt to help property owners, the mayor allowed the Department of Environmental Protection to waive fees related to asbestos removal. On the other hand, the Department of Buildings was given the power to waive fees associated with construction document filing fees, electrical permits, special fees, and permit filing fees.

More Tools and Recommendations for Communities Cleaning up After Hurricane Ida