Asbestos

Indiana, Kansas latest states considering asbestos claims limits

March 13, 2018 | Throneberry Law Group

Legislation that would limit asbestos lawsuits continues to make the rounds throughout the country with Indiana and Kansas lawmakers being the latest to consider it. Created by conservative organization the American Legislative Exchange Council (ALEC), the bill in similar formats has been enacted in 12 other states.

Critics charge that such legislation is unfair to terminally-ill cancer victims who were exposed to the fire-resistant asbestos while on the job. If the bill is enacted, they would not be able to sue a manufacturer after more than 10 years had elapsed since being exposed to asbestos. However, asbestos-related diseases are seldom diagnosed within 10 years of exposure.

Mesothelioma: a usually fatal cancer

Michigan Lawmakers Pass Bill Restricting Access to Justice for Mesothelioma Victims

February 26, 2018 | Throneberry Law Group

Michigan state lawmakers recently passed legislation that could severely restrict access to justice for mesothelioma cancer victims seeking their day in court to recover vital compensation and hold asbestos companies responsible for their dangerous products. The 58-51 vote, along party lines, passed the Asbestos Bankruptcy Trust Claims Transparency Act as a means to prevent so-called “double dipping” by plaintiffs seeking to recover the compensation they need to pay for medical bills and lost wages.

In some states, mesothelioma cancer victims have the option to file administrative claims with asbestos bankruptcy trusts set up by companies wthat sought federal bankruptcy protections but still needed to fund settlements for future liabilities. Michigan is one of numerous states that recently passed similar legislation forcing plaintiffs in civil lawsuits against solvent parties to disclose whether or not they have filed claims with any asbestos bankruptcy trusts.

Unfortunately for plaintiffs, the law also has another built-in component designed to deny and delay otherwise meritorious claims Under the bill, if the defendant in an asbestos action identified an asbestos trust claim not previously identified that the defendant thinks the plaintiff could file, the defendant could request a stay of the proceeding.

Congresswoman Introduces Legislation to Protect Children from Asbestos in Makeup

February 13, 2018 | Throneberry Law Group

Michigan Congresswoman Debbie Dingell recently introduced legislation to protect children from the hidden dangers in makeup products recently pulled from store shelves after news investigations revealed the contaminated merchandise was circulating in popular stores. The legislation, dubbed the Children’s Product Warning Label Act of 2018, would impose new labeling requirements on all cosmetic products marketing to children and inform consumers whether or not the items have been properly vetted.

If passed, the Children’s Product Warning Label Act of 2018 would require cosmetics companies to include a warning label that the product has not been evaluated for asbestos contamination unless certain testing is performed. This includes the manufacturer attesting in writing to the Secretary of the FDA that the source of the cosmetic products comes from an asbestos free-mine, and that they demonstrated to FDA that the product is asbestos-free using the transmission electron microscopy method.

“Parents across the country should have the peace of mind in knowing that the cosmetics they buy for their children are safe. Yet we were all stunned when the retailer Claire’s pulled 17 products from their shelves after asbestos was found in cosmetics marketed to children, including glitter and eye shadow,” said Dingell. “No child should be exposed to asbestos through the use of common, everyday products.”

First Talcum Powder Asbestos Cancer Lawsuit Trial in New Jersey Begins

January 27, 2018 | Throneberry Law Group

Jury selection has begun in the first talcom powder asbestos cancer lawsuit against Johnson & Johnson in New Jersey, with opening statements expected to be made a few days later. Legal experts across the country will be keeping an eye on the case after a California jury sided with the defense in a similar case alleging that Johnson & Johnson’s asbestos-contaminated talcum powder products caused a female plaintiff’s mesothelioma cancer.

According to the mesothelioma cancer lawsuit, filed in Middlesex County Superior Court, the plaintiff developed mesothelioma as a result of using Johnson & Johnson’s talc-based products, Baby Powder and Shower to Shower. The plaintiff claims that she inhaled asbestos fibers from the contaminated products produced by the defendants and that they knew the products to contain asbestos but chose not to warn users.

In their response to the lawsuit, the defendants denied liability for the plaintiff’s injuries, claiming that faulty tests on their products revealed false positives showing the presence of asbestos. Johnson & Johnson recently had a successful defense of a similar asbestos talcum powder cancer claim in California and the plaintiff’s attorney secured a substantial $22 million jury verdict against Imerys Talc America, Inc. and Vanderbilt Minerals, LLC in California state court.

Employers should follow OSHA standards for hurricane cleanup

January 22, 2018 | Throneberry Law Group

Last year was a particularly destructive hurricane season. Hurricanes Irma, Harvey, Jose and Maria spread destruction through the Gulf Coast and the Caribbean. The process of recovering from the damage is ongoing, and probably will be for a long time. Cleanup workers have already started clearing damaged structures and rebuilding entire neighborhoods.

Cleanup personnel face unique hazards when it comes to working with the damage from hurricanes. One of the biggest risks is exposure to asbestos. When it comes to cleaning up in the wake of a hurricane, you should be aware of the potential exposure to asbestos as well as your employer’s responsibility to protect you.

The risks of hurricane cleanup

Mesothelioma Victim’s Widow Takes Appeal to Missouri Supreme Court

January 2, 2018 | Throneberry Law Group

A Missouri Appeals Court recently transferred what could be a precedent setting mesothelioma cancer claim to the state Supreme Court after the court determined that the two sides presented constitutional challenges to Missouri’s 2014 law governing mesothelioma workers’ compensation claims. Filing on behalf of her deceased husband, the plaintiff seeks over $500,000 in benefits under Missouri’s new law for herself and children as dependents while the defendants argue that because the victim’s asbestos exposure took place before the new statute took effect it should not be liable to pay benefits.

According to documents filed with the Missouri Court of Appeals, for 30 years the victim worked as a vinyl tile installer and was repeatedly exposed to asbestos using a material called “cut back,” which is a vinyl adhesive. Many years after retiring, the victim suffered a serious coughing fit in November 2017 and was hospitalized with what doctors ultimately diagnosed as complication from mesothelioma cancer.

In February 2015, the victim filed a workers compensation claim against his employer but succumbed to the diseased while the outcome was still pending. The victim’s spouse then filed an amended complaint listing herself as a dependant and eight children as survivors to receive his benefits. The plaintiff filed her claim under Section 287.200.4 of the Missouri Code which is “for all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in a permanent total disability or death.”

Maryland Lawsuit Could Give Families More Time to File Asbestos Cancer Claims

December 30, 2017 | Throneberry Law Group

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for iStock-460053679.jpg

Maryland’s Court of Appeals is slated to hear an important mesothelioma lawsuit brought by the family of a former pipe fitter that could have a tremendous impact on other claims challenging the statute of limitations under state law to bring mesothelioma claims. Currently, Maryland state laws allows victims or those representing their estates to bring mesothelioma lawsuits 20 years after exposure to asbestos, but the plaintiffs’ challenge could greatly extend that time period.

The plaintiffs in this case brought the lawsuit on behalf of their loved one, who worked as a steamfitter at the Morgantown Generating Station in Charles County, Maryland. A nearby Westinghouse turbine was insulated with asbestos in 1970, which the plaintiffs claim caused the victim’s passing in 2013 due to mesothelioma.

Mesothelioma is a rare and deadly form of cancer, commonly affecting the thin lining of tissue surrounding the lungs and abdomen. The disease is caused by asbestos exposure and while there are numerous promising scientific breakthroughs being made every year to treat the cancer, there is still no definitive cure to rid patients of mesothelioma.

What Can Fire Departments Do to Prevent Asbestos Exposure?

December 29, 2017 | Throneberry Law Group

Every day, firefighters face danger. Unfortunately, not all of that danger stems from the fires they fight. Some of that peril is in the carcinogens enmeshed in their gear from fighting those fires. In fact, their dirty turnout gear and the time they spend battling fires, absorbing carcinogens, is increasing the risk for cancer and increasing cancer-related deaths in firefighters.

Preventing Asbestos Exposure

But what can fire departments do to help prevent asbestos exposure? They’re already wearing protective gear, but that gear, may have been exposed to clouds of asbestos fibers. When they remove their gear, those fibers can spread. If it’s not handled properly, it can then pose a risk to those around it. Anyone who breathes in the fibers or touches the gear can be at risk.

Pennsylvania Court Sides with Mesothelioma Plaintiff and Denies Transfer

December 17, 2017 | Throneberry Law Group

A judge in a Pennsylvania state court recently issued a ruling siding with the plaintiff in a mesothelioma cancer lawsuit, denying the defendant’s motion to transfer the case to another court over a legal technicality. By keeping the case in the Pennsylvania Court of Common Pleas for Allegheny County, the case will continue to move forward despite the best efforts of the defendant’s attorneys to deny, delay, and defend the claim that would help compensate victims and hold the liable parties responsible for causing the victim’s cancer diagnosis.

In her lawsuit, the plaintiff claims that her mesothelioma cancer diagnosis was caused by the defendant, Colgate Palmolive, manufacturing talcum powder contaminated with asbestos fibers from the mine where the mineral came from. The case is one of several talcum powder asbestos cancer lawsuits filed by victims across the country, arguing that their diagnosis was caused by carcinogenic cosmetic products manufactured by Colgate Palmolive.

For their part, the defendant’s attorneys asserted that employment records at Naval Support Activity, Mechanicsburg, Pennsylvania showed good enough cause to have the case removed from Allegany County and transferred to Mechanicsburg County Court. As is common in many asbestos cancer lawsuits, the defendants appear to have attempted to blame the plaintiff’s condition on another party, despite any evidence showing so. Fortunately, the judge hearing the case rejected the defendant’s motions and kept the litigation process moving in court.

New Study Shows Improved Life Expectancy of Peritoneal Mesothelioma with Two-Stage Treatment

December 4, 2017 | Throneberry Law Group

A recent study published in the Annals of Surgical Oncology highlighted a promising treatment that could possibly extend the life expectancy for patients suffering from malignant peritoneal mesothelioma. According to the report, a large portion of patients in a studying undergoing two-stage cytoreduction and intraperitoneal chemotherapy regimen had a significantly longer lifespan thanks to the treatment.

The treatment worked by first putting the patient through cytoreductive surgery, a procedure that removes tumors from inside the abdominal wall of mesothelioma patients. After undergoing surgery, doctors treated the patients with intraperitoneal chemotherapy to help kill any mesothelioma tumors possible left over from the surgery.

Doctors then monitored patients with CT scans of the abdomen, chest, and pelvis every six months for signs of tumor growth. Patients with tumors received a second round of cytoreduction and intraperitoneal chemotherapy while those without tumors only received the chemotherapy portion of the treatment.