Asbestos

Why are Mesothelioma Rates in Women Increasing?

March 6, 2022 | Throneberry Law Group

Mesothelioma is a type of cancer that is caused by asbestos exposure. Some people assume that mesothelioma is a disease that only affects men. Indeed, historically, mesothelioma has been more prevalent in men. But, today, the balance is tipping. More and more women are being diagnosed with this fatal disease. So, why is there a growing increase in mesothelioma in women? Read on to find out.

Women and Asbestos Exposure

In the 20^th century, asbestos exposure in the workplace was quite common. Workers in numerous industries, including the following, were routinely exposed to mesothelioma;

Seven Myths About Asbestos Debunked

February 1, 2022 | Throneberry Law Group

Despite all the available information, many myths about asbestos, the dangerous naturally occurring mineral that causes life-threatening illnesses, persist. Unfortunately, many people continue believing these myths, which can prevent individuals from seeking necessary medical treatment and/or exploring their legal options after a diagnosis.

Below, we will debunk seven of the most prevalent myths about asbestos.

Myth #1: All Asbestos Use Has Been Banned

New California Law Aims to Provide Justice for Surviving Family Members in Mesothelioma Cases

January 22, 2022 | Throneberry Law Group

California has allowed victims’ pain and suffering damages to die with them for decades. In other words, California has long barred surviving family members from obtaining pain and suffering damages. Usually, pain and suffering damages are the greatest sum of money at stake in a civil suit. For a very long time, California law limited the damages that surviving family members could recover to the loss or damage that the decedent incurred before their death, including punitive damages that the decedent could have been entitled to recover if they had lived.

Finally, in January 2022, amendments to the California law that long barred surviving family members from recovering pain and suffering damages went into effect. California’s new law now allows surviving family members to recover pain and suffering damages on behalf of their deceased loved ones. Senate Bill No. 447 (SB 447) increased the number of payable damages to include pain and suffering damages.

Before the passing of SB 447, liable parties used to take advantage of the fact that surviving family members could not recover pain and suffering damages, which often resulted in multi-million-dollar payouts. When companies and individuals were sued, they used to drag out the trial, hoping that the plaintiff would die, allowing them to save money. To some, the previous California law rewarded companies and individuals for bad behavior (prolonging court procedures). Hopefully, SB 447 will end the injustice by allowing family members to pursue suffering damages even if their loved one dies before their claims are resolved.

Is Mesothelioma Contagious?

December 30, 2021 | Throneberry Law Group

Mesothelioma, just like other forms of cancer, is not contagious. Touching, sharing meals, or even breathing the same air cannot spread mesothelioma. Generally, cancer cells from a cancer patient cannot live in the body of a healthy person because the immune system usually destroys foreign cells, including cancer cells from a cancer patient.

How Does a Person Get Mesothelioma?

Asbestos exposure is still the only known cause of mesothelioma. According to the American Cancer Society, about eight out of 10 people with mesothelioma have been exposed to asbestos. Asbestos is a highly toxic substance that was commonly used before the 1980s, especially in construction, because of its durability and heat-resistant properties. When asbestos is disturbed, asbestos fibers get released into the air. If a person inhales asbestos fibers, the fibers can get into the lungs. When asbestos fibers get into the lungs, they can travel to the pleural lining of the lung and chest wall. Over time, asbestos fibers that reach the pleura can cause inflammation and scarring and cause mesothelioma.

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

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

Five Crucial Steps to Take After a Mesothelioma Diagnosis

October 6, 2021 | Throneberry Law Group

Mesothelioma is a rare type of cancer that begins in the lining of the chest, lungs, or abdominal cavities. According to the American Cancer Society, the leading cause of mesothelioma is asbestos exposure. Asbestos is a highly toxic and naturally occurring mineral that was widely used in construction and other industries until the late 1990s.

After a mesothelioma diagnosis, an individual may feel devastated and overwhelmed. Usually, after a mesothelioma diagnosis, people do not know what to do. The many questions that run through an individual’s mind after they get diagnosed with mesothelioma often make it hard for a person to take positive steps to cope with the diagnosis. Therefore, it is important for an individual to focus on the actions to take after a mesothelioma diagnosis so they can be able to move forward. Indeed, there may be a lot a person needs to do after a mesothelioma diagnosis. However, it helps to focus on one step at a time.

The order can vary, but, among others, below are five crucial steps to take after a mesothelioma diagnosis.

The Threat of Asbestos Exposure After a Hurricane

October 4, 2021 | Throneberry Law Group

Whenever a hurricane season approaches, people within hurricane-prone regions of the United States of America prepare by stocking up on food supplies, gasoline resources, water, and materials to strengthen and protect homes. While stocking up on all of these is important, preparing to deal with the risk of asbestos exposure once a storm has passed is equally important. Unfortunately, many people do not know about the threat of asbestos exposure after a hurricane.

Why is Asbestos a Threat After a Natural Disaster?

Asbestos, a naturally occurring mineral that is heat-, electricity-, and corrosion-resistant, was used throughout most of the 20th century in countless construction materials. These materials are considered safe as long as they remain in good condition and undisturbed. When asbestos-contaminated materials degrade over time, they may become damaged due to a number of forces such as renovation and unexpected natural disasters like hurricanes. Natural disasters such as hurricanes can damage asbestos-containing materials in buildings in ways that lead to asbestos exposure among homeowners, first responders, and cleanup crews.

OSHA Fines Three Firms for Exposing Residents and Workers to Asbestos at a Residential Care Facility in Missouri

September 19, 2021 | Throneberry Law Group

According to a federal workplace report on safety inspection, three companies exposed residents and workers at a Missouri residential nursing facility to asbestos hazards during a flooring replacement project. The three companies also failed to ensure safe asbestos removal during the project. Early this year, OSHA began an inspection in the residential nursing facility based on a referral from the Missouri Department of Natural resources. More than 30 days after the flooring work began, OSHA evacuated the nursing facility’s residents.

According to OSHA, three companies, namely; SRZ OP Bentonview, SRZ Mgmt Holdings, and Eastern Coast Management Inc., failed to conduct their work professionally and safely in various ways. According to OSHA, these three companies did not check for the signs of the dangerous substance, asbestos, and neither did they build barriers to contain the site. Also, the three companies in question failed to provide PPE and respiratory equipment to workers to prevent asbestos exposure. OSHA further claims that workers from the three companies did not complete an asbestos assessment to determine the presence of asbestos even after removing approximately 10,000 square feet of floor tiles containing asbestos.

According to samples collected at three different locations in the nursing facility, there was a huge asbestos concentration in the facility. Approximately 45% to 51% of the samples contained chrysotile asbestos. White or chrysotile asbestos is the most commonly encountered form of asbestos in the U.S.