Asbestos

Five Crucial Things to Know About Asbestos

September 4, 2021 | Throneberry Law Group

Asbestos is a mineral composed of flexible and soft fibers that are resistant to corrosion, heat, and electricity. Although these qualities make asbestos a useful mineral, asbestos exposure is highly toxic. For a long time, asbestos was used in construction, fireproofing, and insulation.

Unfortunately, many individuals assume that asbestos exposure is a thing of the past while it remains a deadly public health concern. Even though scientists have long recognized the dangers of asbestos exposure and made these dangers known, asbestos-related illnesses and deaths remain a big concern. According to recent data, more than 40,000 asbestos-related deaths occurred in 2019 alone. Some of the common fatal asbestos-related diseases include asbestosis and mesothelioma.

There are many things users do not know about asbestos, yet it is important to be knowledgeable about this toxic substance. By being knowledgeable, you can take the necessary precautions against asbestos.

A Recent Report Shows That Asbestos Imports to the United States Nearly Doubled From 2019 to 2020

August 22, 2021 | Throneberry Law Group

The link between mesothelioma, a type of cancer, and asbestos exposure is irrefutable. In fact, asbestos is the only known cause of mesothelioma. Apart from mesothelioma, asbestos exposure can cause other diseases like asbestosis and lung cancer. In an effort to reduce cases of people developing mesothelioma and other asbestos-related diseases or cases of people dying because of mesothelioma and other asbestos-related diseases, many countries across the world have banned asbestos. Notable nations that have not banned asbestos include the United States, Brazil, China, India, Russia, and Canada. Therefore, while the United States of America has implemented prohibitions on asbestos manufacturing and has not produced asbestos for many years now, the nation continues to import this toxic substance. Unfortunately, the importation of asbestos into the United States means that Americans will continue suffering from the fatal effects caused by asbestos.

300 Metric Tons Imported in 2020

Based on a recent report, while the U.S. imports of asbestos have significantly reduced since the 1980s, there was a high increase in imports in 2020. The U.S. Geological Survey (USGS) released its annual Mineral Commodity Summaries on January 29, 2021, and the report shows a 74% increase in imports between 2019 and 2020. According to the report, the U.S. imported 172 metric tons of Chrysotile in 2019 and 300 metric tons of Chrysotile asbestos in 2020. Chrysotile is the only type of raw asbestos that is imported into the United States of America. According to the report, imported Chrysotile is used by the Chloralkali industry. The Chloralkali industry uses Chrysotile imported from Brazil to manufacture non-reactive semipermeable diaphragms, which come in handy in the industry.

Asbestos in Rental Properties and Apartments: Some Crucial Information for Tenants

August 22, 2021 | Throneberry Law Group

When it comes to apartments and rental properties, tenants usually care a lot about factors like the apartment or rental unit size, rent price, location of the apartment or rental, and safety features. Although these are important factors for tenants to consider, there are many more things people need to care about when it comes to the apartments or rentals they live in. For instance, tenants should be concerned about their rights in regards to asbestos in rental units and apartments. Even though asbestos is not widely used in construction anymore, this substance is still present in many rental properties built before the 1980s. Drywall, paint, cement, ceilings, floor tiles, roofing materials, insulation materials, plaster, and casing for electrical wires are features in older buildings that can contain asbestos materials.

What is Asbestos?

Asbestos, which is the name of a group of six unique minerals, is a naturally occurring fiber that is highly heat, electricity, and corrosion-resistant. Because of its qualities, asbestos was widely used in building materials from the early 1940s until its effects on human health became known in the 1970s. Many buildings built before the 1980s are thought to be asbestos-contaminated. Inhalation of asbestos fibers can lead to illnesses such as mesothelioma and asbestosis.

Preventing Asbestos Exposure

August 14, 2021 | Throneberry Law Group

Because of its resistance to corrosion, heat, and electricity, the naturally occurring mineral asbestos was a popular additive to various products in the 20^th century. Unfortunately, even though asbestos boasts of such qualities, this substance poses a threat to people’s lives. When inhaled, asbestos fibers can get stuck in a person’s body. Over time, trapped asbestos fibers can cause scarring, inflammation, and eventually asbestos-related illnesses like mesothelioma, a rare, aggressive, and fatal cancer. Usually, after asbestos exposure, it can take up to 60 years for someone to realize they have mesothelioma. Unfortunately, because of mesothelioma’s long latency period, sometimes people realize they are sick when it is too late. Nevertheless, it is vital to note that not everyone who falls victim to asbestos exposure develops mesothelioma.

As much as not every individual who falls victim to asbestos exposure develops mesothelioma, it is vital to take caution. Being cautious is especially important, considering the life expectancy of a mesothelioma patient ranges from 12 to slightly over 20 months. Even though asbestos is no longer commonly used, it still lingers in workplaces and homes. In the 20^th century, the cancer-causing substance was used in thousands of products, and many asbestos-contaminated materials can still be found in offices, homes, and factories across America. Therefore, to avoid asbestos exposure, people must educate themselves about the possible hiding places of asbestos. At work, workers may encounter asbestos in settings such as;

power plants

Identifying Asbestos. What Does This Toxic Substance Look Like?

July 24, 2021 | Throneberry Law Group

Asbestos is a natural mineral made of fibers that are resistant to corrosion, electricity, and heat. It is because of its qualities that the mineral was widely used in the 20^th century. However, even though asbestos boasts of these useful qualities, asbestos is highly toxic. When an individual inhales the asbestos fibers, the fibers can cause mesothelioma, a rare and aggressive type of cancer.

Today, asbestos is no longer being used in most new products and buildings. However, many old buildings, homes, and products still contain this toxic substance. Even after it was discovered that the substance is harmful, most asbestos-containing buildings were not banned. Additionally, many asbestos-containing materials and products were not forcibly removed from circulation, either. As a result, asbestos still poses a threat to homeowners, workers, and many other people.

Many people would want to know what asbestos looks like. Homeowners and renovators, most especially, would want to know how to identify this toxic substance before beginning home construction or renovation. Many schools, homes, and other buildings built before the 1980s contain asbestos, and during construction or renovation, people interact with asbestos-containing materials without even realizing it. Unfortunately, identifying asbestos is not that simple.

Washington Supreme Court Reinstates an $81.5 Million Verdict in Full in Mesothelioma Case

July 17, 2021 | Throneberry Law Group

According to a July 8, 2021 opinion, Washington Supreme Court reinstated an $81.5 million ruling in full after overturning an appellate court ruling for a wrongful death claim of an auto mechanic. According to the Supreme Court ruling, the Court of Appeals “overstepped the limited role played by appellate courts in the civil justice system and substituted its own subjective judgment for that of the jury and trial courts based on nothing more than the size of the verdict.”

The original claim was brought forward by the family and estate of the deceased mechanic who died in 2015 at the age of 67 of peritoneal mesothelioma. In 2017, after an approximately 12-week trial, a jury unanimously found NAPA Auto Parts and Genuine Parts Corp (GPC) liable in the mechanic’s death and awarded the deceased mechanic’s survivors $81.5 million. In its verdict, the jury found that NAPA and GPC were strictly liable and negligent for their defective asbestos-containing products used by the mechanic. Before his diagnosis and death, the deceased had worked with brake pads containing asbestos, and other parts manufactured by GPC and sold through NAPA for decades.

After the jury awarded the $81.5 million to the deceased’s mechanic’s survivors, GPC and NAPA moved for a new trial or alternatively to have the damages awarded lowered, which the trial court denied. The Court of Appeals then vacated the jury’s $81.5 million verdict and reversed the trial court in part. The Court of Appeals concluded that the trial court made a mistake when it excluded one of NAPA and GPC’s expert witnesses and applied what was referred to as “subjective determination.” The Court of Appeals also concluded that the jury’s award was excessive and ordered a new trial on damages.

The Difference Between Mesothelioma and Lung Cancer

June 27, 2021 | Throneberry Law Group

Even though mesothelioma and lung cancer are both deadly cancers, they are different diseases. Mesothelioma is a type of cancer that develops in the lining around the lungs and chest when a person inhales asbestos fibers. Asbestos, which is the only known cause of cancerous mesothelioma, is a naturally occurring mineral. The mineral was used as a building material before people became aware of its hazardous properties. Asbestos leads to mesothelioma because it causes changes at a cellular level. This toxic substance triggers inflammation, scarring, and damage that can cause cancer. Usually, when asbestos is disturbed, it releases tiny fibers into the air. When these fibers are inhaled, they get stuck in the pleural lining of the lungs and chest. Asbestos exposure is most prevalent in industrial workplaces.

On the other hand, lung cancer develops in the lungs and not in the lining of the lungs. Unlike mesothelioma, which has one known cause (asbestos), lung cancer has many known causes. Nonetheless, even though lung cancer often occurs because of other factors, the reality is that asbestos exposure can also cause lung cancer. When asbestos fibers get stuck in a person’s lungs, they can develop lung cancer.

After symptoms that suggest a serious lung problem start emerging, an individual might think they have lung cancer, when in fact they have mesothelioma, or vice versa, because both diseases can present a similar set of symptoms. Nonetheless, a history of being exposed to asbestos fibers is what physicians look for when trying to identify mesothelioma specifically. Some of the symptoms people with mesothelioma or lung cancer experience include;

Massachusetts Attorney General Sues Four Companies Over Illegal Asbestos Work

May 29, 2021 | Throneberry Law Group

Massachusetts’ attorney general recently filed a lawsuit against four companies that the state’s chief prosecutor claims improperly removed, transported, and stored asbestos during an abatement project at city YMCA building, which hosts daycare programs and housing. The lawsuit is another in a string of priority enforcement efforts brought by the state’s attorney general to bring asbestos enforcement to bear and is an important part of the office’s effort to protect vulnerable communities in the state and hold wrongdoers accountable.

“We allege that the defendants’ reckless disregard of basic workplace procedures and failure to take proper precautions put the health and safety of workers, building occupants, and the surrounding community at risk,” said Attorney General Maura Healey. “Those who deal with asbestos have a duty to do so in a safe and legal way to protect workers and the public from the serious harms of asbestos exposure, and we will take action against those who don’t comply.”

According to the lawsuit, filed in Suffolk Superior Court, Ray Services Inc., an asbestos abatement company, O’Reilly, Talbot, & Okun Associates, Inc., an environmental consulting company, Allegrone Construction Co., a general contractor, and Service Transport Group, a transportation company, each violated the Massachusetts’ Clean Air Act and corresponding regulations. Defendant Ray Services Inc. allegedly removed dry, spray-on fire-proofing material containing asbestos by scraping the material off ceiling ducts, pipes, and beams in unoccupied classrooms in the building.

Widow’s Mesothelioma Cancer Lawsuit Goes on against Conwed Lo-Tone Ceiling Tiles & Mineral Boards Despite COVID-19

April 18, 2021 | Throneberry Law Group

The effects of COVID-19 have been felt across nearly every facet of life in America, and the courts have certainly been no exception. With health and safety protocols limiting in-person gatherings, many individuals seeking justice through the courts have had their hearings and trials seemingly inevitably delayed until the United States is able to bring the virus under control in order to resume our way of life. However, some have been fortunate in that their cases have been able to continue with relatively modest delay, as in the case of a Minnesota factory worker whose trial is finally scheduled to take place in May 2021.

According to the asbestos cancer lawsuit, filed in Ramsey County District Court in 2019, the now deceased plaintiff was diagnosed with mesothelioma cancer in December 2018, and caused due to his exposure to carcinogenic asbestos fibers from his years of working the the Conwed Corporation’s mineral board plant in Cloquet, Minn. According to media reports, the city of Cloquet has a mesothelioma cancer death rate that is 36% higher than anywhere else in the state of Minnesota, and the rate of diagnosis is up to 70 times higher than the average. The report goes on to state that lung cancer screenings have shown that at least 30% of Condwed’s former employees surveyed have developed mesothelioma.

Mesothelioma is a rare and deadly form of cancer that usually affects vital organs such as the lungs, heart, and abdominal cavity. Developing the disease is directly associated with exposure to asbestos, a mineral that was once used in a variety of commercial, industrial, and military applications for its heat resistant properties and ability to be molded to fit a variety of uses. Conwed Corporation allegedly used asbestos in the construction of its mineral board products at the Cloquet plant from 1958 until 1974, the time period during which the deceased plaintiff was employed at the facility.

National Cancer Institute grants $2.5 million to study biological markers of mesothelioma

March 20, 2021 | Throneberry Law Group

The National Cancer Institute recently awarded a $2.5 million grant to a Baylor University medical professor to develop clinical tests that would enable doctors to determine the likelihood of a patient responding to immunotherapy regimens before the patient receives the treatment, which would save certain patients from immune-related adverse events. In recent years, immunotherapy has become a viable treatment to prolong the lives of patients with mesothelioma, but about half of those patients experience adverse events and the research being conducted could potentially identify those likely to have bad outcomes.

Mesothelioma is a rare and deadly form of cancer caused by exposure to asbestos, which was once commonly used in a variety of industrial, commercial, and military applications as an insulation and fire-retardant material. The disease commonly affects the thin linings of tissue surrounding the lungs and heart, but can also affect the tissues surrounding the abdominal cavity before spreading to other parts of the body.

Because mesothelioma has a latency period of anywhere from 20 to 50 years, patients are often left with diminished treatment options by the time the cancer is detected by a physician. As a result, surgery to remove tumors is not an option and patients must turn to radiation treatments to fight the disease, which can harm tissues surrounding the mesothelioma tumors. However, researchers continue to make progress on immunotherapies, which teach the body to use its own disease fighting mechanisms against mesothelioma tumors.