Asbestos Law Blog - Information and news for asbestos & mesothelioma victims

Diagnosed with mesothelioma a little more than 2 years ago, Patrick Burke at 55 had doctorstell him that he has a 10% chance to live 3 years. While he doesn't know if he'll survive to see the 2012 presidential election results, he won't let the deadly disease stop him from campaigning for his candidate of choice, Rick Perry. According to the Fort Worth Star-Telegram, Burke devoted the past week in support of Perry in Iowa. 

From Texas, Burke is a former Air Force veteran. To campaign for Perry was something on Burke's "bucket list." 

When interviewed by the Telegram, Burke explained that he thought that all citizens had a duty to get involved in the political process, "I tell everybody to put down their beer and stop watching The Simpsons.'

Sadly, about 33% of mesothelioma patients are veterans who were exposed to asbestos while in service. Then, after they left the Air Force, they frequently took jobs that further exposed them to asbestos. This extended exposure inevitably led to countless diagnoses of mesothelioma.

An article came out today in BuffaloNews.com about a story that could happen anywhere in this country.

Asbestos warning signs were posted recently at Marine Drive Apartments. No explanation was provided, which naturally caused a number of residents to wonder about their health and safety.

Housing Authority officials said a state mandate from the Office of Public Employee Safety and Health dictated when and where the signs were to be placed. The mandate did not allow time to inform residents before they went up.

Plans to hold a public informational meeting are in the works, they said.

“We’re not trying to inflame residents,” said Dawn E. Sanders, executive director of the Buffalo Municipal Housing Authority, which owns and manages the Marine Drive complex. “We didn’t have time before signs were put up to have a meeting with residents. The PESH report said we had to put up signs immediately, and that was the soonest we could have put them up. We didn’t randomly pick where to put them.”

The notices read, “Danger. Asbestos Cancer and Lung Disease Hazard. Authorized Personnel Only.” They were posted late last Friday afternoon at the elevators and the front and back doors of each of the seven buildings of the waterfront complex.

Problems began in August, when seven workers at Marine Drive removed asbestos around eight water valves to address a leaking problem. A state agency investigation determined that the employees had not followed proper rules for dealing with asbestos, and the Housing Authority was handed 17 citations. One of the required corrections involved posting asbestos-warning signs in specific areas.

The warnings also noted that confirmed or presumed asbestos- containing materials are present throughout the building, including floor tile, linoleum, plaster ceilings, heating pipes and all interior and exterior caulking.

The information had some residents worried about whether the affected areas included their individual units.

Only common areas, the boiler room and the maintenance room are affected, said Assistant Executive Director Modesto Candelario.

The good news is that most of the affected areas have already had abatement work done. Morever, residents will not have to be relocated, he added, because the abatement “won’t be done in their apartments.”

Earlier this month, the California Supreme Court heard oral argument in O'Neil v. Crane Co. How the CA Supreme Court decides the case will likely either expand or limit the duty of the product manufacturers to warn about the hazards of replacement parts that others made but that are then incorporated by the purchaser in the manufacturer's original product.

O'Neil is a case about a plaintiff's exposure to asbestos-containing gaskets and packing materials used in and around Crane Co's valves and pumps, which the Navy incorporated into the steam propulsion system aboard the USS Oriskany. The plaintiff had served on the Oriskany while he was enlisted.

Though the pumps and valves delivered to the Navy originally incorporated asbestos-containing gaskets and packing, all parties agreed that by the time plaintiff served aboard the Oriskany, the original asbestos packing and gaskets had been removed and replaced with packing and gaskets manufactured by third parties. Nevertheless, the plaintiff argued the pump and valve manufacturers had a duty to warn him regarding the hazards of asbestos. 

The Court did not appear to sit well with the proposition that the pumps and valves could be deemed defectively designed if the pumps and valves were “asbestos neutral,” and could function just as well in other systems utilizing non-asbestos containing materials.

This may be a large focus for the court with regard to assigning a duty to warn about replacement parts made by others only if the replacement part is identical to the original hazardous part, and the replacement part is essential to the function of the defendant’s product. We await the decision, which will come out in about two and a half months from today.

When I hear "major renovation," I think of dust and hammering for months. This is likely what's going on as part of the overhaul of the five-bedroom apartment at Kensington Palace in London, where Prince William and his new wife, Kate Middleton, will soon settle down.

However, first thing is first. Along with significant updates (the last renovation of the apartment was 1960), "Early indications suggest that large quantities of asbestos will have to be removed, as well as work on the heating and hot water systems and electrical wiring. The extent of the work needed to turn the apartment back into a home is not yet known, but it is expected that the apartment will not be ready for occupation until at least the middle of 2013." This was a statement made to People magazine.

The presence of asbestos in William and Kate's future home is gaining worldwide attention, especially given the rumors swirling about regarding the possibility that Kate is pregnant.

Back in 1960, during the last major renovation of Kensington Palace, asbestos use was widespread and nothing controversial. In fact, asbestos was the material of choice for flooring, ceiling tiles, and insulation for the Palace.

Back then, asbestos was a first choice as a material due to its heat and fire retardant properties. Before 1980, in construction projects and products manufactured, asbestos was incredibly popular.

Now, however, with the Palace renovation, many more people are learning about the importance of proper abatement and containment of this lethal substance.

Travelers Insurance Company (TRV.N) put 25 percent more into its asbestos claim reserves this year than it did last year. It's the latest large insurance company that has indicated that problems stemming from asbestos issues are worsening. The company recently announced that is involved in more litigation and significant payouts connected to asbestos related injuries.

However, although such claims are on the rise, the medical community reassures that the actual incidence of asbestos related illnesses, such as mesothelioma, are declining. For cases that emerge, doctors opt for more aggressive treatment, which contributes to rising costs for insurers.

Asbestos was at one point a popular insulating material, but is now known to cause severe lung diseases. Claimants say that insurers such as MetLife knew about the harmful effects of asbestos as long back as the 1920s. Yet insurance companies continue to deny any such knowledge about asbestos.

Numerous insurers, including Lloyd's of London, almost experienced financial ruin due to asbestos claims. Despite the avoidance of asbestos for new construction since the 70's, victims of asbestos exposure often do not learn about their illness for at least 30 years. 

According to A.M. Best, a ratings agency, the industry faces roughly $75 billion in exposure to asbestos claims, suggesting that some insurers are still not fully reserved for claims that they may inevitably face.