Archive for the 'Litigation/Lawsuits' Category

Libby, Montana:Health Emergeny Due To Asbestos

In Libby, Montana asbestos has killed more than 200 people and the Environmental Protection Agency has now declared a health emergency because of mesothelioma. The declaration is the first of its kind in the United States.

The meso declaration will bring over $130 million to Libby, Montana in aid for asbestos cleanup and medical assistance. Roughly $6 million of the aid will go towards local health care, to screen, diagnose, and treat illnesses like mesothelioma in and around Libby, Montana.

For years the disease and death rate from asbestosis and mesothelioma have been considerably higher than the national average in the Libby area. Asbestos Dust and particles coming from the asbestos mine have contaminated the air but beyond that tailings from the facility have been used to fill driveways, gardens and even playgrounds.

"Literally no matter where these residents turned, they were being exposed yet again," EPA Administrator Lisa Jackson said. She said the declaration "should be a reminder of the serious consequences of mismanaging hazardous material."

In May, W.R. Grace, the company responsible for the operation of the mine that has contaminated the area, and three of their executives were acquitted of criminal charges that stemmed  from the mismanagement of the mine.

Learn your mesothelioma legal options.

Former Navy Worker Wins $1.2 Million in Mesothelioma Lawsuit

The family of a former Navy worker who died from mesothelioma has been awarded $1.2 million against John Crane Inc. After a six month struggle with mesothelioma, Gerald Gray of Suffolk, Virginia died just five weeks prior to his trial.

Gerald Gray worked on several ships over the course of a 20-year Navy career beginning in 1951. During his time with the Navy he breathed in asbestos fibers during repair jobs, as parts were changed out. Gray rose to become the command master chief for the Atlantic fleet, the Navy's second-highest enlisted rank. He retired from the Navy in 1971 and became a local schoolteacher. One of his last wishes was for hospice workers to bring in a U.S. flag so that he could hold it as he died.

The lawsuit alleged that the negligence of five manufacturers led to Gray’s death. Moreover, the lawsuit contends the companies knew about problems with asbestos before the workers were exposed, but took no action. The lawsuit against the five manufacturers totaled $4 million, but four of the five defendant companies settled out of court for an undisclosed amount before the case went to trial. However, John Crane fought the case and was ordered to pay 30 percent of the blame for the damages, or $1.2 million.

Family Wins $4.5 Million in Asbestos Case

The family of a man who died of mesothelioma has won a $4.5 million dollar settlement in an asbestos exposure case. 

Robert Wagner installed tiles, wood, and many other materials that contained asbestos. Most of his work was done before OSHA had regulations in place to deal with asbestos on construction sites.

Wagner died of mesothelioma 30 years after he had been working with the contaminated products, his family states that he developed mesothelioma from working with the contaminated materials. Wagner’s lawsuit was filed against several different companies. The three largest companies affected by the claim were Bondex International Inc of Ohio, Allied Manufacturing of Springfield, MO, and Conrad Corporation of Wilmington, Delaware.

It took jurors 3 weeks of testimony to decide in Wagner’s favor. Two of the jurors felt that the companies were aware of the asbestos in the products but failed in determining the level of exposure that could prove to be deadly.

Former Navy Worker Wins Over $12 Million in Mesothelioma Lawsuit

A former Navy machinist, who developed mesothelioma after years of asbestos exposure, has won over $12 million dollars in damages. Charles H. Cundiff, 66, handled insulating cement while working on the USS Kitty Hawk during his years of military service from 1962 to 1966. Many years later, Cundiff was diagnosed with mesothelioma due to asbestos exposure from the insulating cement.

Cundiff filed a lawsuit against John Crane, Inc., which made Insulag, and Lone Star Industries, which delivered the asbestos-laced insulating cement to Puget Sound Naval Shipyard. During the overhaul of the vessel at the shipyard, Cundiff cleaned, repaired and replaced valves, gaskets, pumps and packing’s and used Insulag cement in two engine rooms.

A Los Angeles County jury ruled on Monday that these two companies made a defective product and failed to warn Cundiff of its health hazard. For this they determined that John Crane, Inc. and Lone Star Industries must pay Cundiff $10 million for pain and suffering and $506,000 in economic damages for lost wages because he is now afflicted with mesothelioma. Additionally, his wife was awarded $1.5 million for loss of consortium.

Wisconsin Widow to Sue FMC Corp.

The widow of a Wisconsin man who died of Mesothelioma in 2004 will be allowed to sue a company who sold brake parts that contained asbestos. The widow of Walter Tatera blames the company for exposing her husband to asbestos and causing his eventual death due to mesothelioma.

The court's decision states that Tatera can sue the supplier of the linings, FMC Corp., for negligence for failing to warn that the parts contained asbestos and could be dangerous.

The company has denied these allegations and the case will go to trial.