| |
| In This Section | | |  |
|
|
Archive for July, 2009
Monday, July 27th, 2009
Over the 4th of July weekend, residents of the Mountainview, CA, Americana apartment complex were forced to move as the complex prepared for an asbestos abatement and remodeling project.
The project was spurred by a recent lawsuit against the complex over asbestos exposure that occurred in 2007 during roof work. This time, the complex owners, Prometheus Real Estate Group, plan to remove “popcorn” ceiling material containing asbestos.
Some residents expressed frustration over the short notice requiring them to move to temporary housing or terminate their lease early due to the asbestos abatement project. They noted that the project has been planned for months and residents should have had more notice.
Residents were encouraged to take all their belongings with them to prevent deadly asbestos dust from settling on them during the project; however, the complex noted that items left behind would be covered.
Construction materials containing asbestos, such as roofing, insulation and ceiling materials, can release microscopic asbestos fibers. These fibers can be breathed in and cause pleural mesothelioma, a rapidly progressing and deadly cancer of the lungs for which there is no cure.
Our mesothelioma attorneys often blog about the dismay and disbelief we feel over the rampant disregard for human life shown by people and companies doing asbestos remodeling projects without proper asbestos abatement precautions. Nearly every week we report on some careless project that released asbestos into the air. For once, despite the residents’ frustration over the short notice, we’re happy to report an instance where proper precautions are seemingly being followed.
Tags: asbestos, mesothelioma Posted in news | No Comments »
Friday, July 24th, 2009
The City of Marshall, North Carolina, has been cited by the North Carolina Department of Labor for several asbestos violations during a recent remodel of the town hall. Included in the citations is a $1750 fine for failing to protect workers from asbestos.
Among the asbestos violations cited against Marshall are:
- A competent person did not oversee the work and conduct an exposure assessment.
- Engineering controls and work practices in accordance with the law were not used.
- Asbestos workers dry swept and/or shoveled asbestos.
- A respiratory protection program was not used.
- The presence, location and quantity of asbestos was not identified prior to the start of the remodel.
An architect that worked on the project on a volunteer basis filed a complaint with OSHA that led to an inspection by the N.C. Department of Labor’s Occupational Safety and Health Division. The architect, Katherine Bond, wrote in a letter to the Board of Aldermen, “What started as a concern over a potential fire hazard with new insulation being placed on an existing ceiling has resulted in the improper removal of material which I believe contains asbestos. This material was removed by town employees without proper equipment and job site safety procedures.”
What is a $1750 fine compared to the fear of mesothelioma those workers will carry for the rest of their lives? How little mesothelioma medical care would $1750 buy? It appears the town administrators are fully engaged in finger pointing at one another as a result of the citation. We sincerely hope that the victims and families of this botched remodel receive the compassion and support they deserve.
Tags: asbestos, fines, mesothelioma Posted in news | No Comments »
Thursday, July 23rd, 2009
On March 13th, the Honorable Judge Tobin and a jury of six found in favor of David Fortier’s widow, Gail Fortier. Our mesothelioma attorneys celebrated the verdict that held the Allis-Chalmers Corporation accountable for exposing Mr. Fortier to asbestos in their marine pumps during his 4 years as a Navy Fireman aboard the USS Forrestal. The award was the largest asbestos verdict in Connecticut’s history.
Mr. Fortier was diagnosed with mesothelioma at age 56, while working as a correctional officer in Daytona Beach, Florida. He was experiencing breathing difficulties he assumed were from a cold that just wouldn’t go away. An x-ray and a number of other tests finally led to his diagnosis.
Mr. Fortier had just recently retired and the couple was looking forward to spending their retirement years traveling the country in an RV. The disease rapidly progressed and Mr. Fortier was so sick that he was unable to meet the grandson that was born just one week before his death.
Tags: asbestos, mesothelioma Posted in news | No Comments »
Wednesday, July 22nd, 2009
Bids recently submitted to Vineland’s city officials for the demolition of buildings at 810 East Chestnut Avenue, in preparation for the building of a new firehouse, have been thrown out. The city’s Business Administrator, Denise Monaco, admitted that the city’s initial request for bids on the project did not include information indicating that asbestos abatement was an important factor in the project.
This oversight was discovered when city officials noted a large disparity in the bidding prices. As the city investigated further, they found that some contractors were aware of that asbestos was present in the buildings, and some were not.
16 contractors initially submitted bids for the demolition. “They should have taken asbestos cleanup into consideration,” said Monaco. “Some did take it into account, but the specifics should have been made clearer. That’s why we sent out another bid.”
The buildings involved in the demolition are an old warehouse, office building and one of the city’s oldest school buildings. The city assumed that, because of their age, contractors would automatically suspect asbestos.
We at Simon, Eddins and Greenstone, LLP, regularly monitor asbestos and mesothelioma news. And we despair to see a continuing trend of ignorance, blunder, and willful disregard when it comes to the safe handling of asbestos, especially in demolition projects.
What would have happened if Vineland city officials hadn’t become suspicious of the disparity in bids and chose one of the less expensive ones that didn’t include asbestos abatement? Would demolition have begun and only after asbestos was released into the air would it have been discovered?
Asbestos is a carcinogen that causes diseases such as mesothelioma, lung cancer and asbestosis. It is a naturally occurring substance made up of microscopic fibers and was heavily used in manufacturing, construction and ships as well as other industries throughout most of the 20th century. When a victim is exposed to asbestos, they inhale or swallow the fibers, which then can become lodged in the mesothelial lining of the chest, lungs, heart or stomach and lead to deadly mesothelioma.
Tags: asbestos, mesothelioma Posted in news | No Comments »
Friday, July 17th, 2009
The idea of having a family member or friend handle a victim’s mesothelioma lawsuit is appealing to some people. After all, if you have a relative that is a lawyer, who better to represent your case than someone who is committed to your cause because they love you and are passionate about the outcome?
In truth, there are a number of problems with this reasoning:
- Tort law is a legal specialty, and mesothelioma law is a sub-specialty of tort law. Would you trust your podiatrist to give you a heart transplant? In the same way that much of a podiatrist’s expertise has little to do with heart transplants, a family lawyer that has experience in drawing up wills, for example, will have little expertise that can be applied to a mesothelioma case.
- The same passion that a family member or friend could bring to your case could become a liability. Strong emotion can at times interfere with reason, and sound reasoning is essential to an effective mesothelioma lawsuit.
- You can be certain that the asbestos manufacturers and employers named as defendants in your case will spend big money to hire the most experienced mesothelioma defendant attorneys available. These attorneys will also have a list of “expert” witnesses they’ve worked with that will testify in their defense. These defendants are Goliaths and a fight against them should only be attempted by a legal team that knows how to maneuver and spot their weaknesses.
- The cost of adequately preparing and trying a mesothelioma case can be huge—even if a friend or relative is donating their time. Coming up with the money to pay for these expenses on your own could be a huge obstacle—and if you lost your case, the burden on the family would be even greater.
Why You Should Choose a Mesothelioma Trial Attorney
- We specialize in trying mesothelioma cases and our case history includes numerous successful verdicts in favor of our clients. (Results depend on the details of each case.) So, following our example from above, instead of bringing a podiatrist to your heart surgery, you’re bringing a heart surgeon with years of experience.
- We’re extremely familiar with the legal reasoning and maneuvering necessary for trying a mesothelioma case. Our mesothelioma attorneys stay on top of changes to laws as well as legal precedents. But we also treat our clients with compassion and dignity. We recognize the pain and suffering your family is going through, and our support staff is dedicated to helping you through this difficult time.
- We have the resources to take on the Goliaths of the asbestos industry. Our training, experience, relationships and financial resources are dedicated to your case, and we approach the fight with confidence.
Tags: asbestos, defense tactics, mesothelioma Posted in legal advice | No Comments »
|
|
 |
|
 |
|
| Are you Eligible for Financial Compensation? |
|
|
|
|
 |
|
 |
|
|