A federal jury has recently found two attorneys guilty of fraud in what is being called a frivolous suit. William Guy and Thomas Brock filed a mesothelioma suit against Illinois Central of Chicago in 2006. Allegedly, Guy and Brock concealed involvement of two clients in a past class action suit.

Mesothelioma and its cause, toxic chemical asbestos, continue to be leading reasons for lawsuits, both class action and individual. Mesothelioma is a rare cancer begun by asbestos fibers mutating lung-lining cells. It is characterized by a long latency period and a short life expectancy following diagnosis. There are several mesothelioma treatments available, but no cure.

Asbestos has been associated with manufacturing industries and construction in the US for decades. Shipbuilding, munitions manufacturing, insulation materials, paints, building equipment such as floor and ceiling tiles have all gained reputations for association with, and often contamination by, asbestos. There are countless possibilities for asbestos exposure throughout American homes and workplaces, leaving much room for negligence and misconduct.

Asbestos can be removed from buildings and facilities, but the costs associated with such a job can run high. Materials containing asbestos that are left intact pose no health threats. However, to be removed from a home or building, the materials must be broken down which can release the dangerous fibers into the air. There are several ways to minimize risks and strict regulations to be followed.

Water is often used to soak down all materials in an effort to minimize airborne fibers. All involved should wear respiratory protection and clothing should be cleaned on site to inhibit spread of fibers. Clean up is done with a HIPAA grade filter to insure no dust is left behind after work is completed.

In addition to all common-sense precautions are regulations of the Environmental Protection Agency’s Clean Air Act regarding asbestos. Even with such standards in place many groups and individuals have been found cutting corners and falsifying reports, putting others at risk.

Between industrial use of asbestos and removal protocols, there is plenty of room for wrong action and lawsuits. However, in the case of Guy and Brock, it seems their suit was based more on hype that on fact. They have been ordered to return the settlement amount of $210,000 as well as an additional $210,000 in punitive damages. Illinois Central wants compensation for nearly $1 million dollars spent in attorney fees. US District Judge David Bramlette has ordered an accounting from both sides of all associated fees. If Illinois Central is not granted compensation, they would have spend over twice the amount they have already received.

A UK mesothelioma widow is seeking damages after the death of her husband. Alan Moore died in 2008 following a battle with rare cancer mesothelioma. Moore’s wife, Miriam, is continuing litigations against her husband’s former employer for compensation.

Moore was exposed to asbestos during his employment at a Newcastle shipyard, which allegedly caused his fatal case of mesothelioma. Moore worked as an electrician in the yard located on the Tyne River.

The Moore family’s lawyer said, “Alan was a very fit man, but, at the end, did suffer from terrible breathing difficulties. In Alan’s case, he first experienced significant asbestos-related respiratory disability in early 2007. This became increasingly debilitating towards the end of his life.”

There are no known curative treatments for mesothelioma, which is almost solely caused by exposure to asbestos fibers. Asbestos and mesothelioma continue to be a consistent source of workplace hazard litigations. For decades in the western world, asbestos has played a large role in industries such as shipbuilding, oil refining, construction and munitions manufacturing. Asbestos is also associated with residential building materials such as floor and ceiling tiles.

Health risks linked with asbestos have become more apparent in the last few decades and its use has greatly diminished. Many nations have discontinued use of asbestos in building and construction and now have regulations in place to protect workers and residents from exposure to asbestos.

These regulations, however, are not always followed. An American man, Ray Barker, found this to be true. A former employee at Genesee County Community Action Resource Department, Barker discovered his employer dealing with asbestos materials in a dangerous manner.

Barker’s employer distributed free insulation as part of an assistance program for families in need. While installing the new materials, however, existing asbestos materials were allegedly disturbed, causing a potential health risk to receiving families. Barker shared his concerns with his employer and was then fired.

Later, Barker discovered a connection between an asbestos mine in Montana and the insulation product being provided through the company’s assistance program. He claims the company corrected their questionable dealings after he had been fired.

Ray Barker filed suit against his former employer and won $250,000 for wrongful termination. At this time there is no report of litigations against the company for fraudulent or wrongful misconduct in regards to the products they provided.

Executives of a non-profit face prison time after failing to follow safety precautions with teenagers. Rudy Buendia, Patrick Bowman and Joseph Cuellar, of now non-operational Firm Build in Merced, California, have been charged by a grand jury of violating Clean Air Act regulations and providing false statements.

In one of Firm Build’s training programs as may as eighty youths tore-out and demolished old building materials. Not only was the firm accused of using the teenagers as free labor, but the safety precautions taken were knowledgeably minimal. Cotton facemasks were the only protective respiratory provision for the youths as they tore up, hammered into small pieces, and removed old floor tiles and other building materials. Some of the teens reported that the dust was so thick they had to take breaks outside for fresh air.

That dust will haunt them for years to come. It has been found that the floor tiles and other materials in the building broken down and removed by the teenagers were made of the toxic chemical asbestos.

Asbestos fibers are known to cause severe health conditions. Lung cancer, asbestosis and the rare cancer mesothelioma can all begin from exposure to asbestos dust. Unfortunately, the latency times associated with asbestos related illnesses are so long that many patients have no idea they are developing a fatal disease until many years later. Mesothelioma typically takes twenty to forty years to develop into recognizable symptoms. There are no known curative mesothelioma treatments.

Merced County’s District Attorney Larry More II was appalled at findings in the case. He said, “We are simply at a loss to understand why the appropriate safeguards would not have been taken. These kids never bargained for this kind of a problem.”

Morse is specifically concerned for anxiety caused to the teenagers who know they have been exposed to asbestos, but will have no way to know the extent of the damage for years to come. “The sad fact of the matter is that some of these students, who were kids when they participated in these programs, may spend the rest of their lives wondering whether they will develop cancer or lung damage.” He continues, “It is frankly appalling that anyone would play Russian roulette with the health of teenagers simply to cut corners on a construction project. But that’s what appears to have happened.”

Firm Build’s executives are facing heavy fines and a potential fifteen years in prison.

UK based company, Mitchells and Butlers, were recently fined after allowing two employees to be ignorantly exposed to asbestos. Mitchells and Butlers were hired to provide refurbishments in a closed-down pub. The White Horse Pub at Harrowgate Hill in Darlington, was receiving needed repairs before re-opening.

Two Mitchells and Butlers workers were on the job to provide necessary repairs. Following instructions, they began drilling through the ceiling tiles when dust and debris fell directly on them.

Asbestos fibers cause many severe respiratory conditions including the rare and fatal cancer mesothelioma.

A survey of the property had been taken prior to beginning work at the pub. Asbestos risks in the areas to be repaired had been noted. However, before Mitchells and Butlers sent workers to the site, that work order was changed to include repairs in areas not tested for asbestos. The employees were following what they thought were safe and qualified instructions.

In response to Mitchells and Butlers’ carelessness, Health and Safety Executive Inspector Victoria Wise said, “Construction and maintenance workers are among those most at risk from asbestos-related diseases due to the nature of their work.

“Asbestos is still widely present in buildings constructed prior to 2000, so workers can often inadvertently disturb materials containing asbestos if the correct survey has not been carried out to check for its presence and appropriate control measures put in place.

“Mitchells & Butlers Retail Ltd knew there was asbestos in the building and should have ensured that all the areas where work was to be done had been checked for asbestos and the necessary precautions taken.

“Everyone who owns or operates commercial premises built prior to 2000 must ensure that a suitable and sufficient assessment for asbestos has been carried out prior to any construction work starting.

“In addition construction and maintenance workers should have asbestos awareness training so that they can recognise that some materials may contain asbestos and know what action to take.”

Jonathan Cook, a worker, is concerned after his exposure to the fibers.  “Because the effects of asbestos take a long time to show up, the worry of whether the asbestos has caused lasting damage to my health will stay with me for years to come,” he said.

“And it’s not just me – it’s a huge worry for my partner also, as there is a chance that she might have been exposed to fibres that were brought home on my work clothes.”