Law firm Patten Wornom Hatten and Diamonstein have just won a case for their client Rubert “Bert” Minton of Virginia. The case was brought against Exxon following Minton’s mesothelioma diagnosis. Minton’s doctors said the disease was caused by asbestos exposure most likely received during Minton’s time as a Newport News Shipbuilding employee.

Minton, now 72, worked for Newport News Shipbuilding for nearly twenty years. His early years at the yard were spent working as a fitter for new ship construction. Seven years later he began an eleven-year stint as a repair supervisor on commercial ships. Between 1966 and 1977 Minton worked regularly on Exxon oil tankers, where he was consistently exposed to asbestos.

Asbestos is a leading material in shipbuilding and other machine, equipment and munitions manufacturing industries. Used for its fire resistance and durable qualities, asbestos has been called the backbone of American industry. Currently considered a Type 1 carcinogen by the World Health Organization, asbestos use has greatly reduced in the last few decades. However, before the 1980’s, regulations and proper safety precautions associated with asbestos use were few and far between.

Asbestos is known to cause many severe illnesses, among them lung cancer, asbestosis and rare, aggressive cancer mesothelioma. Once asbestos fibers are inhaled or ingested they can begin a malignant development in the respiratory system. Most often found in lung lining, mesothelioma may also develop in the lining of other abdominal cavities.

About three thousand Americans suffer with mesothelioma each year. Mesothelioma is characterized by a long latency period, often between twenty and fifty years. Symptoms mimic those of pneumonia and bronchitis making mesothelioma difficult to diagnose once signs begin to demonstrate. There is no known cure for mesothelioma, although treatments are available. Surgery, chemotherapy and radiation therapy are all standard mesothelioma treatments used today. Average life expectancy following diagnosis averages eighteen months, ranging between six months and five years.

Minton’s lead attorney on the case, Bobby Hatten said, “The jury awarded Minton $12 million in compensatory damages, $12.5 million in punitive damages, and $430,961 in medical expenses, plus interest. That brings the total verdict to about $25 million.”

He continues, “But the $25 million verdict will be automatically reduced to about $17.5 million.” Hatten requested $5 million as the case began.

Patten Wornom Hatten and Diamonstein are celebrating with Minton in this victory. “Exxon got a good, old-fashioned horse whipping is what it is,” Hatten said. “They awarded two-and-a-half times what I asked for. That shows how upset they were at Exxon.”

A Colorado man has been found guilty on two counts by the Denver District Court. Robert Soyers, Jr., owner of Talon Environmental company, was discovered illegally storing and disposing asbestos materials. Talon Environmental marketed itself as an asbestos abatement business, working in Colorado Springs, Aurora and Greely Colorado between late summer 2005 and spring 2006. The toxic materials, however, were improperly handled, not only creating a potential public health hazard, but violating the Environmental Agency’s Clean Air Act.

Asbestos is a toxic chemical used in the US since the 1920s. Its fire resistance and durability allowed asbestos to become what some call the backbone of industry. Asbestos has been used in building and construction, shipbuilding, munitions manufacturing, fuel refineries, military equipment production, insulation materials and countless other areas of American industry. By the time asbestos health hazards were known the toxic chemical had been spread through homes, buildings and facilities across the nation.

Although asbestos is relatively safe when it is contained in a stable material, such as a floor tile or ceiling tile, it becomes a threat when the containing material breaks down or begins to wear. This causes specific dangers in fires, natural disasters or other planned or accidental demolitions. It is asbestos dust and fibers that cause fatal respiratory conditions.

Mesothelioma is a rare cancer caused by asbestos exposure. When asbestos fibers are inhaled into the lungs they can begin a mutative process leading to malignant tumor development. These tumors grow irregularly for several decades without external signs or symptoms; mesothelioma is characterized by a latency period of twenty to fifty years.

When symptoms do show they are often taken for those of pneumonia or bronchitis, making mesothelioma difficult to diagnoses. Once a proper diagnosis has been reached, patient life expectancy averages eighteen months.

There are mesothelioma treatments available which included both cancer direct treatments such as surgery, chemotherapy and radiation therapy; as well as palliative care, which focuses on pain management and quality of life. There is no known cure for mesothelioma.

Soyers illegal acts included transporting asbestos materials in unmarked vehicles. The bags of toxic waste were unmarked as well. Although there are specific, regulated sites for disposing asbestos material, Soyers had the bags placed in a storage unit. Clean Air Act regulations apply to all citizens and residents of the US; contractors such as Soyers, however, are held to a higher level of conduct. To received business and contractor licenses as an asbestos abatement company, Soyers was required to have certain training and regulated processes.

Soyers received prison time, six months home detention and a fine of $435,477 to cover violations and restitution.