December 7, 2011

Erionite: The New Asbestos

Our Chicago personal injury attorneys were concerned to hear that a recent advisory published by Federal health officials is advocating worker safety after it was discovered that a number of workers may have been exposed to erionite, a cancer-causing mineral similar to asbestos, while on the job.

Erionite is a naturally-occurring mineral that is found in volcanic ash that has been altered by weather and ground water. Similarly to asbestos, it does not pose a risk until moved, which causes the microscopic fibers to waft into the air.

According to a recent report by MSNBC, erionite is not currently regulated by the U.S. Environmental Protection Agency (EPA). As per MSNBC’s report, authorities on behalf of the EPA have known for a long time that erionite is widespread in a number of states, but have not expended resources to investigate potential risks, because of an apparent belief that there was little chance of human exposure to the mineral. Nevertheless, erionite particles pose similar risks to asbestos exposure, and research suggests that erionite is potentially more dangerous than asbestos.

In fact, the best evidence of the risks of exposure to erionite is a number of devastating cases that were first reported in Turkey in the 1970s. In villages abundant with erionite, some 40-50 percent of all deaths were caused by mesothelioma, as a result of erionite exposure. MSNBC reports that animal studies have shown erionite to be 100 to 800 times more apt to cause cancer than asbestos and, according to a scientific paper, "almost certainly the most toxic naturally occurring fibrous mineral known."

Mesothelioma, in addition to being a disease caused by exposure to erionite, is a rare form of cancer that forms in the protective lining of the body’s organs. It most commonly manifests in the outer lining of the lungs and internal chest wall, but may occur on any of the body’s organs covered by the protective lining.

Symptoms of mesothelioma generally do not present until twenty to fifty years after exposure to either asbestos or erionite. Symptoms include shortness of breath, fluid between the lung and the chest wall, chest pain, and weight loss. Despite developments in cancer treatment, once the disease has manifested, the patient’s prognosis is poor.

At this point, the National Institute for Occupational Safety and Health has put together a number of ideas to help prevent exposure to erionite at the workplace. Federal health and environmental agencies are holding workshops in order to educate the public, while erionite remains unregulated. Additionally, federal officials have suggested employee training for workers in potentially dangerous work areas, and implementing methods to ascertain whether erionite is present before beginning work. Further recommendations included wetting soil and rock to reduce dust; using respirators and other protective equipment; showering and changing clothes before leaving work; and ensuring work clothes and boots are left at work to prevent hazardous fibers from being brought home.

Exposure to erionite is potentially life threatening. Our Illinois personal injury attorneys know that there are special laws in place to protect employees from dangerous work environments, and urge employers to take precautions to prevent workers’ exposure to erionite.

Continue reading "Erionite: The New Asbestos" »

November 23, 2011

$43 Million Settlement for Workers Exposed to Asbestos

A district court recently approved a $43 million settlement against state officials, on behalf of 1,128 people who fell ill from asbestos exposure from a former vermiculite mine. According to the complaint, mineworkers were exposed to the asbestos during work in the mine, and have since suffered a myriad of serious ailments, including cancer and early death.

Asbestos exposure cases are a relatively recent form of Illinois workplace injury cases and Illinois personal injury lawsuits. Before the health risks became apparent, asbestos was originally mined to use in construction of buildings. As a building material, it was sound-absorbent, and resistant to heat, fire, and electrical and chemical damage. As a result, manufacturers and builders regularly used it in the 19th century. Many workers were exposed both in the mines and in constructing buildings using asbestos.

Inhalation of asbestos fibers can lead to serious illnesses, such as lung cancer, asbestosis, and mesothelioma. The greater the exposure to asbestos, the higher the risk of associated health problems. When workers are exposed to asbestos in their work environment, the corporations for which they work may be liable for the injuries they suffer as a result of the asbestos exposure.

Mesothelioma is a rare form of cancer that most often occurs in the thin membrane lining the lungs or abdomen. Approximately 2,000 to 3,000 cases are diagnosed each year in the United States, and this rate is steadily rising. Mesothelioma can appear and progress very rapidly. However, it usually does not manifest itself until several decades after the first exposure to asbestos.

This monumental settlement is one of many that are paving the way for injury cases to be filed against workplace managers and managing corporations that expose their workers to the dangerous inhalation of asbestos toxins.

To date, a number of these injured workers have had their medical treatment paid by Medicare. Part of the money won in the settlement will go towards repayment of the Medicare liens and moneys spent, which will not only free up Medicare funds for other people who need healthcare funding, but will also hold the right people responsible for paying for treatment of the injuries that arose out of the unsafe workplace conditions.

Our Chicago personal injury attorneys have handled a number of cases involving unsafe work environments that led to worker injuries, including a $5.7 million settlement for a 27-year-old roofer in a workplace injury case who was paralyzed when he fell from a roof as a result of the general contractor's failure to provide appropriate safety devices.

If you or a loved one have suffered an injury at work – including exposure to asbestos – see a doctor immediately for medical treatment. Special laws are in place to protect employees from dangerous work environments, and a personal injury attorney may also be able to help you ascertain your rights under the law.

December 12, 2009

Mining company settles for $1.79 billion

After a lengthy four year long legal battle, a mining company has settled hazardous product liability claims with the government for a record $1.79 billion. The hazardous waste pollution occurred across 19 states. The settlement was announced by federal agencies last week.

Continue reading "Mining company settles for $1.79 billion" »

July 27, 2009

Family awarded $3.4 million for mesothelioma wrongful death

Relatives of a California man who wrongfully died from mesothelioma lung cancer after exposure to asbestos has been awarded $3.4 million in wrongful death damages. The wrongful death lawsuit accused the defendant mining company of negligence, products liability design defect, and products liability failure to warn.

To read more about the mesothelioma jury award.

June 25, 2009

Many Mesothelioma cases go unreported

Less than half of asbestos workers diagnosed with mesothelioma file claims for workers’ compensation. More interestingly, according to a recent Canadian study, is that those who do file claims do receive compensation. Canadian workers’ compensation is similar to the U.S. in that it covers medical costs for workers injured on the job.

To read more about the unreported mesothelioma cases.

June 20, 2009

EPA declares public health emergency

Earlier this week, the Environmental Protection Agency declared a public health emergency in a small western town. It found that a mine there had blanketed the town with asbestos.

To read more about the asbestos health emergency declaration.

June 10, 2009

Toxic tort victims left out of GM bankruptcy plan

Asbestos-injury plaintiffs are saying that the government-backed plan to sell GM may be unconstitutional since they were left out of negotiations. The toxic tort plaintiffs have asked for an official committee in the bankruptcy case and argue that they cannot be bound by a reorganization of which they were not participants.

To read more about the toxic tort victims’ claims.

June 6, 2009

Family of asbestos victim sues 33 companies

The family of asbestos wrongful death victim have filed an asbestos lawsuit alleging that their father was not warning adequately about working around asbestos. The wrongful death victim worked around asbestos for most of his life as a laborer and operator. Thirty three companies are named as defendants in the asbestos lawsuit.

To read more about the asbestos lawsuit.

April 26, 2009

State Senate passes asbestos litigation claim

In a rare victory for personal injury trial attorneys in the South, a state Senate recently passed legislation making the recovery of damages easier after people are exposed to asbestos. The bill would apply strictly to mesothelioma lawsuits.

To read more about the asbestos bill.

April 23, 2009

Illinois Supreme Court rules in favor of manufacturers in asbestos injury lawsuit

Last week, the Illinois Supreme Court decided in favor of manufacturers of asbestos-containing products who had been sued for harming workers. The Illinois Court struck down Illinois legal precedent unique to Illinois that prohibits defendants from introducing evidence to a jury of another source of asbestos exposure.

To read more about the Illinois asbestos decision.

April 17, 2009

Update on asbestos litigation

The government’s toxic tort lawsuit against W.R. Grace & Company is continuing. The government’s lawsuit claims that the company conspired to violate the Clean Air act and obstruct justice. The government attorneys are arguing that the company’s violations have led to more than 200 asbestos-related deaths and thousands of asbestos-related illnesses.

To read more about the asbestos lawsuit.

March 21, 2009

Smithsonian and worker dispute perils of asbestos

About a year ago, a Smithsonian museum held an informational session on asbestos safety. A 53 year-old lighting specialist who had worked in the building for 27 years, learned that there was asbestos in the museum walls. Within weeks, the worker filed federal workplace safety complaints because he’d been experiencing shortness of breath and was later diagnosed with asbestosis.

To read more about the absestos complaint.

March 8, 2009

Illinois jury awards $2.6 million in wrongful death lawsuit

A jury awarded $2.6 million to an Illinois woman who died as a result of an asbestos-related ailment. The large Illinois personal injury verdict involved a wrongful death in 2006 stemming from mesothelioma. According to the records, the personal injury victim was exposed to asbestos when she laundered clothes belonging to her husband who worked at UNARCO Industries in the 1960’s.

To read more about the Illinois asbestos verdict.

December 23, 2008

Product liability law firm asks Supreme Court to rule on out-of-state toxic tort suits

The U.S. Supreme Court is being asked to rule that courts should open their doors for out-of-state visitors with asbestos lawsuits. This is an appeal of a dismissal of toxic tort lawsuits of more than 1,000 railroad workers.

For the full article.

December 15, 2008

Asbestos lawsuit ordered to move

An asbestos injury plaintiff who lived in Maine and contracted mesothelioma there was told that he cannot file the product liability lawsuit in Texas in an effort to recover damages more quickly. The injured plaintiff must instead file in Maine.

For the full article.

December 14, 2008

Manufacturers found not liable in asbestos lawsuit

In recent cases dealing with asbestos-related illness, a court ruled that a manufacturer cannot be held liable for failing to warn about the hazards of someone else’s product. This limits the class of defendants subject to product liability lawsuits.

For the full article.

December 3, 2008

Class-action asbestos lawsuit settles for $140 million

A company recently agreed to pay up to $140 million to settle a personal injury lawsuit stemming from its use of attic-insulating product that contained asbestos. The company will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met to resolve the asbestos personal injury claims.

For the full article.

July 21, 2008

Asbestos Litigation Multi-Billion Dollar Industry

Personal injury litigation related to asbestos is expected to reach $140-200 Billion in coming years, according to comments before an EPA panel. Preventable diseases related to asbestos have climbed in recent years with staggering numbers. However, the EPA is considering lowering its standards for what types and amounts of asbestos and asbestos containing products are acceptable. In response, doctors, scientists, and public health advocates are lobbying to keep the current standards. Opposition comes from corporations that still use or market asbestos containing products. Experts have suggested that defendant corporations have gone to great lengths to reshape the literature on asbestos in an effort to minimize their liability for personal injuries inflicted by their products.

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April 12, 2008

WR Grace & Co. reaches tentative $3B settlement in relation to asbestos claims

WR Grace & Co., Inc. has reached a proposed settlement of all current and future asbestos-related personal injury lawsuits against the company in a move the chemical company hopes will allow it to emerge from bankruptcy.

For the full article.

April 10, 2008

Fen-Phen Class Action Settlement Now Valued at $7.5 Billion

The historic Fen-Phen settlement is now valued at $7.5 billion according to the plaintiffs’ attorneys managing the settlement payout. Fen-Phen was a popular diet drug and is the most notable of any prescription drug liability and injury suit. Fen-Phen is actually a combination of two drugs, fenfluramine (Pondimin) and Phentermine. Phentermine is still available today and is sold under several different brand names.

The Fen-Phen class action is unique because it offered a three-tiered system of initial opt-outs, intermediate opt-outs, and preserved a back-end option for injured plaintiffs to sue if they develop heart valve disease by as late as 2015, among other new ideas. This new system was designed to avoid the pitfalls seen in previous asbestos and GM Truck class action suits.

For the full article, click here.