Weitz & Luxenberg recounts asbestos history on eve of National Mesothelioma Awareness Day 2011

When Congress proclaimed Sept. 26 as National Mesothelioma Awareness Day, lawmakers intended that Americans pause to remember that approximately 3,000 people each year develop mesothelioma, caused most often by asbestos exposure.

We at Weitz & Luxenberg -- honored to have championed the causes of thousands mesothelioma victims and pleased to have won billions of dollars in compensation on behalf of all people exposed to asbestos – believe it useful on National Mesothelioma Awareness Day 2011 to provide a very short overview of what asbestos is and how it has affected our nation.

Read on for a brief history of asbestos and mesothelioma, and be sure to spread the word about this disease in the coming days. If you or a loved one has been affected by this disease, please contact us for more information.

A brief history of asbestos for National Mesothelioma Awareness Day 2011

Asbestos is a naturally occurring silicate mineral. It is naturally resistant to heat and fire and is relatively cheap to mine and refine into usable products.

Its history dates back to at least ancient Greece, where asbestos got its name (it means “unquenchable”). The Greeks and other early civilizations used the mineral for various functions, but noted the “sickness of the lungs” contracted by slaves who wove it into fabrics.

Asbestos use soared in Europe and America during the industrial revolution when it became recognized as a cheap and effective heat insulator useful for steam pipes and machinery.

As demand for asbestos burgeoned, mining of the mineral began in earnest. In the U.S. during the late 1800s, large-scale mining operations cropped up in diverse locations.

It wasn’t long afterward that clinicians noted extraordinarily high instances of pulmonary fibrosis and bronchitis in asbestos miners and people who worked with or handled asbestos products.

The first case of asbestosis, a disease that affects the lungs, was diagnosed in 1924 when a woman who had worked with asbestos as a teenager died at the age of 33.

Medical studies conducted during the 1930s revealed that exposure to asbestos fibers could trigger cancer in some people.

By this point, the extreme dangers of asbestos were known to many medical professionals -- and to the corporate entities in a position to protect workers from their products. Sadly, efforts to limit asbestos were few and far between, in part because industrialists stood to lose profits by embracing any meaningful reduction of the mineral’s use.

Throughout the 20th century, millions of workers were daily unwittingly exposed to asbestos.

Not until the 1970s did industrial use of asbestos decline – and only then because the federal government stepped in to put curbs in place.

Mesothelioma Day reminds us that mesothelioma develops decades after asbestos exposure, so the cases being seen today by doctors had in many instances their origins in the time between World War II and the end of the Vietnam War.

Sept. 26 -- National Mesothelioma Awareness Day 2011 -- represents the next step in the reversal of asbestos’ tragic history. Please join with us, the dedicated mesothelioma courtroom fighters of Weitz & Luxenberg, and take the opportunity this day affords to become better informed about this horrific medical condition so that, together, we can bring to its victims the help they urgently need.

Children Sue Over Father's Asbestos Exposure

Mary Alpough and her siblings, children of Thaddeus Alpough have filed suit against their father's former employer, Chevron USA. They claimed that their father as a boilermaker helper and pipefitter at Chevron's Port Arthur refinery was exposed to asbestos dust and fibers.

As a result of this, Thaddeus Alpough developed asbestos-related pleural disease and died with painful death on May 7, 2010. The suit accuses Chevron of knowing that asbestos products could cause cancer but still chose to expose to the workers.

Compensation Trip in Memory of Richard

Richard Thompson, a former ICI plant worker in Wheatley Hall Road, Doncaster, wanted to take the children to theAmerica's Disneyland, but he died after he lost his battle with cancer four years ago. He died of asbestos-related lung cancer in August 2007 at the age of just 60.

He worked most of the time for loading large sections of asbestos lagging into the works van before using a handsaw to cut it into smaller pieces. His death was the tragic legacy of his unsafe workplace.

Now, his widow is using money she received in a £180,000 compensation package as a result of industrial disease victim to fulfill his wish of bringing the children to Florida.

Mrs. Thompson said: “I hope success in Richard’s case will encourage others to fight their claims."

UK nurse files compensation claim against her former employers



St Helens Hospital , where Catherine Potter worked

As the St. Helens Star reports, Catherine Potter, 62, claimed that she was exposed to asbestos during work and had developed malignant mesothelioma. She launched a compensation claim against her former employers at the High Court for £200,000.

Ms. Potter worked as a cleaner at old St Helens Hospital for five years from 1979. She cleaned passages in the hospital, where asbestos was present. She said that workmen would go and clean the asbestos lagging and she was tasked with cleaning up the remaining asbestos dust. She claimed she was not giving any warning of the health risks of asbestos.

Ms. Potter first noticed chest problems in December 2009 and was diagnosed with mesothelioma in July 2010. Her lawyers said that he is looking for Mr. Potter's former co-worker who can help support her clam. He said, "It would be extremely helpful if anyone who worked at St Helens Hospital, particularly Bishop and Pilkington wards in the 1970s and 1980s can contact me."

UK widow receives compensation after husband dies of mesothelioma

Ted Hissey (picture from Westen Telegraph)


According to Western Telegraph, Jenny Hissey finally received a settlement for the death of her husband, Ted Hissey. Three years after she filed a mesothelioma lawsuit, the case was settled out of court. Jenny Hissey received an undisclosed sum from her husband's former employer, the Department for Communities and Local Government.

Ted Hissey died of mesothelioma in 2007. He was exposed to asbestos while working at the Department for Communities and Local Government, at Royal Air Force base Brawdy in the southwestern part of Wales from 1990 to 1993.

Jenny Hissey was shocked when her husband began suffering mesothelioma symptoms, such as shortness of breath, because he had always lived an active lifestyle. She said, "My husband was always a hard worker and even after his retirement he would find hobbies to keep himself busy. When he was diagnosed with mesothelioma he found it incredibly difficult to be bed bound."

The company admitted they did not take proper care of the health and safety for their employees.Therefore, the case ended with an out-of-court settlement.

Italian chef got mesothelioma from asbestos in the oven and ceiling

(Photo from the New York Daily News)

The Salisbury Journal reports that Luigi Pes, a retired chef whose time spent near pizza ovens with asbestos seals in the kitchen and an asbestos ceiling in the storeroom of a Salisbury restaurant resulted in malignant mesothelioma, was awarded "a six figure sum in compensation after he was diagnosed with terminal mesothelioma." 

On July 5th, the Journal wrote an article on Mr. Pes' mesothelioma lawsuit, which ended with an out of court settlement in the plaintiff's favor. Mr. Pes' case is a compelling one:

Luigi Pes, 60, worked at the former La Gondola restaurant in Fisherton Street until 2001. During the 1980s he was exposed to asbestos both in the seals of the pizza oven and in a storeroom where the ceiling contained the hazardous material. 

Mr. Pes says he was not warned about the dangers that asbestos could pose to his health and in February 2008 he was diagnosed with mesothelioma, a cancer of the lining of the lungs.

A piece of asbestos ceiling tile. Mr. Pes was exposed to asbestos through oven sealant and asbestos ceiling material.

After receiving the news of his mesothelioma compensation, Mr. Pes told reporters: 

“For many years I worked there with no idea about the damage asbestos could do to my health. In later years when I became aware about the dangers of asbestos, I had an idea that I had been exposed but I never expected that I would end up with this disease. 

“Despite my progressive illness and the restrictions it brings, I’m doing my best to enjoy each day I have left. I’m not angry but I do feel strongly that more should have been done to protect me from getting this disease.”

The site of Mr. Pes' fatal asbestos exposure is no longer open to the public: La Gondola restaurant was sold to new owners in 2001 and closed in 2005.

Though we are glad Mr. Pes survived to see justice served and to receive the monetary compensation he deserved, we cannot truly celebrate, as there are few happy endings when it comes to mesothelioma. We wish Mr. Pes and his family all the best, and sincerely hope he continues the trend of longer mesothelioma survival rates.

Mesothelioma lawsuit ends in favor of late Welsh electrician's family

Aberthaw Power Station, where Mr. Vaughan worked for 32 years. (Photo courtesy of RWE npower)

The family of John Vaughan, a Welsh electrician who died of mesothelioma which he developed from asbestos exposure during his thirty two years at Aberthaw Power Station, were awarded “substantial compensation following a lengthy legal battle," according to the South Wales Echo.

Mr. Vaughan was 71 at the time of his death from mesothelioma. He left behind his wife Glenys, their three children, and six grandchildren. The Echo reports that Mr. Vaughan was exposed to asbestos while working at Aberthaw Power Station, which at the time he worked there was run by the Central Electricity Generating Board (CEGB). It is now run by RWE npower, the company against whom Mr. Vaughan's survivors filed a mesothelioma lawsuit. 


Many power plant employees have been exposed to asbestos, and Mr. Vaughan was exposed to asbestos dust "as he worked alongside laggers who were handling asbestos insulating materials." 

Llantwit Major coastline. (Photo courtesy of Baker-Lite)

Mr Vaughan, of Llantwit Major in South Wales, retired from Aberthaw Power Station 1992. His family said during his retirement, Mr. Vaughan enjoyed "walking, golf and family holidays." He began experiencing mesothelioma symptoms in late 2007, and was diagnosed with mesothelioma over a year later. The prognosis was six months to live.

The Vaughans filed a claim for compensation, but Mr. Vaughan died before anything was settled. Mr. Vaughan's widow Glenys pursued her late husband's claim in court, and was just recently awarded "an unspecified amount in an out-of-court settlement."

Mrs Vaughan told reporters: 

“My husband suffered terribly all because he dedicated himself to his job. He took great pride in working hard and making sure that, whatever project he was working on, he did it perfectly. In the end his hard work and dedication ultimately ended his life. 

“He was determined to pursue compensation because he wanted to make sure that his family were provided for. We’d much rather have him here beside us but we know that he’d feel vindicated that his employers have admitted responsibility for his death.”

Vindication and compensation: mesothelioma sufferers and their families deserve no less.

Edna White's family wins mesothelioma compensation, thanks to former coworkers

(Left: Edna White, around the time she worked at Lorival Plastics. Right: Edna with her grandchildren.)

In the United Kingdom as it is here in the United States, millions of people who worked in mills, plants, factories, construction sites, shipyards and in maintenance and repair were exposed to asbestos. The late Mrs. Edna White was one of those exposed to asbestos, which her family believed--and as the court recently ruled--happened while Mrs. White worked at Lorvial Plastics in Bolton (near Manchester) in the 1960s.

In an article last year, Mrs. White's daughter Jill Blake asked her mother's former coworkers to come forward with more information about Mrs. White's time at the Lorival Plastics:

Her daughter, who was a child when her mother worked at Lorival Plastics, wants to know exactly which job she did there. 

It is believed asbestos was used in the factory, which specialised in injection-moulded plastic products, to manufacture toilet cisterns and Mrs Blake believes she came into contact with it there.

In the 2010 article, Ms. Blake noted that her mother died of mesothelioma at the age of 68 in 2009, and that this did not have to be the case:

"She was so active before she was diagnosed with mesothelioma. ...A consultant who treated her said she would probably have had another 20 years if she had not had this disease - and that hurts."

Ms. Blake's efforts on behalf of her mother paid off:

Several people came forward to tell the family about Mrs White's work and contact with the deadly material [while] she was employed by the Little Lever company, which no longer exists, in the 1960s.
The information has brought Mrs White’s family justice, as well as answers as to how their mother came into contact with asbestos, as their legal battle has now been settled.

Anthony Bolton, identified in The Bolton News' April 6, 2011 article on the verdict in favor of Mrs. White's

 surviving family, said of the effect Ms. Blake's plea for help had on the case:

“Edna worked as a time and motion monitor.When her family first approached us for help we had no first hand information about her work history or working conditions at Lorival Plastics. 

“But following a witness appeal in The Bolton News we were contacted by several people, including one star witness who proved invaluable to the progression of the case. 

“Although nothing can make up for their tragic loss, Edna’s family now have the closure they need to move on and rebuild their lives.”

 Edna White's family sought help from both the community of Bolton and Little Lever, and from a mesothelioma lawyer. No one could give Mrs. White's family what they really wanted--twenty more years with their mother and grandmother--but, in Ms. Blake's words,

“It’s good to have answers but it’s been mixed feelings really, we are still dealing with our loss. It shows The Bolton News readers really can make a difference and we are very grateful.We hope this will encourage other people to answer appeals and raise awareness of asbestos and its impact.” 

We are glad that Mrs. White's family received the mesothelioma compensation they deserve, and we hope that all victims of asbestos exposure continue to explore their legal rights and asbestos legal options.

 

British mesothelioma victim settles out of court

The Northern Echo reported last week that 86 year old mesothelioma patient Cyril Faulkner received an out-of-court settlement from his former employers, Hawkins and Holmes Limited.

Mr. Faulkner, who worked as a plumber for Hawkins and Holmes from 1961 to 1973, was diagnosed with the fatal cancer in 2008, and with this settlement, will now be able to cover the costs of his mesothelioma treatments.

As quoted in the Echo, Mr. Faulkner's reaction to the outcome was one of mixed emotion:

“I was devastated when I found out that I had developed mesothelioma. For years, I loyally worked for this company and, all along, they would have known and understood that I was working with such a dangerous material, but yet did nothing to stop me from inhaling the asbestos dust.

“I’m relieved that Hawkins and Holmes has now been brought to justice for the blatant disregard which it has shown me and my colleagues who also would have been exposed to asbestos.”

As in the States, the people hit hardest by mesothelioma are those who were exposed to asbestos in the workplace. This group includes plumbers, like Mr. Faulkner, but considering the prevalence of asbestos use in the construction and insulation of buildings, cars, and boats, very few tradesmen in the 20th century would have been totally safe from asbestos' toxic fibers and dangerous dust.

"Blatant disregard" was Mr. Faulker's phrase for his employers' attitude towards him and his co-workers. Not malice, not an intent to destroy lives; just a callousness that allows decision-makers to gamble with others' lives. For all the strides made in technology and business, lawsuits such as Mr. Faulkner's have shown how slow human nature has been to catch up with those advances.

Mesothelioma lawsuits like Mr. Faulkner's show both the inhumane mentality that allows one man or group of men to disregard the lives of another, and the power of one man, with a dedicated team of lawyers, to battle that callousness, and tip the scales of justice back toward the balance we strive to keep.

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