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When asbestos is removed from a building during a demolition or renovation process, the asbestos must first be inspected by a certified asbestos contractor and sent to a hazardous materials testing lab for confirmation that the substance is, in fact, asbestos. After the presence of asbestos is confirmed, a building owner, with the help of a certified asbestos abatement contractor, must submit an asbestos abatement plan to the Massachusetts Department of Environmental Protection (MassDEP) and apply for an asbestos abatement permit.

mjzWfFiOnce the permit is granted, a certified asbestos abatement contractor must perform the work with properly trained employees who are provided with required safety equipment, including protective clothing and respirators or ventilators. The asbestos must be removed carefully, so as to prevent anyone from being exposed to the deadly fibers. This may involve painting exposed asbestos with a heavy coat of sealant to prevent dust from escaping. Regardless of what is needed to remove the asbestos-laden materials, the material must be wet down to suppress most of the dust and placed in approved containers. The containers must be sealed and taken to an approved hazardous waste disposal center. Sometimes, this involves taking the asbestos to an approved recycling center. Continue reading

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When a victim first learns he or she has a malignant mesothelioma, there is often very little time to reflect on the diagnosis. The patient is normally told he or she have very little time left to live – in many cases, this means a matter of months or less than a year.

shotThe mesothelioma patient can elect to have treatment, but this is a hard decision. Most treatment options are able to extend a patient’s life for anywhere from a matter of months to even a year or two, but this extension comes at a big cost – not only in terms of dollars (which happens to be quite expensive), but also in terms of pain and suffering. If a mesothelioma victim elects not to undergo treatment, he or she will essentially be given painkillers and breathing aids and placed in a hospice type status for the duration of his or her life. Continue reading

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Radiotherapy, or “radiation” as it often called by both patients and oncologists when speaking to the general public, is a common treatment option for patients with mesothelioma. Radiotherapy involves using a targeted beam of concentrated ionizing radiation aimed at the location of a malignant tumor. A modern radiotherapy machine uses laser guidance and special molds placed under the patient to determine the exact location to apply the beam. This is very important, because the ionizing radiation will kill any cells it encounters. It is not only effective against tumorous growth. Accidental exposure to healthy cells can be devastating to a patient’s health.

danger-radioactive-1-1343380-mThe specific manner in which radiation works is that it kills the DNA in any cell it interacts with, and this will result in death of the entire cell in a short amount of time. The procedure is effective but can and often does lead to serious side effects. While there is no pain at the time of the procedure, just as there isn’t during exposure to most types of radiation, side effects can linger for years and can include vomiting, nausea, heart disease, brain damage when using radiation of the brain, and even cancer.   Radiation can be used as primary treatment but is often used as secondary treatment after surgery or chemotherapy. This is the case in mesothelioma patients. Continue reading

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Even if you have never been there, most people are familiar with what the giant silver arch in St. Louis looks like. It is a must see for anyone visiting St. Louis or traveling through the area.   The Gateway Arch is the largest of its kind in the world and is part of the Westward Expansion Museum. There is an elevator in the arch that takes riders to the top, so they can look through observation windows.

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The arch was constructed in the 1950s, and it is not surprising that asbestos was heavily used during the construction, because such use was very prevalent during that time in American history. Asbestos is a naturally occurring mineral that is actually comprised of six different strains of silica. It was once heavily mined from the earth and used in virtually every aspect of production and construction during the industrial revolution. Continue reading

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According to a recent report from KPBS News, there have been more than 300 water main breaks in San Diego from January 2012 through late 2015. This is an unprecedented number of water main breaks and has resulted in an estimated loss of 35 million gallons of water in an area that is constantly in need of more water.

rustypipesOne person interviewed for the news feature said she was heading out of her home around 6:30 in the morning when she learned there was water coming up through the pavement across the street from where she lived. At first, it seemed like a small amount of water, but soon it looked like a river.   The water was coming from an eight-inch water main that had burst below her street. By the time the spill was cleaned up, nearly 400,000 gallons of water had been spilled onto her street, and the entire block was without running water for more than a day. This was a tragic loss of water and major inconvenience for those depending on that main to deliver their water. Eventually, the city sent a water wagon to provide the residents with clean water to use. Continue reading

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The once proud Cleveland Public Power Plant has been sitting closed for years.   The United States Environmental Protection Agency discovered that the plant, which sits along the shores of Lake Erie, had been leaking thousands of gallons of lubricating oil into the lake. This spill occurred last Easter, and EPA ordered the plant owners to clean up the shoreline and do no further damage.   The reason for the toxic spill was because some of the older tanks and waste containers ruptured, allowing the waste contained in them to flow out of the building and into a river.

waterfront-industry-159568-mAt this point, cleanup crews went to work trying to the remove the lubricant material and anything else polluting the shoreline. While the cleanup was going reasonably well, something unexpected happened when they discovered asbestos located throughout the building and in many of the tanks that had ruptured, causing the problems in the first place. As if this was not bad enough, many of these tanks that contained asbestos were fully submerged in the wastewater flowing out of the building. This made cleanup efforts extremely difficult and costly. The flooding was so deep that some of the tanks were under 13 feet of wastewater. Continue reading

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On the corner of D and Athens Street in South Boston sits a red brick building that served as South Boston’s main police station for just less than 70 years before it finally closed in the early 1980s. Since its closure, the building sits empty, and it has for many years, but city officials hope that will not be the case for much longer.

danger-keep-out1-709062-mAccording to a recent news article from the Boston Globe, the old Southie police station is going to be turned into a state-of-the-art housing facility for military veterans.   While the building has never been declared a historic structure, it does have a significant amount of history, and the building itself has a great deal of character. After all, it was designed by the same architect who designed the courthouse on East Bay Street and Fenway Park, where the Boston Red Sox play. Continue reading

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Folta v. Ferro Engineering, an appeal from the Supreme Court of Illinois, involved a plaintiff who worked from 1966 to 1970 as product tester and shipping clerk for defendant. During the few years he worked for defendant, he was exposed to asbestos on a regular basis, according to the record of the case.

judgeAsbestos fibers are very toxic to humans. Once they are inhaled, they can become trapped in a layer of tissue known as the mesothelium, where they can metastasize into a deadly form of cancer known as mesothelioma. That can occur in the lungs, chest cavity, abdomen, and other organs, and it can quickly spread to other parts of the body. However, it normally takes between 20 and 50 years for victims to develop noticeable symptoms of mesothelioma, and by the time they are first diagnosed, they are often informed they only have a very short period of time left to live. Continue reading

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When people think of where United States Congress members work, they are often picturing the iconic United States Capitol building in Washington, DC. While the Capitol building is certainly where Congress members go to vote on bills and speak on the floor of the House and the Senate, only a few longstanding members of Congress actually have offices in the Capitol building, because there simply isn’t enough space. For this reason, there are several congressional office buildings located next to the Capitol building, such as the Hart building and Cannon House Office Building that houses over 100 members of the United States House of Representatives and their respective staff.

freedom-2-889854-mHowever, according to a recent article from Fox News, an asbestos scare has caused the Architect of the Capitol to close the 114-year-old building for major renovations. It should be noted that the Architect of the Capitol (AOC) is not a person but the federal agency responsibly for maintaining the condition of the many federal buildings on Capitol Hill and for handling any major construction or renovation projects. Continue reading

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According to a recent news article form The National Law Review, Massachusetts Court of Appeals has recently made a significant ruling on a case involving non-payment of a subcontractor for issues involving asbestos abatement (removal) responsibilities.

gavel21In this case, Acme Abatement Contractor, Inc. v. S&R Corporation, a general contractor was working on a public demolition and hired a subcontractor to perform most of the work. However, after subcontractor performed most of the work, contractor refused to pay subcontractor for any of the work. At this point, subcontractor filed a civil contracts lawsuit against general contractor in the Massachusetts Superior Court. In this case, after discovery and hearing cross motions for summary judgment, the superior court granted summary judgment in favor of contractor. In other words, the court was convinced it was acceptable for contractor to withhold payment to subcontractor based upon the alleged deficiencies in performance. Continue reading

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
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Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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