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BNSF Ry. Co. v. Superior Court, a case from the California Court of Appeal for the Second Appellate District, involves a plaintiff who died as a result of malignant pleural mesothelioma caused by his occupational exposure to asbestos.

Specifically, plaintiff’s family members alleged he was exposed to asbestos while working at a roundhouse and dismantling facility for a railway operation owned by defendant’s predecessor in interest.

railroadcrossing1.jpgEssentially, many mesothelioma victims were exposed to deadly asbestos fibers between 20 and 50 years prior to being diagnosed with cancer. In most cases, the company responsible for mining asbestos, manufacturing asbestos-related products, or using asbestos products is not longer in existence. Often times these once large industrial firms were purchased by other companies and eventually dissolved as independent legal entities. For example, the once prominent Santa Fe Railroad and all of its rolling stock and track right of way are now a part of BNSF Railway Company, along with other railroads, making it the second-largest rail operation in the United States.
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Asbestos is now know to be a deadly substance capable of causing a fatal medical condition know as mesothelioma, asbestosis, and other serious respiratory illness. The general public has known about the dangers of asbestos since the late 1970s, but companies who used and manufactured asbestos and asbestos-laden products knew long before that time.

These companies also knew it would take decades for workers exposed to asbestos to become sick, so they were willing to risk their health and safety for short term profits. While there have recently been many mesothelioma lawsuits, costing these companies and the successors in interest hundreds of millions of dollars and inducing bankruptcy in many cases, these companies were not concerned with anyone’s future.

money41.jpgToday, everyone knows asbestos can kill. However, not everyone knows how to identify asbestos, and what types of materials to avoid. In some cases, it is obvious to those trained what material contains asbestos, as there are some telltale signs. For example, 12″ by 12″ linoleum floor tiles manufactured prior to 1980 probably contain asbestos. Unfortunately, not everyone knows that, and there are many forms of asbestos that do not have any telltale signs, but since it was it so heavily used during much of the last century, asbestos is found nearly everywhere.
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There are certain perks to being the mayor of a large city. For example, in New York City, the mayor gets to live in an official residence known as Gracie Mansion. The site of Gracie Mansion originally housed a different mansion known as Belview Mansion. This first mansion overlooked the Hell Gate channel of the East River, as does the current mayoral residence. This was of such strategic importance, then-general George Washington took control of the grounds during the American Revolutionary War. The mansion was ultimately destroyed during the war, and, in 1799, Gracie Mansion was constructed as a second home for Archibald Gracie. Eventually, he sold it to the City of New York, and it later became the mayor’s residence.

asbestos-119041-m.jpgGracie Mansion has been renovated over the years several times, most recently during mayor Bloomberg’s tenure, and it was funded by an anonymous donation many suspect to be Bloomberg. It was also the site of much media attention during a scandal involving former mayor Rudy Giuliani and his mistress. Gracie Manson is once again in the news – this time because of the discovery of asbestos.
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According to a recent news feature in the New Jersey Law Journal, an appellate court has just affirmed a landmark $1.6 million verdict in an asbestos case involving cosmetic talc. This is believed to be a first of its kind verdict.

gavel21.jpgDefendant was a supplier of raw talc for the manufacturer of two leading brands of talcum powder. Plaintiffs proved this talcum powder contained deadly asbestos fibers. Plaintiff was a 47-year-old man whose doctors diagnosed him with malignant peritoneal mesothelioma. The peritoneum is membrane forming the lining of the abdominal cavity.

During trial, plaintiff testified he was exposed to these talcum powder products between 1967 and 1975 while his father was working at the talcum powder factory. He was first diagnosed with malignant mesothelioma in 2011. As our Boston malignant mesothelioma attorneys can explain, this delay in being diagnosed is typical, as it generally takes between 20 and 50 years following asbestos exposure to be diagnosed with the disease. His father, as plaintiff testified, would come home from work with his clothes covered in asbestos-containing talcum powder dust at the end of his shift each night from the time plaintiff was born until he was eight years of age.
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When we send our young children to preschool each day, there are a lot of things about which we as parents worry. We are concerned our child may get hurt in an accident or fall. We worry they won’t get along with the other children, or that there could be fight.

But in this day and age, we generally don’t worry our child will come into direct contact with deadly asbestos dust. Unfortunately, according to a recent news article from Arlington Now, even this can happen.

old-schools-class-room-881694-m.jpgSchool officials in charge recently sent a letter to all parents of children who attend a certain daycare facility, telling them they have confirmed the presence of asbestos dust in the school.

Aerosolized asbestos dust is can be the most dangerous form of asbestos exposure, depending on the quantity of asbestos particles in the air.

School officials immediately closed the facility and told parents they are looking for a suitable temporary site to run the daycare while the asbestos abatement work can be performed by a licensed asbestos removal contractor.
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Mesothelioma is a deadly disease for which there is no cure. There are treatments that can be used to extend a patient’s life for a matter of months, or, in the best cases, years. However, once a patient is diagnosed with malignant mesothelioma, he or she usually only has a very short time left to live.

pills5.jpgThe reason for this is because of the manner in which asbestos affects the human body and how mesothelioma develops. Once a person is exposed to deadly asbestos fibers, these fibers can become trapped in a person’s lungs or other internal organs. They can become embedded in the lining of a protective layer of tissue known as the mesothelium.

At this point, the fibers are virtually impossible for doctors to detect early on. Even if they could, there is as of right now nothing doctors can do to remove them or treat a victim.

Over a relatively long period of time, about 20 to 50 years, the asbestos particles will metastasize into malignant mesothelioma. However, this is not to say all victims will be elderly by the time mesothelioma presents itself. There have been cases where young children were exposed to asbestos when their parents or other family member living with them came home from work covered in asbestos fibers. Children would hug their parents and breathe in the fibers.
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Asbestos has been used heavily during much of the last century in almost all aspects of production and construction. While many factory jobs and construction jobs involve working directly with asbestos, there are some jobs thought to be relatively safe from asbestos exposure. One of these safer construction jobs is sheet metal work.

hole-on-the-wall-1382106-m.jpgSheet metal workers typically handle projects working only with the metal and not coming in direct contact with asbestos-containing material like wall insulation or pipe insulation, some of the most likely sources of material emitting deadly asbestos fibers.

Unfortunately, many of these workers have been exposed to asbestos indirectly, and, while indirect exposure might seem safer, a recent study published in the

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When someone is exposed to asbestos and inhales fibers, it normally takes between 20 and 50 years for the fibers to lead to malignant mesothelioma. Patients typically do not realize they are sick until they develop symptoms. Symptoms can include abdominal pain, shortness of breath, and chest pain. Once a patient develops these or other symptoms of mesothelioma and sees his or her doctor, they often learn the disease is in an advanced stage. Life expectancy is significantly reduced upon diagnoses of mesothelioma.

ussupremecourt2.jpgHowever, a recent news article from the Kansas City Star discusses a new kind of asbestos class action lawsuit pending in a court in Missouri. In 1983, the county started renovating the historic courthouse. Witnesses describe an extreme amount of dust covering the courthouse during the renovations while workers were still there full-time during the process. There were reports of dust being tracked across the floor by workers’ boots. Some reports told of dust shooting in through air vents as renovation workers cut asbestos insulation away from pipes without turning off the ventilation system.

One courthouse worker who was present during the renovation developed malignant mesothelioma and died in 2010 at age 56. After her death, her family received a $10.4 million settlement from the county.
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With the unscheduled closing of Boston’s Long Island Homeless Shelter, city officials have been scrambling find a new location to house hundreds of displaced homeless residents and many drug rehabilitation patients.

renovationtime.jpgThe shelter was closed when the bridge connecting Long Island to Quincy became so deteriorated city engineers urged it immediately be closed to prevent a deadly accident. The worst damage requiring the bridge to close was found on the underwater support structures during an extended inspection. With the island effectively cut off from the mainland, there was no way to keep the shelter open, and city officials were forced to close it with little advanced warning or preparation.

The city hopes a new shelter under renovation and remodeling will serve as permanent housing for the over 700 former residents at Long Island. This new shelter is being constructed at what was once a plant where transportation department workers conducted equipment repair and made street and road signs. This plant is filled with asbestos used during its construction. Much of this asbestos was already crumbling down as a result of years of deterioration and insufficient upkeep.
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If you search the internet for “urban explorers” you will see websites dedicated to those who spend their spare time sneaking into abandoned buildings in cities across the United States taking photographs of what sometimes appears to be a window into the past.

3d-illustration-technique--concept-camera-1398481-m.jpgOne of the locations these urban explorers like to frequent is located in Westborough, Massachusetts. Specifically, this location is the long-closed Westborough State Hospital.

The abandoned 90-acre campus holds the crumbling remains of what was once part of the state psychiatric hospital. The old hospital buildings were used for over a hundred years and officially closed in 2010.

According to a recent news article from Wicked Local Westborough, urban explorers have taken photographs of rooms that have not been touched in years. Some of these rooms hold psychiatric equipment not used in decades. There are old rusty hospital gurneys, antique wheelchairs, large rooms filled with bathtubs, and other signs of how mental illness was treating during the early 1900s.
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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
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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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