Mesothelioma Lawyers Blog

March 7, 2015

Regulation of Occupational Asbestos Exposure in Massachusetts

Humans have used asbestos for thousands of years, but it was not until the industrial revolution when it was heavily mined and used in virtually every aspect of manufacturing, construction, and transportation sectors. Asbestos is a naturally occurring silica material generally harvested through mining operations.

In the late 1970s and 1980s, as the general public became aware of the dangers associated with asbestos, state and federal government agencies banned a majority of asbestos use in the United States. The danger of asbestos is that fibers can be inhaled and become lodged in the protective layer of tissue, known as the mesothelium, which lines the chest, lungs, chest, and abdomen. Once the fibers become trapped in the mesothelium, it can metastasize into a deadly form of cancer known as mesothelioma. It can also cause devastating scarring of the lung tissue, known as asbestosis, and other serious respiratory illnesses.

While asbestos is no longer commonly used, we are far from being rid of it, as it is found in many buildings throughout the Commonwealth of Massachusetts. Once a building deteriorates to the point of crumbling, or property owners wish to renovate or demolish a structure containing asbestos, the public and workers are put at risk for exposure. For this reason, asbestos abatement (removal) must be done with a strict adherence to state and federal law.

In the Commonwealth of Massachusetts, the Department of Labor Standards (DLS) Asbestos Program is responsible for regulation of asbestos abatement and occupational asbestos safety. According to Asbestos Program guidelines, all personnel dealing with asbestos must be certified. This includes asbestos contractors, asbestos inspectors, management planners, project designers, supervisors, training providers and asbestos workers.
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March 4, 2015

Homeowner Fined $9,000 for Alleged Burning of Asbestos Tiles

by Jeffrey S. Glassman

When we think of people developing mesothelioma from asbestos exposure, we often think of large corporate defendants, such as factory owners, shipping companies and construction companies. However, even a small-scale asbestos removal project can pose serious risks to those working on the job and other members of the community living and working in close proximity to the job site.

While asbestos was used in virtually every aspect of industry during much of the past two centuries, its use was extremely prevalent in residential and commercial construction products. Due to its natural ability to resist heat, fire, chemicals, and electricity, asbestos-containing products were often used as insulation material, floor and wall tiles, drywall and drywall joint compounds (construction grade plastic cement or “gun cement”), and roofing materials such as shingles.

Much of the floor tiles and linoleum flooring installed prior to the 1980s is known to contain asbestos. While there is no way to determine whether your tiles contain asbestos without a certificate of origin or a study including microscopic analysis, there are some telltale signs. For example, dimensional linoleum tiles installed from the 1940s through the 1980s in sizes such as 9″x 9″ or 12″ x 12″ are extremely likely to contain asbestos.
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March 1, 2015

Symptoms of Mesothelioma and Other Asbestos-Related Illness

by Jeffrey S. Glassman

There is little question asbestos causes most if not all cases of malignant mesothelioma. Medical researchers, including epidemiologists, have concluded mesothelioma is extremely rare in patients who have not been exposed to asbestos at some point in their lives.

However, unlike many other illnesses caused by toxic substances, malignant mesothelioma normally takes between 20 and 50 years for patients to develop noticeable symptoms of the deadly disease. By the time most patients develop symptoms, the cancer is often at a very advanced stage, and there is little time left to live. There are some radical treatments, but no effective cure. Though, early intervention can improve one’s prognosis.

It is important to understand and be able to recognize the symptoms of mesothelioma. As noted by the Mayo Clinic , pleural mesothelioma often presents with shortness of breath, chest pain below the rib cage, abnormal lumps under the skin of a patient’s chest, unexplained weight loss, and a painful cough.
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February 27, 2015

Woman Alleges Asbestos Exposure from Husband’s Clothes

by Jeffrey S. Glassman

While many mesothelioma victims were directly exposed to asbestos on the job, they have may have unknowingly exposed their family members when returning home from work in clothing covered with asbestos dust.

According to a recent news article from Owensboro Messenger, a woman is suing several large corporations including General Electric, Big Rivers Electric Corporation, and Alcoa for negligence in connection with her mesothelioma diagnosis. Victim first went to see a doctor complaining of shortness of breath. Her doctor soon diagnosed her with malignant mesothelioma. Mesothelioma very rarely occurs without patient having been exposed to asbestos fibers.

According to her complaint for civil negligence, she was exposed to asbestos from her husband’s work clothes. He husband worked as a union pipe insulator. Asbestos was heavily used for pipe insulation, due to its cheap cost to manufacture and natural ability to resist heat. Her late husband filed a lawsuit against Owens-Corning Fiberglass Corporation after he was diagnosed with mesothelioma in 1986.
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February 24, 2015

Asbestos-Related Illness Inspiration for Recent Novel

by Jeffrey S. Glassman

According to a recent news feature from Western News, H.M. Bowker has written a novel loosely based on her life in Libby, Montana. She has lost her father, two brothers, a sister and sister’s husband all to asbestos-related illness. Much of this was incorporated into her novel.

Libby, Montana is the site of the largest and oldest vermiculite mine in the United States, and was heavily used during much of last century. W.R. Grace owned this mine and employed many workers during its operation from 1920 to the 1980s. Town residents were constantly being exposed to vermiculite, as it was literally covering much of the town. Bowker recalls there was a pile of vermiculite near a baseball field and local kids would pretend it was snow and play with, or even lie in it, making vermiculite angels with their arms.

Vermiculite, like asbestos, is a naturally occurring silica compound that is resistant to heat and fire and was often used as an insulation material and to give commercial and consumer products heat and fire resistant properties. However, due its chemical similarity to asbestos, asbestos is often found in vermiculite as the elements formed in the same environment.
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February 21, 2015

Serious Asbestos Exposure Risk Leads to Federal Prison

by Jeffrey S. Glassman

Asbestos is a naturally-occurring substance, which was heavily used during the industrial revolution in the United States and Europe. Its use was so prevalent due to its abundance, low cost and effectiveness at resisting heat, fire, caustic chemicals and electricity.

The nearly total ban on asbestos products in the developed world is because asbestos fibers are extremely toxic. Once inhaled, these fibers become lodged in the lungs and tissues known as the mesothelium where they can metastasize into a deadly form of cancer known as mesothelioma, asbestosis, lung cancer, and other respiratory illness. Doctors have no effective means to remove the fibers, or even detect their presence. After a period of 20 to 50 years, any illness caused by these fibers will typically present painful and debilitating symptoms. By the time a patient knows he or she is suffering, and goes to a doctor, it is usually too late for any effective treatment and patients may only have a short time to live – often times less than a year.

What makes matters more horrific is those in the asbestos industry were well aware of these risks long before the general public. Companies actually took steps to hide this information and even marketed their products as being safe when concerns did arise. Today, asbestos is hardly used in the United States, but there is still much of the toxic substance present in Massachusetts and across the world.
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February 18, 2015

Dependable Abrasives v. Pierce – Causal Link Critical in Work-Related Disease Case

by Jeffrey S. Glassman

Many occupational diseases are not diagnosed until many years after a worker is no longer employed in the industry wherein he or she was exposed to toxic substances.

We see this very commonly in asbestos litigation, though it is also apparent in cases involving exposure to silica. Both substances cause types of occupational lung disease either through a single severe exposure or repeated, extended exposure. While asbestos is associated with asbestosis and mesothelioma, silica is associated with silicosis and lung cancer.

Per the American Lung Association, silicosis is a disabling, dust-related illness caused by exposure to and inhalation of airborne crystalline silica. It’s often found in mines, foundries, blasting operations and manufacturers of stone, clay and glass. Similar to the physiological damage done by asbestos, silica penetrates the respiratory system and causes scar tissue to develop around the lungs, ultimately impairing the exchange of oxygen and carbon dioxide in the blood.
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February 16, 2015

Massachusetts Asbestos Violation Costs Company $65K

by Jeffrey S. Glassman

A Massachusetts company accused by the state attorney general’s office of numerous asbestos-related violations will pay $65,000 for allegedly breaking the law and creating a public health hazard.

According to 22 News WWLP.com, the alleged violations happened during renovation of a multi-family building. The company and its owner were prosecuted by the Massachusetts Attorney General’s Office after evidence surfaced the company improperly and illegally removed, transported and disposed of the dangerous, toxic fibers during the project.

The Massachusetts Department of Environmental Protection sets certain standards for anyone handling asbestos. Before a job even starts, there are specific notification standards for any construction/demolition and renovation of any kind of building. Once the work starts, contractors are required to use special supplies and equipment, as well as to adhere to stringent work safety practices. Those practices include setting up an adequate air filtration system, containment area and a strict protocol of packaging and labeling asbestos waste. If at any time a certain area is contaminated by improper handling of asbestos, removal must be conducted very carefully and according to certain state-issued guidelines.
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February 15, 2015

Riggs v. Georgia-Pacific LLC – Heirs Allowed Wrongful Death Claim Despite Prior Injury Verdict

by Jeffrey S. Glassman

The Utah Supreme Court ruled the fact of a personal injury verdict in favor of a mesothelioma victim did not bar a victim’s heirs from pursuing wrongful death litigation against the same defendants for the same injury.

The ruling in Riggs v. Georgia-Pacific LLC was a marked victory for mesothelioma plaintiffs who wish to pursue additional action following the death of a loved one due to negligent asbestos exposure.

The high court ruled a wrongful death claim – even one arising out of the same injury and against the same defendants as a prior personal injury case – was not barred because the plain language of state statute held a wrongful death action as independent from any others. It is not foreclosed simply as a matter of law because decedent prevailed in a related personal injury action.
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February 12, 2015

Frozen Water Pipes Can Lead to Asbestos Exposure

by Jeffrey S. Glassman

In cold Massachusetts winters, frozen pipes are always a concern. Many people take steps to prevent pipes from freezing, such as buying insulation, putting heaters in basements, and buying foam covers for outdoor or underground water faucets.

While most people are aware a frozen pipe can burst, causing a great deal of property damage, they can also cause serious health concerns, such as exposing residents to lead and asbestos in older buildings. According to a recent news feature from Consumer Affairs, while most pipes in your home are heated and safe from freezing, problems can arise when a heater fails or if the pipe is an unheated area in or around your home.

When water inside a pipe freezes, it will expand due to physical properties of water. When it expands, there is nowhere for the water and ice to escape, so it puts increased pressure on the pipe. When the pressure gets too high, the pipe will fail and burst apart. It doesn’t matter if the pipe is made of metal, PVC, or another type of plastic resin. Once a pipe bursts, a stream of water is often released into the building.
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