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Asbestos removal or “abatement” as the process is called in the industry is an expensive ordeal, which must be performed by trained professionals who are certified to remove the hazardous material. Workers must be provided with proper protective equipment including respirators or ventilators, and care must be taken to prevent asbestos dust from escaping into the environment where it can harm others in the community.

decrepit-window-1438561-m.jpgThe reason for all these precautions is asbestos fibers can be deadly if inhaled. They become lodged in the lungs or an outer layer organ tissue known as the mesothelium where they metastasize into mesothelioma, lung cancer or other respiratory illness.

According to a recent article from Mass Live, Massachusetts Attorney General Martha Coakley is suing an Oxford-based company for improper handling of asbestos in a Sturbridge home.
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Humans have mined asbestos for thousands of years, because it is a cheap naturally-occurring substance resistant to heat, fire, chemicals and electricity, and can easily be refined into consumer and industrial products. It was heavily used during the industrial revolution and still used until it was largely outlawed in the United States in the 1970s. However, despite the known risks, asbestos is still being using in minute quantities in developed nations and largely used in developing nations.
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Wannall v. Honeywell, Inc., a mesothelioma appeals case from the United States Court of Appeals for the District of Columbia Circuit, involved plaintiff who was diagnosed with malignant mesothelioma. Malignant mesothelioma is rare form of cancer most commonly caused by exposure to asbestos.

engineering-masterpiece-58513-m.jpgSoon after being diagnosed with mesothelioma, plaintiff and his wife filed a civil lawsuit. In this lawsuit, plaintiff was seeking damages from several defendants alleged to have manufactured asbestos to which he was exposed. Plaintiff died a short time after this lawsuit. His wife opened a probate estate and assumed plaintiff’s role in her capacity as administrator of his estate. His wife dismissed her personal cause of action and proceeded only on behalf of the estate.
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While the general public did not become aware of the dangers of asbestos until the 1970s at the earliest, the asbestos industry was well aware of the risks associated with their products prior to that.

Through the discovery process in civil mesothelioma lawsuits, we know not only was the asbestos industry aware of the dangers, those involved took affirmative steps to hide this knowledge from the public and even fraudulently marketed some of their asbestos-laden materials as safe alternatives to asbestos.

school-bus-red-light-655548-m.jpgIt is this willful and wanton disregard for the safety of factory workers, construction workers, and consumers of asbestos-containing materials that has led to the award of extremely high verdicts including punitive damages.

According to a recent news article from CNY, the family of a deceased school bus driver from upstate New York was awarded $7.7 million in a mesothelioma lawsuit. In this case, plaintiff was employed as school bus driver from 1957 to 1994. During that period, plaintiff was exposed to asbestos on daily basis while in the bus garage.
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Much like many old buildings across the Commonwealth of Massachusetts, the Plymouth courthouse was built in the 1800s with asbestos-laden materials. The building has sat vacant for years with boarded-up windows while town officials tried to come up with a plan or a buyer willing to deal with the expensive asbestos abatement process.

caulky-271719-m.jpgAccording to a recent news article from WATD, officials desire to raze the old building and replace it with a new town hall government complex. The town will also tear down the old Department of Public Works building and Commissioners building, which are in the same vicinity as the courthouse.
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asbestos-119041-m-1.jpgAsbestos is a naturally occurring substance that has been used for thousands of years by humans due to its natural abilities to resist heat, fire, dangerous chemicals, and electricity. However, it was not until the industrial revolution in the United States and Western Europe that asbestos was heavily mined and used in virtually every aspect of construction and production.
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Asbestos removal, or asbestos abatement as it is known in the industry, is an expensive process that requires professional inspections and certified contractors. Asbestos abatement also requires permits and a well-trained crew that is provided with proper safety equipment, including protective clothing and respirators or ventilators.

hand-cuffs-12754-m.jpgSome property owners who are renovating or demolishing a building choose to ignore the law and remove the asbestos in an illegal and dangerous manner. This is dangerous to the workers and the community at large, as asbestos dust is known to cause deadly forms of cancer such as mesothelioma, asbestosis, lung cancer, and other respiratory illnesses. According to a recent news article from the Detroit Free Press, federal authorities are increasing efforts to curb illegal asbestos removal and disposal.

The article discusses how workers in a now-closed automotive plant showed up without proper training of safety equipment to remove asbestos. The building was dark, as there were no working lights. Workers would use scissor lifts and cut off sheets of asbestos-laden pipe insulation as their supervisors yelled, “let ‘er rip.” By the end of each day of work, these untrained workers were covered with asbestos dust.
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Malignant mesothelioma is a rare form of cancer that is almost always associated with exposure to asbestos. When asbestos fibers are inhaled, they can become embedded in the lungs and other tissue known as the mesothelium. There is no way for doctors to see if the microscopic fibers are present without cutting a portion of the patient’s tissues and sending it to a pathology lab. There are also no symptoms for the first 20 to 50 years following exposure in most cases. While occasionally a tumor is found during an unrelated surgery, most patients do not find out until the disease is in a very advanced stage. Once an asbestos-related illness diagnosis is made, the patient is usually close to dying.
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Proving when and where asbestos exposure occurred is often a critical element in mesothelioma injury lawsuits. According to a recent news article from the Louisiana Record, the state court of appeals has vacated a dismissal of an asbestosis lawsuit, holding that jury could find five days of asbestos exposure was sufficient to cause the deadly form of cancer.

flip-calendar-1-1281977-m.jpgThe court opinion filed on December 10, 2014 involved a plaintiff who alleged he contracted asbestosis while working at various jobs between 1953 and 2006. One of his jobs was working as a pipefitter at a factory for five days. While on that job, he installed and removed asbestos-laden gaskets. In this case, plaintiff and his wife alleged asbestos exposure during this five-day period was a substantial contributing factor to his developing asbestosis. His other responsibilities during that short timeframe involved cleaning up asbestos debris from other workers at the factory.

Plaintiff’s expert testified at trial this five-day exposure was likely above what we currently know to be safe occupational limits of asbestos exposure, and he opined this would have been a significant contributing factor in plaintiff’s illness.
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Throughout the Commonwealth of Massachusetts, cities and towns are faced with problems related to unsafe long-abandoned buildings than need to be demolished but can’t be, due to the presence of highly-toxic asbestos.

vintage-hotel-1380443-m.jpgAccording to a recent news article from WGCB, officials in Holyoke, Massachusetts are faced with this very problem with respect to the Essex House. The Essex house was built in 1880, and was among Paper City’s largest and most luxurious hotels. Now it is a crumbling, dangerous shell of its former glory, and the town wants it gone.
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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
By Appointment Only

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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