Mesothelioma Lawyers Blog

An elementary school in Swampscott, Massachusetts was forced to shut down because it is literally falling apart, according to a recent news article from CBS Boston. One of the main concerns is that as the walls are crumbling and the floors are buckling, staff and students are being exposed to asbestos that the plaster is likely to contain.

The community has been trying to get funding for years to replace the deteriorating building that was built over a century ago, but the funding necessary to build a new school isn’t there. Perhaps now, with the asbestos fear, the town can find funding to replace a building that school officials refer to as a dinosaur.

The best argument raised by those in support of a new elementary school is that the tax payers are going to spend millions on either repairing the current school or building a new one, and it makes more sense to invest in the future by constructing a new facility. As mesothelioma lawyers who practice in the Boston area understand, renovating the building requires an expensive asbestos removal process that must be done according to rigid safety and health standards to avoid placing staff and students at risk of inhaling asbestos fibers.

While there is no telling how many workers were exposed to asbestos during the construction process 104 years ago, and it is likely that people were exposed and developed mesothelioma, asbestos in a stable state is generally considered safe for building occupants. When the building begins to crumble, the asbestos fibers are released into the air. If the fibers are inhaled, they can become embedded into the tissue of the lungs and other organs. There is no way for doctors to remove the fibers that over time can cause mesothelioma, lung cancer, and other serious diseases.
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According to a recent story from WFMZ-TV News, one eastern Pennsylvania school district is planning on removing construction debris containing asbestos that was buried in the woods behind an elementary school a year ago.

School officials report that construction debris (mostly residential siding material) was illegally dumped on school property during the summer when school was out of session. When school officials found the debris, they had no idea who left it there, but decided that the quickest way to deal with the problem was to have it buried in the woods behind the school.

After obtaining permission from the school board, school officials had the asbestos containing debris buried in a hole lined with clay. The clay was used in an attempt to prevent asbestos from leaching into the soil surrounding the material.

The new school superintendent learned the asbestos was buried behind his school when he came to the board with plans to construct a nature trail in those same woods. He was told that he should not dig near where the asbestos was buried.

At a board meeting, members agreed to fund the costs of having a licensed asbestos removal company unearth and properly dispose of the cancer-causing material. This is a very sensitive project that requires extreme caution to avoid asbestos fibers from contaminating the surrounding area or being released into the air.

If inhaled, asbestos fibers can become embedded in the lungs and other body organs. When the fibers become imbedded in the mesothelium layer of organ tissue, they can cause mesothelioma, which is a deadly form of cancer. The fibers can also cause lung cancer. As our Boston attorneys who represent mesothelioma victims and their families understand, the disease often doesn’t manifest itself in patients until around 20 to 50 years after exposure. Even if a person knows they were exposed to asbestos, there is nothing doctors can do to remove the deadly fibers or prevent the disease. Most victims can only wait and hope they do not become sick.
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It has been well established that exposure to asbestos fibers and dust is linked to a deadly type of cancer known as mesothelioma, as well as lung cancer. According to recent report from London Imperial College News, asbestos exposure is now linked to a type of lung disease known as idiopathic pulmonary fibrosis (IPF).

Idiopathic pulmonary fibrosis is medical condition in which deep lung issue becomes thick and scarred. As the thickness of the lung tissue increases, the lungs lose their ability to transfer oxygen into the bloodstream. The internal organs, including the brain, cannot function properly without oxygen and begin to fail. As time goes by, the condition gets worse and the organ failure continues. The amount of time it takes to progress varies from person to person, but the condition is chronic and can eventually result in death.

Historically, while doctors were able to diagnose patients suffering from IPF, the cause was not known. It was only known that the condition typically affects patients who are middle-aged and older. However, this new research seems to point to asbestos exposure as least one major cause of the deadly lung disease. As our Boston attorneys who regularly represent people who become ill as a result of asbestos exposure understand, one of the most tragic aspects of the situation is that, even if a person knows they have been exposed to asbestos fibers, doctors have no way to remove them from the body, and the patient must simply wait for years or even decades and hope that they do not develop mesothelioma, lung cancer, or as we know now, IPF.
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California Environmental Protection Unit prosecutors have reached a settlement with a local nursing home, according to a recent story from News Channel 5. The settlement agreement between prosecutors and the nursing home owners requires the payment of $225,000 by defendants. In addition to the settlement amount, defendants must pay and over $70,000 in costs and civil fines.

Defendants were cited for numerous violations in connection with their efforts to renovate the nursing home facility in 2012. It has been alleged that defendants did not commission a full survey, as required by law where asbestos is involved, and instead relied upon an incomplete operations report.

If defendants had conducted the required full inspection and survey, it would have revealed that the wallboard used in patient rooms contained asbestos. Without having a survey that revealed the presence of asbestos, defendants did not contact the local air pollution control district or the Occupational Safety and Health Administration prior to commencing renovations. The company also did not follow the legally required asbestos handling protocols and did not provide workers with the necessary safety equipment.

Prosecutors reported that, during the renovation, asbestos fibers were released into the air, and workers were exposed to the hazardous substance. It should be noted that this was the second time prosecutors had charged the same defendants with crimes pertaining to improper asbestos removal. The first case involved another nursing home owned by defendants and, in that case, the parties reached a $110,000 settlement.

Our Boston asbestos attorneys know asbestos is a deadly substance that must be handled properly. While it is considered somewhat safe when it is in a stable condition, the removal of asbestos must be handled with extreme caution. When an employer does not take steps to prevent workers and other members of the community from inhaling asbestos fibers, that employer has made a choice to risk the lives of others to save the company money.
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The Supreme Court of California has agreed to hear an appeal involving a plaintiff who sued his uncle’s employer. According to a recent article in the San Francisco Chronicle, the plaintiff, who is dying from mesothelioma, has alleged that he was exposed to asbestos when his uncle returned home from work covered in asbestos dust.

His uncle worked for a company that manufactured asbestos-filled brake linings for automobiles. Under the normal rule, an asbestos manufacturer is not liable for illness to anyone who came in contact with its employees. However, the intermediary court of appeals held that a company that uses toxic materials must take appropriate steps and use reasonable efforts to keep safe family members who live with their workers.

Pllaintiff said that he would spend around three nights a week in his uncle’s home as a child and remembers his uncle being covered in dust from work. As our Boston mesothelioma lawyers know, asbestos consists of six naturally occurring silica minerals and has been used through the industrial revolution in a variety ways, due its ability to withstand heat, electricity, and many caustic chemicals. It was used in brake linings to prevent the brakes from overheating and catching fire, which can happen on large commercial vehicles.
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In Collin v. CalPortland Company, a case from the California Court of Appeals, the plaintiff was a construction worker from 1955 through 1995. He was diagnosed with peritoneal mesothelioma and alleges that his cancer was caused by exposure to asbestos-containing plastic cement and a joint compound that he came into contact with on many job sites.

As our Boston mesothelioma lawyers understand, this case highlights the importance of having a witness who can prove a plaintiff’s exposure to asbestos.

While there were 22 named defendants, the manufacturer of the plastic cement and the predecessor of the manufacturer of the joint compound separately moved for summary judgment to dismiss the plaintiff’s claims against them.
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