Texas voters passed Proposition 12 in 2003, which caps non-economic damages, as an amendment to the state’s constitution. According to a September 8, 2008 article by Amy Lynne Sorrell that appeared on the American Medical Association website, other states have followed Texas’ lead. North Carolina, Colorado and Wisconsin have also set limits to non-economic damages, according to the article.
Opponents of the caps say that the law unfairly benefits doctors. The AMA.org article cited the former past president of the Texas Trial Lawyers Association, Jay Harvey, who said that more plaintiff attorneys are refusing medical liability cases because it’s no longer economically feasible.
In a related story, an Iowa Mesothelioma civil suit names 72 defendants and seeks several hundred thousand dollars. According to an article by Kelly Holleran that appeared in the MadisonRecord.com website on September 8, 2008, Leona Pettibone claims that she became ill with Mesothelioma because of her husband Jerry Pettibone’s work around asbestos at Union Carbide. She claims, according to the article, that asbestos dust from her husband’s work clothes caused the rare cancer. Jerry Pettibone worked at Union Carbide from 1965 to 1986.
The article did not list any of the other firms named in the lawsuit. The suit claims that the defendants should have anticipated and prevented the asbestos exposure. Mesothelioma is a cancer that usually attacks the protective covering of the lungs or heart.
Sources:
AMA News
The Madison Record
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Monday, September 15, 2008
Friday, September 12, 2008
Michigan Man Claims Mesothelioma In Madison County Suit
A Michigan man and his wife have filed an asbestos suit against 69 defendant corporations, claiming the mesothelioma with which the man was diagnosed was wrongfully caused.
James P. and Esther P. Jajuga claim James was diagnosed with the disease June 6, according to a lawsuit filed Sept. 8 in Madison County Circuit Court.
They say James worked for his father at John Jajuga from 1946 until 1951. James also worked from 1950 until 1992 performing various jobs in Michigan and Ohio. They state James's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
The Jajugas allege the asbestos-related disease disabled and disfigured James and has caused substantial medical costs. James also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.
Mesothelioma hindered and prevented James from pursuing her normal course of employment, according to the suit.
As a result, he lost large sums of money, the Jajugas claims.
Because of the disease, Esther claims she has been deprived of the companionship, society and services of James.
In the 10-count lawsuit, the couple is seeking sums in excess of $100,000, economic damages in excess of $150,000, punitive and exemplary damages in excess of $100,000, compensatory damages in excess of $100,000, and for other relief the Court deems appropriate.
They also seek punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Sprinkmann Insulation, Inc., for their misconduct and to deter similarly situated parties from committing like acts in the future.
They are represented by Randy L. Gori of Gori, Julian & Associates in Alton.
News article By Kelly Holleran for The Madison Record.
Source
James P. and Esther P. Jajuga claim James was diagnosed with the disease June 6, according to a lawsuit filed Sept. 8 in Madison County Circuit Court.
They say James worked for his father at John Jajuga from 1946 until 1951. James also worked from 1950 until 1992 performing various jobs in Michigan and Ohio. They state James's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
The Jajugas allege the asbestos-related disease disabled and disfigured James and has caused substantial medical costs. James also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.
Mesothelioma hindered and prevented James from pursuing her normal course of employment, according to the suit.
As a result, he lost large sums of money, the Jajugas claims.
Because of the disease, Esther claims she has been deprived of the companionship, society and services of James.
In the 10-count lawsuit, the couple is seeking sums in excess of $100,000, economic damages in excess of $150,000, punitive and exemplary damages in excess of $100,000, compensatory damages in excess of $100,000, and for other relief the Court deems appropriate.
They also seek punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Sprinkmann Insulation, Inc., for their misconduct and to deter similarly situated parties from committing like acts in the future.
They are represented by Randy L. Gori of Gori, Julian & Associates in Alton.
News article By Kelly Holleran for The Madison Record.
Source
LegalView Informs Americans of Potentially Dangerous Risk of Asbestos Exposure in Home Attic Insulation
The risk is now creeping into our homes ... Is yours truly safe?
LegalView, the most comprehensive resource for everything legal on the Web, reported the details of the risk of asbestos-riddled insulation in home attics across the country. According to news reports, homes built between the 1920s and 1980s are likely to contain insulation derived from vermiculite that was contaminated with asbestos. Asbestos is a mineral that, when inhaled, causes a deadly form of lung cancer to develop on the lining of the lungs. The cancer, known as mesothelioma, can remain dormant within the body for decades before symptoms become apparent, at which point the cancer becomes untreatable. Individuals who suffer from this cancer are advised to speak with an experienced mesothelioma attorney to better understand the potential for developing a mesothelioma lawsuit.
To read the entire text, please click here
About LegalView:
LegalView.com is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation's most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com's superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at www.LegalView.com.
LegalView, the most comprehensive resource for everything legal on the Web, reported the details of the risk of asbestos-riddled insulation in home attics across the country. According to news reports, homes built between the 1920s and 1980s are likely to contain insulation derived from vermiculite that was contaminated with asbestos. Asbestos is a mineral that, when inhaled, causes a deadly form of lung cancer to develop on the lining of the lungs. The cancer, known as mesothelioma, can remain dormant within the body for decades before symptoms become apparent, at which point the cancer becomes untreatable. Individuals who suffer from this cancer are advised to speak with an experienced mesothelioma attorney to better understand the potential for developing a mesothelioma lawsuit.
To read the entire text, please click here
About LegalView:
LegalView.com is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation's most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com's superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at www.LegalView.com.
Wednesday, September 10, 2008
Asbestos worker started in teens
I agree that this is just another sad episode. But I hope, less of these will be happening in the future. Tragedy started 30 years back. And probably there are more cases that are dormant as of yet. That thought is pretty scary. Read on from Nadia Jefferson-Brown for The Press
ANOTHER victim has been claimed by York’s asbestos time bomb.
An inquest heard how Keith Wright was just a teenager when he joined York Carriageworks as an apprentice, and he spent more than 30 years as a coach builder – during which time he was exposed to asbestos dust.
Born in York in 1949, he died at the home he shared with his wife, Ruth, on April 24 this year.
Mrs Wright, a school bursar, said in a statement that her husband stayed at the works until it closed, before joining a Wakefield firm until 2005.
He was fit and healthy until December that year when he developed chest problems. He was diagnosed with asbestos-related malignant mesothelioma in 2005.
Surgery was considered, but he chose to have chemotherapy. His condition remained quite stable until 2007, said Mrs Wright, but he grew weaker towards the end of that year and his condition rapidly deteriorated from Easter 2008. Reading from medical statements, deputy coroner Jonathan Leach told the inquest at Sentinel House, Peasholme Green, in York, that his death was a result of the malignant mesothelioma.
Mesothelioma is a cancer that can develop many decades after exposure to asbestos dust. York-based Corries Solicitors, which dealt with and settled Mr Wright’s claim for compensation from his employers, provided the inquest with a witness statement signed by Mr Wright in April 2006 following his diagnosis.
In the document, he outlined his work history, explaining how he started work at the York Carriageworks in Easter 1965 as an apprentice.
He described working in the repair shop and being exposed to blue asbestos, as well as working in various parts of the carriageworks at different times, where he also came into contact with asbestos.
Mr Leach recorded a verdict of death by industrial disease, as a result of asbestos-related malignant mesothelioma which was caused by exposure to asbestos.
Speaking after the inquest, campaigner Paul Cooper, a former union leader at the carriageworks, paid tribute to Mr Wright.
“I knew Keith from when he started as an apprentice. He was a lovely lad. He played football and the guitar. He was pretty good.”
Describing him as “a very forthright and upright man”, he said: “From what I heard from his close colleagues and friends, he dealt with his diagnosis extremely well. He was a very strong character.”
Mr Cooper said he believed about 110 former workers at York Carriageworks had now died from asbestos-related illnesses such as mesothelioma.
“It is just another shocking episode,” he said of Mr Wright’s death.
Source
ANOTHER victim has been claimed by York’s asbestos time bomb.
An inquest heard how Keith Wright was just a teenager when he joined York Carriageworks as an apprentice, and he spent more than 30 years as a coach builder – during which time he was exposed to asbestos dust.
Born in York in 1949, he died at the home he shared with his wife, Ruth, on April 24 this year.
Mrs Wright, a school bursar, said in a statement that her husband stayed at the works until it closed, before joining a Wakefield firm until 2005.
He was fit and healthy until December that year when he developed chest problems. He was diagnosed with asbestos-related malignant mesothelioma in 2005.
Surgery was considered, but he chose to have chemotherapy. His condition remained quite stable until 2007, said Mrs Wright, but he grew weaker towards the end of that year and his condition rapidly deteriorated from Easter 2008. Reading from medical statements, deputy coroner Jonathan Leach told the inquest at Sentinel House, Peasholme Green, in York, that his death was a result of the malignant mesothelioma.
Mesothelioma is a cancer that can develop many decades after exposure to asbestos dust. York-based Corries Solicitors, which dealt with and settled Mr Wright’s claim for compensation from his employers, provided the inquest with a witness statement signed by Mr Wright in April 2006 following his diagnosis.
In the document, he outlined his work history, explaining how he started work at the York Carriageworks in Easter 1965 as an apprentice.
He described working in the repair shop and being exposed to blue asbestos, as well as working in various parts of the carriageworks at different times, where he also came into contact with asbestos.
Mr Leach recorded a verdict of death by industrial disease, as a result of asbestos-related malignant mesothelioma which was caused by exposure to asbestos.
Speaking after the inquest, campaigner Paul Cooper, a former union leader at the carriageworks, paid tribute to Mr Wright.
“I knew Keith from when he started as an apprentice. He was a lovely lad. He played football and the guitar. He was pretty good.”
Describing him as “a very forthright and upright man”, he said: “From what I heard from his close colleagues and friends, he dealt with his diagnosis extremely well. He was a very strong character.”
Mr Cooper said he believed about 110 former workers at York Carriageworks had now died from asbestos-related illnesses such as mesothelioma.
“It is just another shocking episode,” he said of Mr Wright’s death.
Source
Saturday, September 6, 2008
New Asbestos Lawsuits Filed in West Virginia
It used to be better benefits for one who renders extensive years of service to a company...not cancer.
Recently in Kanawha County, West Virginia, two asbestos-related lawsuits have been filed concerning lung cancer.
The first suit involves James William Davis Jr., who filed an asbestos-related lawsuit naming 74 defendant corporations. The lawsuit was filed on July 18 in the Kanawha County Circuit Court.
Davis worked at A.K. Steel and Allied Chemical between 1967 and 1971. He also worked as a laborer between 1981 and 1997. Davis alleges that at some point during his employment he was exposed to asbestos and developed lung cancer as a result.
According to the lawsuit, Davis is claiming punitive damages for mental and physical pain, as well as the loss of quality and enjoyment of life. He is also seeking compensation for medical bills.
In another lawsuit, Ohio resident Ruth E. Davis has filed on behalf of her late husband, John E. Davis, who recently passed away from lung cancer. The lawsuit was filed on July 25 in Kanawha County Circuit Court.
From 1964 to 1976, John Davis was employed as a machinist for Consolidated Rail. Between 1977 until 1992, he also worked for CSX Transportation.
The lawsuit names both Consolidated Rail and CSX Transportation as defendants, and claims Davis was exposed to a variety of chemicals, including asbestos and diesel exhaust.
Ruth Davis’ three-count lawsuit alleges her husband was not informed about the dangers of working with and around these hazardous substances.
Recently in Kanawha County, West Virginia, two asbestos-related lawsuits have been filed concerning lung cancer.
The first suit involves James William Davis Jr., who filed an asbestos-related lawsuit naming 74 defendant corporations. The lawsuit was filed on July 18 in the Kanawha County Circuit Court.
Davis worked at A.K. Steel and Allied Chemical between 1967 and 1971. He also worked as a laborer between 1981 and 1997. Davis alleges that at some point during his employment he was exposed to asbestos and developed lung cancer as a result.
According to the lawsuit, Davis is claiming punitive damages for mental and physical pain, as well as the loss of quality and enjoyment of life. He is also seeking compensation for medical bills.
In another lawsuit, Ohio resident Ruth E. Davis has filed on behalf of her late husband, John E. Davis, who recently passed away from lung cancer. The lawsuit was filed on July 25 in Kanawha County Circuit Court.
From 1964 to 1976, John Davis was employed as a machinist for Consolidated Rail. Between 1977 until 1992, he also worked for CSX Transportation.
The lawsuit names both Consolidated Rail and CSX Transportation as defendants, and claims Davis was exposed to a variety of chemicals, including asbestos and diesel exhaust.
Ruth Davis’ three-count lawsuit alleges her husband was not informed about the dangers of working with and around these hazardous substances.
OSHA Cites El Dorado Refinery For Asbestos Violations
It so disturbs me to read stories of committed violations on occupational safety knowing fully well that precious lives are at stake, as reported in the following partial news item from Asbestos.com News.
However, stories of courage defending his rights give us hope that eventually all our workplaces will be made a lot safer, like in the second report taken from Mesothelioma Cancer Center News.
The United States Department of Labor Occupational Safety and Health Administration has issued a citation to the Frontier El Dorado Refining Co. of El Dorado, Kansas for two willful violations of federal health and safety standards. OSHA has proposed fines totaling $140,000 as penalty for the violations.
OSHA inspected the premises of the Frontier El Dorado Refining Co. on March 25, after the agency received several complaints that employees at the refinery were in danger of asbestos exposure.
Approximately 100 employees working for subcontractors were exposed to airborne asbestos that was being emitted from thermal insulation.A major concern for the employees exposed to asbestos is the risk of developing asbestos-related disease, such as asbestosis or mesothelioma cancer.
Charles E. Adkins, the OSHA’s regional administrator in Kansas City, said, “Our inspection revealed Frontier El Dorado Refining Co. did not require subcontractors at its facility to comply with OSHA regulations while handling asbestos-containing material. Employers must remain dedicated to keeping the workplace safe and healthful for all employees at its facility.”
Unfortunately, this isn’t the only time the Frontier El Dorado Refining Co. has been cited by OSHA. The company was cited in December 2007 for 18 serious violations and one willful violation, with penalties totaling $153,500.
Currently the company is contesting the violations it received last year.
However, stories of courage defending his rights give us hope that eventually all our workplaces will be made a lot safer, like in the second report taken from Mesothelioma Cancer Center News.
The United States Department of Labor Occupational Safety and Health Administration has issued a citation to the Frontier El Dorado Refining Co. of El Dorado, Kansas for two willful violations of federal health and safety standards. OSHA has proposed fines totaling $140,000 as penalty for the violations.
OSHA inspected the premises of the Frontier El Dorado Refining Co. on March 25, after the agency received several complaints that employees at the refinery were in danger of asbestos exposure.
Approximately 100 employees working for subcontractors were exposed to airborne asbestos that was being emitted from thermal insulation.A major concern for the employees exposed to asbestos is the risk of developing asbestos-related disease, such as asbestosis or mesothelioma cancer.
Charles E. Adkins, the OSHA’s regional administrator in Kansas City, said, “Our inspection revealed Frontier El Dorado Refining Co. did not require subcontractors at its facility to comply with OSHA regulations while handling asbestos-containing material. Employers must remain dedicated to keeping the workplace safe and healthful for all employees at its facility.”
Unfortunately, this isn’t the only time the Frontier El Dorado Refining Co. has been cited by OSHA. The company was cited in December 2007 for 18 serious violations and one willful violation, with penalties totaling $153,500.
Currently the company is contesting the violations it received last year.
Friday, September 5, 2008
The Poster Child for Hope after Meso
It is so heartwarming to receive news of hope and healing. The following partial news from Star Tribune contributor, PAT PHEIFER is truly uplifiting. Let us stay vigilant in defeating cancer. Many are still suffering.
Heather Von St. James calls herself "the poster child for hope after meso." She has been disease free for 2 1/2 years after a radical surgery and treatment for the asbestos-related cancer -- mesothelioma.
Dying was not an option, Heather Von St. James says as her 3-year-old daughter, Lily, rushes in and out of the dining room, climbing on her lap, then dashing off again. ¶ But dying was a terrifying possibility when doctors found a lump the size of an orange in Von St. James's left lung when Lily was only 3 months old. The diagnosis was mesothelioma -- a rare and often fatal form of lung cancer caused by exposure to asbestos.
Now, just over 2 1/2 years after undergoing radical surgery to remove her left lung, the lining around her heart, half of her diaphragm, her sixth rib and a few lymph nodes to be on the safe side, all traces of the cancer are gone.
"I claim cured," says Von St. James.
Dr. David Sugarbaker, who heads the International Mesothelioma Program at Brigham & Women's Hospital in Boston, said Von St. James is a shining example of the progress he is beginning to see in the fight against a disease that traditionally carried a maximum survival of 12 to 18 months.
"I am the poster child for hope after meso," the 39-year-old Roseville woman said.
Sugarbaker, who treated Von St. James, is only slightly more circumspect. "What I can say is that right now in this present moment she is disease-free," he said.
About 2,000 cases of mesothelioma are diagnosed in the United States each year, according to the National Cancer Institute. Unusually high rates of the disease have been reported among men from Minnesota's Iron Range since the late 1980s. The state Department of Health has so far identified 59 cases among mine workers and is planning a study with the University of Minnesota aimed at determining what might have caused the illness.
Heather Von St. James calls herself "the poster child for hope after meso." She has been disease free for 2 1/2 years after a radical surgery and treatment for the asbestos-related cancer -- mesothelioma.
Dying was not an option, Heather Von St. James says as her 3-year-old daughter, Lily, rushes in and out of the dining room, climbing on her lap, then dashing off again. ¶ But dying was a terrifying possibility when doctors found a lump the size of an orange in Von St. James's left lung when Lily was only 3 months old. The diagnosis was mesothelioma -- a rare and often fatal form of lung cancer caused by exposure to asbestos.
Now, just over 2 1/2 years after undergoing radical surgery to remove her left lung, the lining around her heart, half of her diaphragm, her sixth rib and a few lymph nodes to be on the safe side, all traces of the cancer are gone.
"I claim cured," says Von St. James.
Dr. David Sugarbaker, who heads the International Mesothelioma Program at Brigham & Women's Hospital in Boston, said Von St. James is a shining example of the progress he is beginning to see in the fight against a disease that traditionally carried a maximum survival of 12 to 18 months.
"I am the poster child for hope after meso," the 39-year-old Roseville woman said.
Sugarbaker, who treated Von St. James, is only slightly more circumspect. "What I can say is that right now in this present moment she is disease-free," he said.
About 2,000 cases of mesothelioma are diagnosed in the United States each year, according to the National Cancer Institute. Unusually high rates of the disease have been reported among men from Minnesota's Iron Range since the late 1980s. The state Department of Health has so far identified 59 cases among mine workers and is planning a study with the University of Minnesota aimed at determining what might have caused the illness.
Tuesday, September 2, 2008
Mesothelioma Lawsuit in Texas Names 46 Defendants
Mesothelioma Cancer Center News Report
Davis has filed against a total of 46 defendants, which include A.W. Chesterton, Union Carbide, Goodrich, and Zurn Industries. The lawsuit claims these companies exposed Davis to asbestos or contributed to his exposure by developing, manufacturing, and distributing products that contained the hazardous substance.
According to the lawsuit, the defendants either knew or should have known about the dangers associated with asbestos exposure. The suit claims his exposure was foreseeable and should have been anticipated by the defendants.
The lawsuit also claims the defendants knew their products would enter the market without being inspected for defects. Davis believes the defendants conspired to suppress or misrepresent information that would have notified him about the dangers of asbestos.
The suit specifically states the “Defendants knowingly conspired among themselves to cause injuries, diseases, and illness and/or death by exposing him to asbestos,” and “committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos.”
Davis and Lou Thompson, a mesothelioma lawyer, are seeking punitive and exemplary damages, as well as compensation for emotional stress, lost income, loss of earning capacity, physical impairment, and medical expenses.
How many more workers will suffer because of unregulated asbestos exposure?
Orlando, FL 9/02/2008 06:42 PM GMT (TransWorldNews)
A man diagnosed with mesothelioma has filed an asbestos-related lawsuit claiming his disease was wrongfully caused. Tommy Davis filed the suit on August 26 in the Jefferson County District Court in Texas.
Davis has filed against a total of 46 defendants, which include A.W. Chesterton, Union Carbide, Goodrich, and Zurn Industries. The lawsuit claims these companies exposed Davis to asbestos or contributed to his exposure by developing, manufacturing, and distributing products that contained the hazardous substance.
According to the lawsuit, the defendants either knew or should have known about the dangers associated with asbestos exposure. The suit claims his exposure was foreseeable and should have been anticipated by the defendants.
The lawsuit also claims the defendants knew their products would enter the market without being inspected for defects. Davis believes the defendants conspired to suppress or misrepresent information that would have notified him about the dangers of asbestos.
The suit specifically states the “Defendants knowingly conspired among themselves to cause injuries, diseases, and illness and/or death by exposing him to asbestos,” and “committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos.”
Davis and Lou Thompson, a mesothelioma lawyer, are seeking punitive and exemplary damages, as well as compensation for emotional stress, lost income, loss of earning capacity, physical impairment, and medical expenses.
How many more workers will suffer because of unregulated asbestos exposure?
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