Asbestos Link From Welding Rods To Mesothelioma

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This case has been pending in New York State appeals court for some time, but on Dec. 29th in a first-ever jury finding that asbestos-containing welding rods, sold in the billions up to the early 1980's, had caused lung cancer and mesothelioma. Attorney Jerome H. Block of the nationally known mass toxic tort law firm of Levy Phillips and Konigsberg has recently made this announcement.

This New York Supreme Court, Appellate Division, First, upheld the July 2003 jury verdict in favor of, Angel Gomez, who died following the trial, and the late Daniel Tucker. Both men worked with and around asbestos-containing welding rods. The jury awarded Gomez a total of approximately $3.19 million against Lincoln Electric Company. Jury however, reduced 25 percent of the compensation percent since Gomez was a cigarette smoker. Tucker's estate was awarded a total of approximately $3.5 million split between Lincoln and Hobart Brothers Company.

The welding rods at issue in the Gomez and Tucker cases continue to be a top-selling, all-purpose welding rod. Up to the early part of 1980s, these rods were coated with a mixture containing 5% to 15% asbestos, according to trial testimony.

Source: Washington University in St.Louis - School of Medicine

Did you know?
This case has been pending in New York State appeals court for some time, but on Dec. 29th in a first-ever jury finding that asbestos-containing welding rods, sold in the billions up to the early 1980's, had caused lung cancer and mesothelioma. Attorney Jerome H. Block of the nationally known mass toxic tort law firm of Levy Phillips and Konigsberg has recently made this announcement.

View the original article here

Veterans May Benefit from Asbestos Compensation Fun

Veterans May Benefit from Asbestos Compensation Fun - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comVeterans May Benefit from Asbestos Compensation Fun

An Op-Ed piece by Alabama veterans in the Decatur Daily voices their support for an asbestos compensation fund. Veterans with asbestos related diseases are presently not able to sue the U.S. Government over their contact with asbestos, nor will that change anytime soon. The alternative is to sue the companies who supplied the government, but veterans say most of those companies are bankrupt or don't exist anymore. However, an asbestos bill may provide veterans relief as they would be able to receive compensation provided by insurers and businesses involved in the asbestos industry.

Senate Judiciary Committee Chairman Arlen Specter is hard at work on a bill that would create a national asbestos victims' compensation fund to solve the crisis. The government wouldn't have to pay a penny under this plan. Businesses and insurance companies will pay into the fund. Truly sick victims with asbestos-related illnesses will get paid quickly, without having to hire a trial lawyer or face the uncertainty in the court system.

News Source: Decatur Daily  |  Published: February 21, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

*Comments: (Please describe your legal issues and needs.)

Terms I understand submission of information submission of information for review does not create, is not intended to create, and must not be relied upon as creating, an attorney-client relationship. I understand such a relationship can only be created by the agreement of both the client and the attorney, evidenced by a written retainer agreement that has been signed by client and counter-signed by the attorney.By submitting your expression of interest you are consenting to receive telephone calls from participating law firms even if you are currently on the do-not-call list. *I Agree to these terms: All contents copyright ©2008, eJustice All rights reserved. Asbestos Today is part of the eJustice Network. Your use of this web site constitutes acceptance of the Asbestos Today Privacy Policy and Terms of Use.

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UK Insurer Gets Partial Victory in Asbestos Case

UK Insurer Gets Partial Victory in Asbestos Case - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comUK Insurer Gets Partial Victory in Asbestos Case

Reuters reports that Aviva, an insurer, and the government wanted to stop pay-outs for pleural plaques.

Holland slashed the level of compensation to be awarded, ruling that provisional damages should be between 3,500 and 4,000 pounds rather than the previous range of 5,000 to 7,000 and final damages should be between 6,000 and 7,000 pounds compared with the previous range of 12,500 to 20,000.

News Source: Reuters  |  Published: February 21, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

*Comments: (Please describe your legal issues and needs.)

Terms I understand submission of information submission of information for review does not create, is not intended to create, and must not be relied upon as creating, an attorney-client relationship. I understand such a relationship can only be created by the agreement of both the client and the attorney, evidenced by a written retainer agreement that has been signed by client and counter-signed by the attorney.By submitting your expression of interest you are consenting to receive telephone calls from participating law firms even if you are currently on the do-not-call list. *I Agree to these terms: All contents copyright ©2008, eJustice All rights reserved. Asbestos Today is part of the eJustice Network. Your use of this web site constitutes acceptance of the Asbestos Today Privacy Policy and Terms of Use.

View the original article here

Madison Square Garden Reopens After Asbestos Scare

Players and coaches had long since left the building. They were still digesting the previous warning — an asbestos scare at Madison Square Garden that forced the postponement of a home game Tuesday night.

Like the fire alarm, the asbestos warning appears to have been unwarranted, and the Knicks will soon resume their normal schedule.

Garden officials announced Wednesday evening that the arena had been deemed safe and that all events would go on as scheduled. The Knicks will play the Washington Wizards there Friday night.

In a statement, the Garden said it had received “assurance from the city and environmental experts regarding the safety of the arena.”

The statement said nothing about asbestos, the word that initially set off concerns after some debris fell from the Garden attic during overnight maintenance Monday. Tests conducted by the city’s Department of Environmental Protection and by independent contractors concluded that no asbestos had been released into the arena.

Garden officials, exercising what they called “an abundance of caution,” postponed Tuesday night’s game between the Knicks and the Orlando Magic. The teams are working with the N.B.A. to schedule a makeup date.

The decision to reopen the arena was made by Garden officials alone. The city’s oversight effectively ended once testing concluded that there was no asbestos in the arena.

“It’s essentially in their hands,” Farrell Sklerov, a spokesman for the D.E.P., said earlier in the afternoon. He added, “There’s no health risk.”

Had the Garden remained closed, the Knicks would have been forced to postpone more home games or play them at another site, probably in New Jersey. Garden officials made initial inquiries with the Prudential Center in Newark, but never made firm plans to play there.

On Wednesday, the Knicks seemed more concerned with cleaning up their offense and their record (1-2) than their aging arena. They lost close games to Boston and Portland last week, outcomes that left them with equal doses of frustration and hope. The tough schedule continues Thursday night in Chicago against the talent-rich Bulls.

So Tuesday’s postponement, however inconvenient, was not all bad. It gave three key players — Anthony Randolph (sprained ankle), Ronny Turiaf (sore back) and Danilo Gallinari (sore wrist) — extra time to heal.

It also allowed the Knicks to avoid, for now, a difficult matchup with Orlando’s Dwight Howard, perhaps the league’s most fearsome big man. The running joke was that the Knicks finally found a way to shut down Howard.

“One of my better coaching performances,” Coach Mike D’Antoni said, chuckling. He added: “It was either Dwight Howard or breathing bad material. It’s a tossup.”

D’Antoni said that his young team might be more ready for the challenge by the time the Knicks see the Magic.

Several players came to the training center to work out or shoot on their own. But the unexpected postponement left them with a free night and an empty feeling.

“It was tough,” Amar’e Stoudemire said. “I mean, we definitely was ready to play, was prepared for Orlando, was geared up, ready to go.”

The players were either headed to the Garden or getting ready to leave their homes when they received word that the game had been postponed. Some players said they just relaxed and watched television. Some watched other N.B.A. games. D’Antoni said he watched game film of the Bulls.

“I wanted to play,” said Gallinari, who is eager to break out of a shooting slump. “I wanted to play the game. That was not good news.”

Gallinari was already on his way to Manhattan when he heard about the incident and decided to keep going. He walked around Central Park, visited the Apple Store on Fifth Avenue (to check out the iPad), then headed to SoHo for dinner at an Italian restaurant.

It was a nice way to spend an evening, just not what he had in mind. Like his teammates, Gallinari had never lost a game to 40-year-old fire retardant.

“Only in New York can that happen,” he said.

View the original article here

Identifying Asbestos Symptoms

Understanding and identifying asbestos symptoms is a must for anyone that works in removal services. Knowing the basics of the symptoms is also advisable to those that work or frequent in environments known for presenting a high risk of asbestos exposure. Older buildings, construction sites, and even automobiles that are not well maintained would be common examples of where asbestos accumulates.

And quite honestly, it never hurts for the "average person" to be aware of the symptoms of asbestos exposure because there is always a chance that an environment, no matter how nice it may look on the outside, could be filled with asbestos due to a lack of care or upkeep of the property.

One needs to be very mindful of the fact that exposure to asbestos could lead to contracting mesothelioma. Mesothelioma is a form of cancer that can affect the heart, lungs, or abdomen. This is a highly aggressive form of cancer that spreads quite quickly. If not detected as soon as possible, it can spread to advanced stages rapidly. Without effective treatment or a proper diagnosis, it is doubtful the afflicted would last much longer than a year. Expiring after only a few months is not out of the question either.

Again, this is why a basic understanding of asbestos symptoms is a must. Here is a look at the most obvious of these symptoms....

Regardless of the particular region of the body the asbestos is afflicting two consistent symptoms would be weight loss and a loss of appetite. Obviously, these two symptoms alone would not automatically be considered indicators of a serious health disorder. But, if these two conditions are combined with other symptoms associated with asbestos exposure then a proverbial "red flag" must be raised.

Asbestos commonly impacts the lungs which mean various respiratory problems may arise when the lungs have been seriously irritated. Wheezing and shortness of breath would be a clear indication that something might be wrong with the lungs. If you are hearing a cracking type sound in the lungs when you inhale, this would be a serious indication a major problem is present. Those that are coughing blood will need to see a doctor immediately. Coughing blood would be a strong indication that the asbestos has led to lung cancer.

Abestos exposure can also impact the heart in a damaging way. Both heart and lung issues related to asbestos exposure could be indicated via chest tightness and chest pain. Chest pain is certainly not a symptom to take lightly. To seek qualified medical help when experiencing such pain would be well advised.

Abdominal problems related to asbestos symptoms would be evident in the stomach region. The most common of these symptoms would be severe swelling and pain in the abdominal region. A consistent high fever could be another common symptom to experience when suffering from asbestos induced abdominal issues. Bowel obstructions may also be common as would issues related to blood clotting. If left unchecked, abdominal related asbestos issues could lead to the onset of anemia.

When several symptoms are combined together this would be a greater indication that something serious is wrong. However, it is advisable not to make any assumptions about how serious or how un-serious the condition is based on own self-assessment. Doing so could prove disastrous since making assessments on one's own are not valid.

Only a qualified physician has the ability to make a proper diagnosis and would only do so after a batter of tests. Additionally, delaying a proper diagnosis can lead to any potential cancer spreading. With mesothelioma cancer, time is of the essence since the life expectancy for a person with untreated mesothelioma is very short. Once a correct diagnosis is made then appropriate treatment can be undertaken. Such treatment could likely prolong a person's life. Again, the quicker such treatment is performed the greater the odds it will be successful.

Never underestimate the severity of asbestos symptoms. What may seem like a "minor" problem could very well be a highly serious one...even a life threatening one. As such, the symptoms needed to be addressed immediately. Of course, prior to addressing the problem, it is necessary to identify the symptoms. This can only be done if you familiarize yourself with them.

View the original article here

Asbestos Related Lung Cancer

Nowadays, there are many diseases and illnesses caused by unhealthy life style. These diseases can also be developed to constant exposure to dangerous substance or chemical. One of the most dangerous diseases is the asbestos lung cancer.

When people hear about lung cancer, most of them think about cancer suffered by smokers. It's not always true, actually. Those who are often exposed to it, are usually workers in mines, mills, factories, or home workers who usually deal with installing, carrying, or removing it. Some workers who are exposed to high concentration of asbestos are workers in automotive repair, boiler making, pipe fitting, construction, or even people who work in laundry to clean clothes containing clothing.

It is a kind of fibrous family of silica compound. It forms fibers and there are 3 types of it: white asbestos (the chrysolite), brown asbestos (the amosite), and blue asbestos (the crocidolite). All three are dangerous and can cause lung disease related to cancer or non-cancer illness. Its effect isn't direct, though. It takes about 20 years of exposure to make it resulted in cancer. During the 20 years people might not feel anything. There are 3 types of lung disease related exposure to asbestos:

Asbestosis: the scarring of the lung process which means the lungs are hurtPleura or the lining of the lung. This is caused by inflammation and the lining tissue will be thicken or hardened, and it happens on the outer part of the lungs.Lung cancer. It's caused from within the lungs or the pleura.

When the disease develops into lung cancer, there are two types of lung cancer: the small cell one (SCLC - small cell) and non small one (NSCLC - non small cell). The SCLS means that the cells are round and small, while the NSCLC means that the cells are bigger. When the cancer has the characteristics of both, it's called the mixed small/large cell cancer. The cancer in the lung will start by the dividing of tissue cell in the lung at abnormal and uncontrollable level. Sometimes the cell may grow in strange condition and become bigger and then form a cluster. The NSCLC is the biggest part of lung cancer diseases, with about 80% of patients suffer from it. Although the cancers are small, they can multiply fast and form a tumor - even large ones. The tumor then can spread to other organs and lymph nodes. Most patients won't realize that they have asbestos lung cancer until it's too late. They don't know about it because they don't feel any pain or symptoms. It's called as asymptomatic or without symptoms. To diagnose asbestos, the doctors require patients to undergo image tests, biopsy, and spit sample.

Asbestos can get worse if the patients have unhealthy habits such as smoking or drinking. Smoking will definitely worsen their condition. When patients start to feel initial symptoms they may cough over and over, have chest pain, suffer from bleeding sputum, have change in sputum's colour and volume, have weight loss, suffer from appetite loss, suffer from headaches and often feel very tired.

View the original article here

Madison Square Garden Reopens After Asbestos Scare

Players and coaches had long since left the building. They were still digesting the previous warning — an asbestos scare at Madison Square Garden that forced the postponement of a home game Tuesday night.

Like the fire alarm, the asbestos warning appears to have been unwarranted, and the Knicks will soon resume their normal schedule.

Garden officials announced Wednesday evening that the arena had been deemed safe and that all events would go on as scheduled. The Knicks will play the Washington Wizards there Friday night.

In a statement, the Garden said it had received “assurance from the city and environmental experts regarding the safety of the arena.”

The statement said nothing about asbestos, the word that initially set off concerns after some debris fell from the Garden attic during overnight maintenance Monday. Tests conducted by the city’s Department of Environmental Protection and by independent contractors concluded that no asbestos had been released into the arena.

Garden officials, exercising what they called “an abundance of caution,” postponed Tuesday night’s game between the Knicks and the Orlando Magic. The teams are working with the N.B.A. to schedule a makeup date.

The decision to reopen the arena was made by Garden officials alone. The city’s oversight effectively ended once testing concluded that there was no asbestos in the arena.

“It’s essentially in their hands,” Farrell Sklerov, a spokesman for the D.E.P., said earlier in the afternoon. He added, “There’s no health risk.”

Had the Garden remained closed, the Knicks would have been forced to postpone more home games or play them at another site, probably in New Jersey. Garden officials made initial inquiries with the Prudential Center in Newark, but never made firm plans to play there.

On Wednesday, the Knicks seemed more concerned with cleaning up their offense and their record (1-2) than their aging arena. They lost close games to Boston and Portland last week, outcomes that left them with equal doses of frustration and hope. The tough schedule continues Thursday night in Chicago against the talent-rich Bulls.

So Tuesday’s postponement, however inconvenient, was not all bad. It gave three key players — Anthony Randolph (sprained ankle), Ronny Turiaf (sore back) and Danilo Gallinari (sore wrist) — extra time to heal.

It also allowed the Knicks to avoid, for now, a difficult matchup with Orlando’s Dwight Howard, perhaps the league’s most fearsome big man. The running joke was that the Knicks finally found a way to shut down Howard.

“One of my better coaching performances,” Coach Mike D’Antoni said, chuckling. He added: “It was either Dwight Howard or breathing bad material. It’s a tossup.”

D’Antoni said that his young team might be more ready for the challenge by the time the Knicks see the Magic.

Several players came to the training center to work out or shoot on their own. But the unexpected postponement left them with a free night and an empty feeling.

“It was tough,” Amar’e Stoudemire said. “I mean, we definitely was ready to play, was prepared for Orlando, was geared up, ready to go.”

The players were either headed to the Garden or getting ready to leave their homes when they received word that the game had been postponed. Some players said they just relaxed and watched television. Some watched other N.B.A. games. D’Antoni said he watched game film of the Bulls.

“I wanted to play,” said Gallinari, who is eager to break out of a shooting slump. “I wanted to play the game. That was not good news.”

Gallinari was already on his way to Manhattan when he heard about the incident and decided to keep going. He walked around Central Park, visited the Apple Store on Fifth Avenue (to check out the iPad), then headed to SoHo for dinner at an Italian restaurant.

It was a nice way to spend an evening, just not what he had in mind. Like his teammates, Gallinari had never lost a game to 40-year-old fire retardant.

“Only in New York can that happen,” he said.

View the original article here

New York Increases Monitoring of Asbestos Inspectors

Three months after a safety inspector admitted to falsifying hundreds of reports concluding that buildings were free of cancer-causing asbestos, the city agency that licensed him — and still licenses nearly 550 others — says it has taken steps to ensure better oversight.

The agency, the Department of Environmental Protection, which certifies the private inspectors who test buildings and construction sites, says the measures include sharing information with federal, state and city agencies, computerizing its filing system and substantially increasing audits and spot checks of inspectors in the field.

The changes, the result of a two-month internal review, were outlined in a June 28 memorandum to Mayor Michael R. Bloomberg from the environmental agency’s commissioner, Cas Holloway. The agency provided a copy of the five-page memorandum to The New York Times.

The review, an agency official said, was prompted by an article in The Times in late April about the inspector, Saverio F. Todaro, 68, who had admitted in federal court a month earlier that he falsified the reports. Mr. Todaro pleaded guilty to federal environmental crimes, fraud and making false statements; he faces as long as five years in prison when he appears next month before a judge for sentencing.

Mr. Todaro, who operated an environmental inspection and testing company, acknowledged that he had submitted clean asbestos and lead test results for at least a decade without performing any tests.

The scope and audacity of his crimes and the apparent ease with which he got away with them suggested that the agency’s oversight was weak and raised questions about the integrity of the work of other inspectors.

A spokesman for the environmental agency, Farrell Sklerov, however, said that the two-month review, and a substantial increase in office audits and field visits since it began, found no indications that such conduct was widespread.

But the investigation that led to the charges against Mr. Todaro, by the federal Environmental Protection Agency’s Criminal Investigation Division, the city Department of Investigation and federal prosecutors in Manhattan, is not over, and the authorities have suggested that more charges may be brought, though it is unclear whether they would focus on more inspectors.

The city environmental agency regulates private asbestos inspectors, who play an important role in what has long been viewed as one of the more corrupt sectors of the construction industry. The agency sets the procedures and establishes requirements for training and certification.

The inspectors, formally known as certified asbestos investigators, are hired by building owners and developers to assess apartments and buildings set to undergo renovation or demolition, because inhaling asbestos can cause lung disease and cancer. The assessments can have a major impact on the cost and duration of a project, since cleanup or abatement can be expensive and time consuming.

A surprising aspect of Mr. Todaro’s case was that his certification was suspended in 2004 by the environmental agency, which cited poor building surveys and improper record keeping.

But because of a lack of communication between city agencies, he was able to keep performing asbestos assessments and avoid scrutiny. He continued to file assessments with the city’s Buildings Department, enabling developers to obtain permits to demolish or renovate, because the Department of Environmental Protection had not notified the Buildings Department of his suspension.

“The fact that Mr. Todaro continued to conduct asbestos-related investigations following the suspension of his license raised concerns about whether there are sufficient safeguards in place to ensure that only properly licensed C.A.I.’s conduct asbestos investigations in New York City,” Mr. Holloway wrote in the memo.

The environmental agency also failed to notify the State Department of Labor, which licenses asbestos abatement companies, and the federal Environmental Protection Agency.

Mr. Holloway said that partly because of this lapse, his agency had instituted a data-sharing and notification system with the federal E.P.A., the New York State Departments of Environmental Conservation, Labor and Health and several city agencies, including the Departments of Buildings, Design and Construction, Transportation, Housing Preservation and Development, Health and Mental Hygiene.

The new protocols, he wrote in the memo, also include an Internet-based filing system for asbestos, which will automatically reject reports by any asbestos investigator whose certification has been suspended or revoked.

The agency, Mr. Holloway said in the memo, will nearly double the number of office audits it conducts each year, to 75, up from 40; the agency will check the records and activities of nearly 15 percent of the 543 asbestos investigators it certifies.

Also, the agency hired two additional inspection monitors in February, Mr. Sklerov said, bringing to 15 the number of staff members who, among other responsibilities, monitor asbestos investigators. In addition to the office audits, the monitors will conduct 500 spot-check field inspections each year to verify the accuracy of the information asbestos investigators provided about the planned scope of work and to check for any evidence of asbestos, the memo said.

Despite the changes detailed in the memo, however, experts and law enforcement officials said that many questions remained about the case of Mr. Todaro, including how he was able to get away with what he did for so long, and how the agency’s oversight practices had developed over the years.

Not the least of the questions center on the potential lingering effects of both Mr. Todaro’s crimes and of the city’s lapses in oversight.

Indeed, because Mr. Todaro falsified so many tests, it is impossible in most instances to determine if proper assessments would have revealed levels of asbestos that were potentially dangerous — not only to workers, but also to neighbors and passers-by — because the buildings have been torn down and replaced with new ones, or gutted and renovated.

View the original article here

New York Increases Monitoring of Asbestos Inspectors

Three months after a safety inspector admitted to falsifying hundreds of reports concluding that buildings were free of cancer-causing asbestos, the city agency that licensed him — and still licenses nearly 550 others — says it has taken steps to ensure better oversight.

The agency, the Department of Environmental Protection, which certifies the private inspectors who test buildings and construction sites, says the measures include sharing information with federal, state and city agencies, computerizing its filing system and substantially increasing audits and spot checks of inspectors in the field.

The changes, the result of a two-month internal review, were outlined in a June 28 memorandum to Mayor Michael R. Bloomberg from the environmental agency’s commissioner, Cas Holloway. The agency provided a copy of the five-page memorandum to The New York Times.

The review, an agency official said, was prompted by an article in The Times in late April about the inspector, Saverio F. Todaro, 68, who had admitted in federal court a month earlier that he falsified the reports. Mr. Todaro pleaded guilty to federal environmental crimes, fraud and making false statements; he faces as long as five years in prison when he appears next month before a judge for sentencing.

Mr. Todaro, who operated an environmental inspection and testing company, acknowledged that he had submitted clean asbestos and lead test results for at least a decade without performing any tests.

The scope and audacity of his crimes and the apparent ease with which he got away with them suggested that the agency’s oversight was weak and raised questions about the integrity of the work of other inspectors.

A spokesman for the environmental agency, Farrell Sklerov, however, said that the two-month review, and a substantial increase in office audits and field visits since it began, found no indications that such conduct was widespread.

But the investigation that led to the charges against Mr. Todaro, by the federal Environmental Protection Agency’s Criminal Investigation Division, the city Department of Investigation and federal prosecutors in Manhattan, is not over, and the authorities have suggested that more charges may be brought, though it is unclear whether they would focus on more inspectors.

The city environmental agency regulates private asbestos inspectors, who play an important role in what has long been viewed as one of the more corrupt sectors of the construction industry. The agency sets the procedures and establishes requirements for training and certification.

The inspectors, formally known as certified asbestos investigators, are hired by building owners and developers to assess apartments and buildings set to undergo renovation or demolition, because inhaling asbestos can cause lung disease and cancer. The assessments can have a major impact on the cost and duration of a project, since cleanup or abatement can be expensive and time consuming.

A surprising aspect of Mr. Todaro’s case was that his certification was suspended in 2004 by the environmental agency, which cited poor building surveys and improper record keeping.

But because of a lack of communication between city agencies, he was able to keep performing asbestos assessments and avoid scrutiny. He continued to file assessments with the city’s Buildings Department, enabling developers to obtain permits to demolish or renovate, because the Department of Environmental Protection had not notified the Buildings Department of his suspension.

“The fact that Mr. Todaro continued to conduct asbestos-related investigations following the suspension of his license raised concerns about whether there are sufficient safeguards in place to ensure that only properly licensed C.A.I.’s conduct asbestos investigations in New York City,” Mr. Holloway wrote in the memo.

The environmental agency also failed to notify the State Department of Labor, which licenses asbestos abatement companies, and the federal Environmental Protection Agency.

Mr. Holloway said that partly because of this lapse, his agency had instituted a data-sharing and notification system with the federal E.P.A., the New York State Departments of Environmental Conservation, Labor and Health and several city agencies, including the Departments of Buildings, Design and Construction, Transportation, Housing Preservation and Development, Health and Mental Hygiene.

The new protocols, he wrote in the memo, also include an Internet-based filing system for asbestos, which will automatically reject reports by any asbestos investigator whose certification has been suspended or revoked.

The agency, Mr. Holloway said in the memo, will nearly double the number of office audits it conducts each year, to 75, up from 40; the agency will check the records and activities of nearly 15 percent of the 543 asbestos investigators it certifies.

Also, the agency hired two additional inspection monitors in February, Mr. Sklerov said, bringing to 15 the number of staff members who, among other responsibilities, monitor asbestos investigators. In addition to the office audits, the monitors will conduct 500 spot-check field inspections each year to verify the accuracy of the information asbestos investigators provided about the planned scope of work and to check for any evidence of asbestos, the memo said.

Despite the changes detailed in the memo, however, experts and law enforcement officials said that many questions remained about the case of Mr. Todaro, including how he was able to get away with what he did for so long, and how the agency’s oversight practices had developed over the years.

Not the least of the questions center on the potential lingering effects of both Mr. Todaro’s crimes and of the city’s lapses in oversight.

Indeed, because Mr. Todaro falsified so many tests, it is impossible in most instances to determine if proper assessments would have revealed levels of asbestos that were potentially dangerous — not only to workers, but also to neighbors and passers-by — because the buildings have been torn down and replaced with new ones, or gutted and renovated.

View the original article here

Specter pressured to lower amount of proposed asbestos fund

Specter pressured to lower amount of proposed asbestos fund - Asbestos & Mesothelioma News

Asbestos Today is an online magazine that aggregates the latest asbestos and mesothelioma news, since 2003.
Site Navigation
Asbestos News
Contact a Mesothelioma AttorneySpecial Report
Understanding Asbestos & MesotheliomaAsbestos facts:Asbestos exposure and risk:How can families reduce the risk of exposure to asbestos?How can asbestos affect my health?What is mesothelioma?How is mesothelioma treated?Asbestos medical testingAsbestos Related DiseasesNews Archives
September 2006
October 2005
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information [at] asbestostoday dot comSpecter pressured to lower amount of proposed asbestos fund

U.S. Senate Judiciary Committee Chairman Arlen Specter is reportedly under pressure to scale back his proposal for a $140 Billion privately financed asbestos fund.

The White House has not explicitly endorsed Specter's proposal, and some Republicans and business interests fear its current provisions would be too costly for the defendant companies and insurers who would finance the fund.

News Source: Reuters  |  Published: February 28, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

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Billings Workers Have Minimal Exposure to Asbestos says Dr.

Billings Workers Have Minimal Exposure to Asbestos says Dr. - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comBillings Workers Have Minimal Exposure to Asbestos says Dr.

Dr. Kate Flanigan, from the Denver office of Federal Occupational Health spoke to the Billings Gazettle about the high levels of asbestos at the Billings federal courthouse in late January 2005, early February 2005.

The highest asbestos readings last week were three times the level that triggers alarms in standards set by the U.S. Occupational Safety and Health Administration, she said. But OSHA doesn't start seeking medical surveillance in a building until levels exceed the standard for eight-hour periods on 30 days during a year. High readings in Billings were found on only one or two days, she said. And employees entering and leaving the lobby were not exposed for eight hours, she said.

News Source: Billings Gazette  |  Published: February 21, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

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Mississippi Justice Overturns Judge's Order in Asbestos Injury Lawsuit

Mississippi Justice Overturns Judge's Order in Asbestos Injury Lawsuit - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comMississippi Justice Overturns Judge's Order in Asbestos Injury Lawsuit

AP reports that Mississippi Supreme Court Justice, George C. Carlson Jr, has ordered plaintiffs in an asbestos injury lawsuit to justify why their cases should be heard in Jones County, Mississippi. This overturns an order by Circuit Judge Billy Joe Landrum where by 115 plaintiffs would be grouped together.

Carlson said the plaintiffs must provide the defendants with information on who each plaintiff sued and why. That information should also include when the plaintiff was exposed and the work site where the exposure occurred.

News Source: Associated Press  |  Published: February 21, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

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New York Increases Monitoring of Asbestos Inspectors

Three months after a safety inspector admitted to falsifying hundreds of reports concluding that buildings were free of cancer-causing asbestos, the city agency that licensed him — and still licenses nearly 550 others — says it has taken steps to ensure better oversight.

The agency, the Department of Environmental Protection, which certifies the private inspectors who test buildings and construction sites, says the measures include sharing information with federal, state and city agencies, computerizing its filing system and substantially increasing audits and spot checks of inspectors in the field.

The changes, the result of a two-month internal review, were outlined in a June 28 memorandum to Mayor Michael R. Bloomberg from the environmental agency’s commissioner, Cas Holloway. The agency provided a copy of the five-page memorandum to The New York Times.

The review, an agency official said, was prompted by an article in The Times in late April about the inspector, Saverio F. Todaro, 68, who had admitted in federal court a month earlier that he falsified the reports. Mr. Todaro pleaded guilty to federal environmental crimes, fraud and making false statements; he faces as long as five years in prison when he appears next month before a judge for sentencing.

Mr. Todaro, who operated an environmental inspection and testing company, acknowledged that he had submitted clean asbestos and lead test results for at least a decade without performing any tests.

The scope and audacity of his crimes and the apparent ease with which he got away with them suggested that the agency’s oversight was weak and raised questions about the integrity of the work of other inspectors.

A spokesman for the environmental agency, Farrell Sklerov, however, said that the two-month review, and a substantial increase in office audits and field visits since it began, found no indications that such conduct was widespread.

But the investigation that led to the charges against Mr. Todaro, by the federal Environmental Protection Agency’s Criminal Investigation Division, the city Department of Investigation and federal prosecutors in Manhattan, is not over, and the authorities have suggested that more charges may be brought, though it is unclear whether they would focus on more inspectors.

The city environmental agency regulates private asbestos inspectors, who play an important role in what has long been viewed as one of the more corrupt sectors of the construction industry. The agency sets the procedures and establishes requirements for training and certification.

The inspectors, formally known as certified asbestos investigators, are hired by building owners and developers to assess apartments and buildings set to undergo renovation or demolition, because inhaling asbestos can cause lung disease and cancer. The assessments can have a major impact on the cost and duration of a project, since cleanup or abatement can be expensive and time consuming.

A surprising aspect of Mr. Todaro’s case was that his certification was suspended in 2004 by the environmental agency, which cited poor building surveys and improper record keeping.

But because of a lack of communication between city agencies, he was able to keep performing asbestos assessments and avoid scrutiny. He continued to file assessments with the city’s Buildings Department, enabling developers to obtain permits to demolish or renovate, because the Department of Environmental Protection had not notified the Buildings Department of his suspension.

“The fact that Mr. Todaro continued to conduct asbestos-related investigations following the suspension of his license raised concerns about whether there are sufficient safeguards in place to ensure that only properly licensed C.A.I.’s conduct asbestos investigations in New York City,” Mr. Holloway wrote in the memo.

The environmental agency also failed to notify the State Department of Labor, which licenses asbestos abatement companies, and the federal Environmental Protection Agency.

Mr. Holloway said that partly because of this lapse, his agency had instituted a data-sharing and notification system with the federal E.P.A., the New York State Departments of Environmental Conservation, Labor and Health and several city agencies, including the Departments of Buildings, Design and Construction, Transportation, Housing Preservation and Development, Health and Mental Hygiene.

The new protocols, he wrote in the memo, also include an Internet-based filing system for asbestos, which will automatically reject reports by any asbestos investigator whose certification has been suspended or revoked.

The agency, Mr. Holloway said in the memo, will nearly double the number of office audits it conducts each year, to 75, up from 40; the agency will check the records and activities of nearly 15 percent of the 543 asbestos investigators it certifies.

Also, the agency hired two additional inspection monitors in February, Mr. Sklerov said, bringing to 15 the number of staff members who, among other responsibilities, monitor asbestos investigators. In addition to the office audits, the monitors will conduct 500 spot-check field inspections each year to verify the accuracy of the information asbestos investigators provided about the planned scope of work and to check for any evidence of asbestos, the memo said.

Despite the changes detailed in the memo, however, experts and law enforcement officials said that many questions remained about the case of Mr. Todaro, including how he was able to get away with what he did for so long, and how the agency’s oversight practices had developed over the years.

Not the least of the questions center on the potential lingering effects of both Mr. Todaro’s crimes and of the city’s lapses in oversight.

Indeed, because Mr. Todaro falsified so many tests, it is impossible in most instances to determine if proper assessments would have revealed levels of asbestos that were potentially dangerous — not only to workers, but also to neighbors and passers-by — because the buildings have been torn down and replaced with new ones, or gutted and renovated.

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Jeffrey Asbestos Mine in Canada Seeks State Aid to Restart Production

Mr. Coulombe, 69, says he believes that you can recapture the past. At a time when Canada, like many countries, is spending millions of dollars to remove asbestos from buildings, to say nothing of covering asbestos-related disability claims, Mr. Coulombe wants a $58 million loan guarantee from the province of Quebec. He is hoping to attract investors and revitalize the mine that gave rise to the town in 1879 and for more than a century has swallowed chunks of it into its ever-expanding pit.

Adding to the controversy over the plan, Mr. Coulombe’s strategy is to sell to countries like India, Pakistan and Vietnam, where enthusiasm for cheap asbestos often comes with a lax approach to workplace health and safety.

It would seem a quixotic venture. Mr. Coulombe’s proposal has been widely condemned by the medical and public health community both in Canada and abroad. The mineral’s dangers have largely eliminated the market for it in Canada as well as the United States, where the last asbestos mine closed in 2002.

But while many Canadians outside Quebec view the mine’s survival as something of an international embarrassment, history suggests it would be unwise to dismiss Mr. Coulombe. The asbestos industry was once a prominent symbol of Quebec’s might in natural resources, and the mine — now known as Mine Jeffrey — played an outsize role in the province’s political history.

“The whole asbestos debate is purely emotional,” said Paul Lapierre, the vice president for cancer control at the Canadian Cancer Society and an opponent of Mr. Coulombe’s proposal. “As Quebeckers we were once so proud of our mining industry, including asbestos.”

The political strength of asbestos will be tested this month when the province is expected to announce a decision on the loan guarantee.

Jeffrey was once a key operation of Johns Manville, the American building materials company, and at one time provided most of the world’s supply of one type of asbestos. But over time a large body of scientific evidence linked it to lung cancer and mesothelioma, a fast-acting cancer of major organs, and asbestosis, a hardening of the lungs that ultimately suffocates its victims.

In 1982, health-related lawsuits forced Johns Manville into bankruptcy; the Jeffrey mine was sold to its managers a year later.

The fortunes of asbestos have continued to sink. After peaking at 4.79 million metric tons in 1977, worldwide production reached only 1.97 million metric tons last year. Some countries, including the members of the European Union, now ban the mineral’s general use. Synthetic fibers have assumed most of the tasks it once handled, if at a higher cost. Asbestos’s remaining markets are mainly less developed nations as well as China and the countries of the former Soviet Union and China, some of which have mines. Its one remaining attraction is its low cost.

Once it reaches developing countries, asbestos from the Jeffrey mine is usually mixed with cement and formed into inexpensive pipes and roof sheeting.

The town of Asbestos, once prosperous, has tracked the mineral’s decline. The former town hall sits abandoned. When repairs to the building proved unaffordable, the local government moved into a church it purchased for $1. The mine pit, which is about a mile wide and 1.2 miles long, and its two huge mills are currently inactive.

As he rapped on a wall in his shabby office, Mr. Coulombe, an engineer who joined the mine 42 years ago, lamented that its asbestos-based wallboard was no longer available.

Mr. Coulombe readily acknowledges the mineral’s dangers and the harm it has done. But he asserted that the trouble mainly resulted from other forms of asbestos and not the variety, known as chrysotile, produced at Jeffrey as well as operations in nearby Thetford Mines. “The people against us in the medical community, they know nothing about chrysotile,” Mr. Coulombe said. “We show our opponents all sorts of studies done over the last 25 years all around the world that demonstrate that there is no problem working with chrysotile. But they don’t take that into account. They say ‘It’s a carcinogen, it’s a carcinogen, it’s a carcinogen.’ ”

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James Hardie Industries Faces US Asbestos Lawsuits

James Hardie Industries Faces US Asbestos Lawsuits - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comJames Hardie Industries Faces US Asbestos Lawsuits

The Australian reports the James Hardie Industries faces lawsuits in the United States, specifically California, by former employees who handled Asbestos. The bigger story is that James Hardie Industries may have asbestos liability in the United States.

The workers were employed by Californian distributor Industrial Building Materials Inc, which they claim imported and installed Hardie asbestos products. Mr Kazan's firm has won a number of similar cases in the past.

News Source: The Australian  |  Published: February 21, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

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Georgia Supreme Court Rules on Asbestos Liability Lawsuits

Georgia Supreme Court Rules on Asbestos Liability Lawsuits - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comGeorgia Supreme Court Rules on Asbestos Liability Lawsuits

Georgia Supreme Court ruled that family members of employees who are exposed to asbestos in the workplace cannot sue the employer as a result of coming into contact with the employees clothes away from the workplace.

The court concluded that "the holding in Widera is consistent with negligence law in Georgia" and that "an employer does not owe a duty of care to a third-party non-employee who comes into contact with its employee's asbestos-tainted work clothing at locations away from the workplace."

News Source: hr.blr.com  |  Published: February 28, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

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Madison Square Garden Reopens After Asbestos Scare

Players and coaches had long since left the building. They were still digesting the previous warning — an asbestos scare at Madison Square Garden that forced the postponement of a home game Tuesday night.

Like the fire alarm, the asbestos warning appears to have been unwarranted, and the Knicks will soon resume their normal schedule.

Garden officials announced Wednesday evening that the arena had been deemed safe and that all events would go on as scheduled. The Knicks will play the Washington Wizards there Friday night.

In a statement, the Garden said it had received “assurance from the city and environmental experts regarding the safety of the arena.”

The statement said nothing about asbestos, the word that initially set off concerns after some debris fell from the Garden attic during overnight maintenance Monday. Tests conducted by the city’s Department of Environmental Protection and by independent contractors concluded that no asbestos had been released into the arena.

Garden officials, exercising what they called “an abundance of caution,” postponed Tuesday night’s game between the Knicks and the Orlando Magic. The teams are working with the N.B.A. to schedule a makeup date.

The decision to reopen the arena was made by Garden officials alone. The city’s oversight effectively ended once testing concluded that there was no asbestos in the arena.

“It’s essentially in their hands,” Farrell Sklerov, a spokesman for the D.E.P., said earlier in the afternoon. He added, “There’s no health risk.”

Had the Garden remained closed, the Knicks would have been forced to postpone more home games or play them at another site, probably in New Jersey. Garden officials made initial inquiries with the Prudential Center in Newark, but never made firm plans to play there.

On Wednesday, the Knicks seemed more concerned with cleaning up their offense and their record (1-2) than their aging arena. They lost close games to Boston and Portland last week, outcomes that left them with equal doses of frustration and hope. The tough schedule continues Thursday night in Chicago against the talent-rich Bulls.

So Tuesday’s postponement, however inconvenient, was not all bad. It gave three key players — Anthony Randolph (sprained ankle), Ronny Turiaf (sore back) and Danilo Gallinari (sore wrist) — extra time to heal.

It also allowed the Knicks to avoid, for now, a difficult matchup with Orlando’s Dwight Howard, perhaps the league’s most fearsome big man. The running joke was that the Knicks finally found a way to shut down Howard.

“One of my better coaching performances,” Coach Mike D’Antoni said, chuckling. He added: “It was either Dwight Howard or breathing bad material. It’s a tossup.”

D’Antoni said that his young team might be more ready for the challenge by the time the Knicks see the Magic.

Several players came to the training center to work out or shoot on their own. But the unexpected postponement left them with a free night and an empty feeling.

“It was tough,” Amar’e Stoudemire said. “I mean, we definitely was ready to play, was prepared for Orlando, was geared up, ready to go.”

The players were either headed to the Garden or getting ready to leave their homes when they received word that the game had been postponed. Some players said they just relaxed and watched television. Some watched other N.B.A. games. D’Antoni said he watched game film of the Bulls.

“I wanted to play,” said Gallinari, who is eager to break out of a shooting slump. “I wanted to play the game. That was not good news.”

Gallinari was already on his way to Manhattan when he heard about the incident and decided to keep going. He walked around Central Park, visited the Apple Store on Fifth Avenue (to check out the iPad), then headed to SoHo for dinner at an Italian restaurant.

It was a nice way to spend an evening, just not what he had in mind. Like his teammates, Gallinari had never lost a game to 40-year-old fire retardant.

“Only in New York can that happen,” he said.

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The Cruel Saga of Asbestos Disease

The Cruel Saga of Asbestos Disease - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comThe Cruel Saga of Asbestos Disease

Paul Brodeur, a staff writer at the New Yorker, wrote a commentary piece for the LA Times providing us with an insightful look at what he calls The Cruel Saga of Asbestos Disease

In pioneering studies conducted in the 1960s, Selikoff demonstrated the horrific extent of asbestos lung disease in heavily exposed asbestos insulators. He then showed that asbestos disease was also striking less- exposed workers who toiled alongside the insulators in shipyards and on building construction sites. Other scientists found that the wives and children of asbestos workers were dying through exposure to the relatively small amounts of asbestos dust their husbands and fathers were bringing home on their work clothes.

Paul Brodeur has also written four books on asbestos disease:

The asbestos industry on trialOUTRAGEOUS MISCONDUCTAsbestos and enzymesThe asbestos hazardNews Source: LA Times  |  Published: February 21, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:

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W.R. Grace & Co. and New Jersey Dispute Asbestos Lawsuit Venue

W.R. Grace & Co. and New Jersey Dispute Asbestos Lawsuit Venue - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comW.R. Grace & Co. and New Jersey Dispute Asbestos Lawsuit Venue

TRENTON - W.R. Grace & Co. and the New Jersey attorney general are wrangling over what court will have jurisdiction over the state's civil suit against the Maryland-based construction products and chemical manufacturer.
The lawsuit, filed in state Superior Court this past summer, accuses the company of submitting false or misleading information to state regulators about the asbestos-tainted vermiculite it processed over the course of three decades at a fireproofing and insulation plant in Hamilton.

News Source: nj.com  |  Published: October 3, 2005  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:
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Owens Corning Sets Up Asbestos Fund for Victims

Owens Corning Sets Up Asbestos Fund for Victims - Asbestos & Mesothelioma News

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information [at] asbestostoday dot comOwens Corning Sets Up Asbestos Fund for Victims
To recover, claimants must be seriously ill from exposure to asbestos at a job site where Owens Corning's products were used. The spouses of people killed by exposure can also recover.
News Source: seattlepi.com  |  Published: September 25, 2006  |  Read Full Story Contact an Asbestos and Mesothelioma Attorney, Lawyer, Law Firm Please fill out the form below to contact an attorney. Provide as much information as possible to speed the processing of your inquiry (Only United States residents are eligible). Contact Information   *Are required items. *First Name: *Last Name: Email Address: *Daytime Phone: Evening Phone: *Zip Code: Case Information Have you, or the person you are contacting us on behalf of, been diagnosed with mesothelioma: Yes:   No: Date of diagnosis:
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