Friday, December 28, 2007

Victims of asbestos fight payout 'apartheid'

People suffering from pleural plaques through exposure to asbestos will soon be facing a postcode lottery to determine whether they qualify for compensation.

Pleural plaques are a scarring on the lining of the lungs, an asymptomatic sign of exposure to asbestos that does not of itself lead to more serious asbestos-related conditions. While about 1,800 people die of asbestos-related diseases each year in Britain, a number that is rising, some commentators have labelled plaques sufferers as 'the worried well' and the House of Lords recently ruled that the condition was not worthy of compensation.

'When people say those things, it's because they haven't had to live with it,' says Valerie Pask, a 55-year-old mother of seven from Nottingham who was diagnosed with plaques last year. Asbestos has left its mark on three generations of her family. 'I'll never forget my eldest brother in the final weeks before he died,' she recalls. 'He was unable to say more than a few words because his lungs were so congested.'

Valerie's brother died from mesothelioma, the cancer contracted from breathing in asbestos dust. Her father worked all his life as a lagger, fitting insulation at power stations. He died of heart disease in 1980, at the age of 65, with his death certificate recording that the condition was 'related to asbestosis'. 'My eldest brother, Brian, died at the age of 50 in 1987 and my next eldest brother, Michael, died in 1991,' she says. Three sons worked with their father. Two of them had their lives cut short by mesothelioma and the surviving brother was recently diagnosed with asbestosis. Her brother-in-law and sister-in-law, who worked with them, have both died of asbestos-related conditions, as did an uncle who worked in London.

But the tragedy doesn't end there. Valerie and her three sisters would clean their father's dust-covered overalls when he came back from the power stations, where he eventually became a site manager. 'He'd take his work clothes off in the conservatory and we'd beat them and get as much dust off as we could; otherwise our washing machine would get clogged up,' she recalls. Two of the four women have been diagnosed with plaques, as has one of their daughters.

In October, the Law Lords refused to overrule an appeal court ruling in January 2006 preventing plaques sufferers from claiming damages (in Rothwell v Chemical & Insulating Co). 'Proof of damage is an essential element in a claim in negligence and in my opinion the symptomless plaques are not compensatable,' ruled Lord Hoffmann.

That ruling will affect 'thousands who have faced emotional anguish since their diagnosis', says Adrian Budgen, head of the asbestos unit at law firm Irwin Mitchell. 'Plaques are a consequence of negligent exposure to asbestos. This exposure physically scars victims and is often a precursor to very serious and sometimes fatal disease.' Budgen, who is advising Valerie, adds: 'With a family history like theirs, you're going to be worried. She is a relatively young woman who has to live with this for the rest of her life.'

The Scottish government announced this month that it intended to reverse the Law Lords' ruling by introducing new legislation. 'The effects of asbestos are a terrible legacy of Scotland's industrial past and we should not turn our backs on those who contributed to our nation's wealth,' said Holyrood's Justice Secretary, Kenny MacAskill. 'Pleural plaques in anyone exposed to asbestos mean they have a greatly increased lifetime risk of developing mesothelioma. This will mean that people diagnosed with this condition will have to live with the worry of possible future ill-health for the rest of their lives.'

The Association of British Insurers calls the Scottish approach 'misguided'. Insurers are 'fully committed' to compensating claimants with mesothelioma and other asbestos-related diseases, says the ABI's Stephen Haddrill, but 'introducing legislation to overturn a unanimous Law Lords' ruling could significantly increase costs for Scottish businesses'.

None the less, insurers had been paying out for plaques for 20 years prior to the Rothwell case and payouts have been modest. Since the January 2006 ruling, 'full and final' damages, which settle the case once and for all, have been cut from £12,500-£20,000 to £5,000-£7,000.

There is a recent precedent for ministers in England and Wales stepping in to protect families from the courts when they overruled the House of Lords judgment by the Law Lords in the case of Sylvia Barker in 2006. In that case (The Observer, 5 March 2006), insurers argued that if there was more than one employer, compensation for mesothelioma should be split between them. As some have now gone out of business, this would have meant families missing out on part or all of their compensation. Ministers therefore amended the Compensation Act to protect families.

Campaigners are pessimistic about Westminster following the Scottish lead on plaques cases, even though the construction union Ucatt last week won a government commitment to review the Rothwell decision. 'It's going to look unjust if you have sufferers in Scotland receiving compensation and those south of the border aren't,' says Tony Whitson, chair of the Asbestos Victims Support Groups Forum UK.

Campaigners point to a growing difference between England and Wales on the one hand and Scotland on the other, where the life-extending drug Alimta is more readily available for mesothelioma sufferers and where bereavement payments of up to £30,000 have been made by the courts (such compensation is fixed at £10,000 in England). Now it seems likely plaques sufferers will only get compensation in Scotland.

Valerie says: 'What makes me angry is that if you have a minor scar on your body you can get compensation. Thousands of people receive compensation for stress, but we get nothing. The scarring is inside me.'

She says she suffers nightmares and has been out socialising only four times since she was diagnosed 18 months ago. 'Employers knew the harm asbestos was doing and carried on using it because it was cheap,' she says. 'Thousands of people are affected now and will be over the next 20 years and it all could have been prevented. It's so wrong.'

Source

Thursday, December 27, 2007

LegalView Blog Informs Readers of New Mesothelioma Cancer Treatment Center Being Built to Aid Mesothelioma Cancer Victims

LegalView.com offers readers several mesothelioma resources including its continually updated mesothelioma blog. A recent blog post regarding mesothelioma offered readers an inside into a new mesothelioma treatment center that is to be built in Australia.

Denver, CO (PRWEB) December 23, 2007 -- LegalView, the number one source for everything legal on the Internet, recently updated its mesothelioma legal blog to inform readers and sufferers of mesothelioma about a new mesothelioma treatment center that will be built. The new center is scheduled to be open in a year, but, according to news reports, the treatment center's first goal is to ensure that every mesothelioma cancer victim will be able to access treatments available at the center.

Mesothelioma is a deadly and rare form of cancer that is inevitably incurable at the moment. While research continues to lengthen a victim's life as well as to ease the pain the cancer causes, there is still no way to 100 percent treat the cancer. Mesothelioma is usually caused by exposure to asbestos fibers that are breathed into the lung and essentially crystallize causing the development of cancer cells on the lining of the lung. It is typical that mesothelioma occurs anywhere from 10 to 40 years after initial exposure to asbestos. Many are currently being diagnosed with the cancer because of years of negligence by companies who knowingly endangered employees by exposing them to the deadly dust. If you or anyone you know has developed mesothelioma cancer, it may be in your best interest to contact a mesotehlioma law firm for more information.

The new mesothelioma treatment center is being built in honor of a local Sydney man who recently passed away. Bernie Benton was exposed to asbestos and began helping others dealing with the same plight. The mesothelioma treatment center will be one of the world's first asbestos research centers that focuses only on mesothelioma. Those suffering from mesothelioma cancer can find more information on this and other mesothelioma treatments at the mesothelioma information portal.

In addition to information regarding mesothelioma, LegalView.com also offers resources on several additional legal issues that are tragically affecting individuals throughout the country everyday. Readers will be able to find a traumatic brain injury law firm who specializes in helping brain injury victims with consultations and attorney referral services. Individuals who have suffered from a construction accident injury or an auto accident can find information on finding a construction accident attorney or auto accident lawyer through LegalView as well.


SOURCE

Monday, November 12, 2007

Anxiety over Amaca asbestos case

Elizabeth Gosch and Ean Higgins

October 24, 2007 05:58am

LAWYERS for asbestos victims fear the new board of the James Hardie subsidiary Amaca is using a WA case to attempt to limit the number of successful lawsuits.

Denis Walter John Moss and his wife, Patricia Margaret Hannell, won a case against Amaca Pty Ltd, the James Hardie asbestos-producing subsidiary, in December last year and were awarded $5million.

Mr Moss, who died in June, was exposed to asbestos in the mid-1980s and 1990 as a result of occasional work on asbestos cement products in and around his home. He was diagnosed with mesothelioma in November 2005.

Amaca appealed against the West Australian Supreme Court decision earlier this year to award damages. The Court of Appeal overturned the trial judge's decision, stating Amaca did not breach its duty of care by failing to advertise the dangers of asbestos in the mass media.

Today in Perth, Mrs Hannell is seeking special leave to appeal against that decision in the High Court.

For decades, the key tenet of asbestos disease litigation, particularly in New South Wales, has been the finding by the courts that James Hardie had actual knowledge of the dangers of asbestos as early as 1938 but did not do enough toprotect workers and warn customers.

Slater and Gordon asbestos litigation specialist Tanya Segelov said it was possible the new Amaca board - appointed by James Hardie and the NSW Government - was testing the water in Western Australia, and if successful, might take a harder line in other jurisdictions.

If Amaca won such cases, it could reduce the ability of thousands of future victims to obtain compensation.

SOURCE

Union Efforts Called Racketeering

A lawsuit filed by Smithfield Foods charges the UFCW with extortion and a smear campaign in the union's efforts to convince the meat processor to agree to voluntarily accept the union without an employee vote. The union says the company has a long history of worker intimidation.

By Joseph A. Slobodzian

It's been used against mobsters, corrupt labor unions and anti-abortion protesters.

Now Smithfield Foods Inc., the Virginia-based meat-processing giant, has joined companies turning to federal racketeering law to try to block a campaign geared to unionization of its employees.

Smithfield Foods' lawyers filed the civil racketeering lawsuit Oct. 17 in federal court in Richmond, Va., the latest development in Smithfield's 14-year fight to prevent the United Food and Commercial Workers from unionizing 4,650 hourly workers at its largest pork-processing plant in Tar Heel, N.C.

The lawsuit contends that the union has resorted to "smear tactics," including trying to undermine the company's stock price by leaking false statements to Wall Street stock analysts.

The lawsuit seeks damages of at least $5.9 million for business losses Smithfield Foods says can be traced to the union campaign, as well as an injunction barring the unions from continuing their activities.

The lawsuit -- Smithfield Food Inc. vs. United Food and Commercial Workers International Union -- has been assigned to U.S. District Judge Robert E. Payne.

UFCW officials issued a statement maintaining that Smithfield has a long history of worker intimidation and calling the lawsuit an attempt by Smithfield to avoid a union vote.

UFCW officials noted that the suit was filed two days after negotiators for the company walked out of talks that were close to setting a mutually agreed-upon process for holding a unionization election at the Tar Heel processing plant.

"It is truly shameful that Smithfield is willing to spend millions of dollars on high-priced lawyers and frivolous lawsuits rather than committing the resources needed to provide basic safety and health improvements for Tar Heel workers," the union statement read.

According to the lawsuit, union members have demonstrated at food stores carrying Smithfield Foods products and at public appearances of celebrity chef Paula Deen to urge her to break her contract with Smithfield. Deen's Food Network cable television program, Paula's Home Cooking, features Smithfield products.

The lawsuit contends that in September 2005, the UFCW's Local 400 "decided to abandon all efforts to convince Smithfield employees of the benefits of union membership in favor of a new plan aimed not at the employees, but at Smithfield itself."

The lawsuit says UFCW decided to "extort" Smithfield's recognition of Local 400 "regardless of the degree of actual employee support for such representation, by injuring Smithfield economically until Smithfield either agreed to [union] demands or was run out of business."

In addition to the UFCW international union, in Washington, and Local 400, the Smithfield lawsuit names three groups and seven individuals it describes as "co-conspirators" with the union.

While the use of the federal racketeering statute in a union-organizing dispute may seem unusual, other companies have turned to the racketeering law, says Lynn C. Outwater, a labor relations lawyer and managing partner of the Pittsburgh office of the law firm Jackson Lewis.

Outwater cited the March ruling by U.S. District Judge Brian M. Cogan, of the Eastern District of New York, allowing a civil-racketeering conspiracy case to proceed against the Laborers' International Union.

The lawsuit by the Asbestos & Lead Removal Corp. contended that Laborers Local 78 and business manager Edison Severino carried out a campaign of violence and extortion designed to force the company to agree to a collective-bargaining agreement with Local 78.

The stakes are high in the protracted unionization struggle between Smithfield and the UFCW. With annual sales of $12 billion, Smithfield Foods calls itself the largest producer of hogs and the "leading processor and marketer of fresh pork and processed meats in the United States."

The Tar Heel plant is the largest meat processing plant of its type, according to Smithfield Farms, and slaughters, processes and packages more than 32,000 hogs per day.

The UFCW, on the other hand, represents 1.4 million workers and Landover, Md.-based Local 400 claims 40,000 members.

Local 400 began trying to organize Smithfield's Tar Heel workers in 1994, two years after the sprawling processing plant opened.

SOURCE

Asbestos Exposure only Known Link to Pleural Mesothelioma

Los Angeles, CA: Even though asbestos has been a dirty word for decades, and its use and prevalence has dramatically declined, the toxic substance is still making its presence felt, and is still at the root cause of serious health problems including pleural mesothelioma. In many cases it is claiming lives.

Walter Kot of Illinois is just the latest worker to file a lawsuit against a host of corporations he claims were negligent in their responsibility to inform workers about the presence of asbestos and ways in which, through hygiene and other practises, to mitigate its spread and prevalence.

Kot is upset that on numerous occasions he transported, unknowingly, asbestos fibres home.
Kot toiled as a labourer, sheet-metal worker, shipper, forester and firefighter at the behest of a number of companies from 1940 through 1980. This past July he was diagnosed with mesothelioma, and is litigating a total of 49 corporations for damages and compensation, which will ultimately help cover his medical bills.

In his lawsuit, filed last week in Madison County, Kot claims that the defendants should have known about the hazards of asbestos, and should have been more diligent in protecting its employees from needless exposure.

The suit also alleges that the various defendants could have used asbestos substitutes in their products, but did not.

It has also been alleged that some, or all of the defendants - which were not named publicly - may have destroyed documents and certain evidence, which would have proven Kot's claims.

As a result Kot is seeking at least $550,000 in compensatory damages for pain and suffering, and lost wages. He is also seeking punitive damages representing an undisclosed sum.

Meanwhile, a navy sailor last week was awarded $35.1 million in compensatory damages for exposure to asbestos while serving more than fifty years ago.

John R. 'Jack' Davis was diagnosed, like Kot, with pleural mesothelioma - a disease linked to asbestos exposure. In his suit, Davis claimed that he was exposed to asbestos-covered pipes and vales during his tour of duty in the U.S. Navy, as well as his private-sector career.

The Navy, along with a number of un-named defendants, will have to pool in order to pay the lion's share of the award, 85.8 per cent. The remaining 14.2 per cent of the award is the responsibility of Leslie Controls of Florida, and Warren Pumps of Massachusetts, which will each pay 7.1 per cent. The latter two companies were identified as having supplied asbestos-based material to the Navy.

The verdict, delivered by a jury in Los Angeles Superior Court after a five-week trial, came after deliberations of less than a day, and breaks down to $100,000 for economic damages, $25 million for Mr. Davis' pain and suffering, and a further $10 million for his wife.

Pleural mesothelioma is a deadly cancer that is linked exclusively to the inhalation of asbestos particles in the air. Various countries have implemented an outright ban of asbestos use, something the United States tried but failed, after the ban was overturned in the courts. As a result, there are still products which contain asbestos, such as brake linings.

The incubation period is a long one: the lag time between asbestos exposure and the onset of pleural mesothelioma can be anywhere from 20 to 50 years.

Little wonder that Mr. Kot and Mr. Davis, identified above, litigated so long after exposure. Both men were diagnosed in 2007, decades after the fact.

It is a reasonable expectation there will be many more to come.

SOURCE