Asbestos Settlement Archives

Asbestos Trust Funds Scrutinized by Republicans in Congress

February 2, 2012 by admin

Asbestos

Imagine a hammock that more and more people keep piling into without anybody getting out. The weight would quickly become too burdensome to bear and, sagging with a tangle of limbs and torsos, the rope would break. That’s what companies whose livelihoods were once asbestosdependent are like. With billions paid in asbestos settlements each year, the financial strain of numerous personal injury lawsuits from employees exposed to asbestos is too much for any corporation to hold.

What’s best for both the injured employees seeking compensation as well as the companies themselves is for the hammock to hold, or at least have a safety net in place. That’s why more and more of those companies have filed for Chapter 11 bankruptcies to reorganize their assets and debts as well as put aside money for injured asbestos workers into what are known as asbestos bankruptcy trusts. More and more of these have been established as more and more companies have filed Chapter 11’s over the past two decades.

The only problem with asbestos bankruptcy trusts is that the asbestos workers who are ill from asbestos exposure — whether with asbestosis,mesothelioma, or some other type of asbestos-related cancer — don’t receive what they need and deserve, which is the full value of their settlements. The system was created to make asbestos claims easier to file, often requiring no more than a diagnosis and a form to fill out. Yet, the amount of money that actually makes it to the injured worker is typically less than one third the amount of the settlement, according to a study by the RAND Corporation.

Now, there are around 50 different asbestos bankruptcy trusts paying out billions in asbestos claims each year. However, there are still many solvent companies liable for asbestos exposure injuries. Mesothelioma lawsuits are being filed against these solvent companies as regularly as the spinning of a well-oiled wheel. The companies have lawyers scrambling for ways to limit their liability and avoid taking responsibility for the widespread tragedy of asbestos-related cancer and other illness. To that end, defense lawyers want access to detailed records from asbestos bankruptcy trusts, allowing them to see who is paid how much for what specific illness.

Lately, Republicans in congress are looking at the issue, deciding whether to make changes to these asbestos bankruptcy trusts. As reported by the National Law Journal, asbestos lawyers andmesothelioma attorneys argue that the corporate defense lawyers want this reform only to expose the spokes of that well-oiled wheel so that they can throw in sticks.

There is no telling how soon or in what way Republicans in Congress will act on this issue. Meanwhile, if you have mesothelioma or another asbestos-caused illness, you may have a claim against an existing or future asbestos bankruptcy trust. If you were exposed to multiple asbestos products that were manufactured by different bankrupt companies, you may actually qualify for compensation under several trusts.

Filed Under: Asbestos, Asbestos Attorney, Asbestos Attorneys, Asbestos Lawyer, Asbestos Lawyers, Asbestos News, Asbestos Settlement, Asbestos Settlements, Mesothelioma Attorney, Mesothelioma Attorneys, Mesothelioma News, Personal Injury News

Mesothelioma Claims on the Rise, says Insurer

February 1, 2012 by admin

New data from the largest life insurance company in the country suggests that mesothelioma claims have actually increased in the first half of 2011 compared to last year.

This data may come as a disappointment to some hoping for a decline in mesothelioma cases. However, it also could be seen as a sign that asbestos lawsuits from mesothelioma victims are becoming more effective and aggressive so people who have been hurt by asbestos can get the money they deserve.

According to Reuters, MetlLfe Inc. reported this week that it had received 2,306 asbestos-related claims during the first half of 2011. That figure is an 11 percent increase over the 2,076 claims the insurer had received on the same type of claims mid-way through 2010.

MetLife joins American International Group Inc. and Hartford Financial Services as another insurance company that is seeing an uptick in mesothelioma claims. Reuters added that A.M. Best, a ratings agency, has said that there could be up to $75 billion in asbestos claims this year alone.

If you are receiving mesothelioma treatment and previously worked in a profession where you were regularly exposed to high amounts of asbestos, there may be reason to speak with a mesothelioma attorney regarding a possible lawsuit.

Contact us for a free consultation to see if a mesothelioma law firm can help to get you a monetary asbestos settlement from a former employer who may be at fault for your asbestos-related illness.

Filed Under: Asbestos News, Asbestos Settlement, Asbestos Settlements, Mesothelioma Attorney, Mesothelioma Attorneys, Mesothelioma News

Famous Forensic Sculptor Frank Bender Passes Away from Mesothelioma

February 1, 2012 by admin

Yet another notable public figure has passed away from mesothelioma.

Seventy-year-old Frank Bender, a well-known forensic sculptor (or “recomposer of the dead” as he came to be known) passed away from mesothelioma in July after battling the deadly asbestos disease for nearly two years.

Bender became well known throughout the U.S. – and attained local fame in Philadelphia where he was born and raised – following his involvement in the case of John List, a N.J. man who disappeared after killing his family in 1971. A Bender-designed bust of List’s head that reflected what he would look like 18 years after the murders that was used in an 1989 episode of “America’s Most Wanted” that resulted in the murderer’s capture and eventual conviction

“In many ways, Frank’s bust of John List really launched “America’s Most Wanted” into a national force for catching fugitives,” said John Walsh, host of the television show, in 2009, according to the Philadelphia Inquirer. “Whenever I get the tough cases, I call Frank.”

Bender likely suffered the asbestos exposure that led to his mesothelioma diagnosis during his years working in the engine room of a navy ship before he began his career as a forensic sculptor.

Bender joins a group of notable public figures who have passed away from mesothelioma, including NFL Hall of Famer Merlin Olsen, Olympic gold medalist Terrence McCann, musician Warren Zevon, actor Steve McQueen, architect Paul Rudolph, and band manager Malcolm McLaren.

Navy veterans who previously worked in naval bases and have now been diagnosed with mesothelioma may be able to bring a mesothelioma lawsuit against companies who manufactured or sold asbestos products that were used on the ships. Contact amesothelioma lawyer in order to learn more about asbestos law and find out if you or a loved one may be able to receive an asbestos settlement.

Filed Under: Asbestos Exposure, Asbestos Law, Asbestos News, Asbestos Settlement, Asbestos Settlements, Mesothelioma Lawsuit, Mesothelioma Lawsuits, Mesothelioma Lawyer, Mesothelioma Lawyers, Mesothelioma News

Navy Vet Receives $32 Million Mesothelioma Settlement

February 1, 2012 by admin

A Kentucky man who spent nearly 30 years in the U.S. Navy as a fireman and boiler tender and is now suffering from mesothelioma has won a $32 million asbestos settlement for injuries and pain/suffering he has endured.

According to WSAZ-TV, a New York jury awarded Ronald Dummitt $16 million for past pain and suffering, along with an additional $16 million for future pain and suffering he must endure as he battles mesothelioma that was caused by asbestos exposure in the Navy.

During the eight-week trial, it was determined that Dummitt was exposed to asbestos while working in the fire and boiler rooms of U.S. Navy ships between 1960 and 1977. Much of this exposure occurred when he had to repair Crane Co.-manufactured valves that utilized asbestos-containing pads, gaskets and packing. Furthermore, the jury found he was also exposed to asbestos when working with Elliott Turbomachinery Co., Inc.-manufactured deareating feed tanks that also used asbestos pads and manhole gaskets.

“Mr. Dummitt may not have been awarded a Congressional Medal of Honor or a Purple Heart but I, and all that have come to know him, recognize that he is a true American hero… Unfortunately, no man can give Ronald Dummitt’s health back to him. This verdict represents all that a just and civil society can do to redress the harm caused by culpable companies who fail to protect innocent workers whether on the job or in the line of duty,” said Timothy Eves, Dummitt’s attorney.

Ohio School Closed Due to Loose Asbestos Tiles

February 1, 2012 by admin

Continually poor weather in Ohio has lead to the closing of a Reading school after concerns over damage to the building’s asbestos-laden roof and its potential to expose dangerous fibers to students and faculty.

According to local television station FOX 19, Hilltop Elementary School was forced to close its doors last week so workers could get to the building’s roof to reinforce 35 square feet of weakened plaster that is known to contain asbestos. The plaster roofing was weakened during heavy rains that had hit the area during the week.

”Technically they don’t have to follow the EPA regulations,” explained Bradley Miller from the Hamilton County Department of Environmental Services. “But the contractor has agreed to do everything in the US EPA regulations by wetting the material, placing it in bags in a wetted condition and then taking it to an approved landfill for disposal.”

In order to make sure no asbestos fibers fall into the school during the construction, workers were stationed inside to monitor the building and make sure conditions were safe for students to return the following week.

While it seems the proper precautions were taken to ensure that no students will be exposed to asbestos at this school, it is concerning that schools are still allowed to use construction products that are known to contain asbestos.

Mesothelioma and asbestosis are both deadly illnesses that are caused primarily by prolonged exposure to asbestos fibers. If you were exposed to asbestos while working for a company and have since developed one of these illnesses, it may be worth pursuing a mesothelioma lawsuit that could potentially result in a substantial asbestos settlement.

If you think that a mesothelioma attorney could help prove your illness was caused by a specific entity’s negligence, please contact American Law Partners for a free legal consultation.

Filed Under: Asbestos News, Asbestos Settlement, Asbestos Settlements, Asbestosis, Mesothelioma Lawsuit, Mesothelioma Lawsuits, Mesothelioma News

President Obama Backs the Fight Against Asbestos

February 1, 2012 by admin

Finally, someone with significant power and visibility addresses the importance of removing asbestos from schools. Exposing children to carcinogens for years is now, thanks to the president, officially a bad idea. And, removing it can apparently create jobs. It’s a win, win.

The American Jobs Act, which is intended to provoke jobs creation in the U.S., includes a proposal for widespread asbestos abatement in public schools across the nation. Asbestos abatement is the safe and effective removal of asbestos materials from buildings. Proper asbestos abatement is conducted by specially trained workers who safely contain the carcinogenic asbestos fibers during the removal process, preventing them from contaminating the air.

The jobs bill has yet to pass the senate, but should it succeed, it will fund asbestos abatement for approximately 35,000 public school buildings. A couple of weeks ago, the National Education Association reported that vice president, Joe Biden had been on the phone with more than 2000 educators imploring them to actively support the bill by calling their local representatives in the senate. Biden told the educators that the $447 billion jobs bill will help save jobs in education as well as modernize buildings across the country.

The bill has money allocated that will prevent the layoffs of up to 280,000 teachers and rehire tens of thousands more, upgrade community college buildings, and renovate about 35,000 school buildings, part of which includes asbestos abatement. In a public address in September, President Obama spoke to educators, police officers, firefighters, veterans and small business owners to talk about his jobs bill.

“All across America, teachers are being laid off in droves, which is unfair to our kids. It undermines our future and it is exactly what we shouldn’t be doing if we want our kids to be college-ready and then prepared for the jobs of the 21st century,” Obama said.

The bill will give $25 billion to school building renovation, including asbestos abatement. It will give $30 billion to stop the layoffs of up to 280,000 educators. The building renovation funds can be used for additional projects, other than asbestos abatement including energy efficiency upgrades and technological modernization in schools, such as new computer labs and equipment.

American Law Partners is the leading asbestos and mesothelioma law firm with more than 30 years of experience getting asbestos settlements for mesothelioma patients and their families. If you or someone you know have been exposed to asbestos, whether in school or at a place of work, call an asbestos attorney at American Law Partners today.

Filed Under: Asbestos Attorney, Asbestos Attorneys, Asbestos News, Asbestos Settlement, Asbestos Settlements, Mesothelioma News

Missouri Asbestos Settlement Sets State Record

February 1, 2012 by admin

The family of a deceased Jackson County Courthouse employee recently settled the woman’s Missouri asbestos lawsuit for $10 million, the largest asbestos settlement in the state’s history.

Nancy Lopez filed the asbestos lawsuit against the U.S. Engineering Co. for failing to take proper precautions to protect courthouse worker while handling asbestos, writes the Associated Press. For 27 years, Lopez had worked at the courthouse in Kansas City. Her complaint claimed she developed mesothelioma cancer from her asbestos exposure at the courthouse.

Lopez died from the disease in October 2010. The asbestos lawsuit settlement was awarded to her family late last month.

If you or a loved one were exposed to asbestos and later diagnosed with mesothelioma, call an asbestos attorney at American Law Partners today for a free consultation.

Filed Under: Asbestos Attorney, Asbestos Attorneys, Asbestos Exposure, Asbestos News, Asbestos Settlement, Asbestos Settlements

Navy Vet Wins $32 Million Asbestos Settlement In New York

February 1, 2012 by admin

A Kentucky man who served in the Navy for nearly 30 years as a fireman and boiler tender and now has mesothelioma was recently awarded a $32 million asbestos settlement for injuries and pain/suffering by a New York jury, according to WSAZ-TV report.

Ronald Dummitt was awarded the settlement on August 17. The verdicts stated that he would receive $16 million for past pain and suffering, and $16 million for future pain and suffering he will endure as he battles mesothelioma.

“Mr. Dummitt may not have been awarded a Congressional Medal of Honor or a Purple Heart but I, and all that have come to know him, recognize that he is a true American hero…. Unfortunately, no man can give Ronald Dummitt’s health back to him. This verdict represents all that a just and civil society can do to redress the harm caused by culpable companies who fail to protect innocent workers whether on the job or in the line of duty,” said Timothy Eves, Dummitt’s attorney.

It was determined during the trial that Dummitt was exposedto asbestos while working in the fire and boiler rooms of U.S. Navyships between 1960 and 1977. Much of this exposure occurred when he had to repair Crane Co.-manufactured valves that utilizedasbestos-containing pads, gaskets and packing.

The jury also found that Dummitt was exposed to asbestos when working with deareating feed tanks manufactured by Elliott Turbomachinery Co., Inc., which also used asbestos pads and manhole gaskets.

For those who have served in the U.S. military and now suffer frommesothelioma cancer, asbestos law dictates that some may be entitled to financial compensation from companies that manufactured or sold asbestos products and may be at fault for the illness. Contact a mesothelioma attorney if you have any questions about pursuing a mesothelioma lawsuit.

Filed Under: Asbestos Law, Asbestos News, Asbestos Settlement, Asbestos Settlements, Mesothelioma Attorney, Mesothelioma Attorneys, Mesothelioma Lawsuit, Mesothelioma Lawsuits, Mesothelioma News

Asbestos Trust Funds Scrutinized by Republicans in Congress

February 1, 2012 by admin

Imagine a hammock that more and more people keep piling into without anybody getting out. The weight would quickly become too burdensome to bear and, sagging with a tangle of limbs and torsos, the rope would break. That’s what companies whose livelihoods were once asbestos dependent are like. With billions paid in asbestos settlements each year, the financial strain of numerous personal injury lawsuits from employees exposed to asbestos is too much for any corporation to hold.

What’s best for both the injured employees seeking compensationas well as the companies themselves is for the hammock to hold, or at least have a safety net in place. That’s why more and more of those companies have filed for Chapter 11 bankruptcies to reorganize their assets and debts as well as put aside money for injured asbestos workers into what are known as asbestos bankruptcy trusts. More and more of these have been established as more and more companies have filed Chapter 11’s over the past two decades.

The only problem with asbestos bankruptcy trusts is that the asbestos workers who are ill from asbestos exposure — whether with asbestosis, mesothelioma, or some other type of asbestos-related cancer — don’t receive what they need and deserve, which is the full value of their settlements. The system was created to makeasbestos claims easier to file, often requiring no more than adiagnosis and a form to fill out. Yet, the amount of money that actually makes it to the injured worker is typically less than one third the amount of the settlement, according to a study by the RAND Corporation.

Now, there are around 50 different asbestos bankruptcy trusts paying out billions in asbestos claims each year. However, there are still many solvent companies liable for asbestos exposure injuries.Mesothelioma lawsuits are being filed against these solvent companies as regularly as the spinning of a well-oiled wheel. The companies have lawyers scrambling for ways to limit their liability and avoid taking responsibility for the widespread tragedy of asbestos-related cancer and other illness. To that end, defense lawyers want access to detailed records from asbestos bankruptcy trusts, allowing them to see who is paid how much for what specific illness.

Lately, Republicans in Congress are looking at the issue, deciding whether to make changes to these asbestos bankruptcy trusts. As reported by the National Law Journal (subscription required),asbestos lawyers and mesothelioma attorneys argue that the corporate defense lawyers want this reform only to expose the spokes of that well-oiled wheel so that they can throw in sticks.

Filed Under: Asbestos Law, Asbestos News, Asbestos Settlement, Asbestos Settlements, Asbestosis, Mesothelioma Attorney, Mesothelioma Attorneys, Mesothelioma Lawsuit, Mesothelioma Lawsuits, Mesothelioma News

Mesothelioma Case in Tennessee Improperly Awarded No Settlement due to Incorrect Use of Doctrine

June 13, 2011 by Elizabeth

A Tennessee Supreme Court Ruling has found that a trial judgment was incorrect when it awarded no money to man who passed away form mesothelioma due to asbestos exposure that was caused by a former employer.

Hugh Todd Nye passed away in 2006 from mesothelioma that doctors – and the Tennessee jury of the asbestos lawsuit that followed – felt was likely caused by his years of work at a DuPont facility that used a number of products that contain.

However, during the trial the use of an intermediary doctrine designed to protect companies from being held liable for products they are not responsible for was also utilized. As a result, the court found that North Brothers – the company that sold the asbestos products in question – was subject to a strict liability suit regarding Nye’s diagnosis, not DuPont.

With discrepancy between the companies that were deemed liable for the diagnosis and responsible for payment regarding damages, Nye’s widow ended up receiving no monetary award for her husband’s death.

Following the case, the Tennessee Court of Appeals and Supreme Court stepped in. Both entities ruled that the intermediary doctrine had been improperly invoked and was “not applicable under the circumstances of [the] case.”

“It was proper for the jury to consider the actions of DuPont in determining whether DuPont was the cause in fact of Mr. Nye’s injuries,” read the court’s opinion, which was authored by Justice Sharon Lee. “However, it does not follow that it was also proper to instruct the jury that if DuPont was aware of any dangers in connection with the use of the products it purchased from North Brothers, North Brothers could not be held liable for failure to warn.”

For those receiving mesothelioma treatment who have previously worked in a profession where you were regularly exposed to high amounts of asbestos, there may be reason to speak with a Tennessee mesothelioma attorney regarding a possible lawsuit. Contact us for a free consultation to see if a Tennessee mesothelioma law firm can help to get you a monetary asbestos settlement from a former employer who may be at fault for an asbestos-related illness.