Wisconsin State “Safe Place Law”
April 2010
Wisconsin Statute §101.11 imposes a heightened duty on employers and owners of places of employment and public buildings to construct, repair, and maintain buildings safely. The statute has been invoked to focus on unsafe building conditions (e.g., structural defects) versus negligent actions, although the distinction between the two is not always clear. The Safe Place Law is not limited to employees but also protects “frequenters” of covered premises. Such class of persons includes individuals entering places of employment or public buildings “... under circumstances which render such person other than a trespasser”.
Generally, workers compensation serves as an exclusive remedy for employees as against employers. However, where an employer’s breach of duty pursuant to Section 101.11 causes an employee injury, that employee’s compensation “shall be increased 15%.” This total increase cannot exceed $15,000.
See Wis. Stat. § 101.01 and §102.57; Barry v. Emplrs. Mut. Cas. Co., 2001 WI 101, P24 (Wis. 2001); Gross v. Denow, 61 Wis. 2d 40 (Wis. 1973) ; Howard H. Boyle, Jr., Wisconsin Safe-Place Law Revised (1980).
Caps on Noneconomic Damages for Medical Malpractice Cases Found Unconstitutional in Illinois and Georgia
March 2010
In Lebron vs. Gottlieb Memorial Hospital et al., decided February 2010, the Illinois Supreme Court struck down the third attempt of the state’s legislature to impose caps on noneconomic damages. The majority held that non-economic damages in medical malpractice actions violated the state constitution’s separation of powers clause. In Atlanta Oculoplastic Surgery, P.C. v Nestlehutt et al., decided March 2010, the Georgia Supreme Court held that the legislature’s attempt to codify non-economic damages caps in medical malpractice cases was unconstitutional. Chief Justice Hunstein, writing for the Court, concluded that, “[t]he very existence of the caps, in any amount, is violative of the right to trial by jury.”
Paul & Hanley LLP Provides List of Books on Mesothelioma
April 27, 2010
A list of nineteen books on mesothelioma was recently added to the Paul & Hanley website as a convenience to mesothelioma patients and family members seeking more detailed information on this difficult disease.
NCI Publishes Statistical Data on Mesothelioma
April 25, 2010
The following links have statistical information on mesothelioma. The National Cancer Institute (NCI), through its program to report on cancer prevalence, collects these data.
http://seer.cancer.gov/search?q=mesothelioma
And the American Cancer Society (ACS) publishes these key statistics from information provided by the NCI:
Hall of Fame Defensive Lineman Merlin Olsen Dies of Mesothelioma
March 19, 2010
Merlin Jay Olsen, the 6-foot-5 professional football player, sports announcer and actor, has died of mesothelioma at the age of 69. Mr. Olsen was a member of the famed Los Angeles Rams' "Fearsome Foursome" defensive line and played characters on the TV shows Little House on the Prairie and Father Murphy. With a deep, resinous voice, he was also the spokesman for a well-known FTD advertisement- a 6-foot-5 giant selling flower bouquets.
British Schools In Danger From Asbestos
March 13, 2010
Some British schools are not meeting a legal duty to protect their pupils from potentially deadly asbestos, a snapshot survey of sixteen schools suggests.
The report by the Asbestos Training and Consultancy Association said none of the sixteen schools was meeting health and safety rules on managing the substance.
Teaching unions want a full audit of the danger from asbestos, which can cause a lethal form of cancer.
The government's policy is for schools to leave asbestos in place.
The substance should be managed rather than removed, it advises.
But many schools lack the resources to manage it safely, the Asbestos Training and Consultancy Association (Atac) says.
The association says asbestos had been damaged in more than half of the schools it visited for this study. Experts say that it is when asbestos is damaged or disturbed that it can be dangerous. Though small, the survey reflects earlier research on the way schools deal with the potentially deadly material. About 75% of Britain's schools are thought to contain asbestos and 178 teachers are known to have died from asbestos-related illnesses, says the report.
The study follows a questionnaire sent out by the Department for Children, Schools and Families and the Health and Safety Executive in 2009. As a result of that, 34 local authorities are now being investigated by the HSE, the report adds. Atac chairman John O'Sullivan said: "Numerous incidents have taken place where asbestos fibres have been released, the schools contaminated and teachers, support staff and pupils have been exposed.
"The increasing numbers of mesothelioma deaths amongst teachers and support staff is testament that the policy of management has failed."
The main teaching unions are renewing their calls for a widespread audit of asbestos danger in schools. Association of Teachers and Lecturers general secretary Dr Mary Bousted said the government should set up an independent body to monitor and provide advice on asbestos in schools and remove it. National Union of Teachers general secretary Christine Blower said the survey showed "decisive steps are desperately needed" and that asbestos should be eradicated from all schools.
And Chris Keates, head of the NASUWT teaching union, said local authorities and governing bodies were not taking issues linked to asbestos seriously enough and were failing to comply with their statutory responsibilities.
Philip Parkin, head of the Voice union for educational professionals, said its own research revealed that staff in many schools were unaware of the dangers of asbestos.
Schools Minister Iain Wright said the government would be producing guidance on asbestos management for head teachers, governors and local authorities. Training would also be offered. Government building programmes meant out-dated buildings were being replaced.
The Health and Safety Executive's expert advice is to remove damaged or disturbed asbestos in existing buildings but it is safer to leave undisturbed or undamaged asbestos in place and carefully manage it.
Fatal Occupational Injuries
February 2010
The Bureau of Labor Statistics reports that approximately 3.6 fatal work injuries occur per 100,000 workers. The latest survey data, which was collected in 2008, revealed fatalities in the construction injury accounting for 19% of all occupational deaths. The transportation and warehousing industry accounted for 15%. The agricultural, fishing, forestry, and hunting industry accounted for 13%.
Fatal accidents were most often caused by “transportation incidents,” which include vehicle accidents, railway accidents, boating transportation accidents, and aircraft accidents. Other accidents were caused by being caught in equipment, falling from scaffolding, making contact with electrical currents, and being exposed to toxins. For further information, visit the Bureau’s website at http://www.bls.gov
FDA Will Control Radiation in Common CT Scans
February 22, 2010
Federal regulators at the Food and Drug Administration (FDA) will require manufacturers of CT medical imaging machines to include safety controls that prevent patients from getting to much radiation. Their proposal is part of an effort to reduce reports of acute injuries as well as reduce total lifetime exposure to radiation, which has nearly doubled since 1980. More information.
Products from China Found to be Unsafe
January 17, 2010
Products from China, including children's jewelry, were found to be unsafe due to the extensive use of cadmium which can cause cancer. People exposed to this toxic substance may be diagnosed with cadmium poisoning.
EPA Reports Hunters Point Shipyard Work Safe
January 14, 2010
Critics of the plan to redevelop the Hunters Point Naval Shipyard in San Francisco, California have said the project is kicking up toxic dust and causing health problems. But a draft of a federal report obtained by the newspaper the San Francisco Chronicle found the project has effective safeguards in place to minimize asbestos exposure. Read more.
Paul & Hanley Lists Books About Mesothelioma
January 5, 2010
The lawfirm of Paul & Hanley has created a list of books about mesothelioma. While this is not a complete listing by any means, mesothelioma patients may find these books helpful. They include very complete but expensive medical textbooks specifically on this cancer.
National Cancer Institute (NCI) Lists 58 Clinical Trials for Mesothelioma
January 3, 2010
The NCI, the nations largest and leading research organization on cancer, is currently listing 58 clinical trials for mesothelioma in its searchable database called PDQ. Of those clinical trails, 34 are in the United States. Clinical trials are studies designed to find better ways to treat cancer patients, and in this case, to find better ways to treat mesothelioma patients specifically. There is even a trial for the very rare mesothelioma of the tunica vaginalis. The number of trials is up from 52 just a year ago. Trials open and close regularly.
Some of the newest mesothelioma treatment approaches mentioned in these trials are: Suberoylanilide Hydroxamic Acid (SAHA); Bevacizumab, Pemetrexed and Carboplatin; Avastin Plus Pemetrexed-Cisplatin; VEGF-Antisense Oligonucleotide in Combination With Pemetrexed and Cisplatin; CBP501 + Pemetrexed + Cisplatin; AZD2171; Pazopanib Hydrochloride; Tomotherapy; Valproate and Doxorubicin; Dasatinib; Milataxel (TL139) Administered Orally; Sunitinib Plus Radiation Therapy; SS1(dsFv)-PE38 Immunotoxin in Combination With Pemetrexed Disodium and Cisplatin; Sorafenib Tosylate, Pemetrexed Disodium, and Cisplatin; Vorinostat (MK0683, SAHA), and Intravenous CRS-207.
Webpage Lists all Asbestos Laws and Regulations
December 17, 2009
See our newest page listing all of the abestos-related laws and regulations. Links on this page will bring you to the laws listed by the Environmental Protection Agency EPA.
New NCI Fact Sheet on Mesothelioma
December 17, 2009
The National Cancer Institute's (NCI) fact sheet on mesothelioma is a great place to begin your study of this difficult-to-treat cancer.
Dean of Admissions at Haverford College Dies of Mesothelioma
December 11, 2009
Greg Kannerstein, Acting Dean of Admissions and Dean of Haverford College in Haverford, Pennsylvania, has died at age 67 of mesothelioma, a cancer of the lining surrounding the lungs. Kannerstein was well-known on the campuses of Haverford and its sister school, Bryn Mawr. He worked at the college for over forty years. He was a student at Haverford ('63).
He retired as Dean of the College in July 2009, and then began working as a Special Advisor to Institutional Advancement and Lecturer in General Programs when he was forced by ill health to take a leave of absence. He was diagnosed with mesothelioma just weeks before his death in November 2009.
San Francisco Mesothelioma and Asbestos Statistics
December 6, 2009
San Francisco, currently the fourteenth largest city in the United States with a population of 764,976, has numerous public and private buildings containing asbestos, lead, and other contaminants. Buildings constructed before the 1980s are likely to contain some amount of asbestos. However, despite the widespread use of this toxmineral in residences, the greatest threat of asbestos exposure occurs in the shipyard industry. During World War II, the United States relied on San Francisco shipyards to produce the majority of its military ships.
According to data complied by the Environmental Working Group based on statistics from the Centers for Disease Control, San Francisco County ranks 40th in the list of the top 100 counties with the highest asbestos-related deaths.
County Asbestosis Mesothelioma Meso High Total
San Francisco 100 85 144 181-240
Contra Costra 174 101 161 271-331
Alameda 151 100 171 245-316
San Mateo 95 90 158 182-250
** The government did not begin tracking mesothelioma separately as a cause of death until 1998. When they did, the mortality rate nationwide for deaths from mesothelioma more than doubled. The lower number in each range represents an estimated mortality rate based on asbestos cancers that were thought to be mesothelioma. The higher range reflects the mesothelioma rate if one assumes that the incidence during earlier years was actually twice that reflected by government statistics.
Historical Asbestos Exposure Sites in San Francisco
Hunter's Point Naval Shipyard - Asbestos was widely used in shipbuilding due to its insulating and fire-resistant properties. The historic Hunter's Point Naval Shipyard, established as a commercial yard in 1870, was acquired by the federal government shortly before World War II. The shipyard constructed numerous Liberty ships during the war. After the war, the Navy located the Navy Radiological Defense Laboratory at Hunter's Point. Some 8,500 people were employed at the Hunter's Point facility during the 1950s.
The Navy decommissioned the site in 1974 and leased it to Triple A Machine Site between 1976 and 1986. In 1986, the District Attorney's office investigated allegations that Triple A was practicing illegal dumping of toxic waste. The site was closed in 1991 and is now undergoing cleanup under the EPA's Superfund program. Hunter's Point is contaminated with asbestos, lead, and other heavy metals. It is the only Superfund site in San Francisco and is considered one of the most heavily polluted Superfund sites in the nation.
Moore Dry Dock, a ship repairer and builder, began as Moore & Scott Iron Works in 1905. In 1922, the name was changed to Moore Dry Dock. During World War II, the company greatly expanded and became known as the nation's fastest ship repairer. However, the buildings constructed during this expansion contained a large amount of asbestos. The shipyard was eventually closed in 1961 and has since been the subject of many asbestos lawsuits by both groups and individuals.
Founded in 1916, Todd Pacific Shipyards Company still plays an important role in the shipbuilding industry. In fact, it has several different facilities located along the West Coast, including one at Golden Gate. Until the 1980s, Todd's Golden Gate facility repaired both commercial and military ships. Workers at this location were constantly exposed to asbestos from insulation and fireproofing materials in the ships' boilers and steam pipes. Few safety precautions were undertaken and most workers did not have protective equipment.
Power Plants in San Francisco
Pacific Gas and Electric, founded in 1905, is northern California's major electric and natural gas supplier. It is presently based in San Francisco and has had numerous incidents of environmental damage. Pacific Gas and Electric used asbestos widely in its electrical generating facilities prior to 1980. Because of its insulating and fireproofing properties, asbestos was most commonly used in paint, flooring, gaskets, and other construction materials.
San Francisco Dry Dock, which is the largest dry dock in the city, began in 1978. It is the city's only full-service ship repairer. The company currently works in facilities that once belonged to Bethlehem Steel Company and Union Iron Works. Bethlehem Steel and Union Iron Works built and repaired U.S. Navy ships during both world wars. Today, workers at San Francisco Dry Dock continue to be exposed to asbestos because many of the older ships they repair were originally built with asbestos-containing materials.
Selecting a Mesothelioma Attorney
October 26, 2009
Paul & Hanley LLP has published guidelines on how to select an experienced mesothelioma attorney. The discussion includes all the the important questions you should ask in making this very important decicion on finding an experienced mesothelioma lawyer.
National Cancer Institute Publishes Mesothelioma Fact Sheet
September 17, 2009
The National Cancer Institute (NCI) publishes a fact sheet on mesothelioma called Mesothelioma: Questions and Answers, which includes pleural, peritoneal and pericardial mesothelioma. This is a brief overview of the disease. It also points out where to find additional information. The NCI also publishes Fact Sheet 3.21, Asbestos Exposure: Questions and Answers.
Top Asbestos and Mesothelioma Occupational Exposure
The three top occupations that expose workers to asbestos and therefore mesothelioma are: shipbuilding, the U.S. NAVY, and construction, in that order. Other dangerous industries include: insulation, oil/chemical, power plant, railroad, automotive, steel/metal, asbestos manufacturing, papermill and ceramics/glass. Shipbuilding includes joiner, shipwright, rigger, sandblaster, shipfitter, electrician, painter, and welder. The NAVY catagory includes merchant marine seamen. The insulation trade includes pipecoverer, insulator, asbestos sawyer and asbestos sprayer.
NCI Statement Reviews Latest Treatment Options for Recurrent Mesothelioma
According to the National Cancer Institute's (NCI) PDQ statement for health professionals, treatment of patients with recurrent mesothelioma usually utilizes procedures and/or agents not previously employed in the initial treatment attempt. No standard treatment approaches have been shown to improve survival or control symptoms for a prolonged period of time. These patients should be considered candidates for phase I and II clinical trials evaluating new biologicals, chemotherapeutic agents, or physical approaches. Patients with recurrent mesothelioma who have not received prior chemotherapy are candidates for first-line chemotherapy with cisplatin pemetrexed or cisplatin raltitrexed. However, patients with recurrent mesothelioma who receive surgery, or at least do not receive chemotherapy as part of the primary treatment and recur subsequently, are candidates for chemotherapy.
A large randomized study compared pemetrexed to best supportive care (palliative care) in 243 patients who received one prior regimen of chemotherapy that did not include pemetrexed. No survival benefit was shown in patients who received pemetrexed, although the progression-free survival rate, time-to-progression, and the response rates favored the pemetrexed arm.
Current Clinical Trials
Check for U.S. clinical trials from NCI's PDQ Cancer Clinical Trials Registry that are now accepting patients with recurrent malignant mesothelioma. The list of clinical trials can be further narrowed by location, drug, intervention, and other criteria.
EPA Declares Emergency in Two Montana Mining Towns
11 August, 2009
The Environmental Protection Agency (EPA) declared its first-ever "public health emergency" regarding asbestos contamination near Libby and Troy, Montana. According to the Associated Press, these well-known mining towns have massive asbestos contamination from a now-closed vermiculite mine that has been cited in the deaths of more than 200 people and illnesses of thousands more. Before the vermiculite mine was closed in 1990, miners carried asbestos home on their clothes. Vermiculite once covered school running tracks in Libby and some residents used vermiculite as mulch in their home gardens."
Paul & Hanley's Website Now Lists Over 30,000 Abestos Exposure Sites
August 4, 2009
Paul & Hanley LLP recently started listing known jobsites where people have worked who later were diagnosed with mesothelioma. These sites respresent potential asbestos exposure sites. The listing allows users to look for places where they have worked, or lived near, to see if they may have been exposed to asbestos, and represents a unique database of information for people worried about asbestos exposure. The mesothelioma lawyers and attorneys at Paul & Hanley are providing this information free to the public to make them aware of the health dangers of working at such sites.
New Drug CBP501 Being Used in Clinical Trials
July 31, 2009
CBP501, a relatively new drug, is now being testing in a clinical trial listed by the National Cancer Institute (NCI) in combination with other drugs. Most cancer cells are dependent on something called the G2 checkpoint to survive with DNA damage. The stable peptide CBP501 shows selective G2 checkpoint negation, with activity in various tumor models, alone and combined with DNA damaging agents like the chemotherapy drugs Pemetrexed and cisplatin. This is a phase II trial for pleural mesothelioma. A phase II trial continues to test the safety of the drug, and begins to evaluate how well the new drug works. Phase II studies usually focus on a particular type of cancer.
NCI Treatment Statement Lists Seven Treatment Options
July 12, 2009
The National Cancer Institute's PDQ treatment information for advanced mesothelioma lists seven options, including many clinical trials and palliative care treatments. Palliative care is not meant to be curative, just to treat symptoms and to help the patient feel better. As of today, the NCI lists 48 treatment trials for mesothelioma. 26 of those trials are in the United States, with four of them being in California.
Canadian Study Tries New Form of Radiation Therapy for Mesothlioma
This trial in Edmonton, Alberta, Canada explores the use of new radiation technology (tomotherapy), to treat mesothelioma more aggressively than has been possible before. Tomotherapy's ability to treat unusual shaped tumours, particularly when they are wrapped around sensitive normal tissues (the lung), enable higher doses of radiation to be used and this may improve its effectiveness. The trial will enroll 17 patients, treat them with tomotherapy and assess the breathing, symptoms, and quality of life of the patients before and after treatment. Contact information is: Deanna Gilbert, CCRP, Ph: 780 432-8352. Email: deannap@cancerboard.ab.ca. Rufus Scrimger, MD is the trial's Principal Investigator.
NCI Statement on Very Rare Childhood Mesothelioma
The National Cancer Institute (NCI) has information listed under unusual childhood cancers including one on the extremely rare cases of mesothelioma in children. There is a patient statement and a more extensive health professional statement.
Canada Continues to Sell Deadly Asbestos to Third World Countries
June 23, 2009
The Canadian Broadcasting Company (CBC) recently aired a report on how Canada is selling asbestos to third world countries like India. This shocking 15-minute video shows workers throwing loose asbestos around by hand without any protective gear whatsoever.
The asbestos industry is historically important and part of the Quebecois identity. Both the Quebec and Federal governments have opposed bans on selling asbestos overseas.
Client Jim Morrison in TV Spot for Kootenai Medical Center
May 30, 2009
Paul & Hanley client Jim Morrison is featured in a TV commercial by the hospital in Coeur d'Alene that successfully treated him. Paul & Hanley won a $5 million verdict in March of 2006 for the Morrison family after Jim was diagnosed with lung cancer although he never smoked cigarettes. Jim was a 52-year-old HVAC mechanic from Post Falls, Idaho at the time he was diagnosed. He was exposed to asbestos from Copeland refrigeration compressors while performing maintenance on Copeland equipment during the 1970s and 80s in Fresno, California. Three years later Jim is doing well with no signs of a recurrance.
Jim's acting debut is remarkable in that he comes across as very natural and believable without having any acting background. Jim has been one of Paul & Hanley's most ardent supporters helping us in numerous ways including writing a testimonial.
W.R. Grace, Former Executives Acquitted on Federal Charges
May 8, 2009
W.R. Grace & Co. and three former executives were acquitted of federal charges that they knowingly allowed residents of the small northwestern Montana town of Libby to be exposed to asbestos from its vermiculite mine. W.R. Grace bought the mine in 1963 and closed it in 1990 after many years of complaints.
Attorneys for some residents of the town (poplulation 2,635) blame tremolite asbestos from the vermiculite for about 2,000 cases of illness and about 225 deaths in and around the community. Given the small size of the community, prosecutors repeatedly pointed out the very high incidence of disease. Miners accidentally carried asbestos home on their clothes thus exposing their family's to asbestos. Asbestos-containing vermiculite was also used to cover school running tracks in Libby and some residents used vermiculite as mulch in their home gardens.
The company and its former top officers were accused of knowingly endangering the lives of mine workers as well as all residents of Libby, and of ignoring warnings by state agencies to clean up the vermiculite mining operation. They were also accused of Clean Air Act violations and obstruction of government efforts to address problems in Libby.
Clinical Trial for Very Rare Mesothelioma of the Tunica Vaginalis
April 4, 2009
The National Cancer Institute is running a clinical trial for the very rare cancer called mesothelioma of the tunica vaginalis. Because this cancer is so rare, clinical trials for it are very unusual. In fact, this may be the first ever clinical trial for this disease. This information was last verified by the National Cancer Institute in June of 2007, but as of December 2009 the trial is still accepting patients.
The trial's title is: Phase II Study of AZD2171 in Patients With Malignant Pleural, Peritoneal, or Tunica Vaginalis Mesothelioma That is Not Amenable to Curative Surgery. The purpose of the study is to determine the response rate for patients who are treated with AZD2171 which is an antiangiogenesis drug. This catagory of drugs stops cancer from growing by inhibiting its blood vessel formation and therefore its blood supply.
The entry criteria include that the disease not amenable to curative surgery, no known brain metastases, no more than one prior cytotoxic chemotherapy, and at least four weeks since prior chemotherapy.
A total of 50 patients will be accrued for this study. This is a multicenter study. Patients receive oral ADZ2171 once daily on days 1-28. Courses repeat every 28 days in the absence of disease progression or unacceptable toxicity.
Trial sites include multiple location in California, Illinois, Indiana, Michigan, Pennsylvania, Wisconsin and Tononto, Canada. See the link above for specifics on trials sites including contact informaion.
NCI Updates its Health Professional Treatment Information
San Francisco Jury Awards $4.3M to Families of Three Bay Area Pipefitters for Asbestos-Related Cancer Deaths
January 5, 2009
Following a month-long trial, a San Francisco jury awarded a total of $4,327,598.75 to the surviving widows and children of three industrial plumbers who died of asbestos-caused lung cancer. The jury also included an award for punitive damages in their verdict against defendant Plant Insulation Company, formerly a major Northern California industrial insulation contractor.
The jury of eight women and four men deliberated for two days before announcing their verdict. They awarded $2,122,860.69 for the death of James M. Harris, who succumbed to lung cancer caused by his exposure to asbestos during his career as a pipefitter working in San Francisco Bay Area oil refineries. Mr. Harris was 81 years old at the time of his death, and was survived by his widow, Grace L. Harris, of Elverta, California, and their children Rodger A. Harris, Susan B. Smith, James R. Harris and Guy O. Harris.
Plant Insulation Company was the exclusive Northern California supplier of asbestos-containing pipe insulation products known as “Pabco” and provided insulation contractor services at a wide variety of industrial sites. The jury found that Plant Insulation Company was liable for exposing Mr. Harris to asbestos dust which caused him to develop lung cancer. Plant Insulation Company was found to be 79% at fault, while other manufacturers, distributors and suppliers of asbestos products, who were not present at the trial, were found to be 21% at fault.
The same jury awarded $1,277,000.00 in damages to the family of William C. Hearn of Concord, California. He is survived by his wife of 48 years, Anna May Hearn, and his son, Gilbert Hearn, of Antioch, California. Like Mr. Harris, Hearn died of lung cancer caused by exposure to asbestos at a variety of Bay Area industrial sites. He was 72 at the time of his death. The jury allocated 59% of the fault for Mr. Hearn’s illness and death to defendant Plant Insulation Company.
The jury awarded $858,738.06 in damages to the family of George P. Wetch of Sebastopol, California. He died at age 84, of lung cancer caused by exposure to asbestos. Mr. Wetch worked as a pipefitter at chemical plants and oil refineries in Contra Costa County for thirty years beginning in the late 1950s. Plant Insulation Company was found to be 69% at fault in causing the lung cancer that took Mr. Wetch’s life. Mr. Wetch was survived by his wife Frances Wetch and his son Mark Wetch of Santa Rosa, California.
The plaintiffs were represented by Wes Wagnon and Selby Lighthill, of the law firm of Paul & Hanley LLP, located in Berkeley, California.
The Contra Costa Times newspaper reported on the verdict.
Paul & Hanley LLP recently started listing all known ships that respresent potential asbestos exposure sites. The listing allows users to look for ships on which they have worked, in order to see if they may have been exposed to asbestos.
Paul & Hanley LLP Puts Evidence Online
Paul & Hanley LLP recently started putting original legal documents online for the public to view. These evidentiary documents show the paper trail of asbestos corporations and how they tried to hide the deadly effects of asbestos on their workers and others who suffered exposure.
Flanery Case Settlements Amount to $5,582,500
Charles Flanery is a 66 year old man who was diagnosed with mesothelioma in January 2008. He was a career plumber, working at numerous commercial and industrial jobsites. On September 2, 2008, the case was sent out to trial. At that time settlements amounted to a little over 1 million dollars. After the start of the trial all other defendants resolved. The total amount of settlements received was $5,582,500. And Paul & Hanley is still pursuing substantial bankruptcy funds that should soon be available for Mr. Flanery.
San Francisco Jury Returns $1.4 Million Verdict Against JOHN CRANE, INC., for Pipefitter's Wife and Family
On September 2, 2008, a San Francisco jury awarded $1,458,225 to the widow of David Rogers, Sr., Beverly Rogers, and to the couple’s son and daughter, David Rogers and Annette Wilson of Vista, California, for a terminal cancer he contracted as the result of working with, near and around asbestos valve packing, among other products. The verdict against JOHN CRANE, Inc. was based on a claim that the product was defectively designed, and that an ordinary consumer would not realize, understand or appreciate the cancer risk encountered from working with the product. Mr. Rogers died of mesothelioma, an incurable asbestos-caused cancer.
The jury found that Mrs. Rogers suffered $446,225 in lost income and loss of household services based upon the expert testimony of Santa Rosa economist Dr. Barry Ben-Zion, and $10,000 in medical bills and $2,000 in funeral expenses. Berkeley pulmonologist Dr. Barry Horn, U.C. Berkeley epidemiologist Dr. Alan Smith, and Bremerton pathologist, Dr. Samuel Hammar, each testified that the mesothelioma was caused by Mr. Rogers’ cumulative exposures to respirable asbestos fibers. The Rogers family was also awarded $1 million for their loss of love, comfort, and companionship. Evidence was presented that cancers such as that suffered by Mr. Rogers can be caused by relatively low exposures, including from the installation and removal of valve packing. Though largely ignored, the industrial and asbestos product manufacturing community was well aware of recommendations for providing workers who worked around asbestos and other harmful dust with changing rooms, work clothing, and workplace laundry service.
The case was initially filed on July 11, 2005, against some 40 separate defendants, and was advanced to trial quickly because of Mr. Rogers’s terminal condition, the case was substantially delayed and continued a number of times after the death of Mr. Rogers took away the status of the case as one entitled to a trial preference. Before trial all defendants except John Crane, Inc., had resolved with the Rogers’ family. The total verdict will be reduced by the other parties' settlements.
Fact Sheet
Case Summary: Plaintiff, Beverly Rogers, is 64 years old and her husband, David Rogers, Sr., died of mesothelioma in the year 2004. The couple were married in 1960 and are survived by two children, David Rogers, Jr., and Annette Wilson. The family alleged that their husband and father contracted mesothelioma from asbestos exposure from work at San Diego Gas and Electric from brought home by her ex-husband from 1961 to 1993. It was undisputed that David Rogers died from an asbestos-caused mesothelioma.
John Crane, Inc. presented both duty and medical causation defenses. Defendant argued it was unforeseeable that San Diego Gas and Electric would not have protected its employees from asbestos products, even though John Crane, Inc., did not place any warning labels on its asbestos containing products. They supported their case with the expert testimony of Frederick Toca, a Certified Industrial Hygienist, who urged that installation and removal of valve packing resulted in only minimal asbestos exposures. Plaintiff responded with state-of-the-art testimony of Dr. Richard Cohen of Saratoga, California, and microscopist Richard Hatfield, of Atlanta, Georgia.
Jury trial: Beverly K. Rogers, et al, v. John Crane, Inc., et al. San Francisco Superior Court Case No. 430089
Judge: The Honorable Marla Miller, Department 318
Case filed: July 11, 2005
Verdict rendered: September 2, 2008
Total verdict: Total Economic Damages $458,225 Total Non-Economic Damages $1 million
Trial testimony: 5 weeks; deliberations lasted 3 days
Allocation: 99% to all other defendants; 1% to John Crane, Inc.
Experts
Plaintiff’s experts included: Richard Hatfield, Materials Analyst Specialist, Atlanta, GA Barry R. Horn, M.D., Pulmonologist, Berkeley, CA, Richard Cohen, M.D., Medical State of the Art, Baltimore, MD Barry Ben-Zion, Ph.D., Economist, Santa Rosa, El Cajon, CA Allan Smith, M.D., PhD., Epidemiologist, Oakland, CA
Defense experts included: Frederick Toca, Certified Industrial Hygienist,
Prior settlement negotiations: Plaintiff served CCP§ 998 offer for $300,000 which was rejected. During the trial plaintiff's last demand was $300,000.
Plaintiff's trial attorney:
Stephen J. Healy, Esq.
law firm of Paul & Hanley LLP
1608 Fourth Avenue, Suite 300
Berkeley, CA 94710
Tel: (510) 559-9980, ext. 215
Jury Awards 4.3 million to Pipefitter in Lung Cancer and Asbestosis Case
A Los Angeles jury awarded 4.3 million to Mr. Glade Cookus for his economic and noneconomic damages along with a finding for punitive damages.
Mr. Cookus was a pipefitter who installed water lines in and around Palos Verdes, California. On a daily basis, Mr. Cookus, laid asbestos cement pipe, a process which required handling, cutting, milling and beveling such pipe. Due to his exposure to asbestos in the pipes Mr. Cookus developed asbestosis and lung cancer. Calaveras Asbestos Limited was a supplier of asbestos to the pipe manufacturer. The jury found Calaveras Asbestos Limited negligent for failing to warn of the dangers of asbestos.
Expert witnesses for Mr. Cookus included pathologist, Dr. Samuel Hammar, pathologist and pulmonologist Dr. Arnold Brody, medical state of the art expert, Richard Cohen, economist, Robert Johnson, materials specialist, John Templin and Dr. Robert Fallet.
A Better Approach to Treating Peritoneal Mesothelioma?
In a recent issue of the American Journal of Clinical Oncology (ASCO), researchers from Columbia University reported that combined resection (surgical removal), intraperitoneal chemotherapy (deliver directly into the space around the stomach where the cancer is), and whole abdominal radiation therapy is an effective treatment for malignant peritoneal mesothelioma. Peritoneal mesothelioma, which affects the lining of the abdomen, accounts for less than twenty percent of all mesothelioma cases.
The study involved 27 patients. The treatment regimen involved surgical debulking followed by four intraperitoneal courses of cisplatin alternated with four intraperitoneal courses of doxorubicin, four doses of intraperitoneal gamma interferon, a second laparotomy with resection of residual disease plus intraoperative hyperthermic (higher temperature than ususal) administration of intraperitoneal mitomycin, and cisplatin followed by whole abdominal radiation therapy.
The February 2008 study showed a median survival of 70 months and a three-year survival of 67 percent. They also reported that seven patients were alive without evidence of disease at a median of 17 months. Median survival means that half of the patients are alive and half have died at that median timepoint. The results prompted the researchers to conclude that intensive multimodality therapy was effective for patients with peritoneal mesothelioma.
Another 2008 ASCO article involving 54 peritoneal mesotheliome patients discusses taking a less agressive approach to the removal of the tumor (debulking) while still showing good results. A third article published in January 2008 in the ASCO online journal discusses other treatment approaches for advanced disease. The article states that in advanced disease survival data are encouraging when compared with pleural mesothelioma.
Researchers Find Similarity Between Asbestos and Carbon Nanotubes
Recently published scientific results suggest that the vaunted wonder material called nanotubes made out of pure carbon may pose similar risks to asbestos exposure. The very long and thin tubes makes it impossible for the lung to clear the tubes from the tissue which is the same problem with asbestos. For more detail on this report published, see our page on carbon nanotubes.
Paul & Hanley LLP Files Law Suits in Santa Maria Adult ALL Cases
In October and November of 2007 Paul & Hanley LLP filed law suits in Los Angeles superior court on behalf of two adult clients recently diagnosed with acute lymphocytic leukemia (ALL). While ALL is a common form of leukemia in the relatively small number of children who get cancer, it is rare in adults. ALL, which is also called acute lymphoblastic leukemia, is a fast-growing type of leukemia (blood cancer) in which too many lymphoblasts (immature white blood cells) are found in the blood and bone marrow.
Both plaintiffs were born and raised in the Santa Maria valley in the southern part of Santa Barbara County, California and both were diagnosed within an eight month period. A third case involving adult ALL in the Santa Maria valley was filed by another firm in 2006.
The plaintiffs allege that they were exposed to volatile organic solvents such as benzene by off gassing from abandoned oil drilling sumps and storage tanks that are common in the Santa Maria valley.
If you lived, or are now living, in the Santa Maria valley and have developed a serious disease like ALL or non-Hodkins Lymphoma, please contact Paul & Hanley LLP at (800) 933-2244 for a free consultation to discuss your case. You can also use the contact us form.
Selected Cases from the Past
To see some selected verdicts from older cases please see this page.
Legal Assistance
At Paul & Hanley, LLP we are happy to provide you with a free and confidential legal consultation. Our lawfirm is a California-based firm that is nationally recognized for its outstanding work in toxic torts litigation. Our attorneys are known for their honesty, integrity, and compassion. Paul & Hanley has offices located throughout California, including Berkeley, Los Angeles, Westlake Village (Los Angeles county), San Francisco, and San Diego.
Our California malignant mesothelioma cancer attorneys handle cases in courts throughout California, Nevada, Arizona, and across the United States. Please contact us toll-free at (800) 933-2244 if you believe someone in your family is suffering from lead poisoning or if you would like to learn more about lead poisoning and exposure.