Archive for category Legal
Mesothelioma Lawsuit Pays Out Big for Ex Paper Mill Worker
Posted by Jon@SokoloveLaw in Legal, Mesothelioma on March 18, 2010
In 2006, five years after his retirement Mr. Barabin was diagnosed with malignant mesothelioma. Mr. Henry Barabin and his wife Geraldine Barabin of Charleston, South Carolina, won their mesothelioma lawsuit against asbestos producing companies Scapa Dryer Fabrics, Inc, and Asten Johnson. Mr. Barabin won $10.2 Million as a result of his diagnosis of mesothelioma, which he attributed to his lifelong asbestos exposure at the paper mill he worked his whole life. The lawsuit by the South Carolina couple claimed that the companies who employed Mr. Barabin used asbestos in nearly all of their products, and due to the manufacturing method left all workers at risk to asbestos exposure.
Mr. Barabin worked under unsafe these conditions at this same paper mill plant from 1964 until his retirement in 2001. Testimony from Mr. Barabin stated that not only were faulty asbestos containing materials used at the plant, but there were no warnings given to employers about the potential health hazards that come from working with such materials.
UK Government Pledges Support for Victims of Asbestos Exposure
Posted by Marcus@SokoloveLaw in Exposure, Legal, Legislation, Mesothelioma, Research, Support on March 17, 2010
The Ministry of Justice in the United Kingdom has unveiled a series of measures aimed at supporting victims of asbestos exposure. They were announced after a government conference on how to respond to a 2007 ruling by the Law Lords which ended the right to compensation.
The proposals are a result of years of campaigning by advocates, who have fought for better treatment, support and compensation for victims and their families even after the 2007 legal setback.
Included in the measures are:
- The creation of an Employers’ Liability Tracing Office, which helps victims track down a company’s insurer (at the time of exposure). Since many manufacturers of asbestos products are no longer in business, finding their insurers from a given period has been extremely difficult.
- The creation of an Employers’ Liability Bureau which will act as a fund of last resort in the event the insurer cannot be found. Victims will receive compensation from this fund, if necessary.
- Increased upfront payments for mesothelioma victims.
- A series of payments of £5,000 for people who had begun, but not yet resolved a legal claim for compensation at the time of the 2007 ruling.
- A pledge to increase funding for mesothelioma research.
A local coroner, William Armstrong, supports the plans. He told the Norwich Evening News, “I deal with a substantial number of inquests into people who have died from asbestos-related diseases and the numbers seem to be growing.
“There are unfortunately people who have been exposed to asbestos many years before the condition manifests itself and many of them die in very distressing circumstances.
“Anything that can be done to help their relatives and loved ones claim the compensation to which they are entitled is very much to be welcomed.”
Ministers have also vowed to set up a working group consisting of mesothelioma lawyers, unions, insurers, the judiciary and civil servants to review asbestos law practices and procedures for obtaining compensation. They also hope to streamline the process in order to reduce the time it takes for cases to conclude.
Mesothelioma claims the life of American Hero Merlin Olsen
Posted by Marcus@SokoloveLaw in Exposure, Legal, Mesothelioma, Treatment on March 12, 2010
Pro Football player turned actor Merlin Olsen died on Thursday March 11, at the age of 69.
He was diagnosed with mesothelioma, a deadly cancer associated with asbestos exposure, in 2009 and had undergone chemotherapy treatment. He passed away at a medical facility outside of Los Angeles, California.
Last year, Olsen filed a mesothelioma lawsuit against NBC Universal, 20th Century Fox and other companies, claiming his cancer was from negligent exposure to asbestos according to The Washington Post.
Olsen starred at Utah State University before going on to play professional football for the Los Angeles Rams, winning numerous awards and never missing a game. He played in 14 consecutive Pro Bowls and was elected to the NFL Hall of Fame in 1982. While playing for the Rams he earned a master’s degree in economics from Utah State.
After his playing career was over, Olsen made a seamless transition to television, spending 16 years as a broadcaster for NBC’s football coverage. His colleagues praised him for his attention to detail and intelligent and insightful commentary.
“He was so thoroughly prepared, he should have been a lawyer,” his longtime NBC broadcast partner Dick Enberg told the Los Angeles Times in 2006.
He then became a television actor. He was best known for his roles on the popular shows Little House on the Prairie and Father Murphy.
Olsen is survived by his wife of 47 years, Susan Olsen, three children, three brothers, five sisters and four grandchildren.
Claims declined in a Hardie and CSR Asbestos Case
Posted by Mellissa@SokoloveLaw in Legal on February 11, 2010
James Hardie and CSR, the two main suppliers of asbestos products during the 1960’s and 1970’s in Australia, were accused of conspiring to influence regulators around asbestos use. They are also being accused of deliberately failing to mark their asbestos containing products, which would make it harder to determine which company was liable for any future injury or disease caused by the products.
Both companies are heading into the trial of Robert Berengo who is claiming damages due to exposure to their products in the early 1970’s. Mr. Berengo is dying from mesothelioma, a fatal disease almost always caused by asbestos exposure. He claims he was exposed to Hardie and CSR asbestos products while going to jobs with his father during his childhood. The allegations could have opened new opportunities for victims who have a difficult time proving which company’s products they have been exposed to and therefore which company should be held responsible for compensation.
The argument was heard in the Victorian Supreme Court and was declined. Judge Terry Forrest stated the proposed amendments were not sufficient to be approved. He did say future victims may be able to allege joint liability.
Read more at Hardie, CSR ‘colluded’, sufferer says and Judge denies late changes in asbestos case
Controversy after worker reports asbestos hazard
Posted by Mellissa@SokoloveLaw in Legal on February 4, 2010
Two investigations have resulted from a worker’s claim that asbestos was improperly handled on the Parkway project in Florida last Fall. The Department of Environmental Protection (DEP) has just completed their investigation into the initial complaint of asbestos pipe being disposed of without the proper precautions. Now the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has begun to investigate the claim that the worker was terminated for “whistle-blowing”.
Rick Solis was working as a Survey Technician II for the county when he observed concrete asbestos pipe being dug up and disposed. He reported his concerns about asbestos exposure and improper handling to his supervisors in September. And was later informed his position was being eliminated due to budget constraints. His attorney filed a complaint with OSHA claiming his “termination was a violation of the anti-whistleblower retaliation provisions…” He feels strongly that he had no problems with his employment until after complaining of the potential health hazards. Exposure to asbestos can cause future asbestos-related diseases including mesothelioma and lung cancer.
Representatives for the County believe this is nothing more than a ”disgruntled employee” and feel the investigation will prove that. OSHA reports the county has 20 days to respond to the allegation and the federal investigators will make a final determination.
For additional information read the News Sun article “Ex-county employee files whistleblower complaints”
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