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Cleaning Up New Jersey’s Asbestos Problem

By admin | Published February 3, 2012

The removal and disposal of asbestos used as a building material is a dangerous, expensive and highly technical process. Contractors who work with the deadly substance usually need to hold a license from the state and require specialized equipment and safety precautions before undertaking any asbestos-related job. If proper procedures are not followed when working with asbestos, not only can there be significant health consequences for the workers, but the contractors also can be liable for significant financial penalties.

In Gibbstown, N.J., local contractor Lovett Contracting is facing legal action and potentially stiff fines from the United States Environmental Protection Agency (EPA) as a result of the alleged improper clean-up and removal of asbestos-containing materials used in a former DuPont Chemical gunpowder plant. The lawsuit alleges Lovett was in violation of the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants regarding asbestos. The EPA is seeking $32,000 per day and per violation as well as court costs, which can ultimately amount to hundreds of thousands of dollars of violations for the contractor.

According to The Gloucester County Times, the EPA allegations listed six violations, including failure to take required precautions in demolishing or removing about 5,000 feet of piping and 3,000 feet of pipe insulation with dangerous amounts of asbestos that could be exposed to the air. Once airborne, the asbestos becomes a hazard to employees and the local community alike.

While the contractor had no comment to local media, EPA spokesman Elias Rodriguez said, “Asbestos is a known carcinogen, and inhalation of asbestos fibers can cause serious health risks.” He noted, “Using water and equipment such as glove bags and other containment measures prevents the release of asbestos fibers and minimizes the chance of exposure.”

However, high government penalties will not save the lives currently in peril because of this added risk of developing asbestos-related cancers. All these fines can do is punish the offenders. They can not take away the pain, suffering and struggle manymesothelioma and asbestosis victims face on a regular basis. Workers are regularly put at risk during these massive asbestos clean-up projects, with little upfront protection.

Isn’t it time to ban this deadly substance? Join us and help us ban asbestos now.

Asbestos

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Dangerous Cycle in Asbestos Town

By admin | Published February 3, 2012

As reported by Associated Press, those who have lived in the town of Libby, MT for the last few decades have seen around 400 people die and an additional 1,750 suffer from asbestos-related diseases like mesothelioma cancer and asbestosis.  Emotions and anxiety ran high recently when it was discovered the struggle is not yet over.  This week, it was revealed that two giant piles of bark and wood chips that have sat on the edge of town for years are contaminated with an unknown level of asbestos.  Residents have been helping themselves to truckload after truckload of the material to place in yards, city parks, outside school and at the local cemetery.  No one ever told them the piles may be filled with the toxin that has killed so many of the people they loved.

An AP investigation found that the federal government has known for at least three years that the wood piles contained asbestos, but they did not know the level of contamination.  EPA documents show that in 2007, 20 samples were taken from the pile, four of which showed potentially dangerous asbestos fibers.  The piles came from a now-defunct timber mill that took thousands of trees from a forest affected by asbestos from a nearby mine.

The potential for more contamination has frayed nerves in the town of 3,000 people and further eroded confidence in the government to clean up the mess. Resident Lerah Parker, who has spread truckloads of the material around her property, worries, “We thought we were coming to an end and now we have this issue all over again.” Residents are justified to feel concerned about the public health of their town.  Asbestos is one of the only causes of mesothelioma and, unfortunately, themesothelioma life expectancy can be grim.

Residents aren’t the only ones scrambling at this time. The EPA is now trying to gauge the public health risk and is preparing to issue guidelines about how residents should handle the wood, including warnings not to move or work with the material when it’s dry to avoid stirring up asbestos.  But the agency has decided it won’t track down where the chips went, saying it no longer has jurisdiction because the material is now classified as a commercial product.

Libby has fought an uphill battle against asbestos for many years.  This is not a resting point.  They must continue leading the fight for an asbestos-free country.

Asbestos

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Engineer Creates ‘Frankenkindle’ for Sister Suffering from Cerebral Palsy

By admin | Published February 3, 2012

An electrical engineer from California has taken utilized his technical know-how and created a “FrankenKindle” to help his sister who suffers from cerebral palsy.

Using a “hacked” Kindle eBook reader, six large buttons taken from a V.Reader childrens’ eBook device, a few planks of wood, and an array of wiring and circuitry, Glenn from Santa Cruz, California, was able tofashion together a device for his sister, who suffered the birth injury and now has difficulty with basic motor functions.

In order to accommodate her limited motor functions, the larger buttons from the V.Reader are rewired to perform the basic commands on the Kindle and allow her to read books. Everything is connected through a series of circuits that are housed behind the Kindle in wood casing.

Glenn currently has assigned functions to all six of the V.Reader buttons. He added in a YouTube video that he was thinking of adding new function buttons during “later revisions” to the device in the future.

While Glenn only made the device for his sister and makes no mention of producing more versions of it, his story does show the great lengths that some families must go to in order to make life easier for loved ones suffering from cerebral palsy.

If you would like to pursue a potential birth injury lawsuit in order to receive a financial settlement that could fund medical costs for your loved one, contact a cerebral palsy lawyer at Sokolove Law today to learn about your legal options.

Birth Injury

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Family Awarded $7 Million in Birth Injury Lawsuit Verdict

By admin | Published February 3, 2012

A Massachusetts family has been awarded more than $7 million following a lawsuit against the medical staff who they claim did not properly care for their prematurely born child who ended up passing away due to a preventable condition.

According to Boston.com, Danielle and John Bellerose brought the lawsuit against the medical team that tended to the birth of their daughter Katherine at Beth Israel Deaconess Medical Center on June 13, 2004. Katherine was born two months premature and quickly began experiencing health problems and was put in neonatal intensive care.

However, as Katherine’s condition worsened, the team allegedly took too long to diagnose that her bowels had become perforated.

Following an unsuccessful surgery to prevent her intestinal tissues from failing, Katherine passed away on June 21, 2004.

In the lawsuit from the Bellerose family that followed, jurors found that Dr. Janet Lloyd and nurse practitioner Michele Ambrosino were negligent in their care for Katherine and did not treat her appropriately. Jurors awarded Danielle and John $3.5 million each, as well as $50,000 for suffering Katherine experienced before her death.

“By all accounts [Katherine] should have progressed on just like her sister and should have gone on to live a normal life,” said William Thompson, the Bellerose’s attorney. “She lived eight days.”

If you or a loved one have given birth to a child that suffered birth complications that either led to death or permanent injury, there may be legal options worth pursuing. Contact a birth injury attorney at Sokolove Law today to learn more about what types of lawsuit you may be able to bring against the doctors that caused the birth injury.

Birth Injury

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Famous Forensic Sculptor Frank Bender Passes Away from Mesothelioma

By admin | Published February 3, 2012

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.

Mesothelioma

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FDA Sued Over Documents in Birth Defects Lawsuit

By admin | Published February 3, 2012

The Food and Drug Administration (FDA) has been hit with a lawsuit alleging it failed to turn over documents regarding the use and distribution of the morning sickness drug thalidomide despite repeated requests by attorneys who have filed a birth injury lawsuitagainst the companies involved with the drug.

Law360 (subscription required) reports the FDA is being sued for allegedly violating the Freedom of Information Act by failing to fulfill requests for records pertaining to a case against GlaxoSmithKline PLC and other drug companies. The underlying birth injury lawsuit alleges GlaxoSmithKline and other defendants withheld evidence proving that the morning sickness drug caused birth defects. The complaint, filed on behalf of 13 people who were born with severe birth defects, also claims thalidomide was distributed to more than 20,000 people by Smith Kline & French (the predecessor GlaxoSmithKline) despite the fact that the drug never received FDA approval.

If you or a loved one have been affected by medical negligence during the birth of a child, you may want to speak to a birth injury attorney about filing a birth injury lawsuit.

Birth Defects

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Films Hope to Raise Asbestos, Mesothelioma Lawsuit Awareness

By admin | Published February 3, 2012

One of the more heartbreaking aspects of mesothelioma and asbestos cancer is that, despite the devastation that the diseases take on the families they effect, the public is largely not aware of the illnesses and the toll they take.

Thankfully, a pair of new films are attempting to raise awareness regarding the dangers of the asbestos industry and the legal options that individuals have to punish the companies that have harmed them.  The films are already gaining a great deal of attention across the country.

In an attempt to raise awareness regarding the horrors of asbestos, the Asbestos Disease Awareness Organization (ADAO) announced last month that it would be hosting an international livestreaming of the film Breathless on its website on September 26 at 6:30 pm EST. The film, which was directed by Canadian filmmaker Kathleen Mullen, details the death of Mullens’ father that was caused by asbestos exposure in Canadian mines while also addressing the controversy surrounding the Canadian asbestos industry.

“ADAO is thrilled to be able to bring this critical issue to the forefront through the incredible film, Breathtaking. It is through the new avenues of digital technology and social media that we are seeing awareness about asbestos hazards expand rapidly around the globe,” said ADAO Co-Founder Linda Reinstein.

The film will precede a fifteen-minute question and answer session via Twitter with Mullen and Reinstein.

Another film, Hot Coffee, recently premiered on HBO as part of the network’s Summer Documentary Series. The movie looks at American civil justice and tells the story of Stella Liebeck, an elderly woman who sued McDonald’s for money to cover medical costs after the restaurant’s coffee severely burned her. Despite the uproar over the product liability lawsuit filed by Lieback, the film supports the legal action she took.

Many mesothelioma support groups have come out in support of the film, asmesothelioma lawsuits are similar in many ways to the case filed by Liebeck and have come under fire in recent years as well.

Hopefully Breathtaking and Hot Coffee will both help to increase the public’s awareness regarding asbestos and mesothelioma lawsuits.

If you or a loved one has been exposed to asbestos by using certain products or working for certain companies and have subsequently been diagnosed with mesothelioma, there may be legal options worth pursuing to obtain a mesothelioma settlement. Contact a mesothelioma attorney if you have any questions about the details of asbestos law and what is needed to pursue a settlement from the manufacturer of the asbestos product.

Asbestos

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Florida Couple wins $4.5 million in Birth Injury Lawsuit

By admin | Published February 3, 2012

A West Palm Beach, Florida, couple has been awarded $4.5 million in abirth injury lawsuit levied against the doctors who did not properly anticipate and care for their child, who was born with no arms and only one leg.

The Palm Beach Post reported that Ana Mejia and Rodolfo Santana were awarded the money – half of the $9 million they were originally seeking – to help fund a life plan for their son, Bryan, so he could live a comfortable life for an estimated 70 years. The $9 million plan maps out costs for prosthetics, wheelchairs, medical care, and assisted living needs over that time span.

“Ana and Rodolfo Santana know their mental anguish and their emotions are not important,” said Robert Bergin, the couple’s attorney. “The only thing that will help make up for their mental anguish is to know Bryan’s life plan is fully funded.”

The jury ruled in the couple’s favor after deciding that sonograms taken prior to Bryan’s birth were read incorrectly by doctors and technicians and failed to pick up his disabilities. The couple stated during the trial they would have terminated the pregnancy had they known about Bryan’s disabilities.

While Bryan’s situation is an unfortunate one, it is good to know that thisbirth injury lawsuit will help him pay for any medical costs he needs throughout his life.

If you or a loved one has given birth to a child that now suffers from a birth injury caused by a doctor’s negligence, it may be possible to pursue a birth injury lawsuit. Contact a birth injury lawyer at Sokolove Law today to learn more about your legal options.

Birth Injury

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Florida Supreme Court Allows Birth Injury Lawsuit

By admin | Published February 3, 2012

A state supreme court ruling will allow a Florida family to sidestep a state fund and sue the hospital and doctors they allege acted in negligence and caused their daughter to suffer serious birth injuries. If their lawsuit is successful, it could have a far reaching result on doctors’ liability in situations involving birth injuries in Florida. On September 26, 2001, following a car accident that forced her mother into labor, Tristan Bennett was born via cesarean section and required resuscitation and oxygen before being put in a special care nursery. Only days later, Tristan stopped breathing and suffered a pulmonary hemorrhage as well as other kidney and liver problems. Follow up tests determined that Tristan had suffered serious and permanent neurological damage. The Bennett family charged that the doctors performing the birth had given Tristan too much intravenous fluid and not tested for serum electrolyte derangements following the birth. While they wanted to pursue a lawsuit against the hospital because the injury had occurred after the post-delivery period, they first had to get permission from a judge to avoid falling under the purview of a payout from the Florida Birth-Related Neurological Injury Compensation Association. According to the Florida Birth injury Related Neurological Injury Compensation Association’s website, the program was created in 1988 to pay medical bills for children born with “certain neurological injuries” without the need for litigation. The fund can be used to fund “actual expenses for necessary and reasonable care, services, drugs, equipment, facilities, and travel” that do not include expenses that can be compensated by state or federal governments/private insurers, a one-time cash award of no more than $100,000 to the parents/guardians of the child, a death $10,000 death benefit for the infant, or “reasonable expenses for filing the claim, including attorney’s fees.” Following differing rulings from a Florida administrative law judge and the state First District Court of Appeal, the Florida Supreme Court ultimately ruled on July 7 that the family could proceed with a lawsuit against the doctors and hospital who performed the birth. The decision has led to debate among medical experts and NICA over the long-term effects of future potential lawsuits regarding birth injuries. Regardless, it is good to hear that the Bennetts will have their day in court to hold the doctors/hospital liable for their errors. If you or a loved one have given birth to a child with a birth injury, there may be legal action worth pursuing. Speak to an birth injury attorney at Sokolove Law today to learn more about any potential lawsuits you may be able to pursue

Birth Injury

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Golfer with Cerebral Palsy Qualifies for Disabled British Open

By admin | Published February 3, 2012

Amateur golfer Jason Faircloth is yet another example of an individual who has overcome a potentially crippling birth injury to excel at a physical activity that many assumed he would never be able to pursue.

The 32-year-old Faircloth, a resident of North Carolina, was born withcerebral palsy that affected his arms and legs and had doctors fearing that he would never be able to walk or talk. However, using various treatments and contraptions to exercise his muscles while also feeding his love of playing golf, Faircloth was able to develop his skills and become a scratch golfer.

The development of his golf skills culminated in his recent qualification for the Disabled British Open, which will take place August 15 in England. He is the first American to ever qualify for the event.

Karl Thurber, a golf pro at the country club that Faircloth plays at, said that while Fairchild could use his disabilities as an excuse for any shortcomings, he never has done so.

“Jason has always gone about his merry way as if he has no handicap,” Thurber said. “And he wants to make a difference in his life and in others’ lives. Sometimes people will use convenient excuses for their failures or inadequacies. Jason refuses to do that, not just in golf but in life. He faces the world.”

Jason Faircloth’s story is an inspirational one for any family who has a child dealing with a birth injury such as cerebral palsy. We wish him nothing but the best of luck in the tournament. If you or a loved one have a child who was born with cerebral palsy or other types of birth injury, there may be legal action worth pursuing. Contact Sokolove Law today and speak with one of our experienced birth injury attorneys.

Cerebral Palsy

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