Asbestos


Asbestos lawsuits have become a major issue in many states. The high damages that have been awarded to many plaintiffs have encouraged people suffering from asbestos related conditions to file their own asbestos lawsuits in the hope of recovering some of the financial costs of treating mesothelioma, asbestosis and other medical costs arising from exposure to asbestos. Because so many people have been affected by asbestos exposure, the courts in many states have become bogged down with hundreds and sometimes thousands of asbestos lawsuits awaiting trial.

To ease the crush of asbestos lawsuits awaiting trial, many states have taken a second look at the way that their court systems deal with asbestos related cases. In some cases, this has led to legislation that changes the statute of limitations on bringing an asbestos lawsuit, or in changing requirements for filing a lawsuit related to asbestos exposure.

The intent of most such legislation has been to reduce the number of suits filed and make it easier for those who are the sickest to have their cases heard in court the soonest. In California, for instance, asbestos lawsuits where the plaintiff has been diagnosed with mesothelioma go to the front of the queue for court scheduling.

Among the changes that are being considered in many states are laws that would restrict who can file an asbestos lawsuit in their courts, the time limits for filing asbestos related suits, and the type of suits that are allowed. Some courts will only hear asbestos lawsuits if the defendant or plaintiff reside in or do business in their district.

Others interpret jurisdiction far more liberally. Still others have passed legislation that discourages or prohibits the bundling of many asbestos plaintiffs into one case. In some states, you must have a diagnosed asbestos related disease in order to file suit, but at least one judge has ruled that plaintiffs may bring suit based on their risk of developing mesothelioma, citing the heightened awareness and fear of developing mesothelioma because of asbestos exposure.

The “asbestos crisis” has even prompted federal action. Since the mid-1990s, the federal government has been attempting to pass legislation that would remove the right to bring asbestos lawsuits from the hundreds of thousands of people who have been and may still be exposed to asbestos and become ill as a result.

These bills are highly supported by the insurance industry and those companies who have been held accountable for exposing their employees and the public to asbestos in the workplace and the environment.

The most recent iteration of federal asbestos legislation was the 2005 FAIR (Fairness in Asbestos Injury Resolution) bill. The bill laid out the structure of a national fund that would pay out specific monetary awards to people who could document particular illnesses, based on how sick they were.

The awards were to be funded by a trust made up of contributions from many of the companies who were guilty of exposing their workers to asbestos. The FAIR bill would have removed the right for people who were injured by asbestos to sue those responsible, and limited the amounts that they could recover to prescribed amounts.

The intent of the FAIR bill, according to its supporters, was to ensure that those who actually suffered damages from asbestos exposure are fairly compensated for their injuries without having to face months and years of trial.

While the intent sounds noble, the true purpose of the FAIR bill is to limit the financial accountability of industry for the damages that it has caused. According to most medical and legal experts who examined the 2005 FAIR bill, it was seriously flawed in a number of ways.

- It seriously underfunded the trust that was meant to completely compensate those who were ill with asbestos related diseases. The amount that it called for, said those experts, wouldn’t even be enough to cover the current cases awaiting trial, let alone the several thousand new cases that are diagnosed annually.

- The FAIR bill would have removed the rights of those who were exposed to asbestos outside the workplace, either because their family members brought home asbestos dust on their clothing and in their hair, or because they lived in the vicinity of a plant that processed asbestos. Under the provisions of the FAIR bill, those people would not be able to file asbestos lawsuits despite the fact that the bill made no provision for compensating them for their injuries.

If you or a loved one has been diagnosed with mesothelioma or another asbestos related disease, you may have the right to recover compensation for your injuries and loss. Find out about your rights to file an asbestos lawsuit before the changing laws take them away for good.



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Asbestos


Developing an asbestos lawsuit can be a challenging and scary process, which is why finding an asbestos attorney who can breakdown the legalities of a case is important. For example, understanding that defendants in an asbestos lawsuit are those allegedly responsible for the asbestos exposure is important to know. Additionally, the plaintiff is the victim accusing the defendant of exposure and the plaintiff can range from the actual victim of asbestos, their family or loved ones.

Why Should I Consider an Asbestos Lawsuit?

The purpose of asbestos lawsuits is to recover financial damages that result from asbestos related illness. Possible financial recoveries from asbestos lawsuits include the cost of medical bills, lost wages, and other associated costs. In some asbestos lawsuits, punitive damages (designed to punish the defendant) are also awarded. A few states permit asbestos lawsuits to be filed by people who reasonably expect to develop asbestos-related illnesses. Developing an asbestos lawsuit enables individuals to regain the finances it will take to combat mesothelioma-related illnesses. Many asbestos lawsuits have served to help publicize the adverse health effects of asbestos exposure; additionally, the number of plaintiff rewards are on the rise as exposure to asbestos becomes more common knowledge.

Although asbestos lawsuits can be complicated at first glance, a number of individuals have benefited from asbestos lawsuits, including families of victims, left with enormous medical and funeral costs. It is important to contact an experienced mesothelioma attorney in order for the details of an asbestos lawsuit to be understood thoroughly prior to the proceeding.

Asbestos attorneys can help victims in recovering funds related to asbestos-caused mesothelioma. Many of the asbestos attorneys with experience in this field have successfully claimed costs from those responsible for asbestos exposure. Asbestos attorneys can regain medical costs, lost wages, and punitive fees for victims and their families.

A mesothelioma diagnosis can be devastating and confusing. It presents questions about legal options, long-term plans, and medical care. Luckily, patients suffering from the devastating effects of mesothelioma can hire an intelligent, competent mesothelioma lawyer for their mesothelioma lawsuit. Before you decide on representation and hire a mesothelioma lawyer, here’s what you should know about what a mesothelioma lawyer can do for you.

Why Hire A Mesothelioma Lawyer?

When faced with a legal crisis, it can be tempting to pursue legal action without the intervention of an experienced mesothelioma lawyer. This is not advised, especially for complex litigation such as mesothelioma claims For this reason, hiring a mesothelioma lawyer is strongly recommended. A mesothelioma lawyer is not only prepared to thoroughly represent your legal interests in court; in fact, he or she will bring support, perspective, and a lifetime’s worth of expertise and education to your mesothelioma claim. And that can spell the difference between defeat in court and victory (and a substantial mesothelioma settlement).

In addition to helping you decide where to file suit and which parties to sue, a mesothelioma lawyer can advise you on state-specific legal variations such as statutes of limitations, awards caps and insurance regulations that can affect your mesothelioma settlement. Additionally, understanding asbestos as well as insurance company tactics will be important. In addition, a good mesothelioma lawyer knows the judges, venues and rules of court that can make or break a mesothelioma lawsuit.

A mesothelioma attorney can meet with victims to discuss liability in mesothelioma cases; most asbestos lawyers are able to predict the outcome of a particular case based on their previous experience. A good mesothelioma attorney will have the legal knowledge and connections to pressure reluctant parties into accepting accountability; many mesothelioma attorneys end up enabling their client to collect without ever having to go to trial. Also, mesothelioma victims may be able to speak with other similar individuals as long as both parties comply, a mesothelioma can contact a colleague who specializes in mesothelioma to allow the clients of both lawyers to support each other and exchange information.



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Asbestos


Recent statistics show that almost every building built before 1980 is most likely to be made of asbestos related products. According to the TUC, all public buildings and schools built between 1960 and 1980 most probably have asbestos in walls, boilers, and even hot pipes. Properties built since the mid-1980′s are unlikely to contain asbestos in the fabric of the building and properties built since 1990 are extremely unlikely to contain asbestos anywhere in the building.

Asbestos has previously been used in UK buildings for fireproofing, insulation, reinforcement and condensation protection. The Advisory Committee on Asbestos has released a report which states that the UK is most affected by the use of white asbestos by the name of Chrysotile. The Chrysotile imported by the UK in 1976 was utilized 40% by cement building products, 22% by reinforced and filler cements and 12% by floors and tiles.

Asbestos based items and products are no longer approved by the UK government or any other government in the world since research has highlighted its harmful effects on human health. These products are known to emit asbestos fibres which are the cause of many diseases such as asbestosis, mesothelioma, lung cancer and other diseases. These fibres are so small that they are invisible to the human eye, with some fibres being up to seven hundred times smaller than a human hair. When these asbestos fibres are released from the building material or product and become airborne into the air we breathe, they often stay suspended there for hours or even days.

We are all exposed to low levels of asbestos in the air we breathe. This is generally higher in cities and industrial areas. Employees in industries that mine, produce or use asbestos products and people living near these industries may be exposed to high levels of asbestos in the air.

Asbestos fibres may be released into the air by the disturbance of asbestos based material during product use, demolition work, building or home maintenance, repair, and remodeling. Asbestos exposure may also occur when asbestos based materials are disturbed in some way as to release particles and fibres into the air. This disturbance could include product use, demolition work, building or home maintenance.

Asbestos is not always an immediate hazard. In fact, if asbestos can be maintained in good condition, it is recommended that it be left alone and periodic surveillance performed to monitor it’s condition. It is only when asbestos containing materials are disturbed or the materials become damaged in such a manner that fibres are released, that it becomes a hazard.

When asbestos fibres are originally inhaled, they may become trapped in the lungs. Over time, the body tries to dissolve theses fibres. Unfortunately due to the nature of asbestos, the body does little to damage the fibre, but instead damages the surrounding tissue. Eventually, this damage may become so severe that the lungs cannot function.

Although the use of asbestos has been banned for many years now, asbestos related deaths still occur for up to 40 years after exposure. The symptoms of asbestos related diseases, unfortunately, do not become apparent until it is too late.



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Asbestos


Knowing the facts about asbestos exposure will help you to protect yourself and your loved ones. The U.S. and many other governments have compiled fact sheets and created guidelines and laws for handling and reporting asbestos exposure, as well as strict guidelines for asbestos removal and abatement. Being informed about asbestos and the dangers of asbestos exposure can help you avoid becoming a statistic.

Why Asbestos Exposure is a Problem

The danger of asbestos exposure arises from inhaling and swallowing tiny dust particles and fibers. Those particles are released when asbestos is broken up or disturbed in anyway. Once the asbestos fibers have been inhaled or swallowed, they may lodge in the lining around the lungs, heart or abdominal cavity and go unnoticed for decades.

Eventually, though, they cause scarring and cell changes that can become a malignant cancer known as mesothelioma. Even when mesothelioma does not develop, asbestosis and other asbestos related conditions can cause pain, restricted breathing and other difficulties.

How Asbestos Exposure Happens

There are many ways to be exposed to asbestos, but the most common type of asbestos exposure is occupational, or work related. Asbestos was used in the construction industry, the auto industry, on the railroads and in shipyards and in many factories that made items coated with or woven with asbestos.

When the asbestos was broken, moved, sanded, poured or otherwise manipulated, fine particles and dust was released into the air, where it was inhaled and swallowed. Family and household members of people who worked with asbestos were also often exposed to the dust when it was carried home in clothing and hair.

People who lived in the vicinity of asbestos plants may have been exposed to asbestos in the environment. According to the Agency for Toxic Substances and Disease Registry, residents who lived near asbestos plants may have been exposed to asbestos by breathing the air within a few blocks of the plant, playing in waste piles of rock near the factories and moving or handling waste rock from processing plants.

In addition, there is a significant risk of exposure to asbestos in some older buildings where asbestos laced materials were used in construction. These materials are safe as long as they are covered and/or in good condition. However, asbestos may be disturbed during renovations, demolition or when flooring, ceilings and walls become damaged.

How to Protect Yourself from Asbestos Exposure

Although the use of asbestos in new products is now heavily regulated, there are still ways that you might be exposed to asbestos. If your home was built before 1978, for instance, it likely contains many materials that were made with asbestos.

Most of these materials only become a concern when they are disturbed or start to decay. Asbestos exposure can become a significant risk if you are renovating or dealing with the aftermath of a flood, fire or other event that damaged your home. If you’re not certain about materials in your home that may contain asbestos, it’s best to contact your local town offices or health department to find out about having your home evaluated for asbestos and what sort of asbestos abatement regulations apply in your area.

What You Can Do If You Believe You Were Exposed to Asbestos

Mesothelioma affects thousands of people every year. Because its earliest effects are often mistaken for the symptoms of a cold, virus or flu, it’s often not diagnosed until it has progressed beyond the treatable stage.

For that reason, anyone who worked or works in a job with a high risk of asbestos exposure should have regular medical checkups that include lung x-rays, and be especially watchful for respiratory ailments which may be the earliest symptoms of mesothelioma.

In addition, when asbestos exposure combines with smoking, your risk of developing lung cancer increases astronomically. If you were exposed to asbestos in the past and you smoke, quitting now can significantly reduce your chances of developing lung cancer.

Why Asbestos Exposure is a Legal Issue

Asbestos was one of the most widely used industrial minerals through the early to mid 1970s. The companies that mined, distributed and used asbestos were very aware of the danger that asbestos posed to their workers.

Instead of warning them and providing for safer handling, the industry deliberately hid those dangers from the public, their workers and the government. In doing so, they callously exposed hundreds of thousands of workers and their families to a deadly carcinogen.

Because these companies were aware of the dangers of asbestos and did nothing to warn or protect their workers intentionally, they may be legally liable for compensating people who became ill because of asbestos and their families.

If you believe that you or a family member became ill because of asbestos exposure, a law firm experienced in handling asbestos-related cases can evaluate your claim and help you get the compensation you deserve for your loss.



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Asbestos


Asbestos can be a source of great danger to those who work with it or have been exposed to it. Old houses and buildings that were built between the years 1950 and 1973 could just test positive for the presence of asbestos. Once damaged or disturbed, the materials that release the asbestos fibers into the air may cause serious lung disorders when inhaled.

The government is concerned about how to regulate and manage the repairing, maintaining and removal of asbestos materials. This has resulted in many asbestos laws and regulations passed by the government to bring down the potential hazards related to asbestos so that people can be protected from the harmful effects of asbestos. There are a couple of government agencies that are primarily concerned with creating asbestos rules and regulations.

The CPSC or the Consumer Product Safety Commission deals with asbestos regulations in consumer products and this area is its prime concern. The agency not only provides general information related to asbestos that may be present in your house but they also set guidelines for the removal and repairing of asbestos and also have laboratories for testing.

The second agency is the EPA or the Environment Protection Agency. As exposure to asbestos is most often accomplished through fibers that are present in the air, this agency is the prime government instrumentality that manages rules and regulations that are related to asbestos to protect the public.

There are two prime asbestos regulations that are enforced by the EPA. The first one is the Clean Air Act (CAA) and is managed by the EPA. The second, called the National Emission Standards for Hazardous Air Pollutants for Asbestos, is an example of asbestos regulation formulated to bring down the risks when exposed to asbestos.

The TSCA – Toxic Substances Control Act is managed and administered by the authorities of OPPT – the Office of Pollution Prevention and Toxics or by another state or other local equivalents. There are other two asbestos regulation Acts under the TSCA – the ASHARA that is the Asbestos School Hazard Abatement Reauthorization Act and AHERA – Asbestos Hazard Emergency Response Act.

OSHA – Occupational Safety and Health Administration is a body that was mainly set up for the protection of workers who are exposed to asbestos in their workplace. The agency not only sets standards at work premises but also has certain regulations that protect the employees from exposure during the course of their work. They offer technical assistance and consultation programs and they reach out to the employers and employees. The other service that the agency provides is Asbestos Advisor 2.0, a software program that gives details about federal asbestos regulations. To get more information one must visit their website or get in touch with the Department of Industries and Labor.

Asbestos


/>What Is Asbestos?



Asbestos disease, mesothelioma cancers, lung cancers and asbestosis are the diseases caused because of asbestos exposure. Asbestos constitutes different naturally occurring fibrous minerals in some rocks and soil. It has found widespread use in industries and building materials such as fireproofing, roofing shingles, electric insulation, furnace, hot pipe covering, and friction products.



Recent studies have, however, revealed that exposure to asbestos can have damaging health implication resulting in asbestos disease and mesothelioma for both workers in industries making use of asbestos as well as those who live in the environment surrounding such places. Workers may inhale fine asbestos particles in the air; they also become exposed through skin contact with asbestos or by swallowing asbestos fibers while at work. These workers are vulnerable to asbestos diseases as mesothelioma and asbestosis.

Serious Effects Of Asbestos Disease- Mesothelioma



Mesothelioma is the most serious of several asbestos-related diseases detected so far. This is because of the carcinogenic effect of asbestos particles. Asbestos can cause cancer of the lungs, esophagus, colon, rectum, stomach, vocal chords, and kidneys. About 70 percent to 80 percent of all cases of asbestos disease mesothelioma – a rare type of cancer of the mesothelium, the membrane that covers and protects most of the body internal organs – are the result of asbestos exposure at work.



Asbestos disease mesothelioma may not immediately manifest. The asbestos particles can lie dormant in the body for several years and manifest later, when the prognosis is very grim. It is possible that by the time the disease is diagnosed, the cancer may have already spread significantly. In view of health concerns all new uses of asbestos in the manufacturing industries have been banned in the United States from July 1989 onward. In particular, the use of asbestos in hand-held hair dryers was voluntarily stopped in 1979. Schools are required to test for use of asbestos roofing and it is removed or covered up.



Compensation To Victims Of Asbestos Disease Mesothelioma



The first case of asbestos disease mesothelioma was filed nearly 70 years ago. Employees in industries with considerable risk of asbestos poisoning are, in principle, eligible for mesothelioma compensation. The compensation is available only for those employees who run the risk of asbestos exposure since the 1940s. Recently, many mesothelioma patients have filed lawsuits for compensation. They have been awarded compensation on the ground that the owners of industries continued to use asbestos despite the information of the health hazards it entails. Currently, help is available to victims of asbestos disease mesothelioma through many specialized legal firms in the United States



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Asbestos


Mesothelioma is a malignant tumor. It affects the epithelium that lines the lungs, heart or abdomen. This condition affects those who are exposed to asbestos and products that contain the same.

Asbestos is used widely in the building industry, factories and sometimes even in homes since it is non-inflammable, resistant to chemicals and acts as a good insulation. It is a fibrous substance and is commonly used in the form of sheets. In the 1970s, following years of research, a ban was enforced since it was found that asbestos was the cause of cancer. Despite warnings of the dire consequences of using asbestos, the material is still popular because of its extensive applications. The high-risk areas are asbestos factories and the surrounding residential areas.

If you have queries about the material and the health hazards of using asbestos, if you are working in or living near an asbestos manufacturing unit, the best person to address your issues to is an asbestos specialist. He has the authority to publicize the threat the use of asbestos poses to human health. Besides warning people, the consultant will enlighten you on the precautionary measures to be taken to prevent conditions precipitated by the proximity of asbestos. Mesothelioma and other life threatening diseases like asbestosis are directly linked to being exposed to asbestos.

Besides spreading awareness about the ill effects of working in an environment where asbestos is used or manufactured, and advising them about preventive measures, the consultant makes people aware of government strictures on how and where asbestos and products containing the fiber should be used.

These specialists also work closely with the management in factories to implement the laws and strictly abide by them. A series of safety precautions are laid down which are to be followed to the letter. This helps in safeguarding the laborers from contracting diseases as a result of their vulnerability to asbestos.

The consultant is also responsible for inspecting commercial property and residential complexes to locate if and where asbestos or products containing asbestos have been used. When he finds that asbestos has been used, he examines the material to check what state it is in. After a thorough check if he finds that the product is in mint condition, he will leave it as it is, but he will lay down guidelines on how to manage the situation without disturbing the area in and around the asbestos. On the other hand, if he finds that the product is in bad shape and in need of repair, he will instruct you on how to go about the repairs or suggest that the offending sheets of asbestos be removed entirely.

If the latter is recommended, it involves a great deal of expenditure. Moreover, it poses the gravest danger since during the operation, the fibers released are breathed in by those in the vicinity or even ingested by some. This could trigger off diseases of the respiratory organs. Therefore, this operation is resorted to only if all other methods fail. Even if removal is advised, experts should be called in to carry out the procedure.



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Asbestos


You don’t want your acoustic asbestos ceiling any more because it collects dust and cobwebs and is difficult to clean and it loses its color with age. So what do you do with it? Remove it all? That’s the solution – remove the whole asbestos ceiling. You need to get rid of it al in one fell swoop.

Before you remove that terrible old ceiling, just make sure whether or not it has asbestos in it. The ceilings of houses that date back to about 1950, in fact most houses built before1970 may have asbestos, a type of fibrous substance that is known to be a contaminant that causes cancer and other disorders that are related to the lungs.

It is not an easy task to determine whether your ceiling contains any asbestos by just taking a look at it. In order to be sure about the content of asbestos in your ceiling it is very important to make an asbestos check and decide on the removal of acoustic asbestos ceilings. If the asbestos tests are negative, it is still worth it to take precautions in the removal of the acoustic asbestos ceiling.

The wearing of a respirator is very essential. Asbestos is easily airborne and the inhalation of these fibers could enter the lungs and that may cause damage and even cancer sometimes.

Wear eye protection even though most of the diseases that are caused by asbestos are due to inhalation of the fiber, nevertheless the exposure of the eyes or the skin to the asbestos fibers may be harmful and cause unpleasant effects. Asbestos warts are one of the diseases that are asbestos related and are caused when the skin is exposed to the mineral. Make sure to inform everyone at home about the removal of the asbestos ceiling, as this will help him or her maintain their distance and have minimum exposure to the risks that are related to asbestos. After you have ensured the safety of your family, consider the actual steps that are involved in the removal of the acoustic asbestos ceiling.

The removal of the acoustic asbestos ceiling is a very delicate process. It is best to leave the procedure to a licensed contractor to ensure its safe removal as this will require expertise and the ceiling’s surface must be made wet prior to removal. The ceiling is made wet before removal so the fibers in the asbestos sheets do not become hazardous by becoming airborne. Asbestos fibers are actually 1,200 times tinier then human hair, so it is difficult to see if the fibers are present in the air or not. So wetting of the ceiling is usually done as a health precaution before the ceiling is removed.

As the surface of the ceiling would be made wet, you must protect the furniture and the floors of your house. Remove all furniture and make sure to use plastic to cover everything and the floors before you remove the ceiling. Just a bit of caution and the removal of your ceiling could be done with minimum risk.



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Asbestos


Asbestos is a naturally-occuring fibrous mineral of metamorpic hydrous magnesium silicate. The term “metamorphic” is used to describe a process of extreme heat and pressure which creates specific secondary patterns of minerals with new chemical and/or physical properties. As the primary rock is heated and recooled, silicate crystals align in long rows of mineral fibers, which easily separate into tiny shards thinner than a human hair. Asbestos fibers are not a health risk as long as they are undisturbed. However, when asbestos is undergoes natural weathering, or is mined and processed, the microscopic particles waft into the air and cause disease if they are inhaled.

Asbestosis occurs when an inhaled asbestos particle irritates the body’s natural defence mechanisms, causing inflammation and scarring which eventually restricts lung function. Mesothelioma is a malignant tumor of the membranes surrounding the heart, lungs and abdominal cavity. Asbestos can also cause cancer of the mouth, throat, esophagus, larynx, stomach, lung and lymphoid tissue.

Asbestos exposure can also cause non-fatal illnesses such as asbestos warts, caused when asbestos fibers are lodged in the skin, causing lumps of scar tissue to form around the irritant in the same manner as they do in the lungs to cause asbestosis; pleural plaques, discrete, sometimes calcified fibrous lesions which can be seen on X-rays but are too small to cause breathing impairment; and diffuse pleural thickening, which can cause breathing impairment if it is extensive.

Due to its fire resistant properties, asbestos has been used historically for household and industrial purposes. It has been found woven into burial cloths in ancient Egypt, and Charlemagne reportedly had a tablecloth made of asbestos which he would throw into a fire to clean.

In World War II asbestos was considered so important by the War Department that it was considered a strategic material, and many American workers were exposed in the World War II boom in shipbuilding. After the war, it was widely used in the construction industry.

In modern Western society, it was used for such diverse purposes as lamp wicks, brake shoes, oven insulation, electrical hotplate wiring and home insulation, roofing and flooring. For instance, some kinds of vermiculite used in home insulation into the 1970s contained asbestos. The EPA banned this product in 1977.

When a home owner discovers asbestos in an old home, it should not be a cause for immediate panic. If the asbestos looks intact and is not pulverized, it is best to leave it alone. However, because of legal liability, schools and businesses containing asbestos usually must undergo a costly removal process, hazardous in itself because disturbing the stable asbestos product causes fibers to fill the air. Special equipment must be used to insure that the removal process does not cause health problems where non existed before.

Most industrialized nations have reduced or banned the use of asbestos for at least 30 years and now use fiberglass or woven ceramic fiber as a substitute, but since asbestos-caused disease has a latency period of up to 50 years, patients are still presenting with these illness today. Every year in America, approximately 3000 new cases of mesothelioma are diagnosed, and 550 deaths occurs due to asbestosis. According to the March 1991 Report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation, asbestos exposure has caused the deaths of approximately 200,000 to 265,000 Americans.

Asbestos use peaked in the United States in 1973, when 1 million tons of the material were used. The EPA attempted to institute a complete legal ban on the use of asbestos products in 1989; however, this ban was largely eviscerated by the US 5th Circuit Court of Appeals in 1991, and some restricted use of asbestos, albeit in fewer products than than before, resumed. Therefor, even today some workers are being exposed to this toxic material.

Asbestos is a serious continuing concern to the Environmental Protection Agency, and their website has detailed information on asbestos and its removal.

Concerns about the health risks of asbestos exposure date back to 1898, when the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the “evil effects of asbestos dust”. He noted that the “sharp, glass like nature of the particles” when allowed to remain suspended in the air, “have been found to be injurious, as might have been expected”. In 1906 a British Parliamentary Commission confirmed the first cases of asbestos-related deaths in Bristish factories and called for improved ventilation and other safety measures. In 1918 an American insurance company produced a study showing premature deaths in the asbestos industry in the United States and in 1926 the Massachusetts Industrial Accidents Board processed the first successful compensation claim by a sick asbestos worker.

Today, lawsuits claiming compensation for asbestos-related illnesses are a growth industry in the legal profession. An internet search of “mesothelioma lawyer” yields 1,910,000 results. The original manufacturers of asbestos products have long since been driven into Chapter 11 bankruptcy; plaintiffs have now turned to suing corporations with peripheral connections to asbestos products. More than 70 American corporations have filed Chapter 11 bankruptcy in due to asbestos liability claims.

Since the 1970′s, approximateley 6% of all lawsuits filed in American courts have been asbestos-related. The lawsuits now facing the courts have been described as “an elephantine mass” by the US Supreme Court, and are expected to cost between 200 to 275 billion dollars to settle. Asbestos liability is one of the largest issues facing the global insurance industry today.

Most epidemiological studies expected the number of lawsuits to peak in the 1990s, but this has not occurred, either because of the long latency period of asbestos-related diseases, or because legal action is becoming more popular among asbestos-exposed members of the public due to high-profile legal cases and widespread advertising by attorneys who specialize in such cases.

Many complaints have been made by representatives of industries facing lawsuits and the insurance companies who will be expected to pay them that the asbestos-lawsuit industry is rife with fraud, with less that half of all payouts reaching the plaintiffs. Aggressive, ambulance-chasing lawyers are said to exaggerate medical disability and coach clients on their testimony.

The group of plaintiffs includes not only ill people, but also those who have merely have a history of asbestos exposure and want compensation for potential future health risks. According to the American Academy of Acturaries Mass Tort Work Group, more than 100 million Americans have been exposed to asbestos in their workplace during the past century.



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During the holiday shopping season of 2007, an asbestos watchdog group known as the Asbestos Disease Awareness Organization uncovered a children’s toy containing elements of asbestos, which is a cancer-causing fiber.

While production of the toy has ceased, an article from The New York Times in April 2008 elaborated on the near forgotten incident. Currently, litigation has been developed in the Los Angeles Superior Court between ADAO and CBS Corporation, Planet Toys Inc. (manufacturers of the CSI Fingerprint Examination Kit) and several retailers for their involvement in the sale of the asbestos-tainted toy. Families affected by the contaminated toy should also consider developing litigation for the exposure of “substantial quantities of tremolite asbestos.”

The ADAO has also continued its testing of other products and found several containing asbestos, including additional children’s toys.

ADAO is an organization that utilizes volunteers, several of whom have either been affected directly by asbestos-related illnesses or have watched friends and family suffer from the diseases, including mesothelioma. The organization funds research that may affect public health, and the group acts as a watchdog for asbestos-tainted products or violations of asbestos policies, which have been set by the Environmental Protection Agency (EPA).

What is Asbestos?

Asbestos is considered a human carcinogen by the federal Department of Health and Human Services and is a “naturally occurring, fibrous silicate mineral,” according to the EPA. Asbestos becomes deadly when microscopic fiber bundles bind and become airborne.

When inhaled, the results can be deadly and severely damage an individual’s body through the development of mesothelioma cancer. In addition to mesothelioma, asbestos can cause lung cancer or asbestosis, in which fibrous tissue scars the lungs.

Asbestos that was mined was used in an array of industries, according to the EPA:

* thermal/acoustic insulator used for fire proofing

* roofing and siding shingles made with asbestos cement

* textured paint and patching compounds used on wall and ceiling joints

* artificial ashes and embers for gas-fired fireplaces

* stove-top pads

* vinyl floor tiles, flooring and adhesives

* asbestos blanket or tape for hot water and steam pipes

* oil and coal furnaces

Asbestos-Affected Children’s Toys

Tracing asbestos can be a difficult process because it is often overlooked, especially since it is not a common ingredient in manufacturing products anymore, although, it was at one time. The ADAO has been testing thousands of products for the contamination of asbestos in toys as well as regular products. Currently, they have determined several toys to have had trace amounts of asbestos including:

* CSI Fingerprint Examination Kit

* Ja-Ru Toy Clay (found among three varieties of the product)

* Art Skills’ Clay Bucket (asbestos found in six colors of clay)

Additionally, there are several other products the ADAO found with asbestos traces that are not directly related to children’s toys, but could still affect a child’s health. One of the major concerns is use of talc baby powder on babies, which could contain small amounts of asbestos. Other products that have been found with asbestos contamination, according to the ADAO, include:

* Scotch High Performance and All Weather Duct tapes

* DAP Crack Shot Spackling Paste

* DAP 33 Window Glazing

* Gardner Leak Stopper

The organization also found that hair rollers, hot plates, powdered cleansers and small appliances were at risk for adversely affecting public health with asbestos fibers. The organization noted that these products are all being sold at national retail chains including:

* Wal-Mart

* Costco

* Toys “R” Us

* Home Depot

* Lowe’s

* Macy’s

* Bed Bath & Beyond

* CVS

Consumer Affairs, a Web-based consumer news and resource center, issued the following tips to assist parents, relatives and friends with purchasing toys for children, in order to better protect children from asbestos exposure. The list includes the following:

* Be a vigilant shopper and read all warnings that may include a toy breaking, containing small parts or fire and choking hazards.

* Read product reviews that are both done by independent panels and consumers.

* Research information on the most recent product recalls.

* Inspect toys; any toys that are broken should be thrown away.

* Research how, where and when a product was created.

What to do if Your Child is Exposed to Asbestos

If a child is exposed or even may have potentially been exposed to asbestos containing tremolite, it is imperative that medical assistance is sought immediately. Because of the nature of asbestos-induced conditions, if a child is exposed to asbestos and goes untreated as if everything were fine, they could develop mesothelioma cancer years later, which is why immediate medical care is advisable.

Because asbestos exposure among children is considered extremely avoidable, developing a lawsuit for damages incurred may be a necessary step. Victims should located an experienced mesothelioma attorney to learn more about developing a mesothelioma lawsuit.



Street Fighter: The Later Years