Month: March 2009

USS Missouri BB-63

The USS Missouri had a long and storied career as a U.S. Navy warship.  She is most famous for having hosted the Japanese surrender in Tokyo Bay at the end of World War II, as well as her role in the battles of Iwo Jima and Okinawa.  Less well known is the fact that USS Missouri actually fought in three wars over the course of 50 years.  In addition to two combat tours in Korea, the Mighty Mo saw action in Operation Desert Storm in 1991, firing her guns against Iraqi forces with the same bravery that she showed in the war against Japan almost a half century earlier.

The Missouri was rescued from a graveyard of Navy ships thanks to the efforts of a dedicated group of supporters, including Retired Vice Admiral Robert Kihune and Hawai‘i Senator Daniel K. Inouye.  She moved to her permanent home at Pearl Harbor in 1998, and opened as a museum ship in 1999.  Today, she stands as a memorial to the brave Navy veterans who served in World War II.

The men and women who work at Pearl Harbor Naval Shipyard are proud to be able to repair and maintain the USS Missouri.  As Shipyard Commander Capt. Gregory Thomas noted in a statement to the Honolulu Advertiser, “Pearl Harbor Naval Shipyard played a key role in winning World War II, so Shipyard workers have tremendous appreciation for Missouri’s historical significance.”

Galiher DeRobertis & Waxman is honored to have represented many of these shipyard workers and Navy veterans in asbestos cases for over 30 years.  Some of our Hawai‘i clients were actually present at Pearl Harbor on December 7, 1941, to witness the “day that will live in infamy.”  Our clients served bravely at Pearl Harbor Naval Shipyard and in the U.S. Navy, and were often exposed to asbestos on Navy ships and submarines.  We are proud to have been able to help thousands of men and women who have contracted mesothelioma, lung cancer, and asbestosis as a result of their asbestos exposure at Pearl Harbor.

Portsmouth Naval Shipyard

It was announced last week that Portsmouth Naval Shipyard (PNS), best known for its work in building, upgrading, refitting and repairing Navy submarines, will be receiving $9 million to renovate its facilities.

This shipyard began constructing submarines during World War I and played a vital role in both World Wars I and II.  The shipyard workers at PNS built the L-8, the first submarine ever built by a US shipyard. Over 130 submarines were built here between 1917 and 1969.

During World War II, over 70 Gato and Balao Class submarines were constructed at PNS, including the USS Scorpion SS-278, the USS Archerfish SS-311, the USS Ronquil SS-396, the USS Razorback SS-394, and the USS Redfish SS-395. PNS is the only shipyard to ever launch four submarines on the same day.

The shipyard later became the Navy’s center for submarine design and development due to all of its accomplishments. PNS continued to build submarines until 1969. Today it remains a major facility for the repair and overhaul of the Navy’s submarines.

Millions for Improvements

Congress recently approved a bill allocating $9 million for improvements to PNS. The bill is headed to President Obama’s desk. The shipyard sits on the border between New Hampshire and Maine and is a significant employer for both states. New Hampshire Representative Carol Shea Porter and Maine Representative Chellie Pingree were key in securing this funding for shipyard improvements. Approximately $7 million will be used to upgrade security and to build a new guard house, barriers, an inspection shelter and an intrusion detection system. The remaining $2 million will be used to help modernize the shipyards facilities.

Asbestos Exposure at Portsmouth Naval Shipyard

As a result of the work at PNS during both World Wars and up until the mid 1970s, the shipyard workers at Portsmouth Naval Shipyard were exposed to very significant amounts of asbestos-containing insulating materials that were used extensively in the construction and repair of submarines. Many asbestos insulating products were installed in diesel submarines like the Archerfish, Scorpion, Ronquil, Razorback, and Redfish. The exhaust piping and joints on the four diesel engines had asbestos insulating pads.  The hot and cold pipes, valves, and fittings were insulated with asbestos felt and asbestos cloth.

While these submarines were at sea, crewmen were exposed to these asbestos materials that were disturbed during the routine operation and maintenance. All of the submariners were exposed to the asbestos dust that was created, especially given the extremely confined spaces of the submarine. These crewmen and shipyard workers were unaware of the dangers of breathing asbestos and today these veterans remain at risk of contracting mesothelioma as a result of the toxic asbestos on board.

Special Connection with PNS

The law firm of Galiher DeRobertis & Waxman has two special connections with Portsmouth Naval Shipyard and the submarines built there. They have been proud to represent many veterans who developed mesothelioma as a result of their exposure to asbestos while serving on submarines built at PNS.

Our founder, Gary Galiher, has another unique connection with Portsmouth Naval Shipyard – his father served on a PNS-built submarine. During the 1950’s, Clifford O. Galiher served as a auxillary machinist on the USS Ronquil.  He said, “I am very proud of my father’s Navy service and have come to appreciate the skill and commitment that was required to be a submariner. I am sure my father would be happy and proud to see that PNS continues to repair and maintain submarines for the US Navy.”

The Canadian asbestos industry has stirred up serious controversy in the province of Quebec in recent weeks, as Canadian health experts and opposition party members call for a re-examination of Canada’s export of asbestos to the developing world.  So far, the Quebec government has rejected these calls.  Indeed, the majority Liberal party recently refused to even create a parliamentary committee to study the health effects of exporting the nearly 175,000 tons of asbestos that are mined in Quebec and shipped all over the world.

The controversy began with Premier Jean Charest’s trade mission to India in early February.  Before this visit, Charest received a letter from a coalition of over 100 scientists from 28 countries, calling upon the premier to speak out about the hazards of India’s growing asbestos industry.  The scientists asked Charest to recognize the international consensus that all forms of asbestos cause asbestosis, lung cancer, and mesothelioma, and present a serious threat to human health.  Accordingly, the letter asked Charest to stop promoting the use of asbestos in India and other developing countries.

Chrysotile Asbestos

Unfortunately, rather than speaking out about the hazards of asbestos on his trade mission, Premier Charest insisted that: “Chrysotile can be used in a safe manner; this is what WHO reports say.  It is not a banned substance.  It is up to the government of India to put the necessary laws in place.”

In fact, the World Health Organization (WHO) says no such thing about the safety of chrysotile asbestos.  According to Maria Neria, the director of public health at WHO, the organization’s “position is very, very clear” that “all types of asbestos are carcinogenic.”  As noted in a recent article in The Lancet magazine, WHO guidelines state that “increased cancer risks have been observed in populations exposed to very low levels.”  The WHO has further stated that “the most effective way to eliminate asbestos-related disease is to stop using all types of asbestos.”

Despite the strong international consensus that all forms of asbestos cause lung cancer and mesothelioma, the Quebec government has so far refused to stop exporting deadly and carcinogenic asbestos to India and other poor countries.  On the contrary, the  government continues to support the Chrysotile Institute, which lobbies internationally to minimize the health hazards of asbestos and prevent international organizations from banning the material.

So far, the voice of Canada’s $100 million a year asbestos industry has outweighed the voices of scientists and worker advocates.  However, public health experts are extremely concerned about the high rates of mesothelioma, asbestosis, and lung cancer that are likely to emerge in the developing world as a result of Canada’s ongoing exports of this toxic substance.

According to The Lancet, asbestos disease already claims the lives of 90,000 people a year worldwide.  Asbestos which is mined in Canada today will continue this deadly legacy for another generation.

The law firm of Galiher DeRobertis & Waxman has represented clients with asbestos-related diseases, including mesothelioma, for over 30 years.  We have seen first hand how this toxic and carcinogenic substance has harmed workers and their families.   Our firm urges the Quebec government to halt the export of Canadian asbestos, so that the dire public health consequences can be avoided.  It is time to stop this deadly industry.